Criminal Trials: Intercept Evidence
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Lord Beith
To ask Her Majesty’s Government what plans they have, if any, to change the law or practice on the use of intercept evidence in criminal trials.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I first apologise to the Lord Speaker because I stood while he was standing—we are all grappling with masks and other things at the moment.
We continue to assess whether the conclusions of the comprehensive review of 2014, which of course the noble Lord, Lord Beith, oversaw, remain valid. It is not possible to find a practical way to allow the use of intercept evidence in court. The Government will keep this position under review.
Lord Beith (LD)
My Lords, hundreds of arrests have been made because of the French police’s hacking of the EncroChat system used by criminal gangs, and more as a result of criminal use of the ANOM communication system, which was secretly controlled by the FBI. A recent Court of Appeal judgment means that much of this material could be used in evidence in UK courts. Does that not make the conclusion of the review to which the Minister referred now seem a little dated? The context has significantly changed, some of the obstacles that we foresaw in being able to make the change have been overcome, and maybe it is time to look again at it.
Baroness Williams of Trafford (Con)
My Lords, this is quite a complex area. The information was obtained using an equipment interference warrant rather than an intercept warrant, and there are checks and balances within the criminal justice system to ensure that one route is not used in order to facilitate another outcome. We remain of the view that the review undertaken by the noble Lord is still valid.
Lord Morris of Aberavon (Lab) [V]
My Lords, since intercept evidence is allowed in virtually every EU and common-law country, will the Government seek the advice of the Intelligence and Security Committee so that Parliament can decide, following the publication of its advice, the weight of the objections of the security services and inconsistencies where such evidence is allowed, in other countries, prisons and bugs?
Baroness Williams of Trafford (Con)
We have done several reviews on this issue, including, obviously, that of the noble Lord, Lord Beith, back in 2014. We keep these matters under review, but for the time being we share the noble Lord’s conclusion.
Lord Paddick (LD) [V]
My Lords, surely there must be some circumstances where intercept evidence could be used without compromising operational integrity, such as those mentioned by my noble friend Lord Beith. How many individuals could have been prosecuted if intercept evidence had been allowed instead of them being subjected to terrorism prevention and investigation measures, or TPIMs, at considerable additional cost—both financial and to the reputation of British justice?
Baroness Williams of Trafford (Con)
My Lords, the question of how many individuals could have been prosecuted is very difficult to answer, given that the evidence was not used. I do not know if there are figures that I can give to the noble Lord. I want to make the point that we do not actually have an objection in principle to the use of intercept material as evidence, and we have tried to find a practical way to allow the use of intercept evidence in court. As I said, though, successive reviews have found that it is just not possible.
Lord Lilley (Con) [V]
My Lords, when I was Secretary of State for Trade and Industry, something that I proposed had the unexpected effect, unknown to me, of affecting the way in which the security services carried out surveillance. I was therefore given a briefing on the different ways in which they did these things, some of which were well-known to me and the public but others were not. Surely it would be possible to allow the security services to decide which methods they are going to reveal where they are using techniques that we do not want criminals to know about.
Baroness Williams of Trafford (Con)
As I have said to other noble Lords, the costs and risks of using intercept as evidence are disproportionate to the potential benefits, and therefore we have not proceeded to intercept as an evidence model. However, we are not closed to the idea and will keep the position under review, and I totally acknowledge what my noble friend has said.
Baroness Wheatcroft (CB)
My Lords, the extraordinary success of Operation Trojan Shield has netted thousands of criminals in a hundred different countries, but is the Minister convinced that this country will be able to get the same level of successful prosecution as a result of that operation? Can she tell us quite why it is that intercept evidence that is deemed to be stored should be acceptable whereas intercept evidence that is in transmission is not?
Baroness Williams of Trafford (Con)
The noble Baroness asks a very interesting question, which I am sure we will have debates on in the months and years to come, about the difference between the two. Fundamentally, there is a huge amount of other evidence that one would need to consider for an intercept warrant that makes it prohibitively costly, and therefore we just do not use it.
Lord Marks of Henley-on-Thames (LD)
My Lords, following the question from the noble Baroness, Lady Wheatcroft, in the EncroChat case the Court of Appeal analysed the distinction between intercept evidence where actual transmission has been intercepted and evidence that has been stored and harvested following transmission. That distinction is arcane and inconsistent. Can the Minister explain the difference in principle? Since we agree on the need for a warrant system to authorise the use of intercept evidence, should we not legislate for one consistent requirement for warrants to intercept actual transmission and warrants to harvest intercept evidence post transmission?
Baroness Williams of Trafford (Con)
We would need a few hours to have that discussion so, thankfully, given that the Lord Speaker’s direction is to keep my answers brief, I will not go into that. As I have said, there are checks and balances within the criminal justice system, as the noble Lord well knows, that safeguard one route from being used in order to achieve another.
Baroness Jones of Moulsecoomb (GP)
It has come to the attention of a few Members of this House that MI5 keeps files on them. If the police or security services chose to intercept our communications, would anyone in Parliament have the power to authorise or not authorise that?
Baroness Williams of Trafford (Con)
I thank the noble Baroness for giving me notice of the fact that she was going to raise this issue; it is not really part of this Question, but that never stops her. As I said, we do not use intercept warrants as court evidence. In terms of who would authorise what, the Home Office would authorise its various agencies, the Foreign Office its agencies and the Northern Ireland Office its agencies, so it would be for those Secretaries of State to authorise those warrants.
