Code of Practice on the Recording and Retention of Personal Data in relation to Non-Crime Hate Incidents

Baroness Pitkeathley Excerpts

Wednesday 26th April 2023 Grand Committee

[Lord Bourne of Aberystwyth (Con)]

My Lords, I certainly do not want to oppose the adoption of this code but, as the Minister said, it is important that we look at it in a proportionate way, because it is important that these statistics are available to the police and to ensure that we have good communal relations. At the time of the terrorist attacks in Manchester, London and elsewhere it was extremely important that these statistics were available. I would not want—I am sure that noble Lords would not either—a message to go out today that this is to scrap the process of looking at non-crime hate incidents. It is important that we build up a picture and that we say, as my noble friend Lord Jackson just did in relation to Stephen Lawrence and the Macpherson inquiry, that it is recognised how important this is as the basis for acting. There is broad agreement across the country about that, and among police forces.

I do not want to have a pop at the College of Policing—I do not know the substance of what is alleged—but it is important that we preserve the sense of proportionality that is at the essence of this. It is easy to characterise something as Orwellian, but let us dig down to the truth of what is actually happening out there and the importance of keeping this information-gathering in communities up and down the country—communities perhaps not like the ones in which many of us live. Of course, freedom of speech is important, as is the point about not characterising people as criminals. I fully support that, which is why I think that these regulations and the code that we are looking at are so important.

I have a couple of questions for my noble friend the Minister. First, what is the cost of this whole exercise? I appreciate that he might not have the answer to that, so perhaps he can come back to me if he does not have the figures. Secondly, as my noble friend Lord Jackson mentioned, the Secondary Legislation Scrutiny Committee was critical of the process of consultation with regard to these regulations, on two, or possibly three, bases. Why was there not a formal consultation? With regard to the consultation that—

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, there is a Division in the Chamber. The Committee will adjourn. We understand that there are two back-to-back votes so, for the convenience of the House, we will reconvene in about 20 minutes, after both votes have taken place.

Covid-19: Domestic Abuse of Older People

Baroness Pitkeathley Excerpts

Tuesday 1st December 2020 Lords Chamber

[Baroness Pitkeathley (Lab) [V]]

Does the noble Baroness agree that in order to prevent abuse, we must provide as much support as possible in caring situations? Social care services are already under huge pressure, with many curtailed or withdrawn due to the pandemic. Many of the care staff employed to provide these services are from the European Union and will not be available in the new year. What provision is the noble Baroness’s department making to replace these vital workers?

[Baroness Williams of Trafford (Con)]

The noble Baroness points to a situation which has gone on for far too long where we have imported some of our domestic labour at lower wages. We—and certainly providers of social care services—need to think about paying decent wages to do what is an incredibly valuable job.

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

Baroness Pitkeathley Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Lords Chamber

[Lord Morrow (DUP) [V]]

My Lords, I am pleased to add my support to Amendment 27 in the name of the noble Lords, Lord McColl, Lord Alton and Lord Kennedy, and the noble Baroness, Lady Hamwee. In Committee, when introducing my Amendment 81, I made plain my grave concerns about the possible negative impact that ending free movement will have on victims of modern slavery. I said then, and I reiterate today:

“I am not opposed to the end of free movement.”


However, as I said then,

“it absolutely does not follow that we have to create a situation in which a significant proportion of trafficking victims have uncertain immigration status and will lose recourse to public funds.”—[Official Report, 16/9/20; col. 1343.]

This, however, is precisely what will happen, courtesy of the Bill before us, if the Government do not accept Amendment 27.

With the ending of free movement, victims of modern slavery who are EEA nationals and who arrive in the UK from 1 January onwards will no longer be entitled to stay in the UK or to access benefits, beyond the period of support granted under the national referral mechanism. This means that the effective rights of these confirmed victims of modern slavery will be subject to significant erosion, and there is currently nothing in the Bill to put in their place.

As the noble Lord, Lord McColl, said, from next year EEA victims, who have never enjoyed the option of asylum that many non-EEA victims can access, will lose the immigration status and recourse to public funds that they currently enjoy through treaty rights. The only remaining option for victims from EU countries to gain a credible immigration solution will be through an application for discretionary leave to remain. All victims can seek discretionary leave at present but, as with accessing the option of asylum, EU nationals are again at a disadvantage. Unlike victims of other countries, victims of EEA countries are not, at present, automatically considered for a grant of discretionary leave.

