Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for introducing these regulations. It is a pleasure to follow the noble Baroness, Lady Gardner of Parkes.

I understand that this instrument would align the legislative regimes in place across juxtaposed control sites by extending the powers that immigration officers have to use reasonable force, where necessary, at sites such as Eurostar terminals and operations at Calais and Dunkirk.

Like the noble Baroness, Lady Jones of Moulsecoomb, I have certain concerns about this piece of legislation. As a consequence of it, we are all too aware of the tragic scenes of migrants in Calais living in horrendous conditions, fleeing war-torn countries, facing a life of uncertainty and wanting to come to the UK. In dealing with these people, a humanitarian and compassionate attitude is required while working within the legislative requirements. Many of these people have had to make the choice to leave their war-torn country, having been separated from their family and neighbours. Their villages in Syria, Iran and Yemen have been destroyed.

In that context, I have several questions for the Minister. The House of Lords Secondary Legislation Scrutiny Committee noted that this was an instrument of interest and, in its report, indicated issues around reasonable force. Due to the fact that thousands of attempts have been made by individuals seeking to enter the UK illegally via the northern French seaports every year, and with many of those individuals not necessarily complying with immigration processes once intercepted due to the terrible conditions that they are fleeing from, it is considered necessary to grant Border Force officers at seaports the power to use reasonable force.

Can the Minister explain what is meant by “reasonable force” to take fingerprints? Will these people be restrained in some way? Will some form of physical force be used? Will they be placed in detention? Are these fingerprints taken for the purposes of deportation from the UK? What steps will the Government and Border Force officers take to ensure that no forms of xenophobia are displayed towards migrants? Will such elements of reasonable force be human rights-compliant? Have the various human rights organisations commented on this instrument and assessed its compliance with human rights legislation and international requirements in terms of respect for human beings?

I note that no impact assessment was required, a fact that was raised in the other place. Why was that the case? The order will have an impact on Border Force officials and on the individuals who could be subjected to reasonable force—of which I would like a definition. If that is the case, surely an impact assessment is required if there is going to be a significant impact, as this will be a much-enhanced operation when considered alongside the original work.

The Explanatory Note states:

“The Home Office has consulted with operational partners, as the persons most likely to be affected by the matters in this instrument, and are continuing to work with them to implement this instrument.”


Who are these operational partners and what is the nature and extent of their work?

When is the Home Secretary bringing forward the sovereign borders Bill to reform asylum, including curbing litigious human rights claimants who seek to delay their deportation from Britain after their cases are reviewed? I understand that such legislation, which is very worrying, will make provision for judges to place more weight on asylum seekers’ criminal records when considering their appeals against deportation. Is this instrument stage one in the process as the Government move towards the sovereign borders Bill and its implementation?

I am sad to say that I do not see much of an element of social justice in this piece of legislation. With the Covid-19 pandemic still raging, what are the requirements for quarantine arrangements for the migrants, who have already been subjected to so much terror and trauma in their lives? I look forward to the Minister providing answers to these questions.

Domestic Abuse Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Lord Rooker (Lab) [V]]

My Lords, I agree entirely with the points made by my noble friends Lord Kennedy of Southwark and Lord Hunt of Kings Heath. In some ways I applaud the Government’s amendments, and want to elaborate on one aspect—that of not being restrictive of the location, giving an example regarding education establishments.

Going back a long time to around the early 1990s, I had a couple of constituency cases which might in modern times amount to sheer stalking. The two unconnected complaints from constituents were that the perpetrator—we will use that term—was loitering outside the college where they had gone to do a course. One of them said that she was not really that interested in the course, but it gave her a regular place outside the house, which was good. The perpetrator would loiter on the public highway, particularly at break times, and she said, “He was trying to see if I spoke to anyone, because I am not supposed to speak to anybody other than him.” Now we know more about coercive control and widespread domestic abuse. While the definitions of “educational establishments” or “work” might be a bit tricky, this cannot just be confined to the home, because, as both my noble friends have said, people can leave their home to go to work for financial independence, but my example was of someone who decided to do a course because it was regular and got them out of the home. Because it was a regular place the perpetrator knew where they were going, and therefore that ought to be included when the Minister thinks about this and comes back on Report.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, particularly on this subject. I believe that there is an open door here when talking about the protection of abused people. At Second Reading, I stated that the Domestic Abuse Bill has the potential to deliver a step change in the national response to domestic abuse but that the legislation requires significant change to tackle gaps in the system and ensure equal protection and support for all survivors. I believe that this suite of amendments offers in a small way the opportunity to protect those who have been abused.

