Migration and Border Security

Baroness Neville-Rolfe Excerpts

Tuesday 10th December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

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.

[Baroness Neville-Rolfe (Con)]

The Minister mentioned the work of the Migration Advisory Committee, looking at skills. It rather sounded as though we would be allowing additional people into the UK on its recommendations, whereas I believe the focus should be on upskilling UK young people and UK unemployed so that they can fill the skills gaps that we have. The shadow Minister made a point about the winding down of the scheme to encourage integration in the UK and to encourage people to learn proper English, as you see in other countries. Could the Minister kindly answer the question that was asked?

[Lord Hanson of Flint (Lab)]

On the first point, I hope that I can reassure the noble Baroness that the purpose of the Government discussing this aspect with the Migration Advisory Committee is to look at the question of skills shortages and where individuals potentially can add to the gross domestic product and contribute to society as a whole. There may well be some skills shortages, but we are reviewing that in relation to the potential for a range of matters. This will be allied with the White Paper, which looks at the level of net migration and how the net migration target that was set previously is managed by the new Government.

The noble Baroness’s point about integration is extremely important. Let me take away the points that she and the noble Lord made and give them both a fuller answer as to the outcome of that discussion.

Retail Crime: Effects

Baroness Neville-Rolfe Excerpts

Thursday 5th December 2024 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I very much welcome this debate and congratulate the noble Lord, Lord Hannett of Everton, whom I regard as a noble friend—not in the sense used in our House but in the sense used outside it. We worked together at Tesco for many years. In that time, Tesco grew rapidly. That helped me as an executive, but it also helped the noble Lord, who often topped the table in new trade union membership as a result. He and Sir Terry Leahy had a shared love of Everton’s premier football team. Few people know that the packaging for Tesco value lines were blue and white because of that love.

I will talk about two things this afternoon: first, and very positively, the need to deal much better with retail crime and my support for that; and secondly, but only briefly as it is a wider issue, my concern about the negative impact of the Budget on retail.

Retail crime was a major concern when I worked in the retail sector—now 10 years ago—and the work we did together in the British Retail Consortium and with the police made a huge social contribution. We invested a lot in security measures and our security suppliers built up export-earning businesses overseas. At that time a lot of the theft was by individuals stealing to feed their drug habit. I remember the sadness of arresting such people when I started my Tesco life in a store in Brixton, which was cited by the noble Baroness, Lady Hazarika. Then, it was bottles of Nescafé down women’s trousers and cuts of meat smuggled out with the help of a blind eye at the check-out, but now the position is much worse. Organised crime groups are increasingly involved in systemic, large-scale retail theft, amply justifying a major initiative to tackle this.

I welcome the £7 million in the Budget for funding both the national policing intelligence unit, Opal, to combat organised gangs that target retail, and the National Business Crime Centre on prevention and the tackling of crime. However, this is funding over three years. It does not feel enough, given not only the ever-growing risk and the way gangs in one area use the proceeds of crime to expand into other areas but their growing use of knives and violence. My noble friend Lord Kirkham described this extremely graphically.

The truth is that retail crime in the UK has risen sharply, as the noble Lord, Lord Monks, explained. The graph in the excellent Library note shows how seriously the number of offences has increased, and we know that even that is an underestimate. According to the BRC, retail crime cost businesses £1.8 billion in 2023, which was double the previous year’s figure. Thefts rose to 16.7 million, up from 8 million. That is 45,000 theft incidents every day. Equally concerning is the incidence of violence against retail workers. It has skyrocketed, rising by 50% to 1,300 incidents a day. The noble Lord, Lord Hannett, explained the compelling numbers in this area.

I could see this coming during the passage of the Police, Crime, Sentencing and Courts Bill in 2021 and although I worked well from the Back Benches with the noble Lord, Lord Coaker, and secured some changes to sentencing guidelines, I would have liked Labour support for an actual offence of the kind that we introduced at that time for health workers. It was a missed opportunity, so I am delighted by the Government’s promise to create a new offence for assaulting retail workers. Please can they advance this quickly and introduce the necessary Bill? I believe that they will also expand electronic tagging and the use of facial technology.

The House of Commons is crying out for meaty Bills that contribute to growth rather than devoting so much time to debates, so I look forward to hearing the Minister’s plans for legislation and enforcement, and the £200 threshold. Will he agree to look at deterrent tariffs for this new assault offence and for retail crime more generally? These need to be tough enough to attract police time and police priority. One of my sons works for the Met, although not in retail, so I know how these things work. Moreover, we need dedicated resources for the police to address retail crime and capture the gangs. We are crying out for much-improved police response times to show that the damaging criminal behaviour seen in retail is taken seriously. I will strongly support tough measures.

This brings me on to the negative. Noble Lords will know that retail is vital to the UK economy and our high streets. It employs 3 million hard-working people and 2.7 million in the supply chain, contributing over £100 billion annually to GDP. What is so disappointing is that the Budget has created unmanageable costs for a sector which employs millions of people and yet runs on very low margins. The new policies are estimated by the BRC to add costs of £7 billion a year by 2025, threatening jobs, insolvencies and more inflation. That is £2.2 million on national insurance, £2.7 million on the national living wage increase and—another slap in the face—a packaging levy of £2 billion. Of course, retailers’ rates bills are also expected to increase in April. This does not leave much for the security measures that the industry needs to tackle crime, which cost it £1.2 billion in 2023—up from £720 million the previous year.

This is a very important and timely debate. I thank the noble Lord, Lord Hannett, for his eloquence, his passion and his work on “freedom from fear” and for bringing us all together today. I trust that it will lead to early action.

Metropolitan Police Service

Baroness Neville-Rolfe Excerpts

Wednesday 29th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord points to the very good work that the police often do, and to non-policing work that the police often do. He mentioned mental health problems, which the police very often deal with on a Friday and Saturday night, and probably other nights of the week as well. I recall that, some time ago, we made a decision not to put people with mental health problems into custody suites because it is clearly the wrong thing for them, and never to put children into custody suites. He also brought to mind the benefit of a multiagency approach. We all need to work together to tackle these problems so that it is not solely the job of the police.

[Baroness Neville-Rolfe (Con)]

My Lords, we have had some sobering exchanges but, like the previous questioner, I want to go wider. My noble friend knows how much I care about improving effectiveness and value for money. I also have a son in the Met, although I have not been able to talk to him today. However, I know that policing is difficult. I am keen to know from her what is being done in training and guidance to the police—and, indeed, through the multiple legislation that we put through this House—to decrease the huge burden of paperwork and bureaucracy and allow the police to be freed up to do their job properly and professionally.

