Nationality and Borders Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Horam (Con)]

I thank the noble Baroness, Lady Lister, for her leadership on this issue, the noble Baroness, Lady Whitaker, who has pursued this for many years, and Henry Smith in the other place, who has played a notable part as well. Indeed, I also thank my noble friend the Minister and the Government, who have pursued this and given way on quite an important principle and made a unique situation for the Chagossians in this country. I now hope that the Foreign Office takes the cue from the Home Office and deals with the real problem, which is giving the Chagos Islands back to Mauritius—that is the real issue. We only got four votes in the United Nations on this issue—with 150-odd against us. It is a lasting disgrace, and I hope that the Foreign Office, which is not normally behind the Home Office on these issues, takes the cue accordingly.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I take the rare step of agreeing completely with the noble Lord, Lord Horam, particularly in his praise for the noble Baroness, Lady Lister, who has worked so incredibly hard and has been so effective, as well as the Minister, who clearly smoothed the way for these changes. I will ask one question. One difference in the Commons amendment is that it does not state:

“No charge or fee may be imposed for registration under this section.”


So can the Minister tell me what fees or costs will be imposed on Chagos Islanders to rectify this injustice?

--- Later in debate ---

We have a duty, which has been embraced with an extraordinary fullness of compassion by the Poles and other nations in Europe, to make it as easy as possible for those who want to come here to do so. They do not want to be here for long. It is their desire to go back to Ukraine that motivates them. It is not a question of asking the Commons to think again, since they have not thought, but of asking them to think. If tonight we pass the amendment tabled by the noble Baroness, Lady Chakrabarti, we are saying, “Please, do consider, and also consider your country’s reputation and your Parliament’s reputation as an upholder of the rule of law, nationally and internationally.” If they send it back, we will have to think again, but for the moment, we have a duty to support Motion C1. I will certainly do so.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, there is a danger for a Green such as me in agreeing so strongly with two noble Lords from the opposite side of the Chamber—the noble Lords, Lord Cormack and Lord Horam—but it is not my fault; they have moved towards my position, just to be clear. The noble Lord, Lord Cormack, made a wonderful speech.

I disagree with the noble Lord, Lord Cormack, on the other place having treated this House with “disdain”. It is worse than that. It is contempt. It is real contempt that they have not read what we have done. I say to the Minister that here we have some incredible legal advice, from the noble Baroness, Lady Chakrabarti, the noble Lord, Lord Kerr, and the noble and learned Lords, Lord Judge and Lord Brown. It is free and it is good, so why are we not taking it? Why do the Government still resist that we are breaking the law if we allow the Bill to go through?

The brilliant Twitter lawyer, David Allen Green, often mocks the use of “for the avoidance of doubt”, because well-drafted text should not allow any doubt in the first place. However, the Government seem not to understand that this is what they are doing. They are opening an option for a lot of court cases, and they have slashed the amount of money that is going into the legal system anyway, so it will be very difficult to do those court cases. They are not just avoiding taking the advice of this House but allowing themselves to break the law. I do not understand why any Government would think like that.

If we are to comply with our duties and obligations to the refugee convention, we must vote for Motion C1.

[Lord Horam (Con)]

My Lords, perhaps I might offer a slightly different perspective. One of the difficulties that we have had with the Bill throughout is that we are considering things back to front. Normally, when there is policy proposal, you get a White Paper, then a period of consultation, then you come down to the details of the Bill when you can see in law what the proposals are and discuss them in detail. Here it is the opposite way round. We have a Bill, but we do not know what the policy is. Essentially, the Bill has come forward as an enabling Bill to allow the Government to address the issue of illegal crossings of the channel, so we are doing things the wrong way round. It is even worse than that; old hands here will remember the halcyon days when we had Green Papers, which proposed a certain progress of action. We would then have a White Paper setting out a government policy, and then we would have legislation. Here, we are doing it the wrong way round.

The reason is a fairly practical one, as I understand it. In this case, dealing with cross-channel migrants, we must deal with foreign Governments. We must have agreements, certainly with the French and possibly with the Belgians, Dutch and other countries that we want to deal with. That is the problem, and the practical reason why we are doing things the wrong way round.

It leads to a difficulty in that the Opposition rightly have questions which they want answers to, but the Government cannot answer the questions because they do not yet know what the policy will be. There is a package of measures, some of which we can imagine would work and some that would not work, but we do not know what those practical measures are. Equally, the Government have difficulties. They cannot answer some of the questions that are being put by the Opposition because they do not know what the policies are either. Certainly, we Back-Benchers are in darkness. There is a real problem there.

That has a bearing on the arguments which have taken place and which we cannot entirely resolve in this sort of debate. The noble Lord, Lord Kerr, made the point, which I think is the Opposition’s principal position, that the problem would be solved if we could open legal routes to all the refugees who wish to come to this country. The problem would be resolved that way if we had enough proper legal routes.

