Crime and Policing Bill

Debate between Baroness Fox of Buckley and Viscount Goschen
Viscount Goschen Portrait Viscount Goschen (Con)
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My Lords, my noble friend Lord Blencathra has made a very pragmatic speech on the difficulties of fare evasion and the extraordinary complexities of the ticketing and fares system in the UK. Of course, I note that the Government are legislating in this area as part of the broader GB Railways Bill that is coming down the tracks, as it were. I really do not believe that there is a single individual in the United Kingdom who could answer 20 questions about the cheapest fare from A to B crossing C and get it right. It is an extraordinary system, and I quite agree that many people are making inadvertent errors, which should absolutely be taken into consideration.

Equally, the Minister will have heard me talking about enforcement on many occasions throughout the passage of the Bill. The law is brought very quickly into disrepute if the laws that law-abiding people see as absolutely necessary are avoided by a determined criminal element. We have all seen it. We have all seen it on the Tube, with people barging through, tailgating and hopping over the barriers. I have seen two officials of London Underground at Green Park station late in the evening, chatting to one another—someone comes barging past and they do absolutely nothing. If that continues, then I suggest we get ourselves into a very difficult situation indeed. So, when the Minister comes to respond, I ask that he talks about enforcement and about the attitude of the police to combat this serious issue which robs the railways and London Underground of hundreds of millions of pounds and is unsustainable.

I think that, on the ticketing issue and the fare issues, the answer really lies in technology. I think that apps have made this much more straightforward. It is absolutely a task for computers to find the best ticket from A to B, but there are plenty of people who do not use those, who are not particularly computer literate and who prefer a paper ticket. So, it is perhaps more complex than it seems from the outside, but I really think we have to put more effort on enforcement in this difficult area.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, briefly, because very good points have been made, I am tempted to say, yes, we need to increase penalties or threaten people with prison, because fare dodging does drive me mad, particularly on the Tube. It is partly the brazen, quite violent and intimidatory way that it happens for ordinary people: you are pushed out of the way and you just do not know what to do. We are not all Robert Jenrick with a camera: you want to intervene, you want to say something, you want to have something happen, but it does not happen. What has occurred is a normalisation of anti-social behaviour. The difficulty is whether we can legislate against that, because it seems to me that, partly at least, this is cultural and we have a situation where members of the public look away.

But I do think there is a problem with staffing. Whether TfL staff in particular are intimidated or whether they are indifferent, it is hard to tell, but I can assure noble Lords that they are not intervening very much. Despite the fact that this has had a lot of publicity recently, I have seen that it carries on, it seems to me, all the time. Even if you talk to the staff, they look the other way. It is one of those things: you do not want to be a grass and so on—by “you” I do not mean the noble Viscount—but I can see people feeling “I don’t necessarily want to go and report on that person, and I’m not sure what to do”. In other words, the public are stymied and are not quite sure how to respond. It is ironic, because we are constantly told that we should respect public-facing staff, and that is absolutely right, but if the public-facing staff do not respect us as members of the public, it makes it difficult. So, I am not convinced, despite the good intentions of this amendment, that it is the solution, because I am fed up with laws being added to the statute book that nobody enforces—it seems to me to bring the law into disrepute.

I want to add a note about the difficulties of buying tickets on national rail and knowing whether you are using the right ticket. I can assure noble Lords that I have made mistakes, but one reason that you can make a mistake is if you have a ticket for a fixed time and the train is late and you get on another train, you can actually be reprimanded for being on the wrong train when in fact it has just arrived at the time that the train that you were going to get should have arrived or has not arrived. I will not bore noble Lords with the details, but anyone who has travelled on trains regularly will know what I am talking about—and then to be sneered at by a member of staff. It seems to me that the danger here is that the innocent could indeed find themselves at the receiving end of a more draconian enforcement, whereas the culprit, as it were, gets away with it.

I also want to draw attention to the dangers of fast-track court processes. I really hate this single justice procedure, and it is worth noting that TfL are the people who use it most to prosecute people. The noble Lord, Lord Blencathra, made the point that you can appeal to magistrates. Well, not in that instance, because you are not in the courtroom; it is all happening behind your back. I just worry about injustice occurring. On the other hand, I would like to hear from the Government what strategy they have: not relying on one person with a video camera to expose this, but a campaign about fare dodging would do no harm, because it is public money and the public get very irritated by it. I do not think we need an amendment, but I would not mind some action being taken.

Border Security, Asylum and Immigration Bill

Debate between Baroness Fox of Buckley and Viscount Goschen
Viscount Goschen Portrait Viscount Goschen (Con)
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My Lords, I support my noble friend’s Amendment 35. We really need the data to understand the problem and how efficacious our measures to control it are. My noble friend asked a number of different questions in a number of different ways, and he has not been given the information the House requires. We need to understand why that is. I am sorry that the noble Lord, Lord Hanson of Flint, is not in his place, because I was about to pay him a compliment. I managed to extract a truly startling statistic from him when I asked what proportion of people in these circumstances—those who have arrived through what is now termed irregular routes—are removed from the country against their will. The answer was 4%, so there is a 96% chance of success in remaining.

