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.

Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I welcome this legislation. Although many changes have been made in recent years, including by a Conservative Government, the asylum system and some related policies are not fit for purpose. Criticism comes from both sides. There are those who think that one of the main thrusts of this legislation—greater national control of the asylum process and the elimination of abuses— is misplaced. The process of claiming asylum should in their view be easier. Accordingly, they identify with those who appear to them to have been short-changed by the present system and argue for a less rigorous process. We have heard many such contributions today.

I am not of that persuasion. The greater need, in my view, is to deal with the very evident abuses that have emerged, enraging many of our fellow citizens as our hospitality is shamelessly abused, with the deleterious effect on social cohesion. Nevertheless, despite the overwhelming evidence in support of what I will call my macro view, we need to embrace this opportunity to address this whole area of policy, including areas where the conditions of those arriving here can be improved without adverse consequences.

I therefore look forward to helping with the scrutiny of this Bill. I share the Home Secretary’s wish—I quote from Third Reading—to

“bring in a new, comprehensive, fair but firm long-term plan that seeks to address the challenge of illegal migration head on.”—[Official Reort, Commons, 8/12/21; col. 445.]

However, I worry about the comment from the Opposition spokesman, Yvette Cooper. With her background on the Home Affairs Committee, she considers that the measures would severely limit our ability to convict perpetrators and dismantle organised crime groups. This is worrying, and I shall listen carefully to contributions on this topic.

I seek my noble friend the Minister’s thoughts on three issues. First, the overall numbers, as the noble Lord, Lord Green of Deddington, and my noble friend Lord Leicester have explained, are very worrying. Asylum claimants and delays in processing them are going up all the time, and the returns of rejected claimants to their point of departure are not. In particular, the numbers taking the dangerous channel crossing are going up by leaps and bounds to a total of over 28,000 in 2021, three times the 2020 figure. Somehow, the Home Office seems incapable of getting a grip and is being outflanked by the people smugglers. If this abuse can be resolved in no other way, I am coming to the view that the only way to resolve the problem is to adopt a new rule that all prospective asylum seekers who arrive in this way cannot be granted asylum. We have to find a way in which to change the cruel incentive structure, and not be too worried about the short-term criticism relating to individual cases. At a stroke, we need to find a way in which to put the traffickers out of business, as we saw in Australia.

Secondly, I turn to the wider question of deporting criminals, referred to by the noble Lord, Lord Paddick. Why can convicted criminals fight successfully to get off the planes organised to transport them? The total numbers actually removed, usually of dangerous criminals, are now tiny and much smaller than planned by the Home Office. Can the Minister explain this unsatisfactory state of affairs? Is it about the right to family life? In that case, does this provision need to be amended? What assumptions underpin Part 3 of the Bill, and why does my noble friend think it will work?

Thirdly, how will the new rules prevent abuse once the powers in the Bill are available? I am particularly concerned by migrants passing themselves off as under 18. I have seen media reports that more than 1,100 migrants who claimed to be under 18 were found actually to be adults in the 12 months to September. This is not only reprehensible, it puts a huge and needless strain on our hard-pressed care and education services for children under 18. Worse, it disrupts the education of British children, as these migrants end up in our classrooms. There have previously been reports of children with full beards and hairy chests, even swigging beer. Doubts have been expressed about whether the proposed age assessment board will solve the problem.

Those are three questions, and they raise another one in my mind. Has enough independent thinking been given to the Bill—beyond remedies that the Home Office has been serving up for decades?

I have a final question which goes beyond the purview of the Bill, and I am happy to have a reply in writing. It is reported that the Secretary of State for International Trade is considering offering student or other visas to India in exchange for a free trade agreement. Who has been advising the Secretary of State? Our Immigration Rules are a national matter and should not be the subject of negotiation with any foreign country. Immigration entitlement has no place in any agreement on trade. I hope the Minister will be able to assure us that those reports are inaccurate. Otherwise, the Government will have a hard time with some of their strongest supporters. The Minister will wish to bear in mind that on most issues she can rely on my support.