The Government’s position is clearly that this probably would not work, because even if you had large numbers of legal routes, if traffickers were still able to give the clear message to their victims that they could get into this country and could stay, work and have a life here, they would still be in business. That is a matter of practicality and judgment. Would having enough legal routes solve the problem? Remember that the traffickers deal not just with human beings but with drugs and all sorts of criminality. If they remained in business, doing business across the channel, you would still have this trade in human beings. That is the practical, judgmental issue at the bottom of this, and we do not know the answer because we do not know the package of measures that the Government will come forward with. We are looking only at the enabling legislation.

I fully accept the additional point that we must look at the effect on refugees of international law. I take the point made by the noble and learned Lord, Lord Brown, that there is a significant issue here. However, those who make that point must accept that the Government are equally sincere in thinking that there is an issue here on which they remain fully compliant with the 1951 convention. The noble Lord, Lord Wolfson of Tredegar, gave a very well-organised defence of the Government’s position, setting it out very clearly. I am not a lawyer so cannot comment on that. All I can do is accept the Government’s advice that they are compliant with the convention.

Finally, I agree with my noble friend Lord Cormack that there is a problem with the House of Commons considering these issues because of timetabling. This is a pervasive issue in the House of Commons. It has been there for years, and they have found no real solution to it. Just as we can go on for as long as we want and for as long as time and patience permit, they are timetabled for six hours or whatever it may be and, therefore, inevitably, immensely important and worthwhile issues such as this as compressed, very often into a few moments, with a ministerial response of a few minutes. This is wholly unacceptable. We have found no way round that, but we must deal with a situation as we have it. For example, in response to the point made by the noble Lord, Lord Kerr, the vote in the House of Commons was a majority of 98 against his proposal that there should be differentiation between group 1 and group 2—that decision to differentiate passed by a majority of 98 in the House of Commons.

That is a massive majority and reflects not just questions of law but the justified concern of the House of Commons about human trafficking across the channel. I am sure that we are all concerned about refugees not only from Ukraine but from other countries —everyone is concerned about that—but how we stop illicit human trafficking across the channel is a separate issue. Everybody is trying to do their best here; in some cases, the procedures that we have to adopt are very unsatisfactory but I hope that people accept that the Government are trying to do something that, in their judgment, is a practical answer. Even those who do not agree with them should understand that this is a matter of judgment. We will not know the full consequences for some time to come, until the Government’s policies are clear—but not to allow them to pursue their policy with the flexibility and elbow room that they need would in my view be a grave misjudgment.

Police, Crime, Sentencing and Courts Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments
Thursday 31st March 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to Amendments C1 and D1. As usual, I really enjoyed the contribution from the noble Lord, Lord Coaker, because he drew attention to the fact that the Bill is badly written. We knew that when it arrived, which is why it has had so many amendments here in your Lordships’ House. It is still badly written, and it is our duty not to let badly written Bills through. They lay themselves open to court cases and all sorts of potential miscarriages of justice. I personally think that the Government are holding this House in contempt, and that is why they produce so many badly written Bills. Because they have a huge majority in the other place, they can afford not to care about how the Bills are written or about their content.

The noble Lord, Lord Coaker, also said that he did not think the Government were trying to suppress protest. I do not agree with him there, because I think they are. Protests are expensive in terms of police time and clearing up afterwards. They are very disruptive and are almost always anti-Government, so why would the Government not try to suppress them? But they are necessary for free speech and a necessary part of our democratic process. I love demonstrations because they are a chance to meet people who agree with me, which is sometimes a rarity.

Not only is this Bill an assault on freedom of speech and democracy, it clearly should not be passed. It is badly written, and it has bad content. You cannot have a vague and wide-ranging definition of which protests are likely to be too noisy or disruptive. It will be a subjective judgment made by police officers with their own biases. Do not forget that: police officers are human beings as well, and they will have innate biases. As we have heard from the noble Lord, Lord Paddick, the police do not even want these powers anyway. Those of us who believe in clear laws that can be challenged in court do not want them either.

I have been elected five times—once to Southwark Council under first past the post and four times to the London Assembly under proportional representation—so I understand what it is to have a democratic mandate. I understand to some extent the Government’s point of view, who feel they have a big mandate and the right to push things through, but I also understand that this unelected Chamber has a mandate of another kind. Although I love being here, I am not happy about being part of an unelected Chamber; it offends me deeply and I would like it to be abolished so we have an elected Chamber. However, we have a mandate to look at legislation and improve it where we can. As other noble Lords have said, the Government are not listening to us; they do not take into account the expertise—I do not count myself among the experts—that we have here. They do not listen to us.