I support the amendments in this group in the names of my noble friends Lord Kennedy and Lord Hunt, as well as those from the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, as they are trying to strengthen the powers for dealing with domestic abuse.

Many people are abused not only at their place of residence but also at their place of work. In many instances, prior to the pandemic, people spent longer at work or an educational institution each day than at home. Strict provisions need to be put in statute to ensure that the person who is abused feels safe and is protected. If they have children at home, they should also be protected and should not be exposed to the type of abuse levelled at their mother, or be caught up in the tension that the abuse engenders. In particular, I refer to the amendments in the names of my noble friends Lord Kennedy and Lord Hunt of Kings Heath, which seek to ensure that those who make domestic abuse protection orders have discretion to consider the workplace as well as the home.

In many cases, the perpetrator will also seek out the person they wish to abuse, whether a former partner or an existing partner, in their place of work. I have some direct experience, involving an employee, of where the legislation was too weak. A lady who was a cleaner for us was deeply frightened and obviously did not wish to talk about it. The person carrying out the abuse stalked her place of work, waiting for her to go into and come out of work, and was quite intrusive when we were dealing with constituents who came into the office. Noble Lords can imagine that that type of abuse was levelled not only at his partner but at other people. The nature of the cleaner’s work meant that she worked in other places, and he followed her there and waited outside those houses until she came out. She was therefore continuously abused at her places of work. People in these circumstances deserve full protection under the provisions that may be made by the notices, and careful attention must be given to further provisions in the requirements that may be imposed by orders.

The Minister’s amendment, Amendment 75, while important and a welcome development, should include the workplace. I have no doubt that my noble friends Lord Kennedy and Lord Hunt will return to this issue on Report, when I shall be very happy to support them. Perhaps in winding up, the Minister can open the door further and accept these amendments as a means of trying to protect the abused person in the workplace and in educational establishments and to stamp out that level of heinous abuse.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator.

On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words

“may not come within a specified distance of … other specified premises”.

It would be helpful to know that to put noble Lords’ minds at rest.

I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out.

I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 11th January 2021 Lords Chamber

That actually does not answer my question: it is quite long but it does not answer my question. I need to know how conduct within a criminal conduct authorisation—or CCA—and any resulting profits will interact with the Proceeds of Crime Act. I need to know whether and how the Government will recover those profits. So far, my question has been totally ignored and the response—because it was not an answer—discussed only conduct that is outside a criminal conduct authorisation. This suggests to me that the Government are happy to allow criminals to benefit; therefore, this issue has to be probed further. Criminals will be allowed to keep any proceeds of a crime if the handler has authorised the crime—surely that is a complete anomaly. I would like to know exactly what the Government are thinking. I would be grateful if the Minister could answer my question about how profits made within a criminal conduct authorisation, which would otherwise be illegal, will be recovered. Otherwise, something quite corrupt is happening here; a handler can authorise a spy who could be an officer or a criminal already to keep money, and profits, from a crime. This has to be exposed and I really want an answer to my question.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure yet again to follow the noble Baroness, Lady Jones of Moulsecoomb. I support Amendments 1 and 2 in the names of the noble Baronesses, Lady Chakrabarti and Lady Moulsecoomb, the noble Lord, Lord Paddick; and I too am a signatory to Amendment 1. Amendment 2 seeks to preserve the current legal status quo, whereby those authorised to engage in criminal activity are not rendered immune from either civil or criminal liability. Instead, compliance with an authorisation will be relevant to any public interest consideration to prosecute, any existing legal defences and any court considerations as to civil liability and/or damages.

I feel that the existing legislation that we are debating seeks on the one hand to regulate in statute the use of covert human intelligence sources and, on the other hand, gives CHIS and their handlers a licence to kill. The recruitment of agents is undeniably necessary as part of intelligence-led policing; any such recruit should be a fit person, properly recruited, with free and informed consent and operating to human rights standards in police-led operations.

