Immigration Bill

Debate between Baroness Hamwee and Lord Ramsbotham

Tuesday 15th March 2016 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I support my noble friend Lord Roberts of Llandudno, who reminds us of the moral obligations that we have to a child or someone who is not quite a child any longer in the eyes of the law, when in effect the state has been that child’s parent up to the age of 18.

I am glad that the right reverend Prelate went ahead of me, as he said much of what needs to be said. I find the “deport first, appeal later” policy—as it has come to be called—difficult to tackle because I dislike the whole thing so much and am very frustrated that we have to approach it crab-wise because of it being a manifesto commitment. However, this does not at all detract from the importance of recognising how children’s interests can properly be dealt with in the way that this amendment seeks to do.

The right reverend Prelate said that he was concerned about the Government’s Amendment 145. However, I oppose Amendment 145, as by saying that Section 55 applies, all it does is put in doubt the application of Section 55 in other circumstances unless it is said that Section 55 applies. That is nonsense. The noble and learned Lord will appreciate that that cannot be what is meant and I hope he will appreciate that there is a danger, however good the Government’s intentions, in trying to confirm the application of Section 55 to us in this way, although I do not wish to be bought off by that.

I think the right reverend Prelate said that the child’s “voice” needs be heard. That struck me very much in the helpful briefing from the Refugee Children’s Consortium, in which it says:

“Crucially, there is … no mechanism by which children’s own views are systematically”—

the word systematically is probably important—

“considered by the Home Office”.

I appreciate that the Minister is bound not to be able to accept this from the Dispatch Box, but the consortium has told us that,

“best interests assessments are rarely conducted in any meaningful way, if at all. The Home Office routinely takes as their start and end point that the children’s best interests are met by being with both parents. They rarely, if ever, consider the child’s current circumstances, their likely future circumstances, the child’s own views”—

as I said—

“the parents’ likely circumstances on return and how they will impact on the child before making a decision”.

It also tells us:

“There is also no evidence that the Home Office proactively seek to find out whether any of the children within a family liable for removal might have a right to British citizenship”.

For all those reasons, and the four pages of briefing which Ministers can see me dangling, I very much support Amendment 114.

I have some amendments in this group in my name and that of my noble friend Lord Paddick. Amendments 113A and 114A deal with the position if, having been deported, an appeal is successful. The individual will have been made to leave the UK only temporarily, as it will turn out, against his or her wishes. I understand that there is guidance in connection with deportation that consideration must be given to the Home Office paying for the journey back. I would say in parenthesis that regard must be had to the quality of the Home Office decision. I do not know whether the noble and learned Lord can tell the House how the quality is assessed: is it a matter of comments made by the tribunal? It also occurs to me that if an appellant is not legally represented, will he know whether to raise the issue of payment for return to this country? In any event, my amendments are not about deportation, they are about administrative removal. If the administrative removal is wrong, the Administration should bear the costs of return to the UK.

Amendment 113B would prevent the certification of cases of persons with the characteristics specified in the amendment, so that such a person could not be required to leave the UK while the appeal was pending. The Minister will recognise how that aligns with cases of people who are vulnerable—if not “particularly” vulnerable, to use the word in Amendment 86. They are children, care leavers, persons with mental illness or learning disabilities, people who have been trafficked or enslaved, people who have claims based on domestic violence or are overseas domestic workers. For reasons which we spent some time on when debating the previous group of amendments, Ministers will understand our concern to pay particular attention to the need not to expose people who have such characteristics to the possibility of further damage.

[Lord Ramsbotham (CB)]

My Lords, I have added my name to Amendment 114 for two reasons. Proposed new subsections (4) to (6) seem to reflect all the experience of the practitioners on the ground with whom I have been in contact, but I was particularly keen on proposed new subsection (7), because the need for a written plan for the child resonates with the education, health and care plans which the Department of Health and the Department for Education require to be prepared for every child with speech, language and communication needs or special educational needs. So such a plan is already part of the structure for children in the United Kingdom.