Lord Mackenzie of Framwellgate (Non-Afl) [V]
My Lords, the interception of telephone calls or voicemails is normally an egregious breach of personal privacy, and some tabloids have paid the penalty for that. I declare an interest as a victim of hacking. However, that is different from law enforcement using intercept methods, properly regulated by the UK police and security authorities. Does the Minister agree that such techniques are essential to facilitate the gathering of essential evidence, as exemplified, as has been mentioned, by the FBI sting yesterday using the ANOM app, leading to over 800 arrests worldwide, and that, provided that it is used and regulated properly by the law, it is a legitimate tool protecting our citizens from organised and violent criminals?
Baroness Williams of Trafford (Con)
That is a very good question to end on. The noble Lord raises the huge benefit of what the NCA has achieved through operations like Venetic. I will read out the figures: 746 individuals arrested and £54 million, 77 firearms and over 2 tonnes of drugs seized. That is an incredible achievement that goes towards keeping our citizens safe.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked. We now come to the fourth Oral Question.
Passport and Visa Measures
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Lord Hunt of Kings Heath
To ask Her Majesty’s Government what plans they have to review their decision not to exempt young people from European Union member states on school trips to the United Kingdom from the new passport and visa measures due to come into force on 1 October.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, EU, EEA and Swiss students are now subject to the same rules as students from the rest of the world. They may come under the visitor route or as a student, but from 1 October they will require a passport like everyone else and we do not plan to review this decision.
Lord Hunt of Kings Heath (Lab) [V]
My Lords, what a depressing advert for global Britain. Thousands of schoolchildren from Europe will not now be visiting our country since they will no longer be able to use an EU or EEA ID card. There is no doubt that the requirement for passports and, in some cases, visas, will put such trips beyond the capacity of many schools. It is short-sighted, petty and mean-spirited, and it means that, without these cultural exchanges with young people in Europe, we will not have the long-term economic and cultural links we have enjoyed for so long. The Minister says it will not be reconsidered; I ask her to reconsider this really outrageous decision.
Baroness Williams of Trafford (Con)
I reiterate that we will not be reconsidering, but I do not agree with that assertion that thousands of children will not be visiting. What about the children from the rest of the world who visit this country? Are they in a different category? We are treating everybody in exactly the same way. Of course, there is always the option to get collective passports for groups of children issued under the 1961 Council of Europe treaty.
Lord Balfe (Con)
My Lords, the United Kingdom is getting a bit of a reputation for doing everything to annoy Europe. The Minister speaks about other countries, but all the nearby countries are in the European Union. All we are doing is making people feel unwelcome. We are tearing up something which does not need to be torn up. The Minister says that she will not reconsider, so I will not ask her to, but I will ask her to reflect on the damage this is doing to Britain’s reputation outside this country.
Baroness Williams of Trafford (Con)
I have much respect for my noble friend, but one could flip that the other way and say of the long-standing issue of children outside the EU: have we made them feel unwelcome for years? I do not think we have.
Baroness Prashar (CB)
My Lords, I raised this issue during the passage of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. The Government then argued that this will be a security risk, which I think is rather far-fetched. I absolutely agree with the noble Lords, Lord Hunt and Lord Balfe, that this is going to dent our reputation and does not in any way promote global Britain. I argue that this is very short-sighted; I think that it will damage our economy and education institutions, and lead to an end of short-term school trips. I agree with the noble Lord, Lord Balfe, that the fact it affects the rest of the world is not important—it is the question of our relationship with Europe. It is important that we do not in any way dent our soft power.
Baroness Williams of Trafford (Con)
My Lords, that issue of the UK annoying the EU could also be read both ways. But it is not a question of not welcoming people—it is putting everybody on an equal footing going forward from 1 July.
Lord Griffiths of Burry Port (Lab)
My Lords, I am mystified. Will the Minister encourage her colleagues to look again—but not in the way that the noble Lord, Lord Hunt, asks—at making it so that children from all over the world conform to the arrangements currently in force for children in Europe? That is another way of solving the problem. I note that 750,000 children from Germany and France alone have come on an annual basis under the present arrangements. Is she convinced that she could persuade the entertainment, tourism, heritage and cultural institutions of this country looking for a post-Covid boost that the refusal to reconsider this is logical or legitimate?
Baroness Williams of Trafford (Con)
I think what the noble Lord is proposing is to make the rest of the world in line with what we had in the EU—in other words, to have an open borders policy with no passports. The answer is no, I am afraid.
Baroness Ludford (LD) [V]
My Lords, this attempt to elide European school students with the rest of the world really will not wash because, as well as talking about being ambitious for global Britain, the other favourite slogan of the Brexiter Government, is “We may have left the EU but we haven’t left Europe”. This restrictive policy towards European school students is narrow-minded and bad for Britain. One of the advantages of the present system is that no child is left out, so those who cannot afford a passport or are non-EU citizens and would need a visa are included. Do this Government really want to penalise schoolchildren and damage our reputation and, indeed, our economy?
Baroness Williams of Trafford (Con)
Again, I put it back to the noble Baroness: what about people who cannot afford a passport and do not live in the EU? Do they not matter?
Lord Coaker (Lab)
I think that many in the House will be extremely disappointed with the responses the Minister has given. Last year, noble Lords raised this issue, warning of potential problems. Given that these have now arisen, can the Minister tell the House how many EU schoolchildren she estimates will be affected by the changes? Is she not concerned in the slightest that barriers to visiting and learning in the UK will give a negative impression of our country to those young people and their families—one that might, in time, be to the detriment not only of our economy but of our cultural and global reputation?