I listened very carefully to the words of the noble Baroness, Lady Chakrabarti. I recall saying in Committee that Northern Ireland has a particular experience to note in this whole area of using handlers and agents—not police officers but agents—and some of them were linked to criminal and paramilitary activities. We are a living example of what happens when the state, or the state through its agents, commits serious crimes, including murder. For that reason, I make a special plea to the Minister to consider these amendments and the Bill as currently drafted and to ensure that all protections are put in place to prevent any nefarious activity and any misuse of activity by handlers.

One example is the continuing investigation into the agent known as Stakeknife. Probably dozens were murdered on the instructions of those in command and control of the IRA with the knowledge and approval of those in command and control of a British security agent. Another example is Ken Barrett, a British agent involved in the murder of the lawyer Pat Finucane, which a former British Prime Minister, David Cameron, conceded had involved shocking levels of collusion—a fact reiterated at the end of November by Brandon Lewis, the current Secretary of State for Northern Ireland. There is also the example of Mark Haddock, an RUC Special Branch agent believed to have been involved in more than 20 murders.

I say to the Minister that Northern Ireland is a lesson from history, which the Government should take heed of in respect of the Bill. Serious crimes and murder committed by state agencies, or the agents of the state, lead first to a generation of victims and survivors, secondly to alienation, and thirdly to conflict. Yet this legislation, as drafted, would allow agents to commit serious crimes with extravagant powers given to handlers and a severe deficit in relation to authorisation and post-operational accountability. Hence the need for Amendments 1 and 2 to curb such illegal activity and to ensure that those who commit crimes are not immune from prosecution.

It is worth remembering that one of the 175 recommendations on new policing arrangements in Northern Ireland back in 1999—accepted but not addressed—was:

“There should be a commissioner for covert law enforcement in Northern Ireland.”


Maybe it is time to give this consideration now if the Government insist on pressing ahead with the Bill unamended. The noble Lords, Lord Dubs and Lord Rosser, referred to the need for prior oversight; this is one avenue that would facilitate prior oversight, albeit in the Northern Ireland context. As a result, there is no dedicated Northern Ireland covert oversight agency, and the UK arrangements to interrogate phone tapping or search authorisations should be more extensive.

I believe—I say this rather advisedly—that this legislation compounds the problem, with even less oversight of the authorisations that would arise under its provisions than is the case currently. The Bill is deeply problematic, and it could work against the need to tackle criminality and paramilitarism. Hence the need to ensure that those authorised to engage in activities are not rendered immune from prosecution, and hence the need for both amendments, calmly presented by the noble Baroness, Lady Chakrabarti, which I urge the Minister to accept. I hope that the Minister can respond in favourable and positive terms. I support both amendments and, if pressed to a vote, I will support them.

[Baroness Massey of Darwen (Lab) [V]]

My Lords, I shall speak to Amendment 3, which seeks to ensure that victims of criminal conduct carried out under CCAs can access compensation. My noble friend Lord Dubs has covered this amendment comprehensively, so I will simply add a few words of support. Like my noble friend Lord Dubs, I speak as a member of the Joint Committee on Human Rights, whose legislative scrutiny report on the Bill was published last November. I am pleased that the Government have published their response to that report today. We shall no doubt refer to it during our deliberations on the Bill.

This amendment relates to paragraphs 104, 107, 108 and 110 of the Joint Committee on Human Rights report. Its purpose relates to rights under the European Convention on Human Rights, and it mirrors the system in Australia which

“provides indemnification for any participant who incurs civil liability in the course of an undercover operation”,

as described in paragraph 110 of the Joint Committee on Human Rights report. It states:

“The effect of this provision would be to ensure that the participant (i.e. the CHIS) would not suffer the consequences of civil liability, but it would also ensure that the victim of the conduct would obtain civil redress while secrecy is maintained.”


I think the amendment is clear and I look forward to the Minister’s response.

Domestic Abuse Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, in December 2016 I was a signatory to a Private Member’s Bill in the other place urging the ratification of the Istanbul convention. The Government have still not done this, although this welcome Bill gives them that opportunity.

I am aware of the many different forms of domestic abuse against women, young girls, elders, men, families and children. All are wrong and require strong legislative action. Like other Peers who have spoken before me, I have been contacted by many organisations urging not only the final enactment but also the improvement of this legislation. The Bill has the potential to deliver a step change in the national response to domestic abuse. However, it requires significant change to tackle gaps in the system and ensure equal protection and support for all survivors.