[Baroness Williams of Trafford (Con)]

My noble friend mentions a number of things there, and training is critical to the effective functioning of the police in what they have to deal with. We have talked a lot recently about the training of police to deal with domestic violence issues, which I think has much improved over the past few years. There is complexity. Some bureaucracy is obviously necessary, because if things go wrong, processes have to be followed. On judgments of effectiveness and efficiency, HMICFRS makes those judgments regularly.

Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Baroness Neville-Rolfe Excerpts

Tuesday 7th June 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

As noble Lords have said, we have discussed this sort of thing several times before; I will be quite brief. When faced with this sort of legislation, of which I do not have first-hand experience, I tend to read the briefings we get from NGOs very well, get ideas from other places and even check Green Party policy. This time, I read the briefings and I just thought, “Why? Why are you doing this to some of the most vulnerable people, who are migrants displaced from their countries by war, famine, environmental conditions and all sorts of reasons?” They come to this country in search of some sort of safety and well-being. Why can the Government not design an accessible, inclusive system?

It is not as though there are no ideas. We hear quite a lot from individuals in the Cabinet saying, “This is a good idea because nobody else has any ideas.” Actually, we do have ideas in this House and quite often the Government completely ignore us. I will mention a number of organisations whose briefings were very good: the Anti Trafficking and Labour Exploitation Unit, City Hearts, the Snowdrop Project, Hongkongers in Britain, the Joint Council for the Welfare of Immigrants and the3million; they give a voice to EU citizens in the UK. I come back to the question of why? Why have a system that is so difficult and will create even more pressure and distress for people who may already be distressed? I just do not understand.

The Government have talked about e-visas as though they were something wonderful—modern, streamlined and so on. They are clearly not. They do not work particularly well, they are difficult to access and they create more pressure. If the Government tried to do this to British citizens, or, let us say, Tory MPs—actually, not Tory MPs as they would probably get their staff to do it, but British citizens anyway—there would be a public outcry. People would not like this. We all like to have a document. I always carry my Covid vaccination certificate in my purse. It is a tiny little card but I carry it as a useful reminder for myself and because I could perhaps use it another time. Everybody likes some sort of paper copy.

Not only is this not appropriate for secondary legislation—particularly in view of the resistance there has been in your Lordships’ House already—but it is not a good piece of legislation. Again and again, we see poorly thought-through, poorly drafted legislation, and this is another example. Please—we need an inclusive, accessible system. The noble Earl mentioned using a QR code, for example; there are better ways of doing this. I find this hard; I have a lot of friends on opposite Benches and I believe them to be good people but, again and again, we see legislation like this going through and you cannot help feeling that it is a spiteful and cruel way to treat people.

[Baroness Neville-Rolfe (Con)]

I thank the noble Earl, Lord Clancarty, for initiating this debate on a system that has, of course, already come into operation. I look forward to hearing my noble friend the Minister’s explanation of these measures and their desirability. However, I have had a very helpful and reassuring briefing from her officials, for which I thank her.

I am sorry that there is no impact assessment. Large numbers of organisations and individuals are potentially involved—businesses, landlords and others. The Explanatory Memorandum suggests that there may even be savings in costs for them. Frankly, it would be worth detailing this for review, if there is a good story to tell. Perhaps I could make a wider point. We now have human rights and climate change statements on Bills and equality assessments on everything, but we have forgotten the importance of cost-benefit and impact assessment, which can be vital to productivity and growth. Perhaps the department could consider its approach for the future and talk to Mr Rees-Mogg as part of his quest for efficiency and opportunity and fight against bureaucracy, which often needlessly costs money.

In the absence of such an analysis, could my noble friend outline the response of businesses to these various measures, from employers generally and from landlords? Will a largely digital system be manageable by small businesses, especially if there are IT problems of the kind that some previous speakers have described? I believe that there is a new telephone helpline, and it would be good to know how it is coping and to hear about reactions to the move to digital. Finally, I understand that new codes of practice have been devised for employers and others, which I have not been able to find, and I would very much appreciate a summary of what they are trying to do, and a link.

I look forward to the Minister’s comments, and very much hope to be able to support her in the Lobbies.

[Lord Russell of Liverpool (CB)]

I thank the noble Baroness for introducing an element of farce into today’s discussions. The thought of the “Minister for the 18th Century” trying to navigate his way through a digital platform—or, as he is rather elegantly known, the Minister for Brexit Opportunities, for which, unfortunately, the acronym is the Minister for BO—is beyond belief, really. I shall try to put it out of my mind while I get my thoughts together.

When I looked at the briefing for this statutory instrument—I did not actually try to read it, because by the time you have got halfway through the title you need a drink—I wondered whether this was an example of the law of unintended consequences or an example of the law of intended consequences. Having read the briefings, which are very good, and having listened to my noble friend Lord Clancarty and the noble Lord, Lord Oates, talk in great detail about it, it is quite clear—and it must be clear to the Home Office—that there are a great deal of things in the system, as it is currently trying to operate, which are not working properly. There is no acknowledgement whatever in any of this, or in any impact assessment, that that there is room for considerable improvement.

What we are faced with is an SI that does not acknowledge what appears to be the case, which is that the system is currently not working properly. It is inconveniencing a great many people, many of whom are not necessarily the best equipped to try to navigate their way through these complexities. Adding insult to injury, it is now going to be made mandatory for a very large group of people, without any proper impact assessment.

My conclusion is that we are witnessing the law of intended consequences, because the Government and the Home Office are well aware that currently the system is not working, and that they are proposing to enact something which they know will not work. One definition of insanity is trying to make the same mistake again and again. This Government appear to be particularly gifted in that area. I ask the Minister and her officials to reflect on what they are doing. If any Ministers, Members of Parliament, Members of this House, advisers on this statutory instrument, or people whom they know, had to go through the indignities, inequalities and ineffectiveness of the current system, they would not put up with it, and nor should we.

--- Later in debate ---

[Baroness Neville-Rolfe (Con)]

Would my noble friend be able to give us a copy of the economists’ assessment of why no cost-benefit analysis seems to be needed? It is appreciated that an equality assessment is being made available. As I said, the Government are very good about always doing those. My worry is that cost-benefit is no longer considered important and that is a problem when we have an economy that needs to grow.