To protect civil liberties, we have to send this Bill back. I have been assured by a few who have been in this House for decades that ping-pong used to last much longer and that Bills got sent back again and again until this House was happy that legislation was expressed properly and clearly. We really should ask MPs to look at this again and think about whether this is good for democracy in this country. The noble Lord, Lord Cormack, said we should stop and look at it later. No: let us get it right now.

Police and Crime Commissioners: Budget

Baroness Jones of Moulsecoomb Excerpts

Monday 28th March 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I declare that I have met several PCCs during my long interest in policing. It is true that Conservatives have a propensity to cut—they cut figures, costs and budgets all the time. It is exactly what the Conservatives did back in 2010, which caused chaos in policing, because the budget was cut so savagely and so quickly. So perhaps this PCC did not get the memo that the Government are now recruiting.

[Baroness Williams of Trafford (Con)]

My Lords, I think all PCCs got the memo. The funding and the precept capability are there for police to not just get the numbers through the police uplift programme but to add to them through the precept, if they see fit in their area.

Daniel Morgan Independent Panel Report

Baroness Jones of Moulsecoomb Excerpts

Thursday 24th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I was not thinking so much about the warrant card in tracking, but if I get sacked as a Minister tomorrow because I have done so badly at this Statement, the minute I get sacked I can no longer get into the Home Office. I have been thinking of all sorts of practical solutions to this. I think it is a very serious question for the police to answer, given that there are 2,000 cards out there; it is not just 200, it is 2,000. I totally accept the noble Lord’s point about finding innovative solutions.

On the repeat vetting, the Government expect the College of Policing to consider the findings from this inspection and other relevant inquiries and then to update its guidance appropriately, as the noble Lord said. We will now consider next steps, following the wider vetting inspection being carried out by the inspectorate. We want to make clear that the Met must take immediate steps to safeguard its workforce and, as a result, the wider public.

On the noble Lord’s first point about whether there is any satisfaction in the Metropolitan Police about this report, it would take a strange person to find any satisfaction in this report.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, back in 2000, when I was first elected to the London Assembly, the then Mayor of London, Ken Livingstone, appointed me to the Metropolitan Police Authority under the chairmanship of the noble Lord, Lord Harris. At that point, the case of Daniel Morgan was a 13 year-old scandal, and now it is a 35 year-old scandal—and still no one has been arrested, charged or whatever. We ought, if only in Daniel Morgan’s memory, to try to create a situation where the police can be more respected.

I mention the vetting procedures, because obviously you need to vet new recruits extremely carefully and carry on vetting during the lifetime of police officers. But there is also the whole training issue: you have to train officers to be responsible and honest and to have a duty of candour, which was one of the recommendations. There has to be zero tolerance of the sort of misogyny, sexism and racism that we have seen repetitively over the past few years. On a final point, I do not trust the current commissioner to achieve these things, so the faster we get a new commissioner, the better.

[Baroness Williams of Trafford (Con)]

My Lords, I have touched on the new commissioner, and I expect that appointment to be very soon indeed. On the duty of candour, as the noble Baroness might have heard me say, last year we introduced a duty of co-operation, which is very strict in its application and can result in sanction or, indeed, sacking for those who do not abide by it.

Vetting has come up in every single instance when I have stood up to talk about the Metropolitan Police over the last few months. On the number, in 2018 there was a backlog of 16,000 people waiting to be vetted. That number is now 671, so in terms of throughput that is an encouraging figure. Forty files were reviewed by the inspectorate to see whether the checks recommended by the College of Policing, through its authorised professional practice on vetting, had been completed, and they had in every single case.

The noble Lord, Lord Paddick, talked about people working in more sensitive posts, and I think I gave a response to that. I have also talked about the ongoing work commissioned by the Home Secretary, and the work by Dame Elish and the noble Baroness, Lady Casey, which touches on the points that the noble Baroness talked about. That does not take away from the point that vetting comes up time and again, and it is clearly an area that needs to be investigated and addressed.

Police, Crime, Sentencing and Courts Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments & Lords Hansard - Part 2
Tuesday 22nd March 2022 Lords Chamber

However, I go back to what for us is a point of principle; that is, the noise provisions. They are unworkable, will not be used and are simply a step too far for any Government to take. I say again that I do not believe that the Government are against protest; I do not believe that they want to ban that sort of peaceful protest activity. However, as a matter of common sense, to say that a demonstration can be stopped because it will be too noisy is nonsensical in practice and impossible to put into legalese which will work. From the contorted efforts of the Government to appease people like me and many others across this House, we can see the problems they get into with respect to their own definitions in their amendments. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to my two Motions F1 and H1. I am sure it is no surprise that Green Party policy is a bit more radical than that of other parties—there is a lot of grumbling behind me; I hope it is support, not criticism—and is firmly against crackdowns on protest and the oppressive measures in the Bill against the Gypsy, Roma and Traveller communities. Personally, I would throw the Bill out; if they were any chance of filibustering it, I would stay here for several days in a row. However, that is not looking likely so, as the noble Lord, Lord Coaker, said, I accept what is happening today but with very bad grace, and I shall probably sit here snarling when we let this through. Incidentally, I am so glad that I am not on the other side of the Chamber with him shouting at me; that must be very distressing. It is great being here behind him.