Amendment 27 would remedy this difference and ensure that all EEA nationals who are confirmed by the NRM as victims of trafficking are given a grant of leave if they meet the criteria set out in the amendment, which are similar to criteria by which applications are currently assessed under guidance. I urge the Government to support this amendment to ensure that there is a clear route for EEA nationals to have the option of immigration security and recourse to public funds to enable them to recover.

In reflecting on this, we must not forget that care for confirmed victims of modern slavery is not just about fulfilling our moral obligations to the victims, who, let us not forget, have been exploited in the UK; it is also in our self-interest. There is no point spending taxpayers’ money finding victims, then taking them through the national referral mechanism, only to release them without the requisite immigration security to enable them to access the kind of help they need to recover. Failure to provide them with security and tailored support will leave them vulnerable to being re-trafficked and make it impossible for them to have the space needed to consider giving evidence against their traffickers in court. This is unsustainable. Securing increased testimony from victims in court is crucial if we are to see an increase in the stubbornly low conviction rate of traffickers.

In reflecting on these imperatives, the truth is that, while we badly need Amendment 27 to pass today, we also need a more far-reaching solution that provides immigration certainty and support for all confirmed victims, including UK nationals. This is a position which all 27 organisations that make up the Free For Good campaign agree with. That is why the Modern Slavery (Victim Support) Bill, introduced to the House by the noble Lord, Lord McColl, and sponsored in the other place by Sir Iain Duncan Smith, is so important.

It is odd that if someone is recognised as a refugee they automatically get five years’ leave to remain, but if they are recognised as a confirmed victim of human trafficking they get no statutory leave to remain on that basis. I am not entirely sure why we consider that we have a lesser obligation to people whose lives have been exploited and traumatised in the UK than we have to refugees. I am not saying for a moment that the way we treat refugees should become less generous. I am not saying that at all. My point is simply that we should treat confirmed victims of modern slavery more generously.

The Modern Slavery (Victim Support) Bill states that, once someone has been through the national referral mechanism and is a confirmed victim of modern slavery, they should be offered specialist tailored support to help them recover and a minimum of 12 months’ leave to remain to access that support. In that context, they will be protected from re-trafficking and be much more likely to have space to consider giving evidence against their traffickers in court.

Moreover, it will benefit not only England and Wales but Scotland and Northern Ireland by providing immigration security to those who are given support after they have been in the NRM. I note that, in the commemoration of UK Anti-Slavery Day later this month, a Motion is to be debated at Stormont on 13 October that calls on the UK Parliament to pass the Modern Slavery (Victim Support) Bill.

In conclusion, I hope the Minister will agree to act to ensure that there is a clear immigration path for confirmed victims of modern slavery who are EEA nationals, and to accept Amendment 27. To lead the way on modern slavery and to take immigration policy back into the hands of the UK Parliament, I call on the Government to make time for the Modern Slavery (Victim Support) Bill to become law by the end of the year. In the 2017-19 session, it cleared the House, unamended, in less than four hours. If the Government want it, this very Conservative Bill—sponsored, as it is, by a former leader of the Conservative Party and the noble Lord—could easily become law by Christmas. Rather than inaugurating the Brexit era on 1 January by eroding the effective rights of some confirmed victims of modern slavery, we could strengthen the rights of all victims, on a basis that, as the University of Nottingham’s Rights Lab has demonstrated, will save the Government money.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

My Lords, the noble Lord, Lord Randall, has withdrawn and I understand that the noble Baroness, Lady Bennett, is no longer with us. The noble Lord, Lord Naseby, has also withdrawn, so I call the noble Baroness, Lady Hamwee.

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[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

My Lords, we come to the group consisting of Amendment 27A. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 27A

Moved by

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

Baroness Pitkeathley Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

Amendment 5 not moved.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

We now come to the group consisting of Amendment 6. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in the debate.