[Baroness Williams of Trafford (Con)]

I can certainly take my noble friend’s point back for her.

We have made it clear that the Government’s ambition is to phase out physical documents before the end of 2024. In terms of developing our digital products, we are bearing in mind and taking into account vulnerable users. We have taken full account of the recommendations from the beta assessment and designed our digital services and products to be used easily. We also have support services in place for those who need them and the move towards digital is justified and proportionate, as it ensures that individuals without lawful immigration status cannot access employment or accommodation in the private rented sector.

We are focused on delivering a fair and effective immigration system and, as I have said, these measures will allow us to strike the right balance in pursuit of that aim. With that, I ask that the noble Earl withdraws his Motion.

Homes for Ukraine: Visa Application Centres

Baroness Neville-Rolfe Excerpts

Thursday 28th April 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I can assure the noble Baroness that I will ensure that there is no discrimination at all in the way Ukrainians settle here. I will write to her on the specific point regarding of the Act of Parliament she mentioned.

[Baroness Neville-Rolfe (Con)]

My Lords, I thank my noble friend the Minister for the online briefing he has been giving to parliamentarians, and would like an assurance that this will continue because it helps to answer our questions. The visa process has been slow, if robust, and I am interested to hear the total numbers we are planning for.

[Lord Harrington of Watford (Con)]

I thank my noble friend for that question. Yes, I am continuing the online briefings. I have tried to have some online and some face to face; I do a weekly one for MPs. Today, I am circulating a programme right through to the Summer Recess, hopefully, for when these facilities are available. On the second point, I can do nothing but agree with my noble friend.

Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I shall speak briefly—although I did think my noble friend Lord Horam, having been an MP, had a common-sense perspective.

I do not agree with Motion D1. The proposed right to work after six months here would be a significant pull factor, in addition to those already outlined by my noble friend Lady Stroud. It could even undermine the points-based system that is already leading to the UK welcoming many more people and more students now that Covid is largely behind us.

As noble Lords will recall, my main concern during the passage of the Bill has been the constantly expanding numbers of people arriving across the channel in small boats, sometimes with tragic consequences. The Rwanda proposal is a brave attempt to discourage the large number of young men, resident in France—which is a free country—who wish to come to the UK, mainly for economic reasons. Sadly, the vociferous critics of this proposal, some of whom we have heard from today, have no alternatives to propose. So I shall be supporting the Government today. I thank the Minister for all she has done to engage and for doing her best to progress this obviously difficult Bill.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I rise with some hesitancy because I feel I am likely to be chastised for rambling, saying the wrong thing and going on too long. But let me see if I can entertain you.

I think that this is a very important and serious moment in a discussion on a very important and serious matter. I do not feel that this Bill will resolve it. I have been critical throughout on a range of issues and I feel that the Government have wasted opportunities —but I am not going to remind noble Lords of that.

At this point in the passage of the Bill, having listened to the considerations in the other place, we should recognise with a certain humility that the failure of the Government or Parliament to deal with the arrival by irregular routes of so many people is seen by so many citizens of this country as making a mockery of border control. This has led people to welcome the Rwanda solution as “At least somebody is trying to do something”. People will ask, “What would you do about the boats crossing the channel?” It is fair enough for people to say that, if something appears to be a deterrent, maybe we should try it.

As it happens, I agree with the noble Lord, Lord Horam, that there are not enough legal routes. I would like to open up a debate about more economic migration for unskilled workers. This might not go down well with my fellow citizens, but I should like to try to win that argument. I am fed up with having to describe people who want to come into this country as asylum seekers, when I know that many of them want a better standard of living—and why should they not have it? I defend them.

But we are not even having this debate. In this House, all the emphasis is on international obligations and the rule of law. There is little discussion about our obligations to the sovereignty of this country or the rights of British citizens of all ethnicities who worry about the fact that borders are not controlled. Perhaps I may remind noble Lords who are sighing that in a different context people are perfectly happy to grandstand about nation states, national sovereignty and the importance of border control—but that is only when you are talking about Ukraine. This is a different question.

On the Rwanda scheme, while I do not think that subcontracting our responsibilities to refugees to another country is against the nature of God, I actually do not like it. It is largely a cowardly decision. Despite what I have said, I would not choose this method. Over many years I have argued against such an approach, because I have always thought that any organisation that outsources or subcontracts its obligations on migration—particularly to heavily beleaguered countries—to police its borders on their behalf is washing their hands of a problem that they should tackle.

When I was criticising other places for doing this, I was criticising the EU—fortress Europe—which, for decades, has had a history of dumping asylum seekers on its non-EU neighbours. In 2016, the EU signed a deal with Turkey in exchange for £6 billion. President Erdoğan—that democrat—promised to stop Syrian refugees crossing the Turkish border into Greece and Bulgaria, and anyone found to have entered Greece was illegally deported to Turkey. The EU’s outsourcing of its migrant policy to, first, Colonel Gaddafi and, when he died, to warlords and militias or EU-funded Libyan detention centres has been a humanitarian disaster with torture and slavery at its heart. As it happens, Rwanda is not in that category, but I am always nervous about outsourcing to poor African countries that need the money; it seems unsavoury and cowardly. The reason these policies, which I feel avoid difficult problems, are greeted as they are by people is that they want something to be done. It equally avoids the problem and washes our hands of it to describe everyone in small boats as genuine refugees, and anyone who does not say that is seen as unkind. It also avoids the problem when you do not have an honest conversation about economic migration. It is equally cowardly and indulging in moral grandstanding to imply that “evil Tories” have turned into Nazis because they are actually putting forward a policy when no one knows what other policy to put forward. This does not help improve the level of debate about a very difficult situation.

Finally, and briefly, I support Motion D1, on the right to work, because it is ridiculous that we do not encourage people to have the right to work. In this instance, when the Government say that all claims should be settled within six months, I say to them: if they could get all the claims of the tens of thousands of people settled in a matter of months, we might not have a crisis where people say, “Bring in the Rwanda situation”. The claims go on and on for years and no one really trusts the processes to be done efficiently by Home Office civil servants in the background—no disrespect intended—so people sit around unproductively for years. For those who think that this would mean that they might undermine the wages and salaries of British citizens and workers, which is always a concern, let me tell noble Lords that, when they are sitting around for months and years, most are working but they are just working on the black market. That is perfectly legitimate because we will not let them work responsibly. Alternatively, if they are not working, they are sitting around doing nothing for years and years. That is not a very positive contribution to the UK, even if you are going to ask them to leave after their asylum status has been assessed eventually. I urge the Government, in this instance, to reconsider.

Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I speak in support of Amendment 64A, to which I have added my name. The noble Baroness, Lady Neuberger, has made the case powerfully for the amendment, which aims to introduce protections designed to alleviate the main concerns raised by myriad organisations, as she said, as detailed in Committee.

I shall build on what the noble Baroness said by picking up some arguments that were not adequately addressed by the Minister in Committee. First, he repeatedly tried to justify the use of dental X-rays in age assessment on the ground that they are already

“used as a diagnostic tool in ordinary dentistry”.—[Official Report, 8/2/22; col. 1566.]

He completely ignored my response that age assessment is not about diagnosing something that is wrong with a child—that is, there is no clinical justification for its use in this context. That he did not appear to get the distinction was described as a “cause of great concern” by the British Dental Association, which, as has been said, is totally opposed to the use of dental X-rays for the purpose of determining age.

Secondly, there is the related argument, put forward by the BDA and others, including the British Medical Association, that to use such methods in a non-clinical context is unethical. When I pressed the Minister on this point, he said that he would be going on to deal with the point I raised—but he did not. Nowhere in his response did he address the fundamental question of the unethical nature of such methods in this context. I know it was nearly three in the morning, but nevertheless I would have expected this most important point to have been considered. I am afraid that the subsequent defence of such methods in the factsheet published a couple of weeks ago did not do much to reassure me—nor did its suggestion that

“the UK is one of very few European countries that does not currently employ scientific methods of age assessment—such as X rays”.

A survey by the BDA of European sister organisations found that two-fifths—a significant minority including Germany and the Netherlands—did not use any X-rays for age checks, and my understanding is that some of the others are looking to move away from this method.

Given this, and given the arguments from the noble Baroness, Lady Neuberger, about consent, can the Minister give us an assurance that refusal to undergo such scientific methods should not affect the credibility of a child seeking asylum? If not, according to the British Association of Social Workers, it will amount to what they describe as “grotesque coercion”. Can he assure us that only methods specified in regulations should be used in age assessments? I urge him once again to close the loophole offered by Clause 51(9), which allows methods deemed either unethical or inaccurate by scientific advice nevertheless to be used for age-assessment practices.

I was also disappointed by the Minister’s response to my request that the Age Estimation Science Advisory Committee should include all the relevant dental, medical and scientific national bodies. He simply said that the committee would include a broad range of experts, but he did not include in his list the bodies that oversee the ethical use of the kind of scientific methods that the Government say that they want to use.

One of the arguments used to justify this part of the Bill is the harm that will be done if adults are able to pass themselves off as children. However, according to the Refugee and Migrant Children’s Consortium, in light of the supervision provided in children’s placements, this creates a much lower risk than when children are incorrectly treated as adults. The latter might be placed in detention or alone in accommodation with adults, with no safeguarding measures and the risk of abuse. Indeed, BASW warns in opposition to Amendment 64 that by treating age-disputed persons as adults there is a large risk that we have endangered children.

I read a heart-breaking example of what can happen in such circumstances just recently in the Guardian. It was a piece about four young asylum seekers from Eritrea who killed themselves after fleeing to the UK. The inquest of one of them, Alex, concluded that he had been wrongly assessed as an adult and that, consequently, instead of being sent to live with a foster family, he was moved to accommodation for adults, where he was violently assaulted and began drinking heavily. Although the mistake was rectified, the inquest noted that it contributed to the “destructive spiral” that lead to his death.

Any reform of age assessment must make such a tragedy less, rather than more, likely. Ideally, I would like to delete this whole part of the Bill but that is not possible. Therefore, this amendment represents a crucial piece of damage limitation. I hope that the Minister will accept it or, failing that, it will receive the support of the House.

[Baroness Neville-Rolfe (Con)]

My Lords, as the mover of the lead amendment in the middle of the night on 9 February, I will speak only briefly to support Amendment 64 in the name of the noble Lord, Lord Green. I do not support Amendment 64A, however well intentioned, because I worry about its perverse effects and the huge costs involved.

The background to my concern is that I have been utterly appalled by the number of asylum seekers pretending to be children—1,100 migrants in the 12 months to September 2021, as reported in the Daily Mail. I do not apologise for the fact that it first drew my attention to this dreadful situation. The numbers are growing as the numbers crossing the channel in boats grow, allowing for seasonal variations, although the Home Office is trying to reduce the focus on this by scrapping regular figures. This is the subject of my later amendment.

The incentives to cheating on age are substantial in terms of treatment, housing and support. I am worried about the wider implications: mature boys put alongside vulnerable girls in school can wreck their progress and even lead to abuse. Mixed ages in social care are a recipe for disaster and it can be worse than that: remember the Parsons Green bomber pretending to be 16 when he was much older?

The Government are right, therefore, to introduce new processes for conducting age assessments and to set up a system in support in the Bill. There seems to be agreement on this but, as has been said, much is left for regulation.

I was very glad that my noble and learned friend Lord Stewart of Dirleton acknowledged on 9 February —in the middle of the night—that we had raised a valid safeguarding issue. I thank him for that. I was pleased to hear that the Government are planning to monitor and evaluate the impacts of the policy and to develop the evidence base further. Unfortunately, that does not solve the problem the House of Commons amendments sought to address. We will have missed the boat for clarifying the law and introducing the certainty that authorities need to run a fair and safe system.

I am clear that we must have an effective and rigorous system of age assessment, not one that gives the benefit of the doubt to those saying, without documentation, that they are minors and encouraging the traffickers. The noble Lord, Lord Green, has exposed the problems with the system proposed and I feel that we need a better response.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to say that the Green group would certainly have attached a signature to this motion had there been space. Like everyone else, my inbox has been utterly swollen with emails and letters about this.

I will make an additional point which no one else has. Travelling has now become much more stressful. There are extra stresses and worries. Not having a piece of paper just multiplies that. I draw here on my own example of helping an older gentleman to make some travels across the channel recently. He carries a whole wodge of printed-out Covid vaccine passports. Every time we travel, we must have a passenger locator form; there is huge stress until it is printed out. He is lucky enough to be a British citizen, so he then puts his passport with those printed-out pieces of paper, and there is a sigh of relief. However, there are additional difficulties if you do not have that piece of paper. In the case of this gentleman, several times recently the travel has gone wrong, his phone has run out of charge and he has been left relying on the kindness of strangers to pull through. However, if you need your phone to prove your settled status, that is not going to help. We cannot assume that people are always going to have charged, working devices with them. Just printing out a piece of paper would offer a level of assurance for travel in these difficult times.