I was particularly struck by a visit to a secure children’s home called Orchard Lodge, sadly now closed down, which was then run by Southwark council and provided particular help for traumatised children with mental health problems, many of whom were the very people covered by these amendments. They were immigration and asylum seekers who had suffered extraordinary trauma during the conditions that brought them to this country, and they needed help—but that help needed to be structured, co-ordinated and planned. Therefore, I particularly support the amendment tabled by the right reverend Prelate the Bishop of Norwich and hope very much that, in accepting it, which I hope that the Minister feels able to do, he will reflect on the model for the plans that he calls for.

Immigration Bill

Debate between Baroness Hamwee and Lord Ramsbotham

Wednesday 3rd February 2016 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, from these Benches we support Amendment 227 and the opposition to Clause 34 standing part of the Bill. I will not speak to Clause 35.

The right reverend Prelate has just mentioned legal work provided pro bono. I would like to take this opportunity of echoing a comment made by the noble Lord, Lord Faulks, from the Dispatch Box the other day when he repeated an Answer to a Question on legal aid. He said that there are a lot of legal firms which are not “ambulance chasers”. Those firms do terrific work in very difficult circumstances, and many of them are engaged in this sort of work.

The noble Baroness, Lady Lister, referred to comments on the last Bill from the Joint Committee on Human Rights. The committee, of which I am a member, has drawn the attention of the House again to particular difficulties which might be faced by appellants if a non-suspensive appeals regime is extended in circumstances in which judicial review is the only means of challenge. This could mean that families with meritorious Article 8 claims are subjected to extensive separation. I think that she also referred to the report of the Constitution Committee, which commented among other things—there were two or three pages on this—on the practical extent to which legal aid is perhaps not likely to be available in respect of judicial review challenges to certification decisions.

We use the term, “Deport first, appeal later”, but of course it is not quite that. It is “Be deported and appeal later”, or deport first and then be appealed against in a situation in which the appellant can apply only in a way that the Court of Appeal and the Solicitor-General have acknowledged is less advantageous—that is the term used in the court. The noble Lord, Lord Rosser, referred to this and it is certainly less advantageous for the appellant or potential appellant. There is difficulty in paying for legal representation and liaising from abroad with legal representatives—if you can find any who can help in the circumstances—difficulty in obtaining, submitting and giving evidence, and difficulty for the tribunal in assessing evidence.

The human rights memorandum published by the Home Office said that,

“there is no intention to apply this power to cases relying on Article 2 and 3 rights”,

and that,

“case law … makes plain that where there is an arguable Article 8 claim, there needs to be the effective possibility of challenging the removal decision”.

If Clause 34 has to remain, it would be good if it could somehow refer to what is in that ancillary documentation.

It struck me during discussions about this how difficult it is to certify a negative. It is almost as difficult as proving a positive. The Secretary of State has to certify a claim, as we have heard, if she considers, first, that removal is not unlawful and, secondly, that the appellant would not face a real risk of irreversible harm. I am sure that the Minister will, as the noble Lord said, refer to the recent Court of Appeal case which ruled that the regime was lawful. However, that was in the context of deportation, and the fact that it was lawful does not make it right.

There is no equality of arms and a perversity about this. As the Law Society has pointed out,

“the spouse of a national of any EEA”—

European Economic Area—

“member except the UK would retain a full in-country right of appeal … whereas the spouse of a UK national”—

not the spouse of any national of any other EEA member—

“would have to leave the country”.

[Lord Ramsbotham (CB)]

My Lords, I am proud to be British and was both proud and privileged to serve for nearly 41 years in the British Army. But I have to admit that I am not proud of much of the thrust of this Bill, which seems to be based on the assumption that every would-be immigrant or asylum seeker is illegal, and should be treated as such. That is akin to regarding everyone awarded a prison sentence as being a combination of mass murderer, armed robber, rapist, arsonist and paedophile, and treating them accordingly. The vast majority of would-be immigrants and asylum seekers are legal, which should be the default thrust of any regulatory legislation.

On 12 July 1910, the then Home Secretary, the 36 year-old Winston Churchill, winding up a debate on prison estimates, said that the way in which any country treated crime and criminals was the true test of its civilisation. He could well have added immigrants and asylum seekers. On Monday night, I heard the noble and learned Lord, Lord Keen of Elie, read from his brief an assertion that:

“The Government already have a raft of guidance and standards in place for ensuring that the regimes in detention centres operate at appropriate levels and in the interests of the welfare of detainees”.—[Official Report, 1/1/16; col.1696.]