Amendment 6

Moved by

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[Baroness Smith of Newnham (LD)]

My Lords, in the previous group of amendments, my noble friend Lady Hamwee suggested she did not want to do the Government’s job for them. On this occasion, I beg to disagree with her and hope that maybe I can begin to do the Government’s job for them. In Committee, there were criticisms of certain amendments being put forward because they related only to EEA nationals. In particular, the noble Baronesses, Lady Bennett and Lady Lister of Burtersett, said that if they had been able to they would have created amendments that were holistic, but they were told that such amendments would be out of scope because the Bill is limited to immigration responding to the context of Brexit.

My starting point on reading this amendment was simply to ask why. If one had a normal debate in which one could intervene, particularly at an earlier stage—in Committee, not on Report—the obvious thing would simply have been to jump up and intervene on the noble Lord, Lord Green of Deddington, moving the amendment and ask why. The question of a cap for EEA nationals raises all sorts of questions which I hope the Minister will say are not acceptable in the context of the Bill, because why should there be a cap on EEA nationals? Whether you believe in cakeism—as the Prime Minister does—or, like the noble Lord, Lord Horam, you are trying to find a way to meet the concerns of those people who want to limit immigration and those who want a more open approach to immigration, there is surely a question of why there should be a cap on EEA nationals. I can only assume that it is because those noble Lords who tabled the amendment could not bring in a cap more generally.

It will come as no surprise that, from these Liberal Democrat Benches, I am not in favour of a cap. In particular, some of the concerns raised by the noble Baroness, Lady Neville-Rolfe, and the noble Lord, Lord Horam, seem to relate to questions of migration much more generally. We are talking about the context of the transition period ending on 31 December and a change from 1 January. Are we really anticipating that, all of a sudden, millions of EEA nationals who are not currently in the United Kingdom will want to rush to the United Kingdom to fill jobs? I do not think we are. Surely, if we are interested in fairness, as the noble Lord, Lord Horam, talked about, we should think about everybody who might want to come to live and work in the UK. Why should there be a separate status in that sense for EEA nationals?

I cannot see a case for this amendment, and I hope the Minister might, for once, actually agree with me.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

My Lords, the noble Lord, Lord Randall, is not speaking on this amendment, so we will go directly to the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I agree with every word that the noble Baroness, Lady Smith of Newnham, has said, and she is much more polite than I feel able to be. This amendment is nasty and it is pointless. It is nasty because it panders to a right-wing obsession with immigration caps that are utterly arbitrary—on an arbitrary group of people or a number—and it is pointless because the Bill already removes freedom of movement. Can we please not bother debating this any more? It is not worth it.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

The noble Baroness, Lady McIntosh of Pickering, is no longer speaking, so we will go directly to the noble Lord, Lord Naseby.

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[Baroness Williams of Trafford (Con)]

I thank the noble Lord, Lord Green, for retabling his amendment; I acknowledge and respect his expertise in this area. I also apologise for allowing the noble Baroness, Lady Smith of Newnham, to intervene because I have now set a precedent. I should never have done that. No one is allowed to intervene.

The amendment effectively intends to reintroduce an annual limit on the number of people who may be granted permission to enter the UK to take up skilled employment. The existing cap, which the Government have committed to suspending, is set at 20,700, and is administered on a monthly basis to those seeking entry clearance as a skilled worker. As outlined in Committee, this sounds like a very sensible measure to control and limit migration to the UK, but we cannot know how many people will seek to come to the UK using the new skilled worker route. The impact of some of the key changes, including the expansion of the skills threshold and the reduction of the general salary threshold, is also unknown. Where possible, Home Office analysts have tried to predict possible impacts, and the points that the noble Lord, Lord Green, made so eloquently may well come to pass.

The amendment provides an opportunity for me to reinforce the importance of implementing a flexible immigration system. Our proposals will do that and ensure that the system can be adapted and adjusted, subject to social and economic circumstances—to which the noble Lord, Lord Paddick, alluded—but we cannot get away from the fact that the amendment would add to the burden on businesses, considerably slow the process of recruiting a skilled migrant, and create uncertainty among employers.

Any cap, including the one we have at present, creates an odd dynamic when it binds us to consider a migrant a valuable addition one month but unwanted the next. This may only be a perception based on the mechanics of a cap, but it is a perception that we want to address, instead focusing on our commitment to continue to attract those with the skills and talents that we need.