[Baroness Neville-Rolfe (Con)]

My Lords, I will not delay the House as we are all keen to complete Report stage. Having read Hansard for 3 am on 9 February, I felt that I must return to the charge on Amendment 82, which is eccentrically grouped with the high-profile Amendment 79.

The purpose of my amendment is to ensure that visa provisions can be included in future trade agreements only if they are specifically and separately approved by both Houses of Parliament. The need for this arises because of recent reports of plans to grant visas in trade agreements currently under discussion with India. I know that this has been a long-term aspiration for them. I believe that visas should be the subject of nationality law, such as this Bill. It should be separately agreed, and not bundled up into the CRaG process. Discussion in the CraG process will always look at an agreement in the round in the light of the interests usually concerned with such agreements. It certainly will not want to hold up an agreement for immigration reasons. Yet, as we know from WTO agreements, once provisions are in them, they are legally enforceable whatever happens. Given the population of some countries with which we are negotiating, I am very concerned.

The Minister was reassuring and suggested in Committee that any visa provisions would be confined to mobility issues affecting UK service suppliers seeking to go to India, and that this was precedented in the Japan and Australia agreements. In these circumstances, I cannot see why he cannot agree to my amendment—perhaps with a government tweak to make this explicit and/or to give a categoric assurance that visa provisions in any trade agreement will be confined to this area.

[Lord Paddick (LD)]

My Lords, obviously, these Benches wholeheartedly support Amendment 79 for the reasons explained.

I have some sympathy for the noble Baroness, Lady Neville-Rolfe, as far as Amendment 82 is concerned. One would hope that there would be cross-departmental working on trade agreements so that there would be no agreement to any visa deal without Home Office agreement. However, bearing in mind the apparent disagreement between the Home Office and the Ministry of Defence over the role of the MoD in the channel in relation to migrant crossings, I am not reassured. Perhaps the Minister can reassure the House on this issue.

--- Later in debate ---

Moved by

[Baroness Neville-Rolfe]

80: After Clause 78, insert the following new Clause—
“Duty to publish immigration data
(1) The Secretary of State must ensure that information is regularly published on immigration, including data on asylum and other immigration. (2) The Secretary of State must, within six months of the passing of this Act, review the International Passenger Survey conducted by the Office for National Statistics and in particular review whether the data that it collects are—(a) accurate, and(b) relevant for assessing the scale and nature of immigration to the United Kingdom.(3) The Office for National Statistics must update the International Passenger Survey in the light of the review.”

[Baroness Neville-Rolfe (Con)]

My Lords, noble Lords will know the importance that I attach to numbers. This has become even more important as the number of refugees and migrants entering the UK increases, as they arrive perfectly legitimately from Hong Kong, Afghanistan and, unless disaster can be reversed, Ukraine. My Amendment 81 would require the Secretary of State to ensure that information is regularly published on immigration, including regular data on both asylum and other immigration. I am grateful for the support of the noble Lord, Lord Green, and my noble friend Lord Hodgson of Astley Abbotts.

Many years ago, I was the Home Office adviser in the Downing Street Policy Unit, and I discovered just how difficult it was to get up-to-date figures on the movement of people. The International Passenger Survey improved things, but although revived after a Covid break, it no longer includes the key questions on passenger arrivals or departures that the ONS needs to produce accurate statistics. Adequate data matters, whatever your position on immigration. It is vital to make provision for housing, schooling, health services and transport, and to prepare for other aspects of the care and employment of migrants.

We had a good and mature debate on Friday at the Second Reading of my noble friend Lord Hodgson of Astley Abbotts’s Private Member’s Bill on the office for demographic change. Even if the Government were discouraging, a strong case was made for more and better work by the ONS and the Home Office on immigration and asylum data to aid long-term planning. However, today, local authorities bear the immediate impact of the need to look after migrants, and are therefore also in need of immediate and up-to-date data.

As things stand, we risk chaos when there is a surge of arrivals, yet the tone of the response in Committee, certainly in respect of asylum seekers crossing the channel, was to produce less data, including

“presenting data in a way that enhances the public’s understanding of key issues and puts the data into appropriate context, as well as the need to prioritise the department’s resources.”—[Official Report, 8/2/22; col. 1552.]

The Commons Library has produced a good report, dated 2 March, on asylum statistics, which perhaps unsurprisingly showed that in 2021 we saw the highest annual figure for asylum since 2003, up two-thirds from 2020, and that work in progress was 125,000 claims —far too high a figure. That is a lot of people waiting. I also picked up from discussions with officials that it was thought desirable to delay the logging of some immigration data for up to a year, to check whether those who had arrived remained.

My noble friend the Minister is always so helpful that I hesitate to be critical. However, taking all this together, it sounds like a move to less up-to-date data, more spin and fewer facts and figures on which to base sound policy. Knowing the Secretary of State as I do, I am very disappointed and wonder whether this is fully understood by her. In any case, I call on my noble friend the Minister for more reassurance.

--- Later in debate ---

[Lord Stewart of Dirleton (Con)]

My Lords, I thank noble Lords for their amendments and their participation in this debate. I note that their interest lies in ensuring that the Secretary of State publishes regular data on a range of areas on immigration. I acknowledge the importance which my noble friend Lady Neville-Rolfe attaches to statistics, and I acknowledge the important work which the noble Lord, Lord Green of Deddington, has carried out over many years, which serves to inform debates not only in the public sphere but in this place.

I assure the House that the Home Office provides a wide range of immigration data on a regular basis and has done for many years. This includes information on many parts of the immigration system, including the asylum and resettlement systems, returns and detention, and other areas such as visas and citizenship. All this demonstrates our commitment to ensuring that the public have the information they need to understand migration trends, and that the approach to small boat arrivals is in line with these other statistics on the immigration system.

The Home Office reviews the statistics that it publishes as a department, in line with the Code of Practice for Statistics. Where it is clearly in the public interest to do so, it will publish new statistics and amend existing statistics to ensure they continue to provide transparency around key government policies. However, we must weigh up the need for more statistics against other considerations. This includes the practicalities and costs of producing resilient, assured data derived from operational systems, presenting that data in such a way as to enhance the public’s understanding of key issues, and putting the data into appropriate context, as well as recognising the need to prioritise the department’s resources.