Police, Crime, Sentencing and Courts Bill

Baroness Neville-Rolfe Excerpts

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Lord Coaker (Lab)]

My Lords, it is good to stand to move this important amendment here this evening. I declare my proud interest as a member of USDAW and of the Co-Operative Party. Amendment 263, in my name and that of the noble Baroness, Lady Bennett, provides for a specific offence of assaulting, threatening or abusing a retail worker, punishable by up to a 12-month sentence, a fine or both. I also rise in support of Amendment 264, from the noble Baroness, Lady Neville-Rolfe, and my noble friend Lord Hunt of Kings Heath, which I am pleased to add my name to. It provides for increased sentencing where an offence of common assault, battery, threatening or abusive behaviour, or intentional harassment is committed against a retail worker. It provides for, on summary conviction, 12 months or a fine, or both, and, on indictment, a sentence of up to two years.

I am very proud to present these amendments; this is a crucial issue for all of us across this Chamber and, indeed, in the other place, and one which has huge cross-party support, as we all want to do more for our retail workers. I am sure that the Minister is only too aware of this. An amendment in the House of Commons recently received significant attention and support from the Government Benches as well as the Opposition Benches. The issue has been campaigned on for years by workers, unions, parliamentarians, people who are interested in it and by the retail industry itself. It is time for the Government to act, and this Bill provides them with the vehicle to do that.

I hope noble Lords will bear with me while I talk a little about the scale of the problem. The Co-operative Group estimates that today, across its stores, 12 shop workers will be attacked and more than 110 will be abused and threatened. The British Retail Consortium estimates that, across the sector, every day 450 shop workers are abused or attacked. None of us condones that or thinks that it is acceptable; none of us is anything other than appalled by that fact.

The truth is that it seems to be increasing at a considerable rate. The Co-op Group, again, estimates that, in stores across the UK, there was a 650% rise in violence and a 1,700% rise in abuse towards their colleagues between 2016 and 2020. So, clearly, there is a major issue which individual retail and shop workers are facing every single day. Yet was it not just a few months ago that we were all talking about how essential these retail and shop workers, and others working in this sector, were to all of us? The pandemic gave us the chance to recognise the importance of people who perhaps in the past we had taken for granted, but whose real service to us we now recognised.

I do not know about anybody else, but during lockdown, going to the shops sometimes to get an essential supply became a day out. I am sure we are all aware of that. It was a fact that in every shop, store, service station or garage you went to, you actually met somebody else, and, frankly, particularly at the beginning of the pandemic, we had no real idea about the consequences of the level of human interaction that retail workers were having to do every single day as part of their job to keep us supplied with food and the services we needed. We talk, quite rightly, about what police officers and other emergency workers did, but the bravery of those workers as well is something that I know we all salute.

Now is the time for us to say that we recognise what they did during the pandemic and the service they provided, and perhaps for the first time properly recognise the importance of what they gave to the community as a whole. Is it not now time for us, as legislators, to respect that and act to create an offence or do something that actually delivers for them and prevents some of the unbelievable abuse that they receive? Let us remember as well that sometimes, of course, shop workers are targeted simply for enforcing the laws that we pass, whether it be laws on age-restricted products, or indeed, during the pandemic, laws with respect to wearing masks, and so on.

We also have to challenge the police and others on those instances when crimes were reported but the response was not what we would expect it to be. It is true that the police need to recognise that it is regarded as a serious matter when somebody is abused or threatened in a shop. Indeed, according to a freedom of information request made in 2020 by the Co-op Group, and bearing in mind that only serious incidents are reported, the police failed to attend in 65% of the incidents reported in Co-op stores. We need to do something about that.

We have had a Private Member’s Bill from the Labour MP, Alex Norris. In the past three years, there have been two separate Private Members’ Bills, both of which received strong cross-party support. My noble friend Lord Kennedy would wish me also to point to his work in this area—I would be in trouble if I did not. The Scottish Government have introduced a new offence following a Private Member’s Bill brought forward by the Labour MSP, Daniel Johnson, again supported by USDAW. So it can be done, and we are looking to the Government to act.

