Crime and Policing Bill

Baroness Whitaker Excerpts

Committee stage
Monday 10th November 2025 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have added my name to Amendments 1 and 21 in the names of the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Doocey, which have just been moved so well. I agree with all the amendments in this group, although I am not quite sure and have reservations about Amendment 2 on lowering the age to 16.

The proposition seems to me straightforward. The powers to tackle anti-social behaviour are currently contained in the Anti-social Behaviour, Crime and Policing Act 2014. So, before the state affords itself even more powers—which, by the way, often duplicate what we already have—should we not assess whether what we have actually works in improving outcomes for victims and fundamentally reducing anti-social behaviour, which is what we want? We should note that 82% of anti-social behaviour practitioners surveyed by Justice have called for such a review of existing powers and criticised the lack of proper consultation, or even engagement, by the Government. It is shocking that there has never been a formal review of the 2014 Act, and that data on the use of existing orders is not collated centrally, nor their use monitored, by government. Surely the Minister agrees that the Government should be working to identify and address problems that are inherent in existing anti-social behaviour powers and orders before creating more, and that that would be an evidence-based approach to this question.

We are largely focusing on respect orders in this group. They are almost duplicates of anti-social behaviour injunctions but will provide, the Government has argued, more effective enforcement. Experts and practitioners in fact suggest that they could confuse enforcement agencies. What is more, as respect orders are so close to ASBIs, the fear is that they will just reproduce and increase the problems with those injunctions, which research shows are overused, inconsistently applied and sweep up relatively minor behaviour problems alongside more serious incidents. At the very least, can the Minister explain why the discredited ASBIs are staying on the statute book? Why not just dump them?

If, as the Government tell us, the key difference with respect orders is to deal with persistent and serious anti-social behaviour, that should be made explicit in the legislation. Otherwise, the danger is that they just become another overused part of a toolkit, handed out promiscuously. That is a particular concern because of the use of the phrase by the Government and in the Bill that these orders are “just and convenient”.

“Convenient” is chilling, because—here is the rub—respect orders are formally civil orders but, in essence, are criminal in character. I am worried about the conflation of civil and criminal in relation to respect orders, which the noble Lord explained so well. The Government are removing that rather inconvenient problem of a criminal standard of proof because it has all that tiresome “beyond reasonable doubt” palaver that you have to go through. However, if you are found guilty, as it were, there is a criminal punishment doled out via a respect order and you can, as we have heard, receive up to two years in prison, which rather contradicts some of the emphasis in the Sentencing Bill on trying to stop people going to prison and keeping them in the community—so this is not entirely joined-up government either.

At Second Reading I quoted Dame Diana Johnson, who made clear the “convenience” point by explaining that the problem with a civil injunction such as an ASB is that,

“if a civil injunction is breached, the police officer has to take the individual to court to prove the breach”,

and she complained that there was no automatic power of arrest. That bothersome inconvenience has been overcome by creating a new respect order, which Dame Diana enthusiastically states

“combines the flexibility of the civil injunction with the ‘teeth’ of the criminal behaviour order”.—[Official Report, Commons, 27/11/24; cols. 795-96.]

However, that convenient mash-up of a legal solution is something that we should be wary of. It has a dangerous precedent, showing that a cavalier attitude to legal norms and justice can lead to great injustice.

When I read all this, I thought of the single justice procedure, which we were told would allow public authorities to bring cheap and speedy prosecutions for law breaches, such as not paying the BBC licence fee or dodging transport fares. However, with quick prosecutions conducted in such a way—and, in that instance, behind closed doors, as exposed brilliantly by Tristan Kirk, a journalist at the Evening Standard—we have seen thousands of people on an industrial scale being found guilty, often of small unintended mistakes. We have to remember that, if you try to bring about justice quickly and using these new methods, you can cause huge amounts of problems. There are harrowing stories of people who are very ill, people who have dementia and even people who have died, who have been victims of these single justice procedure issues.

I hope the movers of the amendments in this group will recognise that fast-track systems of convenience can lead to some terrible unintended consequences. I am reminded, in similar vein, of the growth of those monstrous non-crime hate incidents—again, a legalistic mash-up that have caused so many problems for free speech, using paralegalistic language and confusing us over what constitutes guilt. I was therefore glad to see the amendments by the noble Lord, Lord Blencathra, in this group, and I look forward to his comments later.

This group of amendments is one to which I would like to hear the Minister respond positively. They are well intentioned—no one has been dismissive of anti-social behaviour—but we do not think respect orders are fit for purpose and, on the other hand, anti-social behaviour orders in general are in a mess. At least let us review what works and what does not before we move forward.

[Baroness Whitaker (Lab)]

My Lords, I add my support for Amendment 1. There should be a review of all these orders before layering another one on. In fact, some of that work has been done: freedom of information data demonstrates that people from minority ethnic communities are far more likely to be subject to this range of orders—Gypsy and Irish Traveller people are also more likely to receive disproportionate criminal punishments on breaching the orders—so the lack of monitoring of the use of behavioural orders is disturbing. I am sure that my noble friend the Minister does not want to continue this cycle of criminalising vulnerable and disadvantaged communities, so please can we have a formal review of the impact of the orders currently in place?