There is no doubt that the Covid-19 crisis has exposed the lack of protection and support for survivors of domestic abuse and other forms of violence against women and girls. This applies especially to those discriminated against on the basis of sex, race, immigration status, disability, sexual orientation and gender reassignment. Specialist organisations working with survivors of violence against women and girls have already urged the Government—and I support them in this—to make the prevention of abuse, protection and support for survivors, and pursuit of perpetrators central to the Covid-19 response. I ask the Minister to consider how provision can be made for this in the Bill.

The lack of joined-up government action to tackle abuse during this pandemic has been stark. It was entirely foreseeable that the mass experience of isolation and the closure of many routes to safety and support would be used as a tool for coercive control by perpetrators and increase physical and emotional harm. We need co-ordinated action at the highest levels of government to prevent the escalation of abuse and meet support needs, particularly for some of the most marginalised, including migrant women, who have no recourse to public funds—an issue that has been raised by members of the Anglican Communion.

The remit and focus of this Bill need to go wider than the justice system alone. It has to move out of silos. Just one in five victims is estimated to report what has happened to them to the police. To be truly transformative, this legislation must deliver the changes survivors urgently need—from housing to health, the immigration system, welfare reform, family courts and support for children. While I support this Bill, I will also support those amendments that seek to enhance it in terms of the issues of migrants, non-fatal strangulation and others that put victims and survivors first.

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

Baroness Ritchie of Downpatrick Excerpts

Thursday 10th December 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I want to take this opportunity to thank the Minister for her explanation of these regulations, which make a series of changes that the Government describe as necessary following the ending of free movement. Those changes will come into effect at 11 pm on New Year’s Eve.

I regret and am opposed to the ending of free movement, and would like to see a debate take place in your Lordships’ House on the new points-based system. It is important that it takes place and that we fully understand the impact of that system—and the impact that it will have on our wider healthcare and business communities.

Like the noble Baroness, Lady Ludford, I regret the ending of free movement. Having people come into the UK from many countries allowed our society to be enriched and more inclusive. Ending free movement ensures that that inclusivity will be dissipated, which I deeply regret.

In respect of the regulations, I have some questions for the Minister. The Delegated Powers and Regulatory Reform Committee stated in its report in August that

“very significant delegations of power … relating to ending free movement … and … relating to social security co-ordination … have potentially significant implications for EEA citizens in the UK and UK citizens in EEA countries.”

In that regard, does the Minister recognise that those provisions and these regulations will have significant impacts on our health and care services, our agri-food industry and wider business activity in the UK? Have the Government undertaken an assessment of the potential impact of the ending of free movement on our principal sectors, health and social care services, farming and the agricultural community and the various sections of business activity in the UK? Many of the workers involved in those sectors come from other EEA countries and, as a consequence, Britons going to EEA countries could face severe repercussions. Have the Government fully thought out this particular policy? Why were these regulations made according to the affirmative procedure rather than the usual draft affirmative procedure, particularly when it is not possible to amend statutory regulations?

I look forward to the Minister’s answer to those two questions and to how the Government will ensure that the NHS in particular has the human resource capacity to deal with the continued consequences of the pandemic and rollout of the vaccination programme as a result of the implementation of these regulations, which will severely reduce our workforce—but also that particular ingredient of expertise in the wider health and social care sector, among the nursing and medical professions.

Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Thursday 26th November 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I thank the Minister for her explanation of these regulations. Although she says they are limited, they cover quite a wide range of law enforcement and security issues, including some 50 regulations on important work on cross-border surveillance, extradition and exchange of information and intelligence between law enforcement authorities, EU agencies such as Eurojust and Europol and EU security databases. It has become apparent to us, to follow what was said by the noble Baroness, Lady Jones, that the withdrawal Act was actually quite skeletal: we are filling out all the various sectors and sectoral areas through the use of statutory instruments.

While I acknowledge the need for these regulations, I have some questions for the Minister. I have been told that there is total lack of certainty regarding the UK’s future security and law enforcement relationship with the EU. We are some five weeks away from the end of the transition period and our law enforcement agencies still do not know what legal and regulatory framework they are winding down to, nor the practical day-to-day impact of any security and criminal justice deal—or, indeed, no deal at all. What will be their ability to keep the public safe, because that is always the issue when we concentrate on law enforcement? Will the Minister indicate whether there has been any movement from uncertainty to certainty in such matters? I know the Minister said that this is simply about legal and operational clarity and does not deal with the negotiations, but are any of the law enforcement issues or policies part of the discussions in the negotiations?