Baroness Williams of Trafford (Con)
The noble Lord will not be surprised to know that I do not agree with him. In terms of numbers, it is very difficult to prove a negative: for example, how many children will not be able to visit because of the system we have. One might also about children who are currently outside of the EU. I mentioned collective passports, which are a route for groups of children to come to this country and are, I think, very affordable.
Lord Mann (Non-Afl)
My Lords, it is not a level playing field; working- class kids from the poorest communities in the neighbouring countries which are the cheapest to get here will lose out. Middle-class and rich kids will get here whatever country they are from; that will continue. It will be the poorest kids from a variety of backgrounds, like the mining communities where I brought kids over from different countries to meet kids in our country. They are the ones who will lose out because the disproportionate increase in costs will not be borne by their parents. The poorer kids will lose from this policy, whether they are in Norway, which is not in the EU, or an EU country. The Government should think again.
Baroness Williams of Trafford (Con)
My Lords, I know that many schools have arrangements. When my children were at school there were children whose parents could not afford to send them on school trips, of which there were many, or perhaps to another country. There are generally provisions within schools to help out in such situations.
Lord Blunkett (Lab)
My Lords, this is not a matter of upsetting the European Union, but a matter of geography, history and educational connectivity and is about the reputation of our country. You can get into this country if you have £2 million whatever your circumstances, never mind whether we really want you or not, but you cannot come here under present arrangements from 1 July with a school party on the existing provisions if you come from those countries that historically we have welcomed. Surely the Minister, who is the conduit rather than the cause of our concerns, might back to the Home Secretary and say: “Yes, I know there’s a policy, which is to prevent as many people as possible coming to the United Kingdom, but at some point, does this not have a major detrimental effect down the line when people who were forbidden to come under existing arrangements remember?”
Baroness Williams of Trafford (Con)
It is not a question of forbidding people to come to this country, nor one of not welcoming children from all over the world, but it is a situation where the EU and the rest of the world are now all being treated the same way. Collective passports are in place and I am sure that there are arrangements within many schools to help children who cannot afford them, but we are not forbidding them. I just want to correct the noble Lord on that.
Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021
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Baroness Williams of Trafford
That the draft Order and Regulations laid before the House on 27 and 29 April be approved.
Relevant documents: 1st Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 7 June.
Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021
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Baroness Williams of Trafford
That the Grand Committee do consider the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021.
Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the legislation that we are debating concerns two linked elements of our immigration system: the use of biometrics and the fees regime. I shall take each of them in turn.
The use of biometric information enables us to check and confirm the identities and immigration status of foreign nationals who come to or live in the UK. The Government are pursuing an ambitious programme of change to enable the UK to take back control of its borders and deliver a fair and firm immigration system that is much easier for customers to navigate and that works in the national interest.
Through the biometric regulations we will update our powers so that fingerprints can be enrolled once and retained for subsequent reuse, saving applicants the inconvenience of needing to re-enrol every time they make a new application to come to or stay in the UK, or to replace immigration documents. The regulations also provide us with the ability to restart the fingerprint retention period when biometrics are reused for an immigration application to avoid deleting them prematurely.
The regulations will support the move from physical to digital evidence of immigration status. We live in a digital age in which businesses and customers expect a swift, user-friendly service. With that in mind, we are developing a biometrically-enabled digital immigration system, underpinned by security and efficiency, which will provide real-time evidence of immigration status online. The regulations also clarify our powers to use and retain biometric information obtained from asylum seekers and foreign nationals who are unlawfully in the UK and who require leave but do not have it or who lack adequate documentation.
The fees order sets out the services that we charge for and the maximum amounts that we are able to charge for immigration and nationality products and services. I want to be clear from the outset that no fee levels will be changed through the order. Clearly, fee levels are amended through immigration and nationality fees regulations, which are laid before Parliament separately and subject to the negative procedure.
The changes in the fees order ensure that definitions within the legislation are flexible enough to enable us to evolve our products and services to meet the demands of our customers. The order will amend the definition of “transfer of conditions” to ensure that it covers the need to update digital services as well as changes to physical documents. The change to the definition of “premium services” will provide the department with greater flexibility to offer a wider range of optional premium services that relate to immigration or nationality where there is a demand to do so. These changes do not introduce any new services at this point or impact on standard services. The order also ensures that the related provisions in the Immigration and Nationality (Fees) Regulations 2018 are updated to reflect those definitions.
In reusing biometric information, the department continues to incur processing costs that need to be met. The fees order will therefore clarify and give assurance that the power to charge for biometric enrolment also includes the power to charge for biometric reuse.
I know that these are both quite technical areas, but I hope I have been able to explain how this legislation will help facilitate our ambitious journey towards a biometrically-enabled digital immigration system and ensure that the fees we charge for border, immigration and nationality services are supported by the right framework. With that, I beg to move.
Baroness Williams of Trafford (Con)
I thank both noble Lords for the points that they made. On the point made by the noble Lord, Lord Paddick, I usually find that lack of Front-Bench participation means lack of controversy as opposed to lack of understanding. In fact, quite often a lack of understanding leads to a big showing at some of these SI debates.
I start with the final point made by the noble Lord, Lord Ponsonby, about the post offices. Clearly, being digital by default should make the whole system more seamless. However, I have previously engaged with Southall Black Sisters and am very happy to take those points back and look into them again.