[Baroness Chakrabarti (Lab)]

My Lords, I find myself in agreement with many of the genuine human rights concerns already expressed around the Committee. I find myself in a bit of a time warp because these concerns were evidenced by the use, abuse, disrepute and ultimately disuse that anti-social behaviour orders fell into all those years ago. The criminalisation of vulnerable people, people with addiction problems, people with mental health problems, homeless people and so on is not hypothesis; it was evidenced by the practice of the original anti-social behaviour orders.

I therefore hope that, in his reply, my noble friend, who I know to be a very thoughtful Minister, will go some way to expressing how he thinks these new respect orders will improve on the very unhappy history of ASBOs. Other members of the Committee have already set out what happened in the interim. It would be useful if my noble friend the Minister could explain what will be different this time, why and how.

In a nutshell, my concerns are, first, that the threshold of behaviour likely to cause harassment, alarm or distress is low and vague. To be blunt, some people are easily alarmed and distressed. Harassment is the more objective, higher part of that threshold. That is the entry point at which vulnerable people can first fall into this quasi-civil criminal order that can sweep them into the criminal justice system rather than diverting them from it.

The second concern is that, once one is under the jurisdiction of such an order, it becomes a personal, bespoke criminal code for the individual. I remember the suicidal woman banned from bridges and the pig farmer who was given an ASBO because the pigs wandered on to the neighbours’ land. Is it really appropriate to have bespoke criminal codes for different people in different parts of the country? The postcode lottery point was made well, but there is also the issue of vulnerable people and minorities, who find themselves disproportionately affected.

Once you breach your personalised criminal code—which could be to keep away from a part of town where your close relatives live—you are then swept into the system. That is my third concern about these quasi-civil criminal orders: the ease with which vulnerable people with chaotic lives who have been let down by social services and society in general are now swept into the criminal justice system rather than diverted from it.

Finally, I share the concerns about making such orders available to even younger people, who really should not be anywhere near the criminal justice system. In a much later group—sometime next year, I think, when we will still be in this Committee and will be older, if not wiser—I have tabled an amendment, with the support of the noble and learned Baronesses, Lady Hale of Richmond and Lady Butler-Sloss, to tackle the shockingly low age of criminal responsibility, 10 years-old, that we still have in England and Wales.

Crime and Policing Bill

Baroness Whitaker Excerpts

2nd reading
Thursday 16th October 2025 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, this comprehensive Bill, so well introduced by my noble friend, brings our treatment of crime up to date to fit new kinds of offences and some hitherto unrecognised. In the time available, as my experience in dealing with crime is limited to my time as a magistrate in the past and my current membership of the Sussex Police diversity advisory board, I will focus on two areas I am particularly concerned with: the new provisions on county lines, and the surprising omission of dealing with the High Court decision that Part 4 of the Police, Crime, Sentencing and Courts Act 2022 breached human rights.

I declare interests as president of the Advisory Council for the Education of Romany and other Travellers and of Friends, Families and Travellers, to which I am grateful, as ever, for expert briefing, together with that of the Traveller Movement. The new offence of coerced internal concealment and associated provisions will enable those forgotten children or vulnerable adults who have been excluded from education or who have slipped through the net in other ways to be found, rescued and protected.

The abhorrent practice by organised criminal gangs of recruiting these young people by force or deception into carrying drugs, illicit money and SIM cards away from the centres where they were stolen or dealt with has mushroomed in recent years. It exploits many who have been virtually abandoned by society and its institutions, instilling fear which estranges them from their family and community networks. The reinforcement of the civil prevention order is helpful and further support from the £42 million county lines programme is a sensible broadening of the approach to include positive elements of safeguarding and rehabilitation. I warmly welcome this set of measures.

My other concern is that our Government have missed an obvious opportunity to end discrimination against Gypsies and Travellers created by the Conservative Government’s Police, Crime, Sentencing and Courts Act. That small minority of Gypsies and Travellers who live in their traditional way in caravans on sites and have to make do with unauthorised ones can be imprisoned and their vehicles, which are their homes, impounded even if there are no authorised sites for them to go to—under circumstances found by the judge to be discrimination. The case followed formal recommendations by our Joint Committee on Human Rights, the Council of Europe Commissioner for Human Rights and UN treaty bodies to repeal these measures.

They were not welcomed by our police either. The majority of police forces and police and crime commissioners responding to the initial Home Office consultation on criminalising staying on unauthorised encampments, rather than the previous definition of trespass, opposed it. Some 93% of police bodies called for better site provision as the solution to unauthorised encampments. Of course, it is the paucity of these that is the real problem, as the judge commented, not the desperate search to find somewhere to put the caravan home.

Meanwhile, the Government are under a solemn obligation to remedy the incompatibility with our human rights law. That is, they must restore to these fellow citizens who do not live in bricks and mortar that small measure of security they had to be able to live and send their children to school without fear of being driven out unreasonably, having their mobile home impounded or being sent to prison. I trust that my noble friend the Minister will not default on this obligation. Surely this Bill is a suitable vehicle.

