(4 days, 12 hours ago)
Lords ChamberI am grateful to my noble friend for the work he did on citizenship when he was Home Secretary some years ago. He will know that the proposals today are about illegal entry to the United Kingdom and do not affect rightful citizenship applications for people who are entering legally. On those who are stateless and at risk of losing citizenship, there is a stateless leave provision for people who qualify, and they can apply for that; children will be considered sympathetically under existing legislation.
My noble friend mentioned community cohesion. The central premise of government policy is to ensure that we have a society that respects and has cohesion. He highlighted the importance of the Government’s proposals to tackle small boat crossings and illegal migration. The Bill introduced in the House of Commons on Monday, which will reach this House in due course, provides for a new border force. It will tackle criminal gangs and make sure that we use the security services to gather and share data, and that we stop this pernicious trade, which is benefiting only those who wish to make money out of misery.
I am sure the Minister will acknowledge that the people in question would have been accepted as refugees. By definition, over a number of years, most of them would have been seeking to contribute to British society and focusing on integration. How will they take it when they find that, in the “good character” criterion, they are bracketed with criminals and terrorists? On a factual point, there must now be a lot of very distressed and anxious would-be citizens. Can the Minister confirm that the guidance will not apply to people who have arrived here before 10 February?
(4 days, 12 hours ago)
Lords ChamberMy Lords, I am grateful to the noble Baroness, Lady Hamwee, for tabling this amendment, with the support of the noble Lord, Lord Carlile of Berriew. We have had discussions outside this Committee to examine these issues. I am genuinely sorry that I was not able to allay the concerns expressed in our discussions, but I hope to be able to do so today, formally and on the record. I am grateful for the comments from the noble Lord, Lord Sandhurst, which I think were supportive, and those from the Opposition Front Bench made by the noble Lord, Lord Davies of Gower.
The purpose of the Bill, as we have discussed, is to mitigate the effects of physical harm arising from acts of terrorism. My starting point, which I know will be shared by everybody in this Committee today, is that the people responsible for such heinous acts that might be inflicted as a result of terrorist activity are the terrorists themselves. The purpose of this potential Act, if it is approved downstream, is to ensure that there are requirements on the duty holders under it which make a real difference to the physical harm caused by potential acts of terrorism. For this reason, there is both a set of conditions to put in place, under Clauses 5 and 6, and robust regulatory and enforcement provision in the Bill.
However, the duties should not impose an actionable right for someone who has suffered loss or injury to bring a claim for a breach of statutory duty. I will try to explain why I think that is the case in due course. I may or may not convince the noble Baroness and the noble Lord, but I will attempt to do so.
Clause 31(1) puts this principle beyond doubt and provides valuable reassurance for responsible persons who, fearing they may face civil proceedings, could otherwise feel pressured to overcomply with the Bill’s requirements. These points were made by the noble Lord, Lord Davies of Gower. They might, as the Liberal Democrats have previously spoken about, drive people who have those statutory responsibilities to start to engage expensive consultants to overworry about the provisions or to make alterations to their premises that are disproportionate to the risks they face.
Throughout the Bill, the Government have tried to make the provisions as simple and clear as possible and to not put concerns that would lead to potential costly litigation on the face of the Bill. Clause 31(2) makes it clear that it does not affect any right of action which exists, apart from the provisions of Part 1 of the Bill. I know the noble Lord is aware of this because we have discussed it but, for example, a claim for negligence could still be made under the provisions of Clause 31(2). That provision is precisely in line with existing legislation, such as the health and safety legislation in 2013, which ensured that no civil right of action was available for breach of statutory duty unless provided for specifically under the Bill.
It is right that the Bill makes it clear that existing rights of action, such as negligence claims, are not affected, while providing what I hope—again, this is for noble Lords to assess—is clear reassurance to all that a civil claim for breach of statutory duty may not be brought. Therefore, I hope it helps the true purpose of the Bill: to require reasonable, simple and effective steps to mitigate the harm that could be caused by an act of terrorism, for which the terrorist is solely responsible. It should be achieved appropriately, proportionately and without overcompliance flowing from a fear of costly litigation.