On the first point from the noble Lords, Lord Paddick and Lord Ponsonby, on the reasons for biometrics and face recognition versus fingerprints, they are both right in that the instrument will allow us to reuse the fingerprints that we already hold, whether the person makes an immigration or citizenship application. It will also allow us to reuse facial photographs, although in most cases we will require a new photograph, which most applicants will be able to provide remotely using the UK ID check app.
That goes back to the previous point that I made to the noble Lord, Lord Ponsonby. Faces change, clearly, and the image needs to resemble the individual. We will deliver biometric reuse in phases, starting with applicants who apply for leave under the graduate route scheme, allowing them to use their biometric residence permit as proof of ID and use the app. They will upload a new facial image over the app, which will be displayed in the UKVI account and will enable them to use the online services to view and prove their immigration status. However, we will use the fingerprint data that they provided from their previous application; the regulations enable us to reuse the previously enrolled fingerprints for a new application and allow for the fingerprint retention period to be restarted as if they fingerprints had been freshly enrolled.
One of the noble Lords asked about destruction of images that are no longer in use—I think it was the noble Lord, Lord Paddick. My understanding is that they would be destroyed if not used. If that is any different, I shall confirm it in writing, but it is my understanding that they are destroyed.
We are extending the retention period to 15 years because we sought to strike the right balance between public safety, customer convenience and individual privacy rights. It will reduce the likelihood that a person’s fingerprints will have been deleted before they make a further application, thereby avoiding the inconvenience and cost associated with providing a new set of fingerprints while maintaining the principle that we will retain fingerprints only for as long as necessary.
In addition to customer convenience, the public safety aspect is of course a key priority, particularly our ability to identify foreign nationals who overstay their immigration permission and abscond. We have encountered individuals who have been in the country for more than 10 years and were identified as immigration offenders or found to have committed serious criminal offences, which would have triggered a longer fingerprint retention period, shortly before their fingerprints were due to be deleted. We do not want to delete the fingerprints of such individuals earlier then we need to, because it makes it harder to identify them and remove them from the UK.
On the point made by the noble Lord, Lord Paddick, about EU settled status applications, if your application is pending your rights will be protected. In any event, no action will be taken until post 1 July. After that, you will have 28 days in which to either start an application or have it concluded.
There have been many debates over the past couple of years on the transition from physical documents to evidence of immigration status in a digital format. The Government have made it absolutely clear that we will be digital by default and will move away from physical documents as evidence of immigration status to all migrants having access to online services to view and prove their immigration status. To answer a point made I think by the noble Lord, Lord Ponsonby, the UKVI account can be accessed and updated more easily than a physical document, which, of course, has to be reissued. We started the process of providing access to the online “view and prove” services instead of a physical document as evidence of status for those granted leave under the EU settlement scheme. Those who are able to use the UK Immigration: ID Check app include those applying under most of the new points-based system routes and, of course, on the Hong Kong BNO route.
Replacing the physical immigration documents with access to online services to view and prove immigration status for all migrants at the same time would not be practical. Instead, we intend to phase out physical documents incrementally. That is why the regulations change the definition of a biometric immigration document to give us greater flexibility to issue documents in a range of formats, whether the biometric residence permit, a vignette in a person’s passport, or a digital product. The fees order will also amend the definition of “transfer of conditions” to ensure that it covers updates to online services as well as physical documents.
I should explain why we have included provisions relating to the taking of photographs under the Immigration and Asylum Act 1999. At the time of that Act, we did not consider photographs to be biometric information. Of course, technology has moved on and it is right that these regulations clarify the position to make it clear that photographs can be taken, used and retained in the same way as fingerprints are taken under the 1999 Act. This will ensure that photographs taken for these purposes will be treated in the same way as photographs provided for an immigration or citizenship application.
The noble Lord, Lord Paddick, asked about premium services. The order is not creating any new services or amending the fee that can be charged for any premium services. It will allow the Home Office to identify opportunities to further enhance the customer experience with the introduction of new, optional—that is the operative word—premium services. These services are not in connection with an application; they are provided over and above any standard or basic service in connection with immigration or nationality. The order will allow the premium services to be offered in connection with immigration and nationality more broadly, not just immigration and nationality services.
On the fees, it is government policy that those who use and benefit most from the immigration system should contribute towards the cost of operating the system, reducing the burden on the UK taxpayer. We think that our fee levels allow us to continue to attract the brightest and best to the UK, while enabling the Home Office to work towards a self-financing migration, border and citizenship service. We do not make a profit from applications where the fee is higher than the estimated unit cost, because all income generated above the estimated unit cost is used to fund wider migration, border and citizenship services, reducing the cost to the taxpayer.
I think I have answered all questions. The noble Lord, Lord Ponsonby, and I are staring straight at each other, and so he can say if he has any other points.
Immigration and Nationality (Fees) (Amendment) Order 2021
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Baroness Williams of Trafford
That the Grand Committee do consider the Immigration and Nationality (Fees) (Amendment) Order 2021.
British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021
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Baroness Williams of Trafford
Moved by
That the Grand Committee do consider the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, for ease, I will refer to this instrument as the “British Nationality Act SI”. The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended free movement on 31 December last year. That Act enabled us to take back control of our borders for the first time in decades, delivering on manifesto promises to the British people and paving the way for the new points-based immigration system, which began operating from 1 January 2021.