Amendment 80 would require reviewing and updating the International Passenger Survey by the Office for National Statistics. I emphasise that the ONS is a statistical agency, which is independent of government, and whose work is overseen by the UK Statistics Authority. While the Home Office publishes statistics in relation to the operation of the immigration system, the ONS is responsible for the national migration and population estimates. It would be inappropriate, I submit, for politicians to interfere with or seek to direct the National Statistician in his statistical duties.

My noble friend Lady Neville-Rolfe and the noble Lord, Lord Green of Deddington, referred to the International Passenger Survey, as did my noble friend Lord Hodgson of Astley Abbots. Prior to April 2020, the Office for National Statistics used this to measure migration but it is important to note that, as your Lordships have heard, it is no longer used for that. While the noble Lord, Lord Green of Deddington, calls in effect for the reinstatement of the IPS, I have to advise the House that it was the ONS that concluded that the IPS had failed to meet changing user needs. It did not tell us what we needed to know about migrant patterns or give us enough detail to get a robust understanding of migration. I happily adopt the useful points made in this regard by the noble Lord, Lord Paddick.

As acknowledged by the noble Lord, Lord Green of Deddington, the IPS was paused during the pandemic. The Office for National Statistics is instead working on producing statistics that will tell us more about migrant patterns. This is a work in progress but it should better meet the needs of policymakers. It is experimental statistical work, and we do not yet know whether it will provide robust answers, but the Home Office is committed to supporting ONS statisticians in exploring every avenue. We need to ensure, as I think the House agrees, that we have a clear understanding of such issues and their implications for the data before we publish anything or we risk doing precisely what the noble Baroness, Lady Fox of Buckley, said we risked: misleading the public and undermining faith in statistics, rather than enhancing the public’s understanding of such important matters.

In relation to Amendment 81, the noble Lord, Lord Coaker, from the Opposition Front Bench and others have pressed us on the alteration or the presentation of small boat statistics. Following advice from the independent UK Statistics Authority on making sure statistics on small boat crossings are published in an orderly way, the Home Office published a new statistics report on irregular migration to the United Kingdom. The report, which includes statistics on those arriving across the channel in small boats, was published for the first time on 24 February, covering data up to December 2021. We will update on a quarterly basis.

The decision to publish small boats figures in a quarterly report ensures regular statistics are released in an orderly, transparent way that is accessible to everyone, meeting the principles set out in the code of practice for statistics. The approach has been particularly important in allowing us to present small boats data in the wider context of longer-term trends, other methods of irregular entry and the immigration system more widely, and hence to provide statistics on a more sound basis. Where it is clearly in the public interest to have more frequent releases of information, we will consider this, as we have done with the EU settlement scheme, on which we publish statistics monthly.

In the case of small boats, publishing frequent updates will not provide sufficient time to collate the data collected in the field by operational staff and integrate that with the information from the asylum applications. Nor will it allow us to perform the robust assurance processes we undertake for our wider published statistics. This increases the risk of incomplete or incorrect data being put into the public domain.

The motivation for these changes is not to obfuscate or conceal. It is an attempt to provide more useful statistics —not to hide figures but to provide more assured data. Given that assurance, I ask the noble Lord and the noble Baronesses to withdraw their amendment.

[Baroness Neville-Rolfe (Con)]

My Lords, I thank my noble friend the Minister for his comments, although I have to confess a sense of disappointment. Cutting resources and costs devoted to immigration data, whether by the ONS or the Home Office, may prove to be a false economy, and I am not convinced of the case for moving to quarterly reporting on small boats. It feels a little bit like hiding the story.

However, I am grateful to all noble Lords for their welcome support. I think we are all agreed on the need for accurate and reliable data on asylum and immigration, and on small boats and both directions of travel. Like the noble Baroness, Lady Fox, we should respect the principle that sunlight is a powerful disinfectant. It should help to build trust but, for now, I beg leave to withdraw Amendment 80.

Amendment 80 withdrawn.

Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

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

Moved by

[Baroness Neville-Rolfe]

33: Clause 18, page 22, line 36, at end insert—
“(6C) This section also applies to failure by the claimant to produce identifying documents when entering the United Kingdom or when intercepted in the territorial waters of the United Kingdom.”

[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.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, I am grateful to my noble friend Lady Neville-Rolfe for raising the issue and of course I understand the concerns that lie behind it.

Clause 18 adds two new behaviours to the existing credibility provisions in Section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. It introduces the principles that providing late evidence without good reason or not acting in good faith should be damaging to the claimant’s credibility. Where, conversely, there are good reasons for providing evidence late, that would not affect the claimant’s credibility.

The concept that certain conduct should be damaging to credibility is not new. Decision-makers must already consider the claimant’s conduct. It is then open to the Home Office or the courts to decide the extent to which credibility should subsequently be damaged. The focus of Clause 18 is, therefore, the Home Office and then the judicial decision-making process. It is intended to address the issue of late evidence raised in unfounded protection and human rights claims and put beyond doubt that behaviour designed to abuse the system will be taken into account. Clause 18, therefore, is intended to apply to those individuals who have made a protection or human rights claim and have been issued with an evidence notice as per Clause 17. It is not intended to apply, for example, to individuals immediately when intercepted in the territorial waters of the United Kingdom.

Against that background, I suggest that Amendment 33 is unnecessary. The destruction, alteration or disposal of a passport without reasonable explanation, or the failure to produce a passport on request to an immigration officer or to the Secretary of State—again, without reasonable explanation—are behaviours to which Section 8 already applies. The good faith requirement in the Bill is intended to address behaviours such as those mentioned in the amendment, as well as any other behaviours that a deciding authority thinks are not in good faith. Specific instances of a lack of good faith are necessarily caught by the broader provision that refers to good faith: the greater includes the lesser. Therefore, there is no need to single out the behaviours prescribed in this amendment.

As to the detail of the amendment, I say that verification of someone’s identity normally takes place on land. However, should a claimant be in possession of their passport or identity document and fail to provide this when requested by an immigration officer, Section 8 will apply, as I said. Moreover, where evidence is provided late following receipt of an evidence notice in a protection or human rights claim—again, without good reason—this should be taken into account as damaging the claimant’s credibility.

As this amendment refers to specific examples of behaviour designed to abuse the system, and that type of behaviour as a whole is already caught by the provisions of the Bill, I respectfully suggest that the amendment is necessarily unnecessary. For those reasons, I respectfully invite my noble friend Lady Neville-Rolfe to withdraw it.