I may not have succeeded, but I hope I am finding the balance point between the concerns expressed by Members of the Opposition, and the genuine concerns put down by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Carlile. I hope that balance point is achieved by what the Government say. I will listen again if the noble Lord, Lord Carlile, wishes to make any further points based on what I have said. That is —not with my legal training but the legal mind of the Home Office lawyers behind me—the position I put before the Committee in response to the amendments.
My Lords, I am grateful to those who have taken part in this debate. I do not know whether noble Lords listening are any clearer as to where we are going on this. I make it clear to the Committee that my first objective is to achieve something that is readily understandable to anybody reading this legislation. The Member’s explanatory statement refers to clarity. I was seeking to address this to, first, get clarity and then debate the substance.
I was also concerned that it is important to get discussions on the record. This is not an accusation, but I was not involved in any discussions outside this House. It occurs to me listening to the discussion that it will also be important that guidance or explanations about how this new regime is to work are written in kindergarten language and available to the public.
Perhaps I might again reassure the noble Baroness. What I have said, from this Dispatch Box, is that guidance from both the Home Office and downstream will be put out once the Security Industry Authority is established, and that it will be subject to discussion in this House. I hope that will achieve the noble Baroness’s objective.
I hope that anything that is put out does not need that much discussion in terms of clarity and whether the plain English campaign is satisfied and so on. I am not going to seek to take this further today, but I come back to it as one of the central political points about legislation being clear to those who have to operate it and who are affected by it. Having said that, I beg leave to withdraw the amendment.
(6 days, 12 hours ago)
Lords ChamberI am glad that the noble Lord, Lord Sandhurst, will not pursue his amendment. As noble, and noble and learned, Lords will have understood, my question to him was a coded form of opposition. He said “It doesn’t matter that there’s no precedent”, but I think that it matters very much.
On my Amendment 24, I hope it is appropriate to summarise the Minister’s response as saying that there are two conditions for subsection (6) to apply: practicality and reasonableness. He is nodding—I say that so that we will get it into Hansard, because it answers the question raised by the independent reviewer. If we need to come back for any clarity, or if I am misconstruing him, perhaps there will be an opportunity.
I am grateful to the noble Baroness for allowing me to intervene. I gave the words “reasonable” and “practical”; they are the tenors on which the legislation would be interpreted.
(6 days, 12 hours ago)
Lords ChamberI am grateful to the noble Baroness, Lady Hamwee, for Amendment 37. I hope I can reassure her that the Security Industry Authority already has robust safeguards and processes in place for discharging its duties under the Private Security Industry Act 2001, which ensure that it is therefore compliant with data protection legislation. The Government’s clear expectation is that the SIA will apply the existing safeguards that it has under the 2001 Act when implementing its new regulatory functions under this Bill.
Furthermore, as an arm’s-length body, the SIA must ensure that any disclosures of information under the Bill do not contravene data protection legislation, including the Data Protection Act 2018, or the prohibitions in the Investigatory Powers Act 2016. The regulator will be able to share information only in accordance with the parameters in the Bill—shortly to be an Act —and other applicable legal requirements, such as those under data protection legislation as a whole. I hope that those three bits of legislation—the Private Security Industry Act, the Data Protection Act and the Investigatory Powers Act—give the noble Baroness the assurances that she seeks.
My Lords, I am not sure that I am reassured, because I do not understand how opposing points can be taken into account. If it is data protection legislation that governs—if that is what prevails—why do we need this subsection at all? I have not looked at the Private Security Industry Act to which the Minister referred, so I will certainly look at that and at what he has just said. I do not want to be difficult; I just want to get an understanding so that everybody understands it, not just me.
Would it help the noble Baroness if I ensure that I write her a letter between now and Report, which will be announced shortly, so that she has clarity on her concerns? To save her having to look it up, I will also send her the relevant section of the Private Security Industry Act 2001.
Sending me the reference will do; computers are wonderful—mostly. I am grateful for that. I beg leave to withdraw the amendment.