The noble Lord highlighted three issues with suspending the cap. The first issue is that an estimated 7 million UK jobs will be open to new or increased international competition. However, these jobs are currently under more competition due to freedom of movement. The imposition of any control, instead of allowing free movement to continue, protects those jobs. Ending free movement and requiring an employer to meet the requirements of being a Home Office licensed sponsor and pay relevant immigration charges, including the skills charge, makes the employment of a resident worker the simpler option. Again, I draw your Lordships’ attention to the Migration Advisory Committee’s September 2018 report on the impact of EEA migration in the UK. It said that it did

“not believe that the welfare of existing residents is best served by a cap for two reasons. First, the cap, when it binds, constrains inflows of a group of migrants which the evidence suggests are the most economically beneficial … Second, the cap creates unpredictability when it binds as there can be sharp increases in the minimum salary threshold that skilled visa applications face.”

The salary requirements rise as this is the mechanism for selecting which roles are granted permission.

The noble Lord’s second issue is that the number of potential applicants is huge. That has always been the case. The advancements in education around the globe and the increase in populations inevitably mean that more people can qualify as skilled migrants. Addressing the point made by the noble Lord, Lord Paddick, the MAC also said:

“We believe that if the Government wants to reduce migration numbers it would make more economic sense to do so by varying the other aspects of the scheme criteria”.


Therefore, we have retained the immigration skills charge in the future system and will continue to operate a range of salary thresholds.

Thirdly, the noble Lord advocates that there would be a great incentive for employers to go for cheap, competent, non-unionised workers. To this end, we are maintaining the position in our new immigration system that those under the skilled worker route be paid a minimum salary level, which has been calculated so as not to undercut domestic workers. The level and operation of salary thresholds has been based on the advice of the MAC. I am sure that the noble Lord would agree that considering the impact of policies on the UK’s economy is an area that the MAC excels in.

Maintaining a sponsor licence also requires compliance with UK employment laws on treating employees equally. We completely accept that the first stage in our plans for the points-based system will need monitoring to assess the impact of the changes on the resident labour market and key sectors, and we are committed to doing just that. On the basis that we are maintaining robust protection for resident workers and providing certainty for UK businesses and employers, and because the key expert advisers have said that we should not apply an annual cap on skilled workers, I hope that the noble Lord, Lord Green, is happy to withdraw his amendment.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

There are no requests to speak after the Minister, so we return to the noble Lord, Lord Green of Deddington.

[Lord Green of Deddington (CB) [V]]

My Lords, I thank the Minister for her response, which I will study very carefully. I welcome her indication that the Government will keep a close eye on the numbers. I hope that that will not exclude the possibility of introducing a cap if, in the light of experience, they feel that they should move quickly.

I am grateful for the widespread and powerful support from most noble Lords who have spoken in this debate. The noble Lord, Lord Paddick, rightly appreciated that the proposed cap was to apply to immigration as a whole from 2021. Leaving aside the mechanics of this Bill, the policy issue is for immigration as a whole from next January.

I would like to correct one misapprehension which is important. We are not suggesting that 6 million or 7 million people will arrive. That is the number of jobs that will be open to competition under the new regulations. Having said that, I beg leave to withdraw the amendment.

Amendment 6 withdrawn.

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

We now come to the group consisting of Amendment 7. I remind noble Lords again that Members, other than the mover and the Minister, may speak once only and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in the debate.

Amendment 7

Moved by

Brexit: Refugee Protection and Asylum Policy (EUC Report)

Baroness Pitkeathley Excerpts

Tuesday 22nd September 2020 Grand Committee

Motion agreed.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, that concludes the business before the Grand Committee this afternoon. I remind Members to sanitise their desks and chairs before leaving the Room. The Committee stands adjourned.

Committee adjourned at 5.01 pm.

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

Baroness Pitkeathley Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

Amendment 22 withdrawn.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, we now come to the group consisting of Amendment 23. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division, should make that clear in the debate.

Amendment 23

Moved by

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[Lord Flight (Con)]

My Lords, I thank the Minister for her response. She covered such a large amount of territory that I am not certain I have taken it all in, but it struck me that there was the possibility that EU citizens living here might be in a slightly better position than British citizens who have been living in the EU.