[Baroness Neville-Rolfe (Con)]

My Lords, I thank those who have spoken in this brief debate. The very real problems of refugees, noted by the noble Lord, Lord Hylton, and of course the fact that some people do not have passports are very well understood by me. That is why my proposal is to add an extra factor that needs to be taken into account, not least to reduce the power and profiteering of the traffickers. As has been said, tribunals and officials can then take a fair view.

Having said that, I think that there seems to be a chink of light in some of the comments from my noble friend Lord Wolfson on how this would work. Perhaps we could discuss further before Third Reading what the Government’s approach will be, the associated regulations and so on. I am very conscious that we need time for many votes today, especially as the electronic system seems a bit slow, so for today I beg leave to withdraw my amendment.

Amendment 33 withdrawn.

Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I support the amendment moved by the noble Baroness, Lady Ritchie, and spoken to by other noble Lords. I was grateful, too, to have been briefed by the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission. I did not need to be convinced of the importance of local journeys for work, education, health services, shopping, frontier workers and so on. I was lucky enough to be a member of the EU Select Committee of the House during the transition period, when we heard direct from people living and working in Northern Ireland about the concerns which the amendments in this group address.

I want to speak particularly to Amendment 175ZA. The points raised in it apply more widely than to the Northern Ireland/Republic of Ireland border. I certainly do not want to suggest that there is greater concern about criminals in the Republic than at other borders. I am not quite sure why these proposals come to be in the same group but I understand why there is a concern to get through the remaining amendments. The point is relevant to the border and there is a practical problem, as the noble Viscount just said.

My noble friend Lord Paddick is concerned about checks on the criminal record of an individual, now that we are no longer a member of the EU or have access to SIS II or ECRIS. We have to fall back on the Interpol database, which requires specific uploading of information and is not integrated with our police national computer or with member states’ national systems.

The report of the EU Security and Justice sub-committee on post-Brexit arrangements in that area is due to be debated on 25 February. I know that the Minister will deal with the points in the report then. I was going to say that I was sorry to see she does not get that Friday off, but it is never off for a Minister, is it? The points in it are relevant to Northern Ireland.

My noble friend Lord Oates has Amendment 180, which is not in this group, on physical proof of status. This amendment relates to the points that I know he will make and asks the very pertinent question: what happens when the digital system malfunctions? I am normally a glass-half-full person but that is pertinent to everyone, especially at this land border.

I noted, and think it deserves to be mentioned here, that the Constitution Committee of your Lordships’ House has reported in the following terms:

“The House may question why the detail of the Electronic Travel Authorisation scheme introduced under clause 71 is not set out in the Bill.”


It is because the scheme has not been worked up—at any rate not to completion, as I understand it. The report continues:

“If it is appropriate to make such provision in immigration rules, the House may expect it to be subject to a form of affirmative procedure, at least for the establishment of the scheme.”


The committee is saying much more delicately what I said the other day: we should not be expected to deal with criminal offences, as it was that day, arising from the scheme when we do not know what the scheme is. That also applies here.

[Baroness Neville-Rolfe (Con)]

My Lords, I thank the noble Baronesses, Lady Ritchie of Downpatrick and Lady Suttie, for raising this issue, and I think some very good questions have been asked. I have a different question. In the absence of an electronic travel authorisation, are there problems in enforcing immigration, asylum or indeed criminal law? Can we be reassured that there would not be an incentive for people who want to come to the UK to come in large numbers through the Republic of Ireland? That would be my one concern in trying to address the very real issues across the border that have been identified, and which you see in other countries where you have borders—especially where there has been a practice of having no border.

[Baroness Ludford (LD)]

My Lords, I will very briefly give support from these Benches to all three of these amendments. They all demonstrate the practical consequences of Brexit. I declare a bit of an interest on Amendment 175—not that I am neither British nor Irish but that I am both British and Irish. In fact, I have been Irish from birth without for a long time realising it, but I have now just got my passport, so I am a dual national.

But it makes no sense—and the noble Viscount, Lord Brookeborough, gave very graphic examples of how silly it is to try to stop people crossing the border. It is not just about tourism; it is about work and business. Surely it is not in the spirit of the good relationship that we have with the Republic of Ireland, or of the Belfast agreement, or of everything that we want to work, Brexit or no Brexit—or despite Brexit. We want to have very good relations on the island of Ireland. I am not sure how it would actually work, but trying to stop people would be a nuisance, to put it at its mildest, and harmful from every direction.

On the point about the ETA system having to rely on the clunky Interpol system, my noble friend reminded me that we are going to be debating the report from the noble Lord, Lord Ricketts, in a couple of weeks. We do not have access to SEIS or ECRIS, or other EU instruments, and this is not good for operating an ETA system. So it would be very good to hear from the Minister whether he has anything positive to say about how to remedy the practical consequences, to use a neutral word, of Brexit, both for internal travel on the island of Ireland and for how the ETA system can work optimally.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I completely understand the point that the noble Lord, Lord Coaker, is making. I promise him that I am sticking very closely to the script. I am well aware of that.

I think I have dealt with most of the questions, albeit probably not to noble Lords’ satisfaction. What I cannot do, I am afraid, is commit to coming back on Report with anything, but obviously I am going to reflect very carefully on the tone of this debate—to go to the point made by the noble Lord, Lord Coaker—and take that back to the department.

Turning to Amendment 175ZA, I assure the House that the Government will conduct robust identity and suitability checks before granting an ETA. We will use the information supplied in the ETA application form to check against our watchlist system. However, as I am sure the noble Lord and the noble Baroness will understand, I cannot go into details of the exact checks that applicants will undergo or how those checks will be conducted, as to do so could undermine our ability to secure the UK border. Such a detailed commentary could provide those people whom we want to prevent from travelling to the UK sufficient information to attempt to circumvent our controls, undermining the very objective of the ETA scheme and the wider universal permission-to-travel requirement to enhance the security of our border.

The noble Baroness, Lady Hamwee, asked about what has happened since we left the European Union and lost access to the European Criminal Records Information System and the Schengen Information System. The UK participated only in the law enforcement aspects of SIS II, meaning that we could not, and did not, use SIS II information for immigration purposes. Therefore, having returned to the Interpol channels, we are now routinely exchanging information with EU member states on persons of interest, including missing and wanted individuals, and on lost and stolen documents. Moreover, through the EU-UK Trade and Cooperation Agreement, we continue to share criminal records with the EU for law enforcement purposes, including to assist criminal proceedings and for public protection. This is almost identical to the arrangement that we had under ECRIS as an EU member state.