(1 week, 6 days ago)
Lords ChamberI am grateful to the noble and learned Lord. I have tried to impress on the Committee that we think that the type of circumstance that the noble and learned Lord has suggested is covered by the Bill. I will obviously examine Hansard and the contributions again in the light of the discussion, but I remain convinced that the Bill meets the needs that the noble and learned Lord is concerned about. However, reflection is always a good thing and I will certainly examine his comments in detail.
I had a sense of a looming intervention from the noble Lord, Lord Carlile, before I sit down, but I am obviously just generally nervous of his potential interventions coming my way.
I hope I have satisfied noble Lords and the noble Baronesses, Lady Hamwee and Lady Suttie. With that, I hope that the amendments are not pressed. I will look at Hansard and at the comments made.
My Lords, I will not try to answer any points about Amendment 20. The noble and learned Lord, Lord Hope, mentioned it but did not really emphasise whether his amendment, or a similar amendment referring to temporary structures, would do any harm in this context. I do not think it would, but it is a discussion that we should have.
The Minister is quite right to be wary of any body language demonstrated by the noble Lord sitting immediately opposite me—you never know what is coming.
The noble and learned Lord, Lord Hope, has made his case and I have made mine. His words are always worthy of examination, and that I will do.
(2 weeks, 4 days ago)
Lords ChamberTo ask His Majesty’s Government what plans they have to process the outstanding asylum applications of Syrians in the UK.
Following the fall of the Assad regime, the Home Office has withdrawn the country policy and information notes guidance for Syria and temporarily paused interviews and decisions on Syrian asylum claims. This was and remains a necessary step which several other European countries have also taken. The pause is under constant review. When there is a clear basis on which to make decisions, we will resume.
My Lords, the Minister will understand that, for asylum seekers and refugees, uncertainty exacerbates the problems that they have in any event. Will the Home Office consider processing claims that are not based on persecution from the Assad regime? Can the Minister give the House any information on whether the pause applies to Syrians applying for settlement, having been here for five years, and with their initial leave expiring?
On the latter question, everything is paused at the moment for the simple reason that we do not yet understand what has happened in Syria on a permanent basis or know how stable Syria is as a whole. For those who have applied and for those who have had their leave to remain agreed, those issues are paused. As for the first part of the noble Baroness’s question, although there is a strong case to say that those who came here prior to the fall of the Assad regime were fleeing the Assad regime, we still have to examine all the circumstances pending the resolution of what happened in Syria prior to Christmas.
(4 weeks, 2 days ago)
Lords ChamberBruiser? Moi? Surely not. I will at some point potentially bruise the noble Lord once again, but today I am trying to find the sensible middle way.
Let me say to the noble Lord, Lord Murray, that I have already recognised that there are issues with the numbers. When he intervened at Second Reading and asked the noble Baroness, Lady Hamwee, about the numbers, there was a potential vacuum for an assessment of what those numbers would be. Again, any sensible Government would have to take those matters into account, which, to answer the noble Lord, Lord Jackson, is why I indicated at Second Reading that we had concerns about the additional numbers, the assessments of those numbers and the criteria for granting them. As I said then and reiterate today, there are legal reasonable routes for other family members to join after a proper assessment. Without repeating it all today, I referenced that very strongly in the debate at Second Reading.
The government response today is that I wish the amendments to be withdrawn. But that is a matter for noble Lords. As we progress, in Committee, on Report, at Third Reading and when the Bill goes to the House of Commons, we as a Government will, in between, reflect on these matters.
I hope that is clear, even if it is slightly in the middle. Maybe in the middle is not such a bad place to be. That is my view on the amendments and on the Bill. I can add nothing more than that today than to allow the noble Baroness, Lady Hamwee, to respond to amendments that were designed—as appears to be the condition of current Opposition Members—not to help clarity, were perhaps for a little further discussion or perhaps a little obfuscation. Ultimately, the House will determine these matters in due course.
My Lords, I declare an interest as a trustee of the Schwab and Westheimer Trust, which supports young asylum seekers in education. I thank the noble Lord, Lord Jackson, for his compliments about persistence. The compliments should be directed at previous Home Office Ministers, who waived the Bill’s predecessors through to the Commons in a very similar form and did not seek to obstruct them. I applaud the Minister’s elegant negotiation of a tightrope. As he says, there can be further opportunities for discussion, and of course sending the Bill to the Commons gives those opportunities.