In view of my experiences while inspecting them, I thought of Churchill and was completely flabbergasted. Has no one in the Home Office paid the slightest bit of attention to inspection report after inspection report, which point out that what the Minister described as,

“a raft of guidance and standards”,

is not subject to any meaningful oversight? For “appropriate”, he should have said “'wholly unsatisfactory”. So stunned was I that I totally failed to ask the Minister what the word appropriate meant, and who in the Home Office was responsible and accountable for allegedly ensuring the operation of such regimes, and whether their reports could be made available to noble Lords.

That was bad enough. But Clause 34 is so far outside the rule of law, let alone what decent people regard as civilised, that I am ashamed to think that anyone British was responsible for the concept, let alone its inclusion in the Bill. I know that the Court of Appeal has ruled that the imposition under the Immigration Act 2014 of out-of-country appeals in deportation cases is legal, but such appellants have committed serious crimes and received substantial prison sentences before being deported. How can any Home Office Minister seriously bring forward so draconian a proposal for those whose presence in the United Kingdom is entirely legal knowing that, currently, 61% of immigration appeals are either allowed, remitted for the Home Office to retake its decision or acknowledged by the Home Office to be flawed before a hearing? This means that 61% of those whom Ministers intend to force to make their appeal from abroad will have legal grounds for compensation, which is bound to add up to more than the cost of continuing to do the decent and civilised thing.

Included in the 61%, as the Solicitor-General acknowledged to the Committee and the other place, is an appeal success rate of 42%, which the latest figures from the Asylum Support Tribunal show to have risen to 44%. On what grounds do the Government think their proposal to force legal, as well as illegal, potential appellants to leave the United Kingdom before appealing against such appalling and proven faulty decision-taking is justified, appropriate and civilised?

Immigration Bill

Debate between Baroness Hamwee and Lord Ramsbotham

Monday 1st February 2016 Lords Chamber

[Baroness Hamwee]

I suspect that the noble Lord may be coming towards a halt, if not to the end of the issue. It occurs to me that I do not think that any of us asked about the Home Office’s internal review on this subject, which we heard about in previous debates.

[Lord Ramsbotham]

I think I asked.

[Baroness Hamwee]

Well, I do not think the question was answered. Has the Minister any news about that? I appreciate that we are taking a long time on this, but the size and substance of the issue justifies it.

Psychoactive Substances Bill [HL]

Debate between Baroness Hamwee and Lord Ramsbotham

Tuesday 26th January 2016 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the situation described by the Minister is very serious and seems to lead directly to issues of prison reform—drugs being one of the considerations—but one would want to look at far wider causes than how concerns about prison manifest themselves in this issue. I wondered what ingenuity might be applied to introduce the issue of poppers, since it would be quite difficult to provide an amendment to the government amendments to deal with that, so I congratulate the noble Lord, Lord Rosser, on finding a way to introduce the subject.

We, of course, will not oppose these amendments, but I must say that we will now have possession of a controlled drug being an offence, possession of a new psychoactive substance not being an offence, but possession of a new psychoactive substance in prison being an offence. In our view, that is too muddled but, of course, at earlier stages of this Bill we were calling for a widespread health-based review of all drugs laws, so I am sure that the Minister will not be entirely surprised that I make that comment.

[Lord Ramsbotham (CB)]

My Lords, I warmly endorse all that the noble Lord, Lord Rosser, has said. One aspect of Amendment 9 that the Minister mentioned was that a number of improvements were being made in prisons to the detection of new psychoactive substances. I should like to refer particularly to a very powerful report published last month by the Chief Inspector of Prisons on the use of new psychoactive substances. He said:

“Drug misuse is a serious threat to the security of the prison system, the health of individual prisoners and the safety of prisoners and staff”,

but the new psychoactive substances are an even more serious offence and,

“are now the most serious threat to the safety and security of the prison system”.

Because dealing with the new psychoactive substances—searching for them and so on—was so patchy in the Prison Service, the Chief Inspector of Prisons recommended:

“The Prison Service should improve its response to current levels and types of drug misuse in prisons and ensure that its structures enable it to respond quickly and flexibly to the next trend”.