I assure noble Lords that the confirmation of an individual’s status prior to travel will be a matter for the Home Office and their carrier. The onus will not be on the individual to produce evidence of their status to a carrier; instead, carriers will be expected to check and confirm with the Home Office that an individual has an appropriate permission before they bring them to the UK. It is our long-term ambition for all carriers operating scheduled services across all modes—air, rail and maritime—to use interactive advance passenger information, or iAPI, systems to provide passenger information to the Home Office in advance of travel. In return, passengers will receive confirmation of permission to travel prior to boarding.

iAPI is already a well-established mechanism used around the world, particularly by other countries that already operate travel authorisation schemes. None the less, the Home Office will undertake rigorous systems testing to ensure that our messaging to carriers works before the scheme goes live. We expect the likelihood of a technical malfunction occurring to be negligible.

In the unlikely event that a technical malfunction does occur—

[Baroness Neville-Rolfe (Con)]

I wanted to ask my noble friend about what happens when there is a technical malfunction, but I think he was going to answer that question. Having been caught out when the ESTA system went down when I was trying to go to California, I ended up missing my flight and having to go via Seattle, which took another eight or nine hours. It is important to have strong technical systems if you are going to rely on them, but it may be that there is a waiver or some arrangement that can be introduced.

Police, Crime, Sentencing and Courts Bill

Baroness Neville-Rolfe Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[Lord Hendy (Lab)]

My Lords, no one likes pickets. Even pickets do not like picketing. However, these clauses impinge on the right to picket, the right to picket is a fundamental aspect of the right to strike, and the right to strike is a fundamental aspect of the right to bargain collectively, which is a fundamental aspect of democracy at work.

Picketing is a highly regulated area of the law in a very sensitive political area. It has been regulated by legislation since 1875 and the last statutory amendment was in the Trade Union Act 2016. There is also a code of practice regulating picketing. There are no exemptions for pickets from either the criminal or the civil law, but these clauses will restrict even further the limited right to picket.

On the issue of noise, other noble Lords have pointed out the vagueness of the concepts involved here, which will impose a great burden on the discretion of the police in deciding what is noisy and what is not. It is notable that legislation has—and workers are very familiar with this—imposed limits on noise by way of decibels and duration in many industries. Those scientific techniques are not used here.

The very purpose of a picket in a trade dispute is to cause

“disruption to the activities of an organisation which are carried on in the vicinity”—

namely, the employer. So pickets will be caught. I note that the amendment states that

“serious disruption to the life of the community”

may include two situations: first, the supply of

“a time-sensitive product to consumers”

and, secondly,

“prolonged disruption of access to … essential goods or any … service, including, in particular, access to … the supply of money, food, water, energy or fuel … a system of communication … a transport facility … an educational institution, or … a service related to health.”

It does not take an expert to know that picketing is put at risk in almost every sector of the economy by these clauses, and it is for that reason that I have added my name to those of the noble Lord, Lord Paddick, my noble friend Lord Hain, and the noble Baroness, Lady Jones of Moulsecoomb, in asking for these clauses to no longer stand part.

[Baroness Neville-Rolfe (Con)]

My Lords, I also believe in freedom and in common sense. There are a number of provisions in this group, including the list we have just heard from the noble Lord, Lord Hendy. Now as I understand it, the Government are responding to the National Police Chiefs’ Council’s concerns. The council feels that, in the new world that has been described by others, public order legislation is not any longer appropriate and does not allow them to respond to the sort of disruptive protest tactics being used by some groups today that perhaps would not have been used in the past. I look forward to the Minister’s response, particularly on the issue of noise, which people have highlighted.

I have two questions to add. First, how will these provisions help against Insulate Britain and what its members have been doing? How will the new arrangements work, particularly the developments as regards juries that others have mentioned? Secondly, I know that there have been concerns about the overuse of delegated powers in this part of the Bill. Indeed, there was an excellent debate in the House last week on that very issue, which some noble Lords were present for. What were the recommendations from the DPRRC and Constitution Committee in this area, and can my noble friend explain how they have been met? My understanding is that definitions of “serious disruption” have now been added to the face of the Bill, which was a concern. But does that meet the concern expressed by our committees?

[Lord Paddick (LD)]

My Lords, I remind noble Lords that this group includes 26 amendments, and that noble Lords are entitled to speak only once on each group, in case people were thinking of having another go. I cannot possibly speak on all 26 amendments; if I spent only one minute on each, I would be here for 26 minutes. But we on these Benches oppose all the measures in Part 3 of the Bill, including the new government amendments introduced late at night in Committee. We will come to those in a later group.

I am a former senior police officer and part of a small, specially selected group of senior police officers trained in the policing of protests. My view, and the view of the majority of police officers interviewed by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, contrary to what the noble Baroness, Lady Neville-Rolfe, has just said, is that the limiting factor in the policing of protests on the police’s ability to control protests is the number of suitably trained police officers available, not a lack of police powers or legislation.

Not only are new powers and new offences unnecessary but there is a very real danger of dragging the police into political decisions on which protests should go ahead and which should not, as the noble Baroness, Lady Fox of Buckley, has just said. There is a very real danger of more scenes like those we saw at the Sarah Everard vigil on Clapham Common happening with greater frequency. There is a real danger of more and more police officers being drawn into policing protests to enforce more and more restrictions and bans, taking them away from policing their communities and, as a result, further undermining trust and confidence in the police and their ability to enforce the law.

I spoke at length in Committee and do not intend to repeat myself. I refer noble Lords to the Official Report. We support all the non-government amendments in this group. Particularly, we do not agree that protests should be banned because the police think they might be too noisy—so we will be voting in support of Amendment 115.

We agree with the former Conservative Home Secretary who led on the original public order legislation in 1986 that the police should not be able to dictate where and when public meetings or assemblies should take place or to ban them completely. To quote Lord Hurd of Westwell,

“that would be an excessive limit on the right of assembly and freedom of speech.”—[Official Report, Commons, 13/1/1986; col. 797.]

The Minister may say that the provisions simply bring limitations on assemblies into line with the limitations on processions, but I ask what has changed. It is still an excessive limit on the right of assembly and freedom of speech. I will therefore be testing the opinion of the House on Amendment 132. These measures are an outrageous limitation of people’s fundamental right in a democracy, and we oppose them.