I apologise to the noble Lord, Lord Murray. I certainly had not intended a discourtesy. There was not a vacuum as regards the numbers; it was my inability immediately to find the briefing we received from the Red Cross, Safe Passage and the Refugee Council, which was sent to those who had their names down to speak at Second Reading. Had I realised that he wanted to pursue that point, I would of course have handed on my copy of the briefing. That briefing included a number of other issues.
I will make a few general points that are relevant to all the amendments in this group. The Bill is to put into statutory form provisions for family reunion that are currently in the rules, because statute is more stable than rules. We are adding siblings, for reasons that we will come to, and provide for children to sponsor family members, including parents, whom they cannot currently sponsor. The cost of supporting unaccompanied children is obviously high. My view is that reuniting families would lead to savings: parents would support their children.
We want to see more safe and legal routes. Currently, those routes are quite limited. The provisions we are proposing would create a safe and legal route, subject to a visa. Applications for visas are much easier to control, oversee and assess than people arriving on our shores in an irregular fashion. Of course, children—particularly those who are alone—are in a particular position. That is why we have had a lot of support from outside the House, with many mentions of the best interests of the child. Vulnerability to trafficking and exploitation has already been mentioned.
The incompatibility of some of the amendments with many of the current rules has been mentioned. The current position is that the Secretary of State can extend or restrict eligibility through changes to the rules, so the factual position remains the same. Amendment 19 is slightly tighter than the current position, in that it suggests criteria.
I will have to keep my remarks shorter than I would like, and I hope noble Lords will understand the slightly telegraphic nature of some of what I have to say. First, making the Bill not permissive denies the whole Bill. I thought the “may” and “must” point was linked with the proviso in Amendment 5, which I had assumed was the main point. The noble Lord, Lord Murray, shows concern for services integration, which was not much of a focus for the previous Government. It is hugely important, and I encourage him to keep on urging both investment and support for the organisations involved, and to pursue the recommendations of the Woolf commission. But the conditions he sets out do not apply to grants of family reunion now.
We on these Benches are no great fans of the IMA; I hope that we will see the current Government get rid of it. The previous Government of the noble Lord, Lord Murray, consulted on a cap under the IMA, but did not include family reunion in the proposals for that cap. They listed routes to be subject to the cap and referred to other safe and legal routes.
(1 month, 4 weeks ago)
Lords ChamberMy Lords, from these Benches we welcome the Statement, although I do wish that these Statements were not always headed as being about border security. It is about much more than security. In particular, we welcome the collaborative approach, which we see as essential to international issues.
The Statement mentions Syria. I appreciate that the Statement is not really about Syria but as it is in here, let me take the opportunity to ask—although I think I can anticipate the answer—whether the Government are yet seeing any impact either of Syrians in this country who are now wanting to go back to the Middle East or any new wave of asylum seekers coming from Syria.
The Statement refers to wider crimes. We know that organised crime covers a wide area and that these things are all related. It lists violence, exploitation, money laundering and drug trafficking. I am sure that the Government see that people trafficking and illegal working are all part of the picture—but I would be glad of the confirmation.
The noble Lord, Lord Davies, talked about higher penalties. It is the same with policing. It is catching people, rather than the penalties, which is the deterrent. Given his background, I would be surprised if he disagreed with that. The Statement also refers to legislation identified by the Germans as being needed to add to their measures. Have the UK Government identified any need for further legislation here? I hope not, because legislation is often referred to as being the solution when so often it is action that is needed.
Finally, I express one major reservation. Safe and legal routes are not mentioned. Were they part of the discussions between the international parties?
I am grateful for those contributions from His Majesty’s loyal Opposition and the Liberal Democrat Benches. I have set out to the House on numerous occasions the record of the previous Government, and I shall not take the House’s time today to repeat that record, except to say that, since 4 July, this Government have had to take significant steps, which I will now outline, to tackle the backlog of problems left by the previous Government’s small boats initiatives, the failure to tackle asylum processing effectively and the use of hotels, which has gone from zero in 2019 to 200 hotels in 2024. I will not go on the record too much because I have covered that area before and, if provoked, will undoubtedly do so again.
