EU Settlement Scheme

Baroness Whitaker Excerpts

Thursday 24th October 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Baroness makes an important point. I cannot commit to that today, but it will form part of a review as to how we look at digitisation and ensure that the people who have the right to have settled status can exercise that right and understand it, have the appropriate paperwork and meet their obligations as well as ours. I fully sympathise with the noble Baroness on chatbots, which I find quite annoying.

[Baroness Whitaker (Lab)]

My Lords, is my noble friend the Minister aware that a large number of Roma people came over here when we were in the European Union to escape a really inhospitable environment, who, largely through digital exclusion, have not been able to apply properly for settled status? In addition, there was some ambiguity about the need for the children of those Roma people to apply separately. Will he look into these problems and see whether they can be remedied?

[Lord Hanson of Flint (Lab)]

The Government take citizens’ rights extremely seriously, and we will continue to work constructively with both the EU and internally with those who represent those who wish to have citizens’ rights, to ensure that we meet the provisions of the withdrawal agreement and that they are properly implemented within the United Kingdom. I heard what my noble friend has said and I will take that back and reflect upon it.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Whitaker Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, it is a pleasure to follow the noble and learned Lord, Lord Etherton, who is among those noble Lords who have shown authoritatively and powerfully the moral, constitutional, legal, financial and practical difficulties of this Bill. In the time available, I shall focus on three narrower points: how safe Rwanda is; where public opinion lies; and how alien to us are the laws this Bill proposes to breach.

First, the measures in Clause 3 of the Bill and set out in detail in the treaty, intended to meet the arguments of the Supreme Court that Rwanda is not safe, are not in place. It is therefore just not possible to accept that Parliament can decide, by passing this Bill as it stands, that Rwanda is safe, as was extensively discussed and agreed in the debate on the report of the International Agreements Committee.

At present, Rwandans flee to Britain. Will the Minister tell the House what was the well-founded fear of persecution of each refugee from Rwanda granted asylum here since 2022? How many Rwandans have our police warned to beware of assassination by Rwandan government agents? Is it the case that Rwanda will not take LGBT refugees and that blasphemy is a crime there?

Secondly, the Prime Minister has warned parliamentarians not to defy the will of the people by finding fault with the Bill. In fact, YouGov—widely respected—polled on 17 January that a majority did not support getting the policy through and thought that the proposals were not effective or not very effective. Only 19% thought they were value for money. Members in the other place cited Savanta’s findings that 72% of Britons were dissatisfied with the policy—hardly a ringing endorsement. As the noble Lord, Lord Kerr, has noted, the Permanent Secretary of the Home Office told the Select Committee that he could not supply value-for-money figures. I ask the Minister: can we see them now?

Thirdly, as regards the so-called foreign laws—that is, international law, which members of the government party have decried as alien to the processes in the Bill—the clue is in the name: international, or, literally, between nations. These treaties and conventions were hammered out with full, often leading, British participation. They are our laws too. Usually, when a new Government are elected, they undertake to honour the international agreements made by previous Governments. I ask the Minister: did his Government do so?

In conclusion, this Bill would allow contravention of laws we are party to. It abrogates the rule of law to achieve unknown and possibly dangerous results at vast expense to the taxpayer, in order to get rid of a very small proportion—probably less than 1%—of the asylum seekers who arrive in boats. As currently drafted, it looks like a desperate and absurd answer to a real and tragic problem, but I await the Minister’s answers.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, quoting from the Bill in answer to the noble Baroness, it is

“the person in question, based on compelling evidence relating specifically to the person’s particular individual circumstances (rather than on the grounds that the Republic of Rwanda is not a safe country in general)”.

That is pretty straightforward. It is important to stress that people from many—

[Baroness Whitaker (Lab)]

My Lords, I asked what the grounds were for people from Rwanda being given asylum here. What was their well-grounded fear of persecution about?

[Lord Sharpe of Epsom (Con)]

My Lords, each individual case is different. I do not know the particular circumstances.

It is important to stress that people from many different nationalities apply for asylum in the UK. This includes nationals from some of our closest European neighbours and other safe countries around the world. That is why there are a small number of cases where we have granted asylum to individuals from countries that we would otherwise consider safe. This is a reflection of our system working. An individual claim is not a reflection of the country as a whole. This process also reflects the safeguards which the Bill provides to individuals in Clause 4, which I have just read out. Each case will be considered on its individual merits by caseworkers who receive extensive training. All available evidence is carefully and sensitively considered in the light of published country information, but I cannot comment on the specifics of individual cases.

The right reverend Prelate the Bishop of London and the noble Lord, Lord Blunkett, asked what support will be available for those who are particularly vulnerable. Rwandan officials will have due regard to the psychological and physical signs of vulnerability of all relocated persons at any stage of the application and integration process. Screening interviews to identify vulnerabilities will be conducted by protection officers in Rwanda who have received the relevant training and are equipped to handle competently safeguarding referrals. Interpreters will be available as required to ensure that relocated individuals can make their needs known. All interviews will be conducted with sensitivity for the individual’s well-being.