Parliament also approved the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. These provide an additional six months—referred to as the grace period—in which an EEA or Swiss national and their family members resident here by the end of the transition period can still make an application to the EU settlement scheme by 30 June this year for the status they need to secure their rights under the citizens’ rights agreements, and have their existing EEA residence rights protected in the meantime. The Immigration Rules for the scheme, at appendix EU, also confirm that, in line with the citizens’ rights agreements, an application can be made after the 30 June deadline where there are reasonable grounds for missing that deadline.
The British Nationality Act SI reflects the ending of the grace period on 30 June 2021 and the scope for an application to the EU settlement scheme to be made after that date, or to be decided after that date having been made before it. The SI protects nationality rights for children born after 30 June but before the outcome of such an application. It is only after 30 June, and with the ending of the grace period, where there is a risk of parents losing status previously held and protected.
The British Nationality Act SI is made under the delegated regulation power in Section 5 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, the scope of which was debated extensively in both Houses during the passage of the legislation. The SI amends primary UK legislation as a consequence of, or in connection with, the provisions in Part 1 of the Act, which end free movement. It amends legislation relating to nationality acquired through birth in the UK. We are determined to ensure that children do not miss out on British citizenship through no fault of their own.
The very positive effect of the legislative change that we are discussing is to allow a child to automatically become a British citizen when born in the UK after 30 June 2021 and once the EU settlement scheme application submitted by their parent or parents is resolved through the granting of indefinite leave—known under the EU settlement scheme as “settled status”—which occurs after that birth. This might occur in two scenarios: where an application was submitted by 30 June but has not been resolved at the point of the child’s birth; or where an application is submitted after the 30 June deadline, based on reasonable grounds for missing that deadline, and is resolved favourably after the child’s birth. In this scenario, the parent would clearly need to demonstrate that they would have met the relevant eligibility requirements immediately before 1 July 2021.
The immigration rules and guidance already set out how any late applications to the EU settlement scheme should be considered and the approach to take to what may constitute reasonable grounds. The British Nationality Act SI provides clear protection for a child in this position without the need to make a separate nationality application, reflecting the unique position of those affected. The change will come into force on 1 July, immediately after the end of the grace period.
This SI ensures that there are no unintended consequences from the necessary deadline for the EU settlement scheme. It is basically an essential step in protecting the status of children, and I commend it to the Committee.
Baroness Williams of Trafford (Con)
My Lords, I will first answer the question on the citizenship fee from the noble Lord, Lord Ponsonby, because it is at the forefront of my mind. We are doing a Section 55 assessment at this point in time, so that is being reviewed. It will not necessarily change the fee, but nevertheless we are doing that which the court asked of us and doing that Section 55 assessment.
The noble Baroness, Lady Ludford, asked how many children—I presume she means in local authority care—do not have settled status. I am afraid I do not know the answer, but I can tell her that a lot of effort has been made to engage with local authorities to ensure that children whose corporate parent is the state are signed up to the settlement scheme. In any event, should that fail, they would very clearly come under the reasonable excuses category. We are being very pragmatic on the reasonable excuses category; we are taking a sensible approach to people who for reasons of disability, domestic violence or the local authority just not meeting their obligations, for example, would very clearly have come under the category of being able to apply to the EU settlement scheme being in scope of that reasonable excuses framework.
On the right to work and the implications after 1 July, I say to the noble Baroness, Lady Ludford, that landlords are under a duty to do those right-to-work due diligence checks. In line with that pragmatism from the Government, we will give people time, no matter what the issue—whether the right to rent or right to work—to prove their status. I think the time is 28 days, so people will be given time.
On whether the EUSS Covid guidance is being sent out this week, I certainly know it is being sent out. Again, going back to that pragmatism, people who have not been able to get here clearly have more than a reasonable excuse not to have been here.
To answer the question from the noble Baroness, Lady Ludford, yes, the guidance will be updated in the light of the statutory instrument. In line with other issues, we will try to communicate as widely as possible what those people who might be in scope of this statutory instrument will need to do.
Are we going to expand the reasonable excuses? The reasonable excuses guidance is, I think, one of those areas where, as time goes on, we may find that people will suddenly come into scope. We will keep that under review.
On outstanding applications, there is not actually a backlog because they are within three months of application; it is more that they are progressing through the system. About 300,000 applications are estimated to be in scope. I say to the noble Baroness and the noble Lord that that work in progress might concern those who are going through the criminal justice system, and people who do not have national insurance numbers are another set who are in scope. To be pedantic, it is not actually a backlog.
On the British citizens who have been sent letters, I saw the tweet on Saturday—I was at the derby so I did not answer it, but I thought I might give the official answer today. If the noble Baroness looks carefully at the letter, she will see that it very clearly states that if you already have status or indefinite leave to remain then you can ignore the letter. If she refers to the tweet, she will see it. We are criticised when we do not do things and then we are criticised when we have duplications. In this situation, they are duplicates. For the people who do not need to apply, that is clearly stated on the letter.
Citizenship is not retrospectively granted, like much in UK law. It is from the date that their parents get settled status.
I cannot remember what the noble Lord, Lord Ponsonby, asked, but basically, once the EU settlement scheme application submitted by the parent or parents is resolved through a grant of indefinite leave, known under the EU settlement scheme as settled status, which occurs after that birth, it is free of charge.