While the Bill was in the Commons, the leaders of 100 brands, including Tesco, Sainsbury’s, IKEA and Aldi signed an open letter calling for greater legal protection for retail workers, again showing their support. Abuse is not part of the job, and it should never become normalised, common or accepted. Nobody should go to work expecting to face abuse, threats or violence, but if these do happen, people need to be confident that the system is on their side. The current situation clearly needs to change, and the only way to do that is through strong and decisive action in Parliament.

Despite overwhelming evidence of the problem and a clear call for action from workers, employees and representative groups from across the sector, we are still waiting for the Government to respond, in stark contrast to the Scottish Parliament. I look forward to the response from the Minister, who I know cares about this issue, and hearing how she will respond to the pleas being made. There is a perfect opportunity to address this in this Bill. It is time for the Government to act; the time for waiting has stopped. I look forward to the Minister’s reply.

[Baroness Neville-Rolfe (Con)]

My Lords, I offer strong support for adding a new power to this Bill to try to stop the disgraceful assaults on retail workers. I am glad that speaking today links me to my old friends at the trade union USDAW and the British Retail Consortium. I own some retail shares, notably in my previous employer, Tesco, and I should also refer to my register of interests.

It has been a very difficult 18 months for store workers. They have been the heroes of Covid, responding magnificently by keeping food on the shelves and delivered to our homes throughout. They have had to keep going relentlessly and cope with the bewildering array of changing Covid rules and regulations, often at a time when they are short-staffed because of the impact of the pandemic.

Nearly 3 million shop workers face a rising threat of violence as a result of customer anger at mask wearing, shortages and irritating or changing store guidance on Covid. This has added to assaults from those challenged for trying to buy alcohol, knives and so on illegally, and also attacks from shoplifters. I remember well dealing with what is probably now a relatively minor case when I was working in Tesco at Brixton. The woman concerned had several jars of coffee up her trousers and struggled and bit as we tackled her.

As the noble Lord, Lord Coaker, mentioned in his compelling speech running through the long history of this problem, the British Retail Consortium says there were 455 incidents a day at stores in 2020, despite a huge investment in security measures such as body cameras, guards and panic alarms. A lot of this is related to wider criminal activity such as knife crime and drug-taking. It is a real worry for small shops: attacks can affect their viability and contribute to the disturbing rate of high street shop closures. It is also a huge issue for the larger retailers, which is why so many of their CEOs, including those of various Co-op groups, have come together to call for action in a recent letter to the Prime Minister. I will give an example: when I approached Tesco for an update, it said it faced over 1 million criminal incidents in 2020-21 and estimated that, on current trends, this would increase by another 20% this year unless something was done.

E-scooters

Baroness Neville-Rolfe Excerpts

Monday 12th July 2021 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, the combination of e-scooters and the new electronic bikes, both often ridden dangerously fast along our pavements, is a real threat to the safety of pedestrians. They are also very nippy for criminal activity. What are the Government proposing to do to regularise the position now, not next March? We really want action, not round tables.

[Baroness Williams of Trafford (Con) [V]]

My noble friend has a point about the here and now. I said earlier that the police had in the last month seized 1,000 e-scooters that should not have been on the streets—or indeed, as noble Lords have said, on the pavement. They are in a different category from the e-bikes. You have to put some effort into propelling e-bikes forward, whereas scooters are entirely self-propelling.

EU-UK Joint Political Declaration on Asylum and Returns

Baroness Neville-Rolfe Excerpts

Thursday 28th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can confirm that those discussions have started, but I cannot comment on the status of ongoing negotiations.

[Baroness Neville-Rolfe (Con) [V]]

Does the Minister appreciate the growing evidence that some bogus asylum seekers are claiming to be the victims of trafficking and/or modern slavery in order to bolster their claims, whether they arrive from the EU or elsewhere? What measures does she propose to deal with this?