The Government of Rwanda have processes in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health, gender-based violence and addiction. All relocated individuals will receive appropriate protection and assistance according to their needs, including referral to specialist services, as appropriate, to protect their welfare.

Article 13 of the treaty makes specific provision that Rwanda will have regard to information provided about a relocated individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking and shall take all necessary steps to ensure that these needs are accommodated.

Illegal Migration Bill

Baroness Whitaker Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

It would be all the more unacceptable, therefore, not to take responsibility for the care and support of victims who suffer as a consequence of our failings. Clause 21 as drafted refuses that responsibility. Victims brought and abused here it disposes of somewhere else. That is the moral core of many of the amendments in this group. Thus, my question to the Minister is: if these women are here because of the criminal and business activities of UK markets and the limitations of UK policies and policing, why are these victims not our responsibility?

[Baroness Whitaker (Lab)]

My Lords, all the amendments in this group are very serious contributions to improving the Bill, but I want briefly to add my support for Amendment 85C in particular. I cannot match the noble Lord, Lord Carlile, in his acquaintance with ChatGPT, but his amendment, supported by the noble Lord, Lord Alton, the noble Baroness, Lady Hamwee, and my noble friend Lady Kennedy, who is not in her place, goes some way towards dealing with the difficulties of the astonishing assumption behind Schedule 1—that asylum seekers can safely be deposited in all these 57 countries. Quite apart from the observation by the noble Lord, Lord Kerr, during our previous Committee sitting that they do not have asylum regimes in any case, to make Schedule 1 acceptable the Minister must accept this amendment.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I have tabled Amendments 97 and 98 in respect of Clauses 27 and 28. I commend the report, published yesterday, from Parliament’s Joint Committee on Human Rights—a very fine document which says that this Bill will have “a disproportionate impact” on the victims of modern slavery. My noble friend Lord Coaker referred to the coalition Government of 2010-15, which took the initiative to introduce in Parliament and implement the Modern Slavery Act. This Bill drives a sword through it and completely lacerates it.

There is no doubt that the number of amendments that refer to modern slavery or human trafficking are testament to the Committee’s concern about the Government’s proposal. Again, I refer simply to my own Amendments 97 and 98. The Government frequently refer to victims of the “heinous crime” of modern slavery and, in March 2021, they commended themselves on how many victims had been referred to the national referral mechanism, stating that

“the UK has a strong reputation internationally in addressing modern slavery referrals; year on year there has been a rise in referrals from all frontline responders into the NRM”.

It is extremely concerning that, some two years later, we are talking about the same increase as a matter of abuse and the same victims as threats to public order. That is exactly the language that has been used by this Government. Lest there be any confusion, this language is being applied to individuals who have been the subject of exploitation through being either coerced or deceived. The language is being applied not to those who traffic and exploit people as commodities but to the victims of crime.

The UK has signed up to international obligations to identify and care for victims of modern slavery. One of those is the European convention against human trafficking—frequently referred to as ECAT. The noble Lord, Lord Carlile, referred to this. ECAT requires the identification of victims so that they might benefit from the convention entitlements, including the provision of a recovery period when the person cannot be deported and can receive support and assistance. The Bill does not prevent the identification part of our obligations, but it makes identification meaningless for the most part.

Last year, under the Nationality and Borders Act 2022, the Government determined that some victims should be excluded from a recovery period if they are a threat to public order. There is a case for excluding those convicted of serious criminality; indeed, ECAT recognises that under Article 13. But here is the key point: it has been applied on a person-by-person basis. This Bill, in the words of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, introduces

“a massive extension of that public order disqualification to everybody”.

Yes, all victims of modern slavery within the scope of the Bill are being considered a threat to public order. I hope your Lordships will indulge me as I quote the Government’s justification for this extension. In the human rights memorandum, the Government say that they consider that a person who falls under the duty to remove is

“a threat to public order, arising from the exceptional circumstances relating to illegal entry into the UK, including the pressure placed on public services by the large number of illegal entrants and the loss of life caused by illegal and dangerous journeys”.

ECAT makes no differentiation between victims of modern slavery who are in the country illegally or legally. The convention knows that these individuals need safeguarding and protection, regardless of their immigration status.

Parliament’s Joint Committee on Human Rights, which published its report yesterday, states that

“the Government’s position that the modern slavery clauses are ‘capable of being applied compatibly’ is untenable”.

My noble friend Lord Coaker already referred to this point. The report continues:

“The UK has clear positive duties under Article 4 ECHR (prohibition of slavery and forced labour) to protect victims or potential victims of slavery or human trafficking, as well as duties under ECAT—these provisions of the Bill are in direct conflict”


with the above-mentioned article and ECAT. The committee recommends that the clauses in the Bill dealing with modern slavery should be removed, a point I concur with. The Commissioner for Human Rights of the Council of Europe has said about the extension of the public order disqualification:

“Such a justification appears to me to be so broad and general that it increases the likelihood of an arbitrary application of the modern slavery protections”.