The noble Baroness, Lady Ludford, asked why the date. It reflects the ending of the grace period, that being the last day on which EEA residents’ rights will exist for those persons resident here by 31 December 2020 and who have not made an application to the EU settlement scheme.
I think I have already attempted to answer the question on the number we expect. It is very difficult to know but, as I said, we are doing all we can to engage with people accessing things such as midwifery services to remind them to secure EU settlement scheme status for themselves and any expected children.
I think I have answered all the questions—I know the noble Baroness, Lady Ludford, is not happy with all the answers, but I think I have answered them all. If there are any supplementary questions, I would be very happy to answer them, given that we have plenty of time.
The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)
I have noticed that the noble Baroness, Lady Ludford, would like to ask a supplementary question for clarification. If the Minister is happy, and given the time, I suggest we proceed. I call the noble Baroness, Lady Ludford.
Baroness Ludford (LD)
I thank the Minister for her replies, and on the question of British citizens I confess I have not seen her tweet in reply, although it is true that I tweeted at her—I am glad she was actually enjoying herself on the day. But I could have got one of those letters. Why should a British citizen be judged to be within the scope of the cohort who should get a letter? I have seen some comments following that thread suggesting that there is some Home Office scoping exercise to see who it might be missing, but it does not inspire confidence that people with British citizenship who do not need to apply for settled status are getting letters. They are always official, if not officious, letters from the Home Office which put the wind up many people—and would do so for me if I got one—implying that there is something wrong with your existing status. If you are a British citizen and get this letter, you would be nervous. I do not understand what mistake, or deliberation, has led to British citizens getting the letter.
As a second point, I think the Minister—forgive me if I am wrong—did not address what happens to children born before 30 June whose parents make a late application, or do not make one at all, but where it is later resolved. The SI is all about children born after 30 June; if they are born before 30 June but their parents, for whatever good or not so good reason, are none the less delayed in getting their status, what happens to them?
Baroness Williams of Trafford (Con)
A child born before 30 June whose parent has not applied to the EU settlement scheme—if it were just the child—would clearly have the reasonable excuse that their parent did not apply to the EU settlement scheme, even though they were born in the UK. That is the answer to that question. Clearly, we are now trying to capture those children born after 30 June whose parents have applied.
On the letter, the rationale behind it is that we wanted to capture as many people as we could, not as few people, so I acknowledge that people to whom it does not apply may have received letters. I can say to the noble Baroness that we are doing a data-cleansing exercise to try to reduce that duplication. We do not want to worry people, but we do want to make sure that as many people apply as possible.
Immigration Rules: Statements of Changes
Baroness Williams of Trafford Excerpts(2 years, 11 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I first thank the noble Lord, Lord Green, for securing this debate. To any noble Lord who thinks that this issue will not be debated time and again in your Lordships’ House, I say that that is quite wrong. This House is very good at scrutinising all aspects of government policy, and I fully expect that, when we come to the sovereign borders debate, we will spend days on end discussing this issue.
I welcome the noble Lord, Lord Coaker, to his place on the Front Bench. It is slightly strange to respond to him with my noble friend Lord Kennedy—he is my noble friend—sitting on the Front Bench, but I know from my brief chat with him that he will be a very good addition to it. Of course, the noble Lord, Lord Kennedy, will be a great Chief Whip for the Labour group.
I start with the substance of the debate. Our new plan for immigration is driven by three objectives. The first is to increase the fairness of our system so that we can protect and support those in genuine need of asylum. The second is to deter illegal entry into the UK, breaking the awful business model of people smugglers—I do not think that any noble Lords have in any way tried to lessen the severity of what they do—and protecting those people whose lives are in danger. The third is to remove more easily from the UK those with no right to be here.
We will continue to provide safe refuge to those in need and strengthen the support for those arriving through safe and legal routes. People coming to the UK through resettlement routes will be granted indefinite leave to remain, and they will receive more support to learn English, find work and integrate. The Government will also act to help those who have suffered injustices.
I will pick up on the point that I think was made by the both the noble Lords, Lord Coaker and Lord Dubs, welcoming our attempts to expand community sponsorship, because I think that is a fantastic way of always being an advocate of it. I am sure we will have more discussions about that during the next few months. We will also amend British nationality law so that members of the Windrush generation, as mentioned by the right reverend Prelate the Bishop of Southwark and others, will be able to obtain British citizenship more easily.
The plan marks a step change in our approach as we toughen our stance to deter illegal entry and the criminals that endanger life by enabling it. For the first time, whether people enter the UK legally or illegally will have an impact on how their asylum claim progresses —I know some noble Lords are not happy about that, but it is to deter criminality—and on their status in the UK, if that claim is successful. We will deem their claim inadmissible and make every effort to remove those who enter the UK illegally, having travelled through a safe country first in which they could and should have claimed asylum. I do not agree with the noble Lord, Lord Paddick, that this will be a good thing for people smugglers. We intend to really crack down on them.
The noble Lord, Lord Bilimoria, said that for the first time we will be opening the economy to the whole world in terms of applying for jobs. He also mentioned as a side issue—it is not a side issue at all, but a side issue to this debate—about international students getting vaccinated. I confirm that immigration status is not a bar to vaccination.
I will go back to the first point made by the noble Lord, Lord Green of Deddington, which was also talked about by the noble Lords, Lord Coaker and Lord Paddick, about the complexity of these rules making parliamentary scrutiny very difficult. We do not agree with that. The October rules made essential changes which delivered on the Government’s people’s priorities commitment to introduce a new global immigration system. The new rules are shorter, are easier to read, in a predictable structure and written in plain English. We wholeheartedly welcome and support parliamentary scrutiny; I know we will be scrutinised on this at length. We published a detailed response to the Law Commission’s report in March 2020 and provided a lengthy and comprehensive Explanatory Memorandum to support the rules.