I think the vast majority of the British public—I would like to think that sometimes I speak for them—agree that a potential ban on noisy protest is ridiculous, and of course we have heard some of the more ridiculous things that the Government have said already. I quite often feel sorry for their Front Bench, who have to come out and speak in favour of some of the stuff that this Government cook up which is clearly ridiculous.

Some of the Bill’s measures will make things more difficult for the police. They already have reputational problems with the general public, and this is going to make it worse for them; if they get tired or annoyed then they are likely to do something that will upset a lot of people, and cases will come to court. That is not good for anyone.

I have noticed a tendency to talk about protesters as if they are not people. My experience of protest, which is probably similar to that of some other noble Lords here, is that protesters are people. You might think they are all hippies and people like that, but they are not; some of them are ratepayers. Some of them earn a living and pay their taxes. People do not approve of crackdowns on protest because there are times when they themselves want to protest. They want to protest about a crossing that is in the wrong place on their own road or to complain about cars idling outside their children’s school. People protest. It is all very well to call them “protesters” but actually they are just people.

On the obstruction of the highway, I do not like the Commons amendment. I am not persuaded by the fact that there was a huge majority in the other place supporting the Government on it, because what else can you expect with an 80-plus majority? I do not like the original Lords amendment either because I think it was an absolute blunder. Obstructing the highway should not land anyone in prison for a year. There is a point here about how you can still be put into prison for a year even if the roads have already been closed by a traffic authority. When roads in Sheffield, sometimes quite minor ones, were closed for trees to be cut down, local people who were furious about that and were doing their best to stop it protested on those closed roads. Under the Bill, they could have faced up to 51 weeks in prison for protesting on their own road to try to protect their own trees. Peaceful protesters should never face jail. The original amendment was bad and the compromise is also bad.

We had the opportunity to throw this out completely but, sadly, the usual channels made it impossible to do so. If I thought I could convince enough people like the noble Lord, Lord Pannick, then I would push the Motion to a vote, but I did not even have enough voices to get a proper vote on Report so I will stick to sulking over here.

Still, the Government have badly misunderstood what the British public think about protest. Protest is something that we accept as part of our democracy. In other Bills, such as the Elections Bill, the Government are suppressing democracy, and here they are suppressing democracy again. I am devastated that we are allowing the Bill through.

Police, Crime, Sentencing and Courts Bill

Baroness Jones of Moulsecoomb Excerpts

Consideration of Commons amendments & Lords Hansard - Part 1
Tuesday 22nd March 2022 Lords Chamber

[Baroness D’Souza (CB)]

My Lords, in defending freedom of expression, which often includes offensive speech, various criteria are maintained, which largely concern the context in which the speech occurs. There are two particular aspects. The first is whether the hate speech, misogynistic or otherwise, is able to be avoided. Is there a way in which the individual can avoid the speech, for example by not turning on the radio or their text messages, or whatever it might be? The second is one that has already been alluded to by the noble Baroness, Lady Fox. It is the extent to which there is a direct relationship between hate speech, misogynistic speech, and actual harm coming to an individual woman.

The noble Baroness, Lady Kennedy of The Shaws, who is to be commended on almost everything that she does, talked about protecting thoughts. In a way, what one is doing is contradicting that by saying that if someone is thinking about delivering offensive speech that will automatically, if it is expressed, lead to action. I think there is a tiny bit of confusion here. Although I will support the amendment, there is an element of curtailing freedom of speech that we ought to be mindful of.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, recently I was going home late and I got into a cab and was chatting to the cabbie. At some point he said, “Oh, you posh young birds”. It was so inappropriate on so many levels that I did not know what to do. I did not tip him, of course. It struck me that it was not necessarily offensive—but I did object to it.

I have heard today two incredibly powerful speeches in favour of the Motion, from the noble Lord, Lord Russell, and the noble Baroness, Lady Kennedy. I do not understand why the Government have not heard this message. It is not coming from just these two people; it is coming from millions of women who experience misogyny and really do need protection. It is not enough to say, as the police often do, “Don’t wear short skirts, don’t go out after dark and don’t drink too much” and things like that. This is on a completely different level. It is about protecting women who cannot protect themselves, so I hope that the Government are listening.