I am reminded of what the chief constable for Northern Ireland told the Northern Ireland Affairs Committee in the other place: with the end of the transition period just a few months away, there are concerns about how the PSNI can track people and how to move information around to keep communities safe. They have the added difficulty of the implications of the internal market Bill and the impact on the withdrawal agreement and the potential creation of a hard border with the EU on the island of Ireland, and thus that intersection with the Northern Ireland protocol. What thought has been given to those issues, in terms of law enforcement and security separation issues after we leave the EU?

There is also the added complication of the customs posts in Belfast, Larne and Warrenpoint. What will be the law enforcement and security role in those? The PSNI, as the local law enforcement agency in Northern Ireland, does not seem to have any information on how to deal with this. I am sure that the noble Lord, Lord Reid of Cardowan, as a former Secretary of State for Northern Ireland, will know how important the PSNI is to maintaining good security and good policing in Northern Ireland on a cross-community basis. Could the Minister provide an update on this matter? Could she also outline whether there has been any resolution around the National Crime Agency? It believes that reduced UK ties with EU instruments will damage UK security since maximum co-operation is essential to address sophisticated international threats. What is the current position? Albeit that these regulations are limited, they open up Pandora’s box—hence my list of questions.

I understand from some research that the UK is still seeking access to Europol databases, as if it never left the EU. What is the situation with data sharing, as I understand that the PSNI has been presented with challenges in this area? Apparently the UK Government want to be a de facto member of the Schengen Information System, without being an actual member, to gain access to information on migrants, border security, terrorism and other areas of law enforcement. Has there been or will there be an agreement on law enforcement, criminal justice and data-sharing arrangements? Will the UK also remain engaged with the European Global Navigation Satellite Systems Agency, which manages Galileo, the EU’s satellite system, which provides encrypted services for police and border control?

It is patently clear that leaving the EU will have a substantial impact on UK security, given the close co-operation established over many years in policing, crime prevention and criminal justice. That level of evidence base must not be allowed to wither on the Brexit vine.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I offer my congratulations to the three noble Lords, including the Minister, on making their maiden speeches today.

I am afraid I cannot give the Bill approval because it provides people employed by the Government with immunity for carrying out murder and heinous crimes. In fact, it would give statutory effect to legalised criminal offences committed by informants, provided that MI5, the Police Service of Northern Ireland or other UK law enforcement bodies have authorised the informant to commit the crime in advance. I understand that this is known as criminal conduct authorisation.

There are also no express limits set out in the Bill to prohibit informants’ participation in particular crimes that would constitute human rights violations such as murder, torture including punishment beatings, punishment shootings and kidnapping, or acting as agents provocateurs. I think back to the use of agents in paramilitary murders in Northern Ireland. This goes to the very heart of the legacy issues that the Government are currently considering and their very unhelpful Statement of 18 March.

There is a concern that, in addition to criminal conduct authorisations making criminal acts by informants “lawful for all purposes”, the extraterritorial provisions of Section 27(3) of the Regulation of Investigatory Powers Act 2000 could also apply, namely that:

“The conduct that may be authorised under this Part includes conduct outside the United Kingdom.”


This would mean, for example, that MI5 could authorise from its Belfast base a serious criminal offence to be conducted by a paramilitary informant in the Republic of Ireland. That offence would be unlawful under UK law but, clearly, this would not change an act being a criminal offence—[Inaudible.] The noble Lord, Lord Dubs, referred to the murder of Mr Finucane in all these regards. I must ask the Minister some questions. Were the Irish Government consulted on the content of this legislation and on the fact that this proposed activity could take place in their jurisdiction? Were they asked if this would impact on their own police service—the Garda Síochána? Did the Prime Minister discuss this with An Taoiseach when he met him in Hillsborough earlier this year?

It is important that significant amendments are made to this Bill to ensure that the UK’s prosecuting authorities can independently review crimes—[Inaudible.] —and remove the power for MI5 and other public authorities to brand crime “lawful for all purposes”. I cannot accept the extraterritorial nature of this because it places an impact on the bipartisan rule of Britain and Ireland in terms of Northern Ireland.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

I understand that we are still not able to return to the noble Baroness, Lady Whitaker; once her microphone is corrected, we will attempt to do so. We will move straight on to the noble Lord, Lord Sikka.