The new rules, which, I might say to the noble Lord, Lord Coaker, were actually made in the same way as they were when he was a Home Office Minister, have been structured and written so that they are easier to understand and navigate. We are trying to strip back complexity and ensure that the requirements are clear to applicants, employers and other users. This an ongoing process and we will continue to improve and develop the rules. It includes consolidating immigration legislation in line with the Law Commission’s recommendation. It is not a process that can be completed overnight, but we are determined to make progress so that the system is easier to navigate and understand for all users.
In response to the specific points in the 33rd report of the Secondary Legislation Scrutiny Committee, which criticised the length of the rules change, it should be remembered that the introduction of the new points-based system at the end of free movement was an extremely significant milestone in this country’s approach to immigration. Those were important and wide-ranging reforms that had to be delivered before the end of the transition period. While the Immigration Rules are the technical underpinning of the immigration system, there is no expectation that applicants would need to understand them in minute detail, because they can find that clear and straightforward information on GOV.UK.
The noble Lords, Lord Dubs and Lord Paddick, and the right reverend Prelate the Bishop of Southwark talked about the new rules on inadmissibility. Those who fear persecution should claim asylum in the first safe country that they reach. Inadmissibility is a long-standing process designed to prevent secondary movement across Europe, and these measures have been introduced to support this principle now that the UK is no longer bound by the Dublin regulation.
In answer to my noble friend Lord Balfe’s point on accepting claims made by those who enter the UK on small boats, it has to be said that too many people risk their lives to get to the UK using unseaworthy vessels, putting not only their lives but those of our Border Force and the people who rescue them at risk. We are determined to send a clear signal that it is completely unacceptable for individuals to travel through multiple safe countries to claim asylum in the UK. I have said time and again that the only people who benefit from this are the criminals, who have no regard for human life at all.
The noble Lord, Lord Dubs, the right reverend Prelate the Bishop of Southwark, and, I think, the noble Lords, Lord Paddick and Lord Coaker, asked how inadmissibility provisions can work without returns agreements. The inadmissibility provisions in the Immigration Rules give us the legal basis to declare an asylum claim as inadmissible where a person has a connection to or has passed through a safe country. As I have said, we are very determined to send that clear signal that people should not travel through multiple safe countries to claim asylum in the UK. Now we are outside the confines of the EU structures, we can be much more flexible about the evidence that we use to underpin a return.
The noble Lord, Lord Dubs, as I knew he might, asked how we will return people to the EU without Dublin, and a number of other noble Lords asked how some of the conversations are going with other countries. We are seeking to negotiate readmissions arrangements with key EU member states that have a mutual interest in protecting against secondary movements. Unlike Dublin, the new returns agreements we seek will return an individual to any safe country—I know that the noble Lord, Lord Paddick, said he objects to that—that they have a connection to or has been present in and could have claimed asylum in, making it much more straightforward. We have also made a political commitment to pursue new bilateral negotiations on post-transition migration issues with third countries with which we share a mutual interest. This includes new arrangements for the family reunion of unaccompanied asylum-seeking children.
On our international commitments, which the noble Baroness, Lady Bennett of Manor Castle, the noble Lord, Lord Dubs, and the right reverend Prelate the Bishop of Southwark asked about, we are very clear that the new rules comply with our international obligations under the refugee convention. We will only ever return inadmissible claimants to countries that are safe. If we cannot return an inadmissible claimant to a safe country within a reasonable period of time, we will consider their claim in the UK.
On the cap and the salary threshold that my noble friend Lord Horam and the noble Lord, Lord Green of Deddington, asked about, the MAC advised that the cap be abolished, as
“it creates uncertainty among employers and it makes little sense for a migrant to be perceived as of value one day and not the next which is what inevitably happens when the cap binds.”
The MAC has said—I think I said this the other day— that if the Government want to reduce migration numbers it would make more economic sense to do so by varying the other aspects of the scheme criteria, such as salary thresholds and the level of the immigration surcharge. On the issue of numbers overall, the Government have been quite clear for a number of years now that it is not about numbers but about a fair system and people not taking illegal journeys to this country when it is dangerous to do so.
The noble Lords, Lord Balfe and Lord Coaker, talked about BNOs. I will have to provide the noble Lord, Lord Coaker, with some more information, because he made so many points that I did not quite have a chance to write them all down. We are aware that a potentially significant number of individuals plan to move to the UK via this route. We have made available £43 million of dedicated support for Hong Kong BNO status holders and their families who choose to settle in the UK. As for recourse to public funds, I am under the assumption that because they will have leave to settle in the UK, they will have recourse to public funds, but I will double check that. I will also answer the noble Lord’s question on the Youth Mobility Scheme in writing, because I am not entirely certain of the answer.
The noble Lord also asked about the shortage occupation list. As he knows, it contains skilled occupations where there is a national shortage of workers which can sensibly be filled, in part, through migration. The MAC recommends changes to the SOL where there are skilled jobs with an identified national shortage that it would be sensible to fill, at least in part, through immigration—these are set out in the shortage occupation list. The noble Lord mentioned senior health workers, and he is absolutely correct. Changes to the immigration rules in March of this year give workers in key health and care roles greater opportunity to come to the UK. Pharmacists, lab technicians, senior care workers and nursing assistants are among roles that were added to the shortage occupation list.