I noticed that the noble Lord, Lord Wolfson, was writing very seriously during these speeches. I hope he was making prestigious notes about what was said and how important it was, and I hope the Government are listening.

[Baroness Bertin (Con)]

My Lords, I support the amendment and thank the noble Lord, Lord Russell of Liverpool, for all his support on this issue. I say to the noble Baroness, Lady Kennedy of The Shaws: “What a powerful speech”.

I particularly want to reiterate the points made about police recording. I am really quite depressed that this amendment has had to be laid—depressed as a Conservative Peer, because I have been so heartened by the commitment that this Government have shown on the issue of violence against women and girls. But at the moment, on the issue of misogyny—it exists, it is there and is corrosive; it is huge, if you ask me—there is a lack of grip. There has also been a lack of leadership and accountability, in particular on the issue of recording, and that really matters.

It matters because we should not make promises at the Dispatch Box and not keep them. That picks away at the faith and trust we have in our democracy. I do not wish to make too big a point out of this, but it is important and we do notice it. It also matters because it helps victims to have much more faith in the system; it gives them confidence. We have heard that from chief constables who have voluntarily taken this approach on board. It matters because it helps them do their job as well. It helps them target their resources, understand where the repeat perpetrators are, and target the culture within their own police forces—which, as we know, is a huge problem.

I hope that noble Lords will support the amendment, as I will. It really matters. Misogyny exists, it is corrosive and it needs to be tackled, and this is a very thoughtful and reasonable approach.

Nationality and Borders Bill

Baroness Jones of Moulsecoomb Excerpts

3rd reading
Monday 14th March 2022 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, I join the noble Lord, Lord Alton of Liverpool, in his comments about my noble friend the Minister, on her effective stewardship of this Bill and the recognition that she has recently received in becoming a member of the Privy Council.

I would like to add a slightly different perspective from that of some noble Lords who have spoken in this stage of the legislation. I support this Bill. I have not contributed to a great extent during its passage, but noble Lords may have noticed that I have spent a lot of time listening to the debates during its period in your Lordships’ House. Although I support the Bill, I do not do so blindly. I am a great believer in the parliamentary process, and I have always taken the view that the process of scrutiny always improves legislation. The Bill leaves this House to return to the other place stronger than when it arrived. I commend many noble lords who have worked to achieve that, including my noble friend the Minister and her colleagues on the Front Bench.

However, I will make a couple of other observations. One of the things that I have found a bit concerning in listening to some of the debates during this Bill’s period with us is the way in which some noble Lords in bringing forward their amendments, or those who have supported their amendments, have sought to suggest that people who are kind are people who will support them—in a way, trying to define those who oppose the Bill as the only people who speak for those who are kind and generous when it comes to those who come to our country in their time of need. As the Minister said earlier, it is important for us to recognise that the need and desire for stronger immigration controls, and the generosity of spirit of the British people to refugees and to asylum seekers, are not mutually exclusive. Actually, a lot of people feel strongly that it is because of stronger controls that people feel able to be that much more generous in the way they feel they want to be to those in need.

So, whatever happens when the other place considers the amendments that have been made in your Lordships’ House and sends the Bill back to us, I hope that when we get to that stage in the passage of this legislation we will all refrain from trying to monopolise or reserve for ourselves a definition of kindness that is not embracing of those who also want to see stronger immigration controls.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this has been an incredibly tough Bill, not only because of the stamina necessary to take us through the very long hours—and sometimes the very long speeches—but because it has sometimes been emotionally draining. It was almost worse than the policing Bill, which I really thought was the worst Bill. On the other hand, we have had some great speeches.

I thank everyone who has thanked us. We have put quite a lot of energy into this, and at the same time we are well aware that it is the whole House that has made a real difference.

Nationality and Borders Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Shackleton of Belgravia (Con)]

My Lords, I rise to speak in favour of Amendment 64A, tabled by the noble Baroness, Lady Neuberger, in relation to the testing of children who may or may not be of the correct age. I think that everybody is united in believing that illegitimate people holding themselves up as children is wrong. However, how that gets assessed needs careful consideration. Can the Government think again as to whether the correct people for doing this investigation and the methods that they use, so movingly put, should be deployed by the Home Office, when local authorities have the equipment and the expertise to do this in a sensitive way which protects both parties? It is not okay for a minor to undergo treatment that adds to trauma, any more than it is right for an adult child to abuse a minor.

We ought to find a system that is fair and age-appropriate, and which gives people the benefit of the doubt until it is proved. Without the proper expertise, more harm can be done than problems solved.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to support Amendment 64A. Any way that we can make our systems fairer is something we must aim for. The Home Secretary said yesterday in the other place that we have a “unique scheme” for accepting refugees. Yes, it is a unique scheme. It is uniquely complicated. It is mean spirited. It is slow compared with those of every other country in Europe. It is not something to brag about. Quite honestly, sometimes I hear things said in the other place and in this Chamber, and I am ashamed to be British.