I well remember that when we were joining the EU, a number of British civil servants went across to work for the EU in the same way as they might otherwise have worked for the Civil Service here. I think it important, particularly for good relations going forward, that British citizens who have lived in the EU with spouses who are not British have a fair deal, one that is better than the deal of those who are not British citizens.

While withdrawing this amendment, I hope the Government will look at this in greater detail and see whether a slightly more generous package cannot be made available for British citizens.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, I apologise, but I have just received a request to speak after the Minister from the noble Baroness, Lady Hamwee.

[Baroness Hamwee (LD) [V]]

My Lords, I simply ask the Minister what she would advise a couple, one British and one an EU national, who both have elderly parents. She is suggesting that they should pick between them for future care by the end of 2022. Is this really a humane approach?

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Amendment 24 not moved.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

We now come to Amendment 25. I remind noble Lords again that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 25

Moved by

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Amendment 25 withdrawn.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

We now come to the group consisting of Amendment 26. I again remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear during the debate.

Amendment 26

Moved by

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[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, we now come to the group beginning with Amendment 30. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or the other amendment in this group to a Division should make that clear in debate.

Amendment 30

Moved by

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am not sure whether the noble Lord is speaking to the same set of amendments as we are. We are speaking to Amendments 30 and 68. It might be convenient to move on to the next speaker and then return to the noble Lord. I apologise if he was speaking to this group, but perhaps we could hear him after the right reverend Prelate the Bishop of Durham.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

We shall try to return to the noble Lord, Lord Ramsbotham. I call the right reverend Prelate the Bishop of Durham.

[The Lord Bishop of Durham]

My Lords, I support Amendments 30 and 68. I declare my interest as recorded in the register as receiving research support from the Refugee, Asylum and Migration Policy project. That project, RAMP, involves a diverse network of parliamentarians working together. There are four principals: myself and three from the other place, one each from the Liberal Democrats, the Labour Party and the Conservative Party. We work together to support constructive and practical changes to ensure that the UK has a migration system fit for a successful and integrated Britain. As noble Lords can imagine, with such a diverse group of parliamentarians we do not agree on everything, but we have consistently agreed that the charging of excessive fees for citizenship is simply unacceptable.

It is a straightforward principle that those to whom Parliament has granted a right to citizenship should not be barred from registering that right by its cost. Citizenship is not a product to be sold; it is a right. As they aspire to be outward-looking and global, this Government should be seeking to make it more straightforward for people to exercise their rights to register their status as citizens.

I wish to speak specifically about the issue of children who, although they fairly regard themselves as British, may not even realise that they are not in fact properly registered as British citizens. When they realise it, prohibitive and regressive fees of more than £1,000 can prevent them from then exercising their right to registration. We have already been reminded that last November the High Court found what it called a “mass of evidence” that a significant number of children in particular cannot afford the citizenship registration fee.

Amendment 68 would specifically require that no fee for someone to register as a British citizen is set above the administrative cost to the Home Office. We have heard the figures already so I will not repeat them. It is a surplus that is indefensible for those who have a clear right to British citizenship, and to use that as a cross-subsidy of the rest of the Home Office’s work leaves many of us deeply uncomfortable.

Some may regard the price as a good deal for British citizenship. I am afraid that for many affected, such a price is simply unaffordable. It is the poorest who will be most affected. Moreover, it is iniquitous to charge a high fee simply to register a status that is a person’s right. The role of the Home Office is simply to recognise the rights granted to these people by Parliament and get them registered as citizens.

I specifically draw attention to the situation of children in local authority care, and I pay tribute to the ongoing work of the Children’s Society on this issue. These are among some of the most vulnerable children among us and are already marginalised. There should simply be no fee for such a child to register their citizenship. Where children cannot afford even the administrative cost of registration, they should not be excluded from their citizenship rights.

We have already heard powerfully from others the parallels with the Windrush scandal, the shame of which still hangs over the Home Office. We really must avoid any repeat.

I look forward to hearing the Minister’s response to these amendments. I hope she will agree with me that the Home Office has no business erecting barriers, financial or otherwise, that prevent people registering as British citizens, particularly children, when those people have been granted that right by this Parliament.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

We shall go back to the noble Lord, Lord Ramsbotham.

[Lord Ramsbotham (CB) [V]]

My Lords, I have nothing to add to what the other speakers have said so powerfully. I look forward to the Minister’s response.