[Baroness Williams of Trafford (Con)]

I am very glad that my noble friend has asked that question, because the Home Secretary has outlined very clearly that we want safe and legal routes. She mentions trafficking and traffickers. Of course, at the heart of some of the small-boats activity are some of the worst types of criminality, committed by those who really do not have any care for the human lives that might be lost.

Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

Baroness Neville-Rolfe Excerpts

Thursday 10th December 2020 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I thank the Minister for her clear explanation, and I thank my noble friend Lord Horam for his fascinating historical perspective. I agree with all he said and all that was said by the noble Lord, Lord Green, the leading expert in this field.

The bad news is this: the country will expect this Government to bring about a significant reduction in immigration. That is, after all, what they implied they would do. But the current government plans will not bring this about. Accordingly, there is a real risk that this failure, as much of the electorate will see it, will be reflected in voter disillusion at forthcoming elections.

This is a minority view in elite circles and especially in your Lordships’ House. But time will tell. Meanwhile, we need to establish the facts, which successive Governments have proved very coy either to establish or to acknowledge. Therefore, I ask the Minister to explain how the Secretary of State plans to monitor the operation of these regulations, and the whole new points-based system, to establish quickly who is coming into the country in the various categories and from where.

Let us start with the numbers registered under the EUSS—some 4 million people, generously offered a home here under the withdrawal Act. Where in the EU have they come from, in both large and small numbers? Then add those waiting to be processed. “Processed” is probably the wrong word, but there is asylum, family reunion, arrival by boat across the channel, leave to remain, students—most of whom, I acknowledge, will return home—and other categories. What do the totals, both from the EU and elsewhere, look like, and what is the breakdown by occupation? Perhaps we could then see similar figures for those leaving the UK to get a net picture.

How up to date are the figures currently held by the Home Office? Given the huge numbers, it is vital that the Secretary of State has up-to-date figures. There is a parallel with critical movements or sales figures in a company. I remember doing home affairs at No. 10 in the 1990s, when the numbers were relatively small, and there were a lot of lags in the figures.

We are putting faith in the Government, which I support, and they have refused, to my concern, to introduce a cap or any other realistic measures of the kind proposed by the noble Lord, Lord Green of Deddington. The flow must be tightly monitored so that changes can be introduced when the need arises. I would like evidence that the data needed is being collected, perhaps by a powerful data and economic division reporting weekly to the Secretary of State, and not by the MAC, whose main interest is the supply of labour and talent to demanding employers.

I suspect, as has been said, that Covid will slow the numbers down as there are now so few jobs on offer, even for young UK citizens. But we need to spot when that changes, as the noble Lord, Lord Green, suggests, and act fast if it becomes a problem, hence my emphasis on reliable, up-to-date numbers. I would like the data to be published, but that might take time given cultural issues in a department such as the Home Office.

The use of data by Ministers to inform immigration policy is the most important thing of all. Better statistics would also help other departments to plan the infrastructure, health, education and housing needed. Lack of planning for such services, the resulting bottlenecks and fear for their jobs are reasons many normal people dislike immigration. My noble friend Lord Horam cited a graphic example from Barking and Dagenham, and we must make sure that is not repeated.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I understand that the noble Lord, Lord Bhatia, and the noble Baroness, Lady Uddin, have withdrawn, so I call the noble Baroness, Lady Hamwee.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Neville-Rolfe Excerpts

Consideration of Commons amendments
Monday 9th November 2020 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I support the position taken by my noble friend the Minister in her Amendments 4C, 4D and 4E. As noble Lords will know, I am not entirely in favour of the Bill. I do not like the fact that it applies to migrants from the EU only and, with other noble Lords, I sought amendments to the new system. For example, I remain unhappy about permitting those coming to work here to take jobs that have not first been advertised to talent here in the UK. This is perverse and will simply serve to increase unemployment. I am astonished that the trade union interest is so unconcerned about this.