The Parliamentary Assembly of the Council of Europe is due to debate a report on a number of human rights measures currently being debated in the UK, including the Bill. The provisional report was published on 25 May. In reviewing the Bill’s compatibility with ECAT, the report says:

“The fact that an individual was trafficked into the UK does not make that individual thereafter a threat to public order”,


a point that this House and the Government should take on board.

I was disappointed that, on day two in Committee, the Minister said that the Bill was compliant with ECAT because

“ECAT envisages that the recovery period should be withheld from potential victims of trafficking on grounds of public order”.—[Official Report, 5/6/23; cols. 1200-01.]

This is exactly the opposite of the position taken by GRETA, the body overseeing ECAT. In its submission to the Joint Select Committee on Human Rights inquiry into the Bill, it said that such an approach

“would be contrary to the purpose of Article 13”,

since Article 13(1) is

“intended to apply in very exceptional circumstances and cannot be used by States Parties to circumvent their obligation to provide access to the recovery and reflection period”.

My Amendments 97 and 98 urged the Government to rethink their interpretation of Article 13(3), which is, in my view and that of GRETA, contrary to the convention. I also urge the Government to be mindful of the recommendations in the Joint Committee on Human Rights report, just published; to heed its advice; and to indicate, in a realistic and humanitarian way, when they will respond to that report. The website states that the Government will respond in August, long after the Bill has been implemented into law. That is too late. We need a response at a very early opportunity—in fact, before we return for Report on the Bill.

I ask the same question as did my noble friend Lord Coaker: when will the impact assessments be made available to this House? Will it be done at a very early opportunity and before the completion of Committee on the Bill?

Black and Minority-ethnic Children: Police Strip-searches

Baroness Whitaker Excerpts

Monday 27th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble and learned Baroness is absolutely correct that there has been a large number of these cases. Our problem with intervention is that data has only recently started to be collected on this. As I said, there is a great deal of incoming input, and it is appropriate to wait for that to make sure that we are properly informed.

[Baroness Whitaker (Lab)]

My Lords, I want to follow on from the noble and learned Baroness’s question. Would it not be sensible for the Home Office to require all police forces in England to discontinue any further participation in Safer School Partnerships and to withdraw Safer School officers from schools until the very laudable review is completed?

[Lord Sharpe of Epsom (Con)]

I do not feel particularly qualified to comment on that.

Nationality and Borders Bill

Baroness Whitaker Excerpts

Lords Hansard - Part 1 & Report stage
Monday 28th February 2022 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, in moving Amendment 1, I am grateful to my fellow signatories; to BIOT Citizens and Chagossian Voices for their assistance; to the APPG on the Chagos Islands, of which I am a member; and to all those noble Lords from across the House who supported a similar amendment in Committee. The breadth and strength of that support reflected the recognition that this amendment is about rectifying a long-standing injustice in citizenship law, just as earlier, welcome clauses in the Bill do.

The injustice that Amendment 1 addresses concerns the descendants of Chagossians, who were all evicted from their homeland by the British Government to make way for a US airbase back in the 1960s and early 1970s, and who remain exiled. Those descendants are now denied the right to register as citizens, which they would have had were they still resident in their homeland. The reason they are denied that right is because they are no longer so resident, but that is because they have been exiled from that homeland by the British Government.

The amendment would simply end the “appalling injustice”, as Conservative MP Henry Smith put it. To allay government concerns about the open-ended nature of his Commons amendment, which received considerable support, this one applies a five-year time limit for registration. The consequences of the injustice include broken families, divided communities, insecurity for those living here who are undocumented, hardship and the aggravation of the trauma associated with exile.

To give one example, provided to me by Chagossian Voices, S, born in Mauritius, is the son of a Chagossian who is British by descent and is now in exile in Crawley. S has lived in the UK since the age of eight. When he turned 18, his mother used her meagre savings from her job as a cleaner to apply for his British citizenship; this was rejected, but he was then granted a limited visa, which has now expired. She cannot afford to reapply and fears that her son could be deported at any time. “I am terrified of my family being split up”, she says. This cannot be right.

What this means to Chagossians has been made painfully clear to me in emails I received following Committee, and I think, too, to the Minister, who very kindly met some of us, including Rosie Lebeck of BIOT Citizens last week. In Committee, the Minister expressed her sympathy and empathy, and I believe that she genuinely understands what is at stake here, but that has not yet been translated into the actions needed to remedy this injustice. Instead, she pointed to how some second-generation Chagossians would benefit from the earlier clauses in the Bill, which address discrimination in nationality law. When questioned, neither she nor her officials could say how many that would be—I suspect not many.