Employment Rights Bill

Baroness Whitaker Excerpts

Committee stage
Tuesday 3rd June 2025 Lords Chamber

To conclude, we welcome the seafarers’ charter. We welcome the steps that are being made to address the scandal exposed by the action of P&O Ferries, but more needs to be done. I beg to move.

[Baroness Whitaker (Lab)]

My Lords, I support all the amendments in this group and will speak to my Amendment 200ABA. Our seafarers are the engine of a vital part of our trading economy, but their conditions of work are often out of sight and out of mind. Among other problems, as set out by my noble friend Lord Davies of Brixton, the gender imbalance and isolation on most ships has resulted, sadly, in risks for women which need clear measures of protection.

Of the 23,700 United Kingdom seafarers counted in 2024, only 16% were female. These were mainly among ratings and uncertificated officers—that is, those with the least authority and power. I heard of a nasty case of rape on a cruise ship, where the victim, significantly, said that she had no help from the HR department because she was too shocked to report it immediately. She was advised that her only recourse was to leave the ship, because the perpetrator was needed on board—a not uncommon reaction. Some privately owned super- yachts require applicants for jobs to submit photographs and “be comfortable with nudity”, which gives a flavour of the work environment.

Research from the Seafarers International Research Centre at Cardiff University shows how fearful women seafarers on cargo ships are of sexual assault and how lonely they can feel in their workplace. We have now the seafarers’ charter, announced by the Government last December. This provides the vehicle for vastly improved standards for seafarers’ working conditions, but it needs to clarify that it will specify protection against sexual harassment and bullying—hence my amendment.

Our shipping force is declining, not least in the retention of women, and there are skills gaps. This has put pressure on workplace standards, resulting in seafarers in general having a higher rate of sickness and accidents than onshore workpeople. There are industry initiatives to encourage recruitment, but little thought on making workplaces safe, convenient and welcoming to women. We can attract more people into it if everyone feels safe.

[Lord Hunt of Wirral (Con)]

My Lords, I am very grateful to the noble Lord, Lord Davies of Brixton, for so clearly setting out the case for a range of amendments. As he made clear, the matters under discussion go to the heart of how we uphold standards for those who work at sea, an essential part of our economy and infrastructure. Of course, we are all well aware of the extent to which the events surrounding P&O Ferries in 2022 were a stark reminder of the vulnerabilities that are faced by seafarers operating in and around UK waters. I am very grateful to the noble Baroness, Lady Whitaker, for reminding us of some pretty stark situations that are faced by people who work in this environment.

I was very pleased and proud when the Conservative Government took clear and concrete steps to improve protections, most notably through the Seafarers Wages Act 2023, the introduction of the voluntary seafarers’ charter and a broader nine-point plan aimed at promoting fairer treatment and higher standards across the sector. These reforms represent a record of action that reflects the seriousness with which we take the obligations owed to maritime workers and our determination that what happened—that unacceptable practice that we all saw and were so concerned about—must never happen again.

Today’s amendments reflect continued concern for the welfare and rights of seafarers. They raise, though, a number of detailed questions about scope, enforcement and the role of harbour authorities. I am pleased to see the noble Lord, Lord Hendy of Richmond Hill, here to reply to this debate, because we want to hear from him how the Government see these provisions fitting alongside the reforms already undertaken. We await with bated breath his reply to this important debate.

County Lines Drug Trafficking

Baroness Whitaker Excerpts

Monday 24th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord will know that I can answer only for the period from July 2024 to September 2024, which are the latest figures. These figures show that 400 deal lines were closed, more than 200 dealers were arrested and charged, 500 further arrests were made, and there were 800 safeguarding referrals for children and vulnerable people. He asked what we can do in particular—yes, roughly 14,500 children have been impacted by county lines, and first and foremost we are looking at how we can support those children.

Very shortly—in fact, tomorrow—the new offence of criminal exploitation of children will be introduced in the police and crime Bill. I look forward to the noble Lord’s support on that. It will mean that we can go after the gangs who are luring young people into violence and crime, and we will have an additional penalty for individuals who exploit and damage children as a result. So there are short-term interventions to be made, but there are long-term measures too.

I would also say to the noble Lord that the additional 13,000 neighbourhood police officers will be an extremely important way of gathering intelligence, putting police boots on the ground and putting the fear of God into those people who are undertaking county lines activity.

[Baroness Whitaker (Lab)]

I take it that my noble friend the Minister is aware that a fair number of children who are recruited into county lines have been excluded from school. In that connection, what liaison does his department have with the Department for Education to reduce the number of children who have nothing else to do when they are kicked out of school?

[Lord Hanson of Flint (Lab)]

It is right that we should put children at the focus of county line activity. By that, I mean preventing children from being involved in county lines, not criminalising those children who are involved in county lines but seeing them, as I think my noble friend indicated, as victims who need our support. I will take away her contribution and discuss it with my right honourable friend the Police Minister, see what steps are being taken to do that, and contact my noble friend accordingly.

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.