However, the Bill is already overdue and, across the House, we all have an interest in getting it on to the statute book in time for people to understand the new rules when transition ends. I cannot support continued ping-pong and I ask the Opposition proponents of the proposals on unaccompanied children to show more responsibility. If they cannot—I detected a certain softening from the noble Lord, Lord Dubs—I hope that others across the House will do so and that this latest attempt at ping-pong will fail.

The fact is that the Government have made very substantial concessions—further than I would have gone, with experience of these matters from Downing Street in the 1990s. In particular, they have promised a review of legal routes to the UK, including for family reunion of unaccompanied asylum-seeking children, and committed themselves to meeting various parliamentary milestones. They have also promised bilateral negotiations with key countries on post-transition migration issues. That will be especially important in the unlikely event of a full breakdown of the FTA with the EU.

The government package should be accepted now and we should avoid the embarrassment of another round of ping-pong. To inform the review and thinking today, I make the following observations. Although I, too, celebrate the anniversary of Kristallnacht, we are no longer in the 1930s. In the Bill, we are talking about children coming from the EU—all countries that observe decency and freedom and are subject to the EHRC. Moreover, in the UK, despite beating ourselves up on occasions, we have a good record. There are various avenues for entering the UK as a minor. My noble friend the Minister has explained these in detail and why Dublin is not the only route. I will not repeat what she said, but I emphasise that since 2010, we have granted protection or other forms of leave to more than 44,000 children seeking protection. In 2019, we received 3,775 asylum claims from unaccompanied children—more than any other EU member state.

The latest tragedies in the channel do not change any of that. They do, however, underline the view, shared by us all, I think, that we need a system that encourages safe and legal routes and does not encourage child trafficking of any kind. However, we know from Swedish and US experience, which I am happy to share, that special arrangements for admitting unaccompanied minors can, sadly, be counterproductive. Done in the wrong way, they can mean that the criminals have an incentive to separate children from their relatives, and then they can, unfortunately, end up being trafficked for sex or as drug runners. Some have also suggested that where children come on their own—for example to link up with an aunt or a sibling—it often does not work out and they end up in care. Despite the best efforts of many well-run local authorities, this, as we know from a series of appalling metrics and individual cases, is the worst possible place for a good start in life.

A review, as now proposed by the Government, is needed before further changes are made. Moreover, as I argue on everything from pensions and agriculture to coronavirus, a proper costing must be done and resources identified to make any change of policy a success. I say to the noble Lord, Lord Dubs, that a defeat today for the Government on this will not help them with the important negotiation on these and other issues currently taking place with the EU. I thank the Minister for the amendments tabled by the Government and urge noble Lords to let the Bill get on its way to Royal Assent.

[The Lord Bishop of Southwark]

My Lords, I speak in favour of the amendment moved by the noble Lord, Lord Dubs. In doing so, I speak not only on my account but also in place of the right reverend Prelate the Bishop of Durham, who is locked down in the north-east and therefore, because of the procedures for consideration of Commons amendments, is unable to speak on this amendment, although that had been very much his intention.

Family life and kin relationships are vital in many parts of the world to ensure survival. Even in the UK, family means the difference between misery, destitution and poor mental health and a life where, even in the most difficult circumstances, there is practical care, support and love. Thus, I, too, welcome the Government’s steps towards ensuring safe and legal routes, including the commitment in case of a no-deal Brexit, to pursue bilateral negotiations on arrangements for family reunion, which I trust they will seek to ensure are equivalent to the Dublin regulations. I welcome the Minister’s commitments and await with interest her further comments following what the noble Lord, Lord Dubs, just said.

However, a step in the right direction is not the end of the journey. While a review of safe and legal routes is welcome, these steps do not directly deal with what will happen when the UK leaves the Dublin system at the end of the year. Nor does a review safeguard existing routes, which we already know to be worth while and effective. These high standards and guarantees in refugee protection will fall away and the routes will close down.