The Minister has also spoken about how the Government are looking at what more can be done to help Chagossian families seeking to settle here, but we have been given no details of what that might mean and, in any case, that is to ignore once again the importance of citizenship—a theme running through many of our debates in Committee. She also talked about a willingness to consider how the £40 million fund set up to support Chagossians settled in the UK might be used, but that fund was announced more than five years ago and, to date, I understand that only £800,000 has been spent. Certainly, some of the fund could be used to defray any costs associated with this amendment, but it is no substitute for it.

We come to the nub of the matter. In Committee, the Minister reiterated the Government’s concern that the amendment would be contrary to long-standing government policy and warned that it goes further than the rights available to many other descendants of British nationals settled elsewhere around the world—but how many of those other descendants are settled elsewhere because they have been forcibly exiled by the British Government? None, I would suggest. As a junior Minister in the Commons acknowledged, the Chagossians’ case is unique, yet the Government appear terrified that to concede on this amendment would create a precedent, despite there being no other group in this situation. Why can they not follow the advice of the noble Baroness, Lady Falkner of Margravine? In Committee, the noble Baroness suggested that the Minister needs to make it clear in the response today—it may not be her response; it may be his response—that he or she

“does not intend this Act—a humanitarian Act—to set a precedent”.—[Official Report, 27/1/22; col. 494.]

In conclusion, no one knows for sure how many Chagossians would avail themselves of the right contained in this amendment, but the best estimate, based on a census carried out by BIOT Citizens, is no more than 1,000. That said, this is not a question of numbers but of finally putting right what everyone accepts is an injustice. I hope that we will take the opportunity provided by the Bill to end this injustice. If the Minister does not accept the proposed new clause or offer to come back with an alternative at Third Reading, I shall beg to test the opinion of the House. I beg to move.

[Baroness Whitaker (Lab)]

My Lords, as vice-chair of the All-Party Group on the Chagos Islands, I will add one brief point to the amendment so persuasively moved by my noble friend. If resettlement had taken place following the High Court ruling of November 2000 that the ordinance banning the Chagossians’ return was unlawful, it would have much reduced the need for an immigration route to the UK. Her Majesty’s Government should lift that ban immediately, in addition to accepting my noble friend’s amendment. The recent Mauritian expedition helpfully showed that there is no reason why the Chagossians should not return to their homeland. Some will probably want to do that rather than come to the UK, which would much diminish the apparent problem that the Government have.

[Baroness Butler-Sloss (CB)]

My Lords, I sat as a judge in one appeal on the Chagossians and learned about the disgraceful behaviour of successive Governments of all political views—not, I have to say, the Lib Dems because they were not in power, but certainly the Conservatives and Labour have each left the Chagossians to their fate. One appalling thing they did was take an agreement from them whereby they signed away their rights for some paltry sum, such as £1,500. It is time that at least some of these Chagossians got some rights. As the noble Baroness who moved the amendment pointed out, this situation is unique. Therefore, the Government really should be generous and understanding and do something to repair the appalling damage done in the past by this Government, as well as the previous Labour Government.

Intelligence: Russia

Baroness Whitaker Excerpts

Monday 31st January 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

As far as I am aware, there is no vacancy for the post of Prime Minister, but there is ongoing work to implement the recommendations as soon as practicable. I note at this stage that the majority of the recommendations do not actually need legislation, but we are getting on with them and great progress is being made.

[Baroness Whitaker (Lab)]

My Lords, might not the current threat from Russia be diminished if Ukraine could be persuaded to adopt a neutral stance like that of Finland?

[Baroness Williams of Trafford (Con)]

I do not think I would agree with that point, no.

Nationality and Borders Bill

Baroness Whitaker Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 27th January 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, I thoroughly endorse what the noble Baroness, Lady Lister, has said, and I am very pleased to co-sign this amendment. In the first two groups that we discussed this morning, we talked a lot about righting injustices. This is an opportunity to right a gross historic wrong—a forced eviction and exile that was, indeed, ruled illegal by the International Court of Justice in 2019.

I was one of those who raised this issue very briefly at Second Reading. I do not think the Minister referred to it in her response, although I know she had a lot of issues to cover. It should be noted, though, that the amendment in the other place from Henry Smith MP at Report stage, which the noble Baroness, Lady Lister, referred to, had the sizeable support of 245 Members, displaying the strength of feeling about the trauma and hardship of the Chagossian community that the noble Baroness, Lady Lister, referred to.

The all-party group on Chagos is a strong and active group that has long campaigned to right, in so far as is possible, the wrongs of the 1960s when, having resisted independence from Mauritius, of which Chagos was part, Britain secretly acceded to an American request to make one of the islands, Diego Garcia, available on a long lease as a “communications hub”. Of course, it later became notorious as a site for rendition flights. Anyway, the then British Government of, I am afraid, Harold Wilson, detached Chagos from Mauritius and then emptied Chagos, chucking out its inhabitants. This appeared, apparently, to be compensation for the Americans for the UK declining to get involved in the Vietnam War.