[Baroness Hamwee (LD)]

My Lords, my name, on behalf on these Benches, has been added to Amendment 64A. The House will be glad to have heard some very compassionate and rigorous speeches.

The noble Baroness, Lady Fox, talked about trust. Of course, that is hugely important. It may be the circles that I move in, but what young asylum seekers say—what many asylum seekers say—is not taken at face value; quite the contrary.

The noble and learned Baroness, Lady Butler-Sloss, talked of the young Afghanis whom she met. Amendment 64 refers to “demeanour”—I know that is not the term of the noble Lord, Lord Green, but it made me reflect on the fact that, as regards demeanour and appearance, we must be very careful how we regard people of a different culture from our own.

On Amendment 64A, so much of age assessment, as the Government present it, is about science. In Committee, the noble and learned Lord, Lord Stewart, acknowledged that there is no silver bullet, but the Bill itself and the Government’s argument rely very heavily on scientific assessment, although the scientific methods specified in the Bill are only physical examination and measurement and analysis of saliva, cell, DNA and other samples. So, it is particularly worrying that the relevant professional bodies are so loudly and clearly opposed to these provisions on the basis of ethics and because of concerns about the accuracy of tests and measurements.

A lot of factors are—or should be—in play in assessing age, using a range of professional skills. The Home Office fact sheet also acknowledges that there is no single method, scientific or not, that can determine age with precision, but then makes a particular point of referring to the Home Office chief scientific adviser. I ask the Minister: what disciplines will be covered, and will it involve professionals in the psychiatry and psychology parts of the scientific/medical world with qualifications, expertise and experience in assessing and treating young people who have gone through the experiences that young asylum seekers have frequently gone through? They must also have experience in dealing with asylum seekers and others who have undergone traumatic experience, dealing with them in a trauma-informed way and avoiding retraumatising them. I refer noble Lords to my Amendment 84C, which will be the very last to be discussed in this debate, probably some time tomorrow morning.

Clause 51(7) provides that the decision-maker must

“take into account, as damaging the age-disputed person’s credibility … the decision not to consent to the use of the specified scientific method.”

Clause 52(1)(f) provides for regulations about

“the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.”

I leave it to noble Lords to assess for themselves where that is leading or where the Government would direct us. How all that works, with the standard proof being the balance of probabilities, I am really not expert enough to be sure, but, taken together, it all worries me. I commend the rounded approach of Amendment 64A.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, golden visas and gilts—exactly. I am pleased to have my name to the right reverend Prelate’s amendment, which I moved in Committee as she was unable to speak to it—she had to leave part way through. The amendment from my noble friend Lord Wallace is very topical—sadly topical; having continued for far too long and being topical throughout the period, is the position of migrant domestic workers.

By definition, I failed to persuade the Minister in Committee. She cited James Ewins’s report about the length of stay and the likelihood of exploitation. The report made two key recommendations. One was about information meetings, which I understand have fallen into disuse, the other was the partial but significant relaxation of the visa tie, on which he said

“the existence of a tie to a specific employer and the absence of a universal right to change employer and apply for extensions of the visa are incompatible with the reasonable protection of overseas domestic workers while in the UK”.

I hope the right reverend Prelate has more success than I did on the previous occasion and if she does not, then I hope the group meeting with Home Office officials does.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this is an odd group because it contains two important issues almost at opposite ends of the spectrum. On the one hand we have low-paid, migrant domestic workers with very little in the way of rights and at risk of exploitation because of their precarious visa status and at risk of destitution and deportation if they cease to work for their specific employer. On the other hand, we have this visa category designed for the super-rich. It is part of a global order where being rich entitles you to buy politicians, avoid taxes and be exempted from the normal visa rules that bind the rest of humanity. It is almost poetic for these contrasting issues to be joined together in the same debate.

I had a dream last night that we had a snap general election which would have meant that this Bill, along with the police Bill and others, would have fallen. I woke up very happy. However, the consequence of both these issues is the same. It is exploitation. The migrant domestic worker visa almost guarantees exploitation of the workers by the super-rich and the tier 1 investment visas almost guarantee exploitation by the super-rich. Suddenly, the Government care about oligarchs abusing the very rules that the Government put in place to help oligarchs gain access to our country. It should not have taken an illegal war for the Government to pay attention to these very obvious consequences.

There is an inevitable immorality to becoming super-rich, whether the wealth was acquired through underpaying workers, misappropriating assets during the dissolution of Soviet Russia or the theft of resources from developing countries. It is very hard to become super-rich with a clean conscience. It was obviously wrong to establish a golden visa system for the super-rich. It corrupted the immigration system and gave special rights to the global elite. The Government should never have done this and should end it completely.