Throughout the Bible, there is teaching on the necessity for our actions to match well-intended words. Thus, in the Old Testament, the prophet Micah reminds us that we are to act justly, to love mercy and to walk humbly, not just to speak of justice or mercy. I therefore point out that your Lordships are seeking action rather than reviews. We are asking for a concrete commitment to walk down the path of justice and mercy for those seeking refuge, most especially unaccompanied children.

There are many areas of government migration policy on which we already await reviews. In particular, we wait for one on asylum seekers’ right to work and another on the impact of hostile environment measures, to which the Government have already committed as part of their response to Windrush. In neither case is there as yet a clear timetable. A review is not action. A review without a timetable is not a review any time soon. In the meantime, the need is pressing and ongoing. We require action to fill the legislative gap that will otherwise open up in January to the detriment of some very vulnerable individuals.

Securing satisfactory family reunion rights is an important part of a wider picture, ensuring not only safe and legal routes but also an effective, functioning, humane asylum system. The noble Lord, Lord Dubs, recognises this. As he has explained, his amendment seeks to remove a gap in provision. He is an individual of great sensibility and experience in these matters and commands widespread respect across the House. On an issue in which compassion and humanity must be at the forefront of our response, I hope that your Lordships will demonstrate the necessary independence of spirit which these children and their families require of us. I support his amendment.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Neville-Rolfe Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 21st October 2020 Lords Chamber

[Lord Cormack (Con)]

My Lords, here we go again on this one. I have not been persuaded any more by my noble friend—whom I hold in very high regard—this evening. She regurgitated the brief from last time, with a few little gildings, and did not convince me at all.

We are dealing with EU citizens. As my noble friend Lord Polak said very forcefully, they are being discriminated against in comparison with other foreign citizens resident in this country. This amendment asks for an option. If there was a weak point in the argument of the noble Lord, Lord Oates, in the previous debate and a strong one from my noble friend on the Front Bench, it was over the issue of cost. The noble Lord has dropped that, and he is wise to do so. Frankly, people who want this physical proof will, I am sure, be glad to pay for it, whether it is £28 or, to take my noble friend’s figure, £75. There are ways and means of ensuring that those who cannot afford £75 are able to do it.

We must not stumble on this particularly weak, faulty argument of the Government. I say “of the Government” because I like to think that my noble friend the Minister, who is held in genuine high regard in this House, is, as the noble Baroness, Lady Ludford, said a few moments ago, a woman who has demonstrated that she does care. She has not been given a kind brief. She is acting as a mouthpiece for a government department that does not have a history of great humanity.

Windrush was mentioned. If many of those people who suffered as a result of maladministration—and that is what it was—had had this sort of physical proof, we would not have gone through those agonising moments, and months, and years. This is common sense.

As far as the fallibility of the technology is concerned, my noble friend Lord Polak gave an up-to-the-minute example. We have heard many examples in your Lordships’ House since our last debate. One day last week, we had to adjourn for albeit not a long period, because the system had malfunctioned in some way.

We also must bear in mind that many of those about whom we are talking are of the generation that many of us in this House belong to. We are behaving in a rather arrogant way towards people who are not used to these systems. It is not a crime to be not particularly technological; if it were, I should be locked up for life. One sees the same sort of arrogance creeping in with those who say that we should have no more cash or cheques with which to pay our bills. We need to recognise that the whole of our society should be treated in a fair and equal way. What is being suggested this evening by the Government is that they should not be treated in a fair and equal way.

I appeal to my noble friend, who cannot—and does not, I know—believe in discrimination and who believes in fairness and equity, to do as I urged her to do last time: for goodness’ sake, tear up the brief and accept the argument. I know that these things are formulaic—I sat in the other place for 40 years—but the only reason the Government can dredge up is cost. Well, we have dealt with that one through the revised amendment.