I hoped that the noble Lord, Lord Davies, would have shown a little more enthusiasm and welcome for the steps that the Government outlined in this Statement. We have, for the very first time, secured agreement with Germany, France, Belgium and the Netherlands to take action on a number of key issues. Those key issues reflect what the noble Baroness, Lady Hamwee, said. For the first time ever, the Germans have agreed to look at their own domestic legislation to allow for criminal exchanges of a range of issues with the UK Government, because the UK is not a member of Schengen and current German legislation does not allow the Germans to do anything outside the Schengen area. They are now looking at that, and there is a commitment, I suspect, from all political parties, because Germany faces an almost certain election in February, to continue that process as a whole.
The joint action plan on irregular migration, which was concluded last week, includes international co-operation, intelligence sharing and the use of the Europol system, of which we are now no longer technically part because of the decisions on Brexit. Therefore, we have strengthened information sharing, strengthened co-operation and a strengthened commitment from the five key partners that face the channel, plus Germany, to tackle this issue. That is a good thing that will help lead to people smugglers thinking twice about smuggling individuals or facing the consequences accordingly. The clarification in German law will facilitate migrant smuggling to the UK and Germany becoming a criminal offence. That is in addition to the measures that we have taken using money saved from the appalling, wasteful, useless Rwanda scheme that the noble Lord supported. That scheme has now been scrapped; the £700 million has been put into areas such as £150 million towards a new border command, which legislation will establish on a legal footing in the new year. Those are real, manifest issues.
The noble Lord gives me one of his very pleasant, helpful, wry smiles. But he knows, deep down, that the record of his Government was one that he would not really hold up to scrutiny; and that the things we are doing are positive measures that will remove the criminal gangs and take action against them. There is a whole range of other things that we will look at in due course. He may smile at this again, but he needs to know that 1,000 more staff have gone into enforcement and returns because of the savings made on the Rwanda scheme, and therefore people who are here and have had their asylum claims refused, or who are here illegally, are now being returned. Enforcement returns are 19% up and voluntary returns are 14% up, and that is because we have shifted resources from the useless, wasteful Rwanda scheme, which did not return people or act as a deterrent, to a productive, forceful scheme that forces returns and is putting in place a border command. He used some of my lines back at me; we will be judged on how this scheme operates. Let us leave it at that, for the moment, for this noble House and for the noble Lord, because we will return to those matters in due course.
I just want to cover any other points that he made. There is a G7 plan, which includes Italy and other countries, that is looking at crossings from the Mediterranean. I think it will have an impact; he does not. Time will tell, and we will debate this continually in the future.
The noble Baroness, Lady Hamwee, began with Syria. Everybody internationally, with the possible exception—or definite exception—of President Putin and the Assad regime itself, welcomes the fall of the Assad regime, but it has raised some complications. We do not yet know how the new regime is going to operate; we do not yet know whether Syrians in the United Kingdom will feel safe to return to Syria; we do not yet know whether people will flee from Syria and make legitimate asylum claims. That is all under consideration. I cannot give her any assurances yet. She knows that we have paused the asylum scheme on Syria for that reason. I hope that we will be able to give some further news on that in the new year when, I hope, things have settled a bit more in Syria.
The noble Baroness mentioned people trafficking; I say that, yes, that is a crime we wish to crack down on. I mentioned the Schengen agreement, which is the piece of legislation we got an agreement on with the German authorities today.
The noble Baroness mentioned safe and legal routes, which are extremely important. She may not have seen it in the Statement, but it is a key part of government policy to ensure that people who need asylum can make those claims. If they are legitimate in this country, they can be processed quickly; if they are processed quickly, we can make some determinations that mean that we do not have to rely on the 200 hotels that the previous Government put in place, costing us millions of pounds each day; and, if there are safe and legal routes and people are agreed, they can integrate into UK society as asylum seekers who have sought, claimed and got asylum. The downside of that also remains: if people do not have a right to live in the United Kingdom and their asylum claims fail, we have to find mechanisms to remove them.