I will vote for both these amendments. Could the Minister make my dream come true and accept all these amendments so that at least we have a Bill that we can possibly swallow?

[Lord Alton of Liverpool (CB)]

My Lords, I join other noble Lords in supporting the right reverend Prelate the Bishop of Bristol in moving Amendment 70A. Like the noble Baroness, Lady Lister, I had the opportunity of meeting some of the people from Kalayaan in Palace Yard earlier today. It reminded me of the meeting I had with the group in 2015 when we were discussing the modern slavery legislation and the immigration Bill. With my noble friend Lord Hylton, whom my noble friend Lord Sandwich referred to earlier, we moved amendments at this time. I went back and took the trouble to have a look at what was said during the course of that debate. Indeed, everything that the right reverend Prelate said in her prescient and eloquent remarks was contained both in the amendment before the House tonight and in the amendments that were moved in the legislation that we divided the House on back in 2015 and 2016.

My noble friend Lord Kerr got it absolutely right, as often he does, when he said that this is about bringing the position back to the pre-2012 status. The noble Baroness, Lady Lister, referred to the request of Kalayaan that that should be one of issues on the table during the discussions that will be held, I presume with the noble Lord, Lord Sharpe, when they meet tomorrow at the Home Office. Like the noble Baroness, I would be grateful if we could have a bit more elucidation about what is going to be on the agenda for that discussion. Given that there is going to be new legislation not that far up the track, it would be wonderful if we could be assured that this will be on the agenda for proper consideration then and that what the right reverend Prelate has said to us tonight will be one of the things that will be considered.

Mike Veale: Police Conduct Report

Baroness Jones of Moulsecoomb Excerpts

Monday 7th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I wholeheartedly agree with my noble friend that trust has been diminished, certainly in the past couple of years. The death of Sarah Everard exemplified that lack of trust. I hope that getting Dame Elish Angiolini in to do the inquiry into the killing of Sarah Everard, the circumstances surrounding it and the police’s practices will go some way to restoring trust and confidence in the police.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, can the Minister, now a privy counsellor, give us an update on the IOPC’s examination of Charing Cross police station, where a lot of protesters have now made reports that they were treated badly by the officers there, who also treated women very badly? For example, their names were not released so people did not know whether they were being held there and they were held longer than they needed to be—that sort of thing. Is it possible to have an update?

[Baroness Williams of Trafford (Con)]

The IOPC does not usually provide updates on its investigations, but certainly when it has completed its investigations, its reports are published.

Nationality and Borders Bill

Baroness Jones of Moulsecoomb Excerpts

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

[Baroness Neville-Rolfe (Con)]

My Lords, I rise to move my Amendment 33 and thank my noble friend Lord Green of Deddington for his support. This amendment would add the failure to produce identifying documents as a factor that could be taken into account in an asylum or human rights claim and might damage a claimant’s credibility.

The background to this is my concern that migrants, especially those coming across the channel in boats, are destroying any documents they have because they believe—usually on the advice of the people smugglers— that they will secure better treatment under the asylum system. I fear that the system we operate makes this a reality.

My concern increased when I saw the results of a freedom of information request by Migration Watch UK, which showed that just 2% of the thousands who have made their way to the UK in small boats across the channel are in possession of a passport. Between January 2018 and June 2021, there were 16,500 such arrivals, and only 317 were found to have a passport at the time of being processed in the UK. This figure also dropped from 4% to 1% during that period, so something was happening.

Asylum claimants found to have destroyed their documents can be prosecuted under a 2004 law passed by the then Labour Government, but there were only two prosecutions in 2019—a sharp decline since 2013, when there were 49 prosecutions, 44 of which were successful. The fact is that by destroying their documents, migrants make it harder for the authorities to identify the claimant and assess their claim.

In responding to a similar amendment in Committee, the Minister, my noble friend Lord Wolfson of Tredegar, emphasised the case-by-case nature of decision-making, which I think was welcome to noble Lords. Clause 18 of the Bill before us adds two new behaviours to Section 8 of the 2004 Act: providing late evidence without good reason and not acting in good faith. He hinted that the destruction of documents would be an example of the behaviour that a deciding authority might think was not in good faith and concluded that my amendment was not necessary. However, when pressed by my noble friend Lord Green, he refused to confirm the documentation example and wished to leave the matter to decision-makers and the courts. This is not always the safest or cheapest approach.

Against the worrying factual background that I have been able to set out today, I believe that this is much too uncertain and likely to lead to a continuation of the current deplorable practice. The lack of clarity is an invitation to the people smugglers to persist with their wicked advice, and their wicked and dangerous trade. My Lords, what are the Government going to do about it?