Immigration Skills Charge (Amendment) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Wednesday 7th October 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for the explanation of the regulations. Like the noble Baronesses, Lady Goudie and Lady Wheatcroft, I have certain reservations and questions I would like to ask the Minister because all of this must be placed in the wider context. In the context of Brexit, immigration is emotionally charged and, in many ways, characterised much of the bitterness around the referendum and probably fuelled the majority for Brexit. I recall that from when I was a Member in the other place way back in 2016.

I am reminded of the debate on the principal Bill in Committee and on Report, and, in many ways, this piece of statutory regulation is a forerunner to that. We know what those particular issues are: the EU settlement scheme, the physical proof people are looking for and looked-after children. The other important area is that of carers, given the contribution of those from other countries who have been employed in the medical, nursing and caring sectors.

However, in relation to this specific piece of regulation, I will ask the Minister about some issues. For us in Northern Ireland, one issue related to the changes to business and sponsorship visas in relation to Northern Ireland might be the loss of some essential labour, and the move to using the UK visa system will be arduous, costly and a risk for a huge amount of Northern Ireland businesses, particularly at the time of this pandemic, when many of them are forced to do other things. Therefore, can the Minister offer any relief in relation to this or, possibly, investigate that?

Further to this, in relation to retaining this labour market, these businesses in Northern Ireland will also be in direct competition with those in the Republic of Ireland, since their employees can simply move half a mile, or half an hour, down the road and continue to work as an EU citizen, without having to meet all of these new requirements. I say to the Minister that this is a unique issue for Northern Ireland businesses, so I would appreciate it if the Minister could investigate it.

In the broader post-Brexit immigration system, the salary threshold will also have a disproportionate impact on Northern Ireland, as it is still capped at the same level across the UK without any consideration for differences in salaries and labour markets. There was some discussion earlier this year about the need for Northern Ireland to have its own salary threshold reflective of our labour market, but I understand that the Home Office is proceeding with a one-size-fits-all cap. Can the Minister offer any relief or comfort in this respect?

Many people from outside the UK through their employment in many situations, particularly in caring professions, have contributed to the enrichment of our society and economy throughout the UK. We do not wish to denigrate or erode that; we want to ensure that it is nurtured. Those people, who have offered us such good service, should still be facilitated.

I have asked several questions to which I would like the Minister to provide some answers. If she cannot do so in any detail today, I would be quite happy for her to write to me.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

The noble Baroness, Lady McIntosh of Pickering, has withdrawn from this debate, so I call the next speaker, the noble Lord, Lord Paddick.

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

Baroness Ritchie of Downpatrick Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[The Lord Bishop of Southwark]

My Lords, I too wish to speak in favour of the amendment, tabled by the noble Lord, Lord Oates, together with the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride, to whom I express gratitude for their skilful drafting.

I am still asked to provide evidence of my identity by means of a driving licence or a passport, or, upon entering the parliamentary estate, a parliamentary pass. The stated aim of the Government to confer settled and pre-settled status solely by digital means as a prelude to all immigration status being signified in this way is as curious as it is alarming. I say “curious” because it demonstrates a capacity for technological solutions from a department whose record in achieving them is mixed at best, and because it is being delivered to a House unable until today to vote by electronic means on its last slew of amendments. I hope that the Minister will take note of how heavily the Government have been defeated on each and every vote today. They are likely to be defeated again if the amendment comes to a vote, as it is another amendment that is not at all political and commends itself to common sense and human decency.

The Home Office was due to implement an electronic border system by 2011 for monitoring passenger data. This was put back to 2019, and I understand that the contract was terminated at one point. The Minister might advise us on how the system is going.

Last year, the Public Accounts Committee, reporting on matters to do with the Windrush scandal, picked up on its own prior concerns about the handling of electronic data at the department. It further mentioned that the Independent Chief Inspector of Borders and Immigration found that the department had wrongly identified some people as disqualified from having a driving licence or a bank account, but the department rejected the recommendation to cleanse its disqualified persons list of people who should not be on it, which is again curious.