I hope that, overall, the House can welcome this as a positive Statement. I look forward to reaching out with a hand of friendship to the noble Lord, Lord Davies, to say that I hope that we can have some co-operation on these matters. We potentially share the same objective; we have simply had different means of getting there.
(2 months ago)
Lords ChamberThe noble Viscount makes an extremely important point. The Government have put in place an £11 million fund to support humanitarian aid. The Foreign Secretary has met his Turkish and Emirati counterparts and the UN special envoy, and he will look at those issues in due course. With due respect to the noble Viscount and others, if we were talking this time last week we would not have expected to be where we are now. Things are moving very speedily, but the Government are cognisant of the fact that they need to help secure the stability of a new regime and, at the same time, examine the consequences of that regime change in a way that encourages peace in the region.
My Lords, I will pursue the point about casework. Does the Minister agree that there is a balance between speed, accuracy and the application of all the humanitarian factors that one needs to keep in mind? Thinking about what it must be like to deal with the applications, I have only admiration for those who work on them. I do not expect the Minister to be able to answer this, but I wonder whether the Home Office is providing enough support for supervision, as well as general support for those faced with the applications.
I also want to mention asylum hotels, which the Minister mentioned. I hear an increasing call for support for people living in asylum hotels—more than just accommodation. Perhaps the Home Office can bear this in mind in its contracting of accommodation, because asylum seekers need more than just a roof over their head.
Finally, I will no doubt be showing my ignorance, but perhaps I could ask a question on the Statement. We are told that illegal working visits are up 34%. What are illegal working visits?
First, on that point, legislation was passed in 2014 by the then Conservative Government, which the then Labour Opposition supported. I was the shadow Minister. It was to ensure that we crack down on illegal working in a range of establishments, for two reasons. First, individuals who are here illegally should not be exploited by unscrupulous employers. Secondly, in employing people illegally, those unscrupulous employers are undercutting the ability to pay decent wages and give decent conditions of service to people who work legally, while undercutting the costs of other businesses. Therefore, it is not appropriate. The Government are trying to up that, building on the legislation that was passed. I hope that I have noble Lords’ support in this. We are also looking at building on that legislation to ensure that we can take further steps accordingly.
The noble Baroness also mentions two aspects. One is asylum hotels. This is difficult, but it is the Government’s intention to end the use of asylum hotels at an early opportunity. We will be progressing that. At the moment, give or take one or two hotels, we are at the same number that the Government had in July, but we are aiming to reduce that significantly, because it is a cost to the taxpayer and, as the noble Baroness says, it is not conducive to the good health and well-being of those people who are in our care for that period of time. Again, that is a long-term objective. On her first point, we are trying to speed up the asylum system in an accurate way to ensure that asylum claims are assessed quickly. Then, where they are approved, individuals can have asylum, and, where they are not approved and people have no right of abode, they can be removed. At the moment, that system has no energy in it, to the extent that we want it to have. We are trying to put some energy into that system.
(5 months, 2 weeks ago)
Lords ChamberMy noble friend misinterprets me: I mean the years 2019 and 2020, when our exit from the European Union was completed—I was right in the first place.
In doing that, a gap was left. I give credit to the last Government for recognising that gap. They introduced I-LEAP, which has had 20 million searches and given 79,000 law enforcement users access to real-time data. Some 46 forces are now involved in that, and, with my support, the programme will move on to phase 2. What we need to do is look at a European-wide security agreement, which my right honourable friend the Prime Minister will do as a matter of urgency.
My Lords, the Minister has already answered the question that I planned to ask—and positively, which is encouraging. Instead, I will ask for his assurance that Border Security Command will have access to the new system—now and as it goes forward—given that smuggling and trafficking is rightly high on the Government’s agenda.
I can give the noble Baroness the assurance that the Government are committed to undertaking that action. Phase 1 included 46 forces, in Scotland, Northern Ireland and England. We are looking to expand that, so that we can have real-time data—and, in future, real-time assessments of mutual sharing—to attack the real issues that matter to the people we serve: people trafficking, drug smuggling and terrorism, and a whole range of other criminal activity. That is the most important thing, and I hope that there is cross-party support in this House for the actions that the Government will take.