The saga is littered with lies and about-face. The UK told the UN that the Chagos Islands had no permanent population and the Chagossians were merely contract labourers. The British Indian Ocean Territory—BIOT—comprising all the Chagos Islands was detached from Mauritius and, between 1968 and 1973, the entire population of Chagos was removed. Some 2,000 people were deported to Mauritius, some went to the Seychelles and some arrived in the UK, particularly in Crawley, perhaps because it is near Gatwick, in Sussex.

As was discussed this morning, the purpose of Part 1 of this Bill is to address long-standing discrimination in British nationality law. I put to the Committee that Amendment 11 fits perfectly in this context. The original appalling injustice of the late 1960s and early 1970s perpetrated against the Chagossians has been compounded ever since, not only by their continuing enforced exile from their homeland but by the deprivation of their descendants of their citizenship rights. Had they not been evicted but had stayed in BIOT, they would have passed British Overseas Territory citizenship from generation to generation and some would have had the entitlement to be registered as British citizens or at least benefited from the Home Secretary’s discretion to so register them.

As the noble Baroness, Lady Lister, said, Ministers in the other place have provided no justification for resisting the rectification of this injustice suffered by the Chagossians. The Government simply rely, in a sense, on the injustice of eviction to perpetuate the injustice. Because we had chucked them out, they were not BIOT citizens and so they cannot benefit from any subsequent citizenship rights. The Government now have an opportunity with this new clause to make substantial amends—hardly complete amends—for the wrongs done half a century ago. I suggest that it is wrong to seek to assert that correcting the nationality law consequences of this wrong would create any wider precedent, as the noble Baroness said.

By the way, if anyone wants to read the history of the UK’s perfidious treatment of the Chagossians, I recommend this booklet of a lecture by Professor Philippe Sands QC entitled Chagos: The Last British Colony in Africa – A Short History of Colonialism, a Modern Crime Against Humanity? and I will give this to Hansard so it can correctly identify it. I urge the Minister to give a positive response.

[Baroness Whitaker (Lab)]

My Lords, I apologise for not being able to speak at Second Reading. I strongly support Amendment 11, which has cross-party support. I speak as a vice-chair of the All-Party Parliamentary Group on the Chagos Islands.

My noble friend Lady Lister explained powerfully and clearly the position of this small number of people, whose ancestors were wrongly deported from their island homes and who have been caught up in big-power politics, denying them the basic human rights that we in your Lordships’ House enjoy. The noble Baroness, Lady Ludford, gave the whole context.

The fact is that, although all UK Governments agree that the exile of the Chagossians from their island homes 50 years ago was wrong and unjust, the present Government continue not to allow resettlement. They cite a range of reasons for continuing this injustice, including conservation, finance, feasibility, security and defence. This is irrespective of the fact that it is well known that the American base on Diego Garcia would not be threatened or impeded by resettlement on the 54 outer islands. Indeed, the UK Government committed in their 1965 Lancaster House agreement to returning the territory

“to Mauritius when no longer needed for defence purposes.”

The outer islands are not part of the defence framework. Conservation could be maintained by the Chagossians, as happens in other marine conservation areas, and there are various avenues for assistance with resettlement costs.

It is political will and respect for human rights that are lacking. This Government are acting in defiance of the UN charter on decolonisation and United Nations General Assembly resolutions, and contrary to the opinion of the International Court of Justice and the decision of the tribunal of the UN Convention on the Law of the Sea, in their obdurate refusal to countenance resettlement for this, I repeat, small number of people.

The all-party group strongly supports the international rule of law and the right of return. In respect of this amendment, which follows from all the events we have set out, we firmly believe that, until resettlement is permitted, Chagossians should not have to endure having loaded on them the further injustices that this amendment would remove: the separation of families, deportation and the unreasonable costs of excessive fees. The Government adopting this modest amendment, Amendment 11, would at least go some way to ameliorating the acknowledged injustice that Chagossians have endured by their exile.

[Lord Horam (Con)]

My Lords, as I did this morning, I express great sympathy for the point of view expressed so eloquently and passionately by the noble Baroness, Lady Lister. As she rightly said, the amendment moved in the other place was voted down because it contradicted one of our long-standing, century-long principles for who becomes a British citizen. However, as she pointed out, the new amendment deals with the point made in the other place by putting a limit on the applicability of the proposal, which is good. So we are in a better place than we were then. The noble Baroness also offered to talk, if possible, to see whether there is any other way forward on this problem.

I am also a member of the All-Party Parliamentary Group on the Chagos Islands. I have great sympathy for their position; it is indeed a terrible plight. An evil deed was done to those people. We are talking about perhaps only 500 people now in this context; there are more Chagossians in history, but there are only about 500 of them in this particular category at the moment.