I cannot be the only Member of your Lordships’ House whose email inbox has been inundated with the pleas of EU citizens and their spouses on this amendment—in fact, I know from this debate that I am not. We have to ask why this is the case. Why this particular amendment? As has been noted, Australia took 19 years to migrate one category to a digital status only. What of the inevitable inaccuracies of such a screen? What of when the system goes down, as it most assuredly will? What of those who do not remember the email address with which they registered? What of those, especially the elderly and perhaps more vulnerable, who might have relied on a neighbour or a charity who used an email address unknown to them? Such a person is trusted with a library card but not with something tangible—something that fits into a wallet or purse and identifies them more easily than the frailty of any app is yet able to do. Indeed, it is curious—my favourite word this evening—that we should go out of our way to make the lives of others so difficult. There is simply no need to do this and we should not do it.

In designing a system for administrative convenience rather than accommodating the realities of daily human life, we risk visiting unnecessary and avoidable difficulties on many of our fellow citizens. That is why I support the amendment and hope that the Minister will accept it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the right reverend Prelate the Bishop of Southwark. I fully commend and support the amendment for EU settled status, in the names of the noble Lords, Lord Oates, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride. This is a very moderate amendment, as the noble Lords who spoke before me clearly stated, and it makes a very simple request to which I hope the Minister will be able to accede.

By way of explanation, I will quote from a letter I have received. As noble Lords have stated, we have all received letters and emails from people throughout the UK who are EEA citizens and deeply concerned about this. It states:

“For some reason the Home Office is only giving EU nationals a digital status, which is a source of great anxiety to EU citizens that I know. Given how important it will become to prove your right to reside in the UK after Brexit, it is puzzling why the Home Office is only giving EU nationals a digital status rather than being able to present a plastic residence card with their photo and biometrics in it. They have to request employers and landlords to access a Home Office database by providing a code.”


As we have seen in your Lordships’ House, digitisation can work very well the majority of times, but there are times when it does not work at a satisfactory level. If that happens in this case, with people applying for settled status, it could cause anxiety if they cannot gain access. It will cause them considerable levels of worry. I therefore urge the Minister to give careful consideration to this well thought-out amendment and to remember that such a biometric card should be made available if it is so required.

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

Baroness Ritchie of Downpatrick Excerpts

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

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I support Amendment 3, in the name of the noble Lord, Lord Rosser. He, like others, made a very comprehensive speech in defence of the arguments for the maintenance of the social care sector. If we as human beings applauded, as we did earlier this year, this sector, which is central in our fight against Covid-19, then the Government and all of us acting together in Parliament should show due recognition of it and support this amendment. It would allow a report to be carried out within six months of the Bill being passed showing the impact of the ending of free movement and the non-accessibility of visas for care workers on that sector and on our healthcare system.

I have had many letters from those involved in the caring profession, who want us to support this amendment. It is vital and is supported by the British Medical Association and the Royal College of Nursing. At Second Reading, I said that this legislation ends the free movement of citizens from the EU, the EEA and Switzerland to the UK. Many in our social care sector come from those countries. They provide an invaluable service with care, compassion, hard work and diligence to a large range of people who are deeply unwell. That work has become particularly acute during our ongoing Covid crisis. At a stroke, the decision to end free movement diminishes the UK. Not only does it break family ties and damage our economy but it creates huge obstacles for employers and degrades international research, co-operation and understanding. It also derails our social care sector.

Social care is already under pressure not only because of Covid but because of rising waiting lists for health and medical care in the health service. If people are not allowed to remain and are no longer employed in the National Health Service, which we cherish, that will place it under a tremendous burden. We should try to remove that burden, so I make a special plea to the Minister to accept the amendment and ensure that a report is made available within six months of the passing of this legislation. Perhaps for the first time, we will be able to see, in statistical data, the contribution made by these people and by our social care sector, as well as the deficits in the sector where the Government need to plug the holes.

If the noble Lord, Lord Rosser, who I believe is already of this mind, decides to push the amendment to a Division, I will support him.

[Baroness Masham of Ilton (CB) [V]]

My Lords, in supporting Amendment 3, I congratulate the movers. However, I hope that the Government will realise that we are now in a social care crisis and that we should face up to the challenges now. There is a serious shortage of live-in carers to help disabled people, due to the combination of coronavirus and Brexit. Good social care takes the pressure off the NHS.

Many elderly and disabled people are at serious risk because they have had their benefits cut. Coupled with shrinking local authority budgets, the workforce is under pressure exactly when it is needed most. Also, the vast proportion of migrant employees in social care will be ineligible to work in the UK ,as most care workers’ earnings do not meet the threshold for the new skilled visa, as has been mentioned several times.

I wish Amendment 3 good luck.