I will mention the next trend before I conclude. The chief inspector recommended:

“A national committee should be established, chaired by the Prisons Minister, with a membership of relevant operational experts from the public and private prison sectors, health services, law enforcement, substance misuse services and other relevant experts. The committee should be tasked to produce and publish an annual assessment of all aspects of drug use in prisons, based on all the available evidence and intelligence, and produce and keep under review a national prison drugs strategy”.

If that annual report was required, it would, of course, cover the possession mentioned in the amendment that we are discussing, but I am particularly concerned that, in briefing the cross-party group on criminal justice, drugs and alcohol that I chair, the chief inspector mentioned the next trend causing him and his inspectors even more worry, which was the introduction of powdered alcohol. Therefore, we must have a system in place that monitors trends as well as current practices. I ask the Minister: what is happening about the establishment of such a national committee?

Immigration Bill

Debate between Baroness Hamwee and Lord Ramsbotham

Monday 3rd March 2014 Lords Chamber

[Lord Ramsbotham]

Following what the most reverend Primate said, perhaps I may say how pleased I was to hear the use of the word “better” just now in terms of oversight. I ask the Minister to accept that, hard- working though they may be, case workers have not been very good at their task and neither has there been oversight. If they had been and there had been oversight there would not have been this endless history of problems and complaints for years and years, which have been ignored. The time has come for that ignoring to stop. Therefore, I am relieved to hear mention of better oversight.

[Baroness Hamwee]

My Lords, the critique of what happens in practice from someone experienced as an inspector has clearly resonated around the House. We have already talked during the passage of the Bill—and I am sure we will talk again—about the importance of practice. Whatever is on paper, whether in the Bill or in regulations, is a precaution against bad practice, but it is the good practice that is important. Given the Minister’s assurances about coming back at the next stage, more formally we hope, with responses in the form of amendments to the comments of two committees, it would obviously be inappropriate for me to spend very long at this stage responding to the points that have been made. However, I will say that, like others, I read between the lines: three days does not seem very long in which to decide what to do about a decision that has been handed down and to make arrangements. But there we are.

The Minister suggested that my first amendment would reintroduce complexity. I was actually seeking to provide more clarity. When he referred to there being a provision somewhere else in the raft of immigration legislation that deals with notice in writing, I could not help thinking that consolidating all this legislation has defeated Government after Government, but it is something that is sorely needed.

I make one perhaps tiny point just to clear the undergrowth before the next stage. The noble Lord referred to Clause 67 of the Bill as providing for the negative procedure. I would have thought that it was the regulations and orders section in the 1999 Act—which actually takes us to the same point as it being negative—that would apply as Clause 1 is replacing a section of the 1999 Act. It would be helpful if before Report we could understand what the relevant provision is so that those of us who might be minded to suggest amendments know that we are proposing amendments to the correct section or clause. However, I am glad that we will have amendments on regulations which the Minister talks about as changing policy. Regulations set policy before it gets changed by subsequent regulations. That is what many of us are concerned with. I beg leave to withdraw Amendment 1.

--- Later in debate ---

[Baroness Hamwee]

My Lords, I welcome these amendments. There is frequently talk in this House, and rightly so, about caring for the interests of children, reference to Section 55, the paramountcy principle and so on—but sometimes it is easier to say it than to put it into practice. These amendments articulate the practice and are about more than just principle.

In 2009 I was refused a visit to Yarl’s Wood by the Home Office. I never discovered whether I was thought to be subversive or whether I was thought likely to be someone who might attempt to spring a detainee, but I have visited Cedars. Yes, it is for detention for the reasons we have heard, but it is also about caring for people and preparing them for return. Having seen the facilities there and talked about the work that goes on, I have to say that the Cedars centre is a great deal preferable to scooping up a child and putting them straight on a plane out of the country. The care that is given and the thought that goes into the preparation impressed me very much. When I was there, I asked about the boundary wire round the premises. Although it was quite inconspicuous, it seemed to give the feel of detention, and I had observed it going in. I was told that it was to keep out local troublemakers.