Of course, the real villain here—my noble friend the Minister will be glad to know this—is not the Home Office; it is the Foreign Office, which, frankly, behaved disgracefully. When it examined this matter, the International Court of Justice voted 116 to six against us. For heaven’s sake, you can hardly have a bigger majority than that; I suppose you could have 192 to one or something—that is how many nations there are in the United Nations—but it was a comprehensive defeat. Not only that but, as previous speakers have pointed out, the United States Government are helpful on this matter, and the Mauritian Government have pointed out that they are willing to give the US Government a 99-year lease if they wish to carry on having a base on the island. Every base is covered. There really is no case for the Foreign Office to resist doing the right thing. Frankly, it is costing us in the international arena when we are so completely in the wrong on this issue.

Police, Crime, Sentencing and Courts Bill

Baroness Whitaker Excerpts

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 13th December 2021 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I am a patron of the Traveller Movement. I thank the Minister for reaching out to those of us interested in this issue and I am sorry that the change in date meant that I was unable to attend. I also thank the noble Baroness, Lady Whitaker, for her dedicated work in co-ordinating the efforts of those of us who remain very concerned about these clauses in the Bill.

In Committee, we had a full debate on how the clauses on authorised encampments are a breach of the human rights of the Gypsy, Roma and Traveller communities to live a nomadic life. I thank the noble and learned Lord, Lord Garnier, because he has tried to propose a compromise regarding stopping sites. It certainly merits listening to, and I hope the Minister will take account of it.

In my contribution today, I wish to focus on just one area. Clause 63 also creates the right for the police to confiscate a vehicle that may be an individual and their family’s main residence. That confiscation would have the most extraordinary consequences, giving the police very strong powers that they do not have in respect of other people’s principal residences. If the police were to confiscate a vehicle under this clause, families would not only become homeless, but because they would be deemed to have become intentionally homeless, there is a possibility that their children would be taken into care, especially if there was no appropriate emergency accommodation locally. By doing that, parents may also not be able to move on to their next planned place of work.

I support Amendment 55ZC from the noble Lord, Lord Paddick, which protects individuals by preventing police confiscating their vehicles if it would make the individual owner, and their family, homeless.

The National Police Chiefs’ Council could not be clearer. It said:

“We believe that criminalising unauthorised encampments is not acceptable. Complete criminalisation of trespass would likely lead to legal action in terms of incompatibility with regard to the Human Rights Act 1998 and the Public Sector Equality Duty under the Equality Act 2010, most likely on the grounds of how could such an increase in powers be proportionate and reasonable when there are insufficient pitches and stopping places?”


In Committee, the Minister said that these clauses are not targeted at the Gypsy, Roma and Traveller community, but it certainly looks that way, especially as the Government explicitly referenced Traveller caravans in the background briefing to the Queen’s Speech. The Government have also made it clear that they are not criminalising trespass more generally. Even if the outline of these proposals were in the Government’s manifesto, actions that target one particular community, infringing their human rights and giving the police powers that they have said repeatedly that they do not want, cannot be right. I hope that the Minister will rethink this deplorable legislation.

[Baroness Whitaker (Lab)]

My Lords, I apologise for not raising my eyes to the noble Baroness, Lady Brinton, initially. Her remarks are well worth paying attention to.

I am flattered by the attribution of influence by the noble and learned Lord, Lord Garnier. I have taken a slightly different route, but his amendment is interesting. All the amendments in this group are aimed at resolving prejudice against and actual homelessness of the Gypsy and Traveller communities. They all deserve serious consideration. Amendment 57 in the name of my noble friend Lady Lister and the cosignatories of my amendment would deal with the underlying social situation of these fellow citizens, in particular the non-arrival of the strategy initiated quite some time ago by the noble Lord, Lord Bourne, when he was the very effective Minister responsible, and I think endorsed by the noble Baroness, Lady Williams.

I will speak to Amendment 55ZB in my name and supported by a distinguished cross-party group to whom I express my gratitude. I will move it to a vote if its thrust is not accepted by the Government. I am also grateful to the Minister for the meeting she gave several of us last week, when she said that the provision of the sites for Gypsies and Travellers was a planning matter and an amendment that dealt with that was not for this Bill. Indeed, it is a planning matter, as the police said in their evidence to the consultation on the Bill, but the trouble is that the lack of sites and consequent vulnerability of Gypsies and Travellers to summary eviction is inexplicably linked. Despite the noble Baroness’s assurance at our meeting that she would consult DLUHC on a way forward, I have heard nothing further.

--- Later in debate ---

Moved by

[Baroness Whitaker]

55ZB: Clause 63, page 59, line 11, at end insert—
“(1A) The occupier, a representative of the occupier or a constable may only make a request under subsection (1)(d) if they have ascertained from the local authority within whose area the land is situated—(a) that there is a suitable pitch for P’s caravan or caravans and P’s other vehicles and property on a relevant caravan site, or(b) that, within 48 hours of their receiving notice of P’s presence on the land, a suitable pitch for P’s caravan or caravans and P’s other vehicles and property will become available within a negotiated stopping site in the local authority’s area.(1B) A “negotiated stopping site” is a site in respect of which an agreement has been reached between the local authority within whose area the site is situated and the trespassers which allows them to stay temporarily on a particular piece of land which is not an official site, in return for which the trespassers agree to certain conditions relating to, but not limited to, behaviour, tidiness of the site, the length of stay and payment for water, refuse collection and other utilities.”