[Baroness Jones of Moulsecoomb (GP)]

This is a thoroughly nasty amendment. That is all I have to say about it.

[Lord Green of Deddington (CB)]

My Lords, I will not be quite as brief as that, but I will try to be brief.

I rise to support Amendment 33 in the name of the noble Baroness, Lady Neville-Rolfe, which I have co-sponsored. It is surely right that the failure to produce identifying documents should be a factor—I put it no stronger than that—in assessing the credibility of a claimant. The destruction of identity documents has long been a means of undermining our asylum system. As I mentioned in Committee, we overcame a similar problem for those arriving by air simply by photographing the documents before they got on the plane, so if they stuck them down the loo, it was not going to help them, and that had been going on for some considerable time.

It is no accident that today, 98% of all cross-channel arrivals, whether by truck or boat, have no documents. Indeed, it is not in dispute that people smugglers instruct them to destroy any documents to reduce the risk of being returned to their home countries. In many cases, the applicants are making fools of us. Surely, the least we can do is to specify in law a requirement to take into consideration the absence of documents as a factor in judging the applicant’s credibility. I can think of no reason why that should not be the case and I strongly support the amendment put down by the noble Baroness.

--- Later in debate ---

[Lord Cashman (Lab)]

My Lords, I will speak rather briefly; it seems to me that brevity has a very wide definition. Let me just say that outsourcing is entirely unacceptable. I would like to see the back of this clause and schedule; they should not be in a Bill dealing with asylum or refugees. As I said in Committee, this will place vulnerable people again at risk. I give the simple example of someone who might be lesbian, gay, bisexual or transgender ending up in a country to which they are outsourced where they could be criminalised, persecuted and under real threat. What kind of signal do we send to the rest of the world when we treat vulnerable people in this way? I support all the amendments in this group. I think that is brief enough.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I think the noble Lord, Lord Horam, makes the mistake of thinking that this House trusts the Government. Of course, it does not—or rather, by and large, the majority in this House does not, because the Government have broken their word so many times.

I will speak briefly as well, because I am very concerned that we can vote as much as possible but I do not understand why the Government are trying to move people to other countries. This makes no sense, and it is one of the many ways that the Government are trying to avoid their obligations. Instead of trying to deport people while the Government dither about processing their claims, we should provide them with decent accommodation and work so that they can start to retrieve some of their lives. If there was ever a moment when this Government should come out against the far-right ideology within their own ranks, this is it.

[Lord Etherton (CB)]

My Lords, I entirely agree with and support what has been said by the noble Baroness, Lady Stroud, the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Cashman. Offshoring while an asylum seeker is having their claim assessed is wrong in principle, oppressive in practice and, critically, lacking sufficient safeguards under the Bill. The noble Lord, Lord Horam, mentioned Australia’s policy of offshoring as a successful process, as he did on Monday. On the contrary, from a humanitarian perspective, Australia’s offshoring shows all the defects and injustices of such a policy.

In Committee, I mentioned the 2013 Amnesty International report This is Breaking People, highlighting a range of serious human rights concerns at the immigration detention centre on Manus Island, Papua New Guinea. I also mentioned and quoted from Amnesty’s follow-up report, which stated that on 16 and 17 February 2014, violence at the detention centre led to the death of one young man and injuries to more than 62 asylum seekers. Indeed, some reports suggested that up to 147 were injured. I quoted more from this report in Committee, but it is not appropriate or necessary to repeat that now.

What is absolutely critical—here I take serious issue with the noble Lord, Lord Horam—is that before any such notion of offshoring can be pursued by the Government under this or any other legislation, certain assurances have to be provided in primary legislation, none of which is addressed in the Bill, the Explanatory Notes or any other guidance by the Government. First, how will asylum seekers have access to legal advisers with knowledge of the law and practice relating to UK asylum claims, which is complex and difficult? Is that going to be done four and half thousand miles away on Ascension Island? Secondly, legal aid and advice is available to refugees in the United Kingdom. Is there anything to suggest that it will be available to refugees in offshoring holding centres? If conditions, as in Australia, in the proposed offshore centre are so bad as to cause physical or mental harm to refugees—whether through physical conditions in the centre or, in the case of single women or LGBTQI people, for example, because of discrimination, harassment, bullying and violence from staff or other asylum seekers—will they be able to have recourse or bring proceedings in the UK, or will they be restricted to such remedies as might be available in the foreign countries?

These are fundamental questions. They cannot be left outstanding while individual arrangements with separate countries are being negotiated or considered. They have to form the legal framework within which any such discussions should take place and be seen on the face of any legislation, including this Bill. Although I raised these points in Committee, the Government have not given any answer on any of those issues and, until they have done so, I suggest that these amendments necessarily have to be carried.