Let us move forward. I will certainly vote for the revised amendment in the name of the noble Lord, Lord Oates, as I voted for his last one. I hope that I will not need to; I hope that none of us will need to. I hope that, if we do need to and it goes back to the other place, the other place will have the guts and the gumption to realise that we are not driving a coach and horses through any party-political policy and that we are not doing anything against the Government because they are a Conservative Government—a slightly odd one, but that is another matter. We are making a plea for people who, in many cases, are extremely vulnerable; who have made a real contribution to our society; who have lived in our country and made it their own in many ways; who love the place and who have served it, many of them with great distinction.

Please, let us be sensible. Let the Government be sensible. If it is necessary, let us give the noble Lord, Lord Oates, another thumping majority tonight.

[Baroness Neville-Rolfe (Con)]

My Lords, there are three strong arguments that support my noble friend the Minister’s position and the Government’s decision to seek to reverse the Lords amendment.

The first is the cost, which, as we heard on Report, might be more than £100 million. I know that £100 million seems like tuppence ha’penny after discussions about Covid but it is a very large sum. The movers have brought the cost down by proposing a charge, which the Minister says will be £75 on that basis. We must accept the Government’s figure; I know that the noble Lord, Lord Oates, argued that the cost is less but I am sad to say that, in my experience, government estimates are usually under-estimates rather than the reverse.

The second argument—this is the one that I feel most strongly about—is that there is always a risk of error and enhanced fraud with two versions of the truth, with one online version and one paper version. I do not think that that issue has been addressed properly in our debates.

The third argument, which this House may not like, is that digital is the way of the future; in my experience, everyone emphasises that unless they are pleading for a special case. In the words of my noble friend the Minister, digital by default is what we need because it gives access from anywhere from lots of different digital devices. It is precedented: as we have heard, digital ID has been used in Australia. Moreover, none of us worry about US ESTAs, which have the merit of providing one version of the truth. My noble friend also committed the Government to giving extra support to those who need help coping with the system; I am sure that DWP will also help.

I am afraid that I must disagree with the other noble Lords who have spoken. We should look forward, not back, and reject this proposal.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am tempted to support this amendment, moved by the noble Lord, Lord Oates, as we both approach the anniversary of our entry into this House, five years ago. I urge my noble friend the Minister to keep an open mind on this amendment and to agree to it.

As I reminded my noble friend, in 2014-15, the Government—at that time, it was the Defra department —tried to introduce a digital-only farm payments scheme. It was scrapped because it simply could not be delivered and the department reverted to paper-only applications. I remind the House that many of the applicants will live in rural areas—they will not all live in inner-city areas and major towns—where broadband is woeful. Many existing not-spots do not have the capability to carry this scheme. The Government acknowledged this recently and are backing down from their commitment to universal coverage by 2025, so they recognise the limitations of their digital by default-only policy.

I remind the House that on 16 October, the National Audit Office reported that broadband users in rural areas are being left behind in major network upgrades. The Home Office should recognise that there is not universal coverage of the broadband and internet technology that will be required to deliver the digital service by default. While I have the greatest regard for both my noble friends Lady Neville-Rolfe and the Minister, we have to accept that some 5% of people are living in the hardest-to-reach areas. In my view, this digital-by-default policy is being driven by an unelected adviser whose respect for the rules and the law is less than exemplary, and I think that he should join the real world with regard to some of the policies being brought forward.

The other difficulty I have with this policy is a very real one. I remind the House that my mother became a naturalised Brit, having come over to Britain from Denmark via Germany in 1948. What grieves me most about the policy that we will end up with without the amendment in the name of the noble Lord, Lord Oates, is that most of the applicants do not have English as their first language; it is not their mother tongue. In the words of my noble friend Lord Cormack, why are we seeking to discriminate against people in this way? I therefore urge my noble friend to show the big heart and affection that she has for these people and make sure either that we adopt the amendment in the name of the noble Lord, Lord Oates, in lieu of his earlier amendment for the reasons he has given, or that the Government should come forward with an amendment of their own. Digital by default in these circumstances is not going to work.