In order to understand the reasons why people typically want to come to the UK, one needs to understand the strength of the regime that deals with those applications, and the chances of staying versus being deported or removed from the country through one means or another. Unless the Government can really come forward and answer my noble friend’s question, or agree to his amendment, it is very difficult to take seriously the actions the Government are taking. We know that the Government do not know who is in the country at any one time; our systems do not record exits from the country as they do people coming in. It will probably lead us to a much wider discussion about how we can get the data and know who is here and who has overstayed the terms of their visa. It is entirely reasonable for my noble friend to ask those questions, and it is the Government’s duty to respond in detail.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I am particularly interested in the student visa amendments, which are both very helpful. There is now an informal assumption that there is a problem with some overseas students playing the system and potentially using their student visas as a mechanism for seeking asylum. The noble Baroness, Lady Lawlor, presented a balanced and sensitive case so that all of us can understand, first, the importance of overseas students to the UK and, secondly, the legitimate use of asylum seeking if circumstances change, while at the same time understanding that there is potential abuse of the system. The problem is that while there is a focus on, for example, small boats, maybe a focus on universities does not feel quite as newsworthy and headlines will not be generated, or it seems somehow more legitimate if they have come to do even a media studies course—they cannot be criminals. None the less, there is a problem if the system is abused.

There are two additional points that have not been referred to. I fear that UK universities themselves have mis-sold universities to overseas students, treating university courses as cash cows. One of my first more militant acts at university, many decades ago, was a week-long sit-in to defend overseas students from increased fees, and I have always thought that it was an important part of our education system to defend them. However, universities simply sell inappropriate courses for money to students who often cannot to speak adequate English for a degree. That is not to criticise them; I am criticising the university managements who sell their courses in that way. That kind of cynicism is likely to rub off on students, who will not necessarily come here and think, “I must take seriously my duties and responsibilities to higher education and the pursuit of knowledge”, because the universities have, in an entirely instrumental, business-like fashion, sold them a course that is maybe not very good and not taken any notice of their facility for education. Why would you not become cynical in those circumstances?

Finally, I hope that the Government will take the opportunity provided by both these amendments to think about universities and overseas students, because this is very much in the news in the context of Sheffield Hallam University. We now know that Sheffield Hallam’s management betrayed one of its own academics and compromised academic freedom to guarantee a continued flow of Chinese overseas students, stopping that academic’s research because the Chinese state found it inconvenient. It is not in any of our interests to allow universities to become politicised instruments of overseas students, be it the state, using them in a particular way, or those who recommend that, if you study in the UK on one of these courses, you will easily get asylum. I know that this happens. It is a form of people trafficking that is just not hitting the headlines, but I can assure you, it is happening. I therefore support both amendments and I was very pleased to see them.

Border Security, Asylum and Immigration Bill

Debate between Baroness Fox of Buckley and Viscount Goschen
Viscount Goschen Portrait Viscount Goschen (Con)
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My Lords, I have two amendments in this group, and I certainly support the amendments tabled by my noble friend Lord Cameron. The first of my amendments, Amendment 22, is very straightforward in saying that the commander should publish financial accounts. Clause 4 refers to the financial year but not the publication of financial accounts. It is very important that we have discipline around what the purpose of the organisation is and what will be the return on the investment the public are making in it. When the Minister comes to respond on this group, perhaps he will guide the Committee as to whether the £150 million that has been mentioned is, in effect, new money being put into this organisation or whether it represents a reallocation of existing budgets. Perhaps it is a blend of the two.

That brings me on to Amendment 24, which could almost be thought of as post-legislative scrutiny on an ongoing basis for the new structure that is envisaged. It is a new layer—I will not use the word bureaucracy, but it is a new agency essentially—designed to co-ordinate other agencies, rather than necessarily operationally deliver outcomes itself. There is, therefore, undoubtedly a danger, which I am sure the Government recognise, that having another cook in this kitchen could destroy value rather than add value. We need to be clear about what the real outcome is, over a period of years, of the initiatives that the Government have brought forward. We certainly give them credit for doing so for all the right reasons.

Perhaps my drafting was rather inelegant, but this is not about the performance of the individual commander; I am talking about the commander’s organisation—the BSC. It is about asking whether the partner agencies continue to believe that the new agency is adding value and doing things that could not otherwise be done. If it does not work as we all hope it will, there must be an argument that it should be stood down and the co-ordination function perhaps be taken up by another agency or indeed by the Home Office itself.

These are two very straightforward amendments. The first point is that the Government need to be accountable for the money spent, and the second is that the partner agencies that will be the beneficiaries—or otherwise—of this co-ordination should be able to express their views about the efficacy of the structure. I look forward to the Minister’s response.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I apologise that I was unable to attend Second Reading. I have put my name to a number of later amendments, but I wanted to say how much I support the spirit of this group. On the issue of boat crossings, there is a feeling in relation to smashing the gangs that there is a huge amount of smoke and mirrors and not enough transparency and understanding. I fear that there is a climate of public distrust in which politicians are just not believed.

These amendments would therefore be really helpful to the Government, because they give assurances that this will be fully accounted for and not just a slogan, as has been indicated. The area around these crossings is a territory for rumour and potential misinformation. All sorts of figures are bandied around and people, because they no longer believe in the official figures, are open to all sorts of untrue figures. These amendments would help pin down exactly what this Bill will have achieved, which is very important.

There was an interesting incident recently where journalists—Patrick Christys and a team from GB News—helped to smash the gangs themselves. They did this by going on Instagram and pretending to be trying to get a crossing; they organised one and had WhatsApp communications, voice messages and so on, partly as a sting operation to show how easy it is to infiltrate the gangs and get this information. They passed on the information to the appropriate authorities. They have chased it up, and nothing has happened. Even though they had the names and phone numbers—because they were WhatsApp messages—of two gang leaders, nothing has happened to those people. Those journalists understandably used this to say, “For all the rhetoric about the gangs and this new piece of legislation saying that it will smash them, will it really?”

The first two amendments in this group will tell the public what they want to know about this Bill—how many gang leaders have been arrested and what exactly has happened. I urge the Government to look at these amendments favourably, as helpful to their cause and to the general atmosphere, so that we do not have public cynicism about political rhetoric without action.