[Baroness Whitaker (Lab)]

My Lords, I am extremely grateful to all noble Lords who have spoken so eloquently in this debate. It is of great importance to some very beleaguered communities. I too note the widespread and authoritative emphasis on enabling local authorities to provide enough sites. I understand that the Minister is bound to follow the instruction to implement a manifesto commitment and stick to the disproportionality of Clause 63, but I think we need to strike a better balance. I therefore wish to test the opinion of the House.

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

There being an equality of votes, in accordance with Standing Order 55, which provides that no proposal to amend a Bill in the form in which it is before the House shall be agreed to unless there is a majority in favour of such an amendment, I declare the amendment disagreed to.

Police, Crime, Sentencing and Courts Bill

Baroness Whitaker Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 8th December 2021 Lords Chamber

[Lord Sharpe of Epsom (Con)]

He is here—my apologies. In light of all I have said, I hope the House would agree that we have responded positively to the relevant recommendations from the DPRRC and will support these amendments. I beg to move.

[Baroness Whitaker (Lab)]

My Lords, I speak on behalf of my noble friend Lady Lister, who had to go to catch her train because of the postponements, and also on my own behalf.

We wanted to raise a point on government Amendment 56, which, as the Minister said, requires guidance for the police on unauthorised encampments to be laid before Parliament. This is of course welcome, but my noble friend says that she wanted to return to the current draft guidance statement that the police, alongside other public bodies,

“should not gold-plate human rights and equalities legislation”

when considering welfare issues.

When she pressed the noble Baroness, Lady Williams, on this in Committee and asked her what it meant—because, on the face of it, it appears to be an invitation to put human rights and equalities considerations to one side—I believe the noble Baroness, Lady Williams, said that the phrase was “novel” to her and she wrote to my noble friend Lady Lister about it.

In her letter, she explained that this phrase had been used in government guidance on unauthorised encampments since March 2015. But, when my noble friend Lady Lister followed the link in the letter to this guidance, it turned out to be called:

“A summary of available powers”—


which we do not think quite amounts to statutory guidance, and therefore perhaps was not subject to consultation at the time. Certainly, members of the Joint Committee on Human Rights were not aware of it, because they wrote a very forceful letter to the Minister on 17 November in which they

“strongly advise that the Government reviews the language and tone of its draft guidance with respect to its human rights obligations. Human rights are a minimum standard, which apply to all people equally. We do not and cannot ‘gold-plate’ human rights.”

Likewise, the British Association of Social Workers has written:

“We do not accept that this”—


gold-plating—

“is reasonable guidance. The wording is of no assistance to social workers or other professionals.”

It sees it as a

“disturbing attempt to water down fundamental human rights in relation to Romani and Traveller people”.

In her letter, the Minister wrote of the

“necessary balancing of the interests and rights of both Travellers and settled residents”.

But we ask her—or the appropriate ministerial colleagues —to look again at this wording in the light of the JCHR’s and the British Association of Social Workers’ responses. It would appear that they were not consulted when the “gold-plating” phrase was originally used in 2015 and I ask now whether anyone was consulted.

Also, does the 2015 document constitute statutory guidance as such? If the answer is no in either case, that strengthens the case for reconsidering the use of the term. As the body established by Parliament to provide an oversight of human rights issues makes clear, human rights

“must not be side-lined or undermined for administrative convenience”.

Will the Minister therefore give an undertaking to look again at this, ask the relevant Minister to do so, and report back to us before the Bill completes its passage through this House?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank all noble Lords who have participated in this brief debate. I do not know whether my noble friend Lord Blencathra was in his place when I started speaking, but I was praising him and his committee—I also praise him for his stealthy entrance. He asked about statutory guidance. As I said in my brief introduction, all the guidance will now be laid before Parliament, as the noble Lord, Lord Beith, noted, and the SVRO guidance will be subject to the negative procedure.

The noble Baroness, Lady Whitaker, asked the most detailed question, on behalf of her noble friend Lady Lister. She asked specifically about the comments on the gold-plating of human rights. I have a copy here of the letter that was sent to the noble Baroness, Lady Lister, and it is very clear that this is about balance:

“This language has been used in HM Government guidance on unauthorised encampments since March 2015,”


as the noble Baroness noted, but it was not statutory guidance; the Bill now provides this.

“That guidance made clear that human rights legislation does not prevent action to protect local amenities and the local environment; to maintain public order and safety; and to protect public health - for example, by preventing fly-tipping and criminal damage.


The necessary balancing of interests and rights of both travellers and settled residents reflects the position regarding qualified rights in the Human Rights Act 1998/European Convention on Human Rights … and the need to maintain good community relations under the Equality Act 2010. But operationally in the past, this may have been misunderstood by some public bodies.”