I have a number of questions. One is about allowing one parent to be returned within the 28-day period, which might mean that a family is split and a child is separated from one parent. Will my noble friend tell the House about the circumstances in which separation would occur? Secondly, subsection (2)(b) of proposed new Clause 78A talks about a single parent or a carer. Is a carer a local authority foster parent? What is a carer in this context?

As regards the family returns panel, will my noble friend give the Committee assurances about how its independence will be assured? Secondly, for reasons that I think will be obvious, will he give assurances about whether the individuals concerned will have a means of giving information or making representations to the family returns panel, or checking that the information that it receives from others is accurate? These are important provisions.

As regards unaccompanied children, other noble Lords may remember the very effective and impressive Member of this House who died some years ago, Baroness Faithfull—Lucy Faithfull. I recall her talking about meeting an unaccompanied child arriving from, I think, Somalia. She told the story of having gone to Heathrow to meet this child in a social work capacity with a bar of milk chocolate to give to the child as a present. This child had never encountered milk chocolate before and was really scared about what she was being asked to eat. That story has remained with me as an example of the cultural gulf that has to be crossed and the hard work needed in dealing with children who arrive here unaccompanied.

In what circumstances is this provision used and what change in policy does it indicate? We have had confirmation that multiple 24-hour periods will not be applied, but will my noble friend say something—I do not know whether I missed it—about monitoring the use of the provisions and publishing data on the number of occasions, the circumstances and the length of time an unaccompanied child is detained, and so on?

[Lord Ramsbotham]

My Lords, I, too, pay tribute to government Amendments 10, 14 and 15; 10 because of the Independent Family Returns Panel about which the noble Baroness, Lady Hamwee, spoke. I agree with the importance of independence. There is no doubt that the Independent Family Returns Panel has made marked improvements to the process since it was formed, and that it is very well led and well worth listening to. I commend the coalition on the determination with which it has pursued the detention of children. Having served on the advisory board early in 2010, soon after the election, I am glad to see this clause in the Bill.

Finally, I am very glad to see the place of detention at Cedars, and I commend Barnardo’s for the way that it has conducted the care of families who have been in that place.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Lord Ramsbotham

Monday 25th November 2013 Lords Chamber

[Baroness Hamwee]

My Lords, I will speak also to Amendments 22QYB, 22QYC and 22QYD.

Clause 50 states who may issue a community protection notice or a fixed penalty notice. Amendment 22QW queries whether paragraph (c) of Clause 50(1) is necessary. It provides that a community protection notice or fixed penalty notice may be issued by,

“a person designated by the relevant local authority”.

Paragraph (b) refers to the notices being issued by, “the relevant local authority”. The authority will have to designate a signatory because whatever it does must be done by someone acting in its name. Therefore, I am puzzled as to what paragraph (c) adds.

I have added my name to Amendment 22QY standing in the name of my noble friend Lord Greaves—he got there first—because my real objection concerns subsection (4) of Clause 50, which provides that only someone in a post,

“specified in an order made by the Secretary of State”,

can be designated. Surely, designation must be a matter for the local authority. Does the Secretary of State have to intervene at this level?

Amendments 22QYB and 22QYC probe whether all police community support officers have the relevant technical knowledge to deal with community protection notices. On previous Committee days we discussed some of the difficulties that may arise in using the existing statutory powers that environmental health officers have, for example, as opposed to using the new mechanisms provided in the Bill. A lot of technical knowledge needs to be applied in deciding whether an infringement has occurred, especially in respect of noise.

My last amendment in this group concerns serving a notice. A fixed penalty notice can be handed over to the individual or be delivered to that person’s address either by hand or by post. If it is to be delivered by post, I am concerned to know when it is deemed to have been issued. If it is issued when the notice is put in the post, it will reduce, by at least a day and possibly more, the time that the recipient of the notice has to pay. I have already said that I am concerned about how short that time is. I beg to move Amendment 22QW.

[Lord Ramsbotham (CB)]

My Lords, the point I am about to make has been made in connection with a great deal of other legislation and concerns the abilities of those with learning difficulties and disabilities to understand the content and implications of notices such as those we are discussing. It is important to ensure that the legislation includes reference to the provision of appropriate adults or advocates or whatever sources are used to make certain that the full implications are explained to those who may have such difficulties to avoid them getting into yet further trouble, completely inappropriately.