We have published in draft the guidance to be issued under Clause 65, so it is open to anyone who wishes to comment on the document to do so. We will, of course, continue to take any such comments into account before promulgating the final version of the guidance. With that, I hope that I have answered the questions, and I beg to move.

[Baroness Whitaker (Lab)]

Before the Minister sits down, who was consulted on this “gold-plating” terminology?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not know; it goes back to 2015. We will look it up for you.

Police, Crime, Sentencing and Courts Bill

Baroness Whitaker Excerpts

Lords Hansard - part two & Committee stage
Wednesday 3rd November 2021 Lords Chamber

Moved by

[Baroness Whitaker]

133: Clause 62, page 57, leave out line 7 and insert—
“(d) a constable, following a request of the occupier or a representative of the occupier,”Member’s explanatory statement
This is a JCHR recommendation. This amendment would provide that, as part of the conditions for the new offence of criminal trespass only a police officer could request a person to leave land and only following a request by the occupier of the land.

[Baroness Whitaker (Lab)]

My Lords, I am proud to open the debate on these amendments. They are a means of addressing another very serious departure from the principles of social justice by the Government. I support most of the amendments in the group, which are mostly different ways of tackling the same problem.

I will speak to Amendments 133 and 149 in my name and those of the right reverend Prelate the Bishop of Manchester, and the noble Lords, Lord Bourne of Aberystwyth and Lord Alton of Liverpool, for whose support I am very grateful. The lengthy trajectory of this Committee has prevented the noble Lord, Lord Alton, speaking in person, and the rail disruption after the sad accident near Salisbury has also derailed the noble Lord, Lord Bourne, who told me that he considers our amendments proportionate, sensible and wholly right.

I declare interests as president of Friends, Families and Travellers, co-chair of the All-Party Parliamentary Group for Gypsies, Travellers and Roma, and other positions as noted in the register. I am also grateful to the Joint Committee on Human Rights for its percipient report devoted wholly to the significant difficulties of Clause 62.

Our Amendment 149—the main one—would do away with the problem that the harsh and probably illegal provisions of Clause 62 purport to solve. If agreed, Clause 62 will not be the cruel anomaly that it is. The problem is, of course, the lack of authorised encampment sites, both permanent and transit, whether publicly or privately owned. Our amendment would oblige local authorities to provide adequate accommodation for Gypsies and Travellers residing in or resorting to their area—that is, permanent and transit sites as required. They are already required to assess the need for sites under planning law, so they should know what will be required in law. This means that Gypsies and Travellers would be treated on a par with other homeless families, except, of course at much lower cost than building housing, but because very many authorities have been so negligent in even making assessments, we have also provided a power of ministerial direction if need be.

The Home Secretary does not appear to understand the situation. On 8 March she wrote:

“As of January 2020, the number of lawful traveller sites increased by 41%”.—[Official Report, Commons, 8/3/21; col. 21WS.]


The error here is that this increase refers to transit pitches for individual caravans for a limited period of time. It actually resulted in only 10 additional transit pitches a year, not permanent pitches on permanent sites. There had in fact been an 8.4% decrease in the number of local authorities permanent pitches, as shown in Ministry of Housing, Communities and Local Government figures. Will the Minister apologise for this mistake on behalf of the Government?

The real picture is that, in January last year, for example, only eight of the 68 local authorities in south-east England had identified a supply of permanent deliverable sites to meet the unmet need. That means that 60 had not complied with the Government’s planning policy for Traveller sites. In January this year, there were at least 1,696 households on the waiting lists for permanent pitches in England. As of last March, the last funding round for applications for Traveller sites had awarded funding for only two schemes across the whole country, and that was only for new transit sites. In the context of the overall housing shortage, these numbers may not look large but they are huge in relation to the small number of Gypsies and Travellers who still travel—for instance, in January last year, there were only 694 of them—and to those who need to stay on permanent sites while their children are in school or their elders receive medical care.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

The noble Lord is correct, but the police would have to take into account the various factors that I set out. Obviously, each case is different.

[Baroness Whitaker (Lab)]

I am grateful for the Minister’s attempts to sanitise Part 4, although I did not quite understand her explanation of the Home Secretary’s misleading remarks.

The hour is late. It would not be right for me now to take issue with every point the Minister made, although I would like to. She will have noticed the widespread concern evidenced in many thoughtful speeches about the import of Part 4. I would not say that those concerns have been assuaged by her response. She will also have noticed that stereotyping is still with us, here and there.

However, I am grateful to the noble and learned Lord, Lord Garnier, for his appreciation of the general problem, although I do think that his one anecdotal example could be dealt with perfectly well by the present police powers. However, his suggestion that Clause 62 could attract a compromise in relation to site provision encouraged me to hope that the Minister will discuss a better solution before Report.

On that basis, I beg leave to withdraw the amendment.

Amendment 133 withdrawn.