The noble Lord, Lord Liddle, stated that we are opening up jobs to the whole of the world—I would have thought that might be quite in line with his EU free-movement credentials. I think it is fair that people who have the sufficient skills and salary to come to this country should be given the opportunity, across the piece, to do so.
The Government promised to take a common-sense approach to controlling immigration, both legal and illegal, and we will deliver on that promise. I look forward to further debates on this issue in the coming weeks and months. I thank all noble Lords, particularly the noble Lord, Lord Green, for taking part in this debate.
E-scooters
Baroness Williams of Trafford Excerpts(2 years, 11 months ago)
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Baroness McIntosh of Pickering
To ask Her Majesty’s Government what assessment they have made of the number of e-scooters currently being used illegally in London; and what steps they intend to take to address such use.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, enforcement of road traffic law in London is an operational matter for the Metropolitan Police, according to local policing plans. The Government will continue to support the police by ensuring that they have the tools needed to enforce road traffic legislation, including relating to electric scooters.
Baroness McIntosh of Pickering (Con)
Does my noble friend accept that it is totally illegal to use e-scooters in public areas in London at this time, yet they are widely used on pavements, in parks and on roads, risking casualties and deaths? The law is simply not being enforced. Will she use her good offices to ensure that before the pilots start in June for rental scooters in London, the use of e-scooters—which are illegal when owned and used in public places—is properly regulated and policed as a priority, and that the law is enforced? Is she aware that as they are not currently regulated and insured, dealing with any casualties will be a drain on the resources of the Motor Insurers’ Bureau?
Baroness Williams of Trafford (Con)
I totally share my noble friend’s concerns. Of course, there are two categories of scooter: the rental scooter, which can be insured, and the privately owned scooter. It is perfectly legal to purchase them, but they cannot be insured. Trials have been going on all over the country, but I hope the trials going on in London will clarify the situation once and for all and prevent the problems my noble friend outlines.
Lord Lexden (Con)
My Lords, how can we be confident that the illegal riding of e-scooters on pavements will be prevented when the illegal riding of bicycles on pavements flourishes almost unchecked? How about introducing compulsory training in courtesy and respect for others before anybody is let loose on an e-scooter, or indeed a bicycle?
Baroness Williams of Trafford (Con)
My noble friend outlines an important problem. As a humble pedal biker of a Brompton—other brands are available—I know how frightening it is to be approached by one of these e-scooters on the road. Riding on the pavement can result in a fixed penalty notice of £50, but to my noble friend’s point I recommend that everybody who rides a cycle, wherever they ride it, gets the proper training they need.
The Earl of Clancarty (CB)
My Lords, I first became aware of the extensive use of e-scooters a couple of years ago, when I saw smartly dressed young men and women whizzing around the centre of Vienna, clearly on the way to the office. There, e-scooters have been legalised and integrated into the bicycling infrastructure. E-scooters are here to stay, at least for a while, so does the Minister not agree that the quicker we legalise them across the whole UK, the better—not least so that we can regulate specifications and ensure roadworthiness?
Baroness Williams of Trafford (Con)
I think the trials will help towards this end. They are here to stay—nobody is denying that—but it is a question of not in any way endangering the safety of others and being ridden in a way that is safe to other motorists and cyclists on the road.
Lord Winston (Lab)
My Lords, the Minister is to be congratulated on riding a Brompton bike and not contributing to climate change, but I am afraid her answers are rather disappointing. Some three and a half years ago in this House, I broached the issue of accidents with bicycles on pavements, as she may remember, and there was a huge amount of press coverage about it afterwards. Can she not say why the Government do not ensure that people driving any kind of powered vehicle, be it a scooter or a bike with a battery, are not identified and capable of being identified, with proper identification, that regulations are enforced—because there is no point in having them otherwise—and that insurance is insisted on? At the moment, accidents are happening.
Baroness Williams of Trafford (Con)
This comes back to the privately owned scooter versus the rental scooter. Rental scooters have identity tags on them and are insured. The thing is that it is not legal to drive the privately owned ones on roads or pavements. I fully take the noble Lord’s point and hope that the trials will go some way to addressing this.
Baroness Randerson (LD)
There are 50 trial areas and only 7,608 e-scooters legally in use on our roads across the UK, but local authorities have reported over 800 incidents, including serious injuries to a three year-old child walking on the pavement. Does the Minister agree that this is an unacceptable level of risk and will she and her colleagues urgently look again at the trials taking place with the intention of speeding up the introduction of proper regulation and penalties across the whole UK?
Baroness Williams of Trafford (Con)
I do think that 300 injuries is too many—one injury is too many—and, to that end, I know that the Metropolitan Police have impounded nearly 1,000 e-scooters in the two years to April this year.
Lord Rosser (Lab) [V]
Reference has been made to the e-scooter trials taking place around the country. What will be the Home Office objectives in respect of the content of any new laws and regulations on the use of e-scooters following those trials? Secondly, will the Home Office give a commitment today that, whatever laws and regulations on the future use of e-scooters are agreed and passed, they will be properly enforced by the police, who will have the staffing resources to enable them to do that?
Baroness Williams of Trafford (Con)
On the noble Lord’s latter point, the Government are making good headway with recruiting 20,000 more police officers, who are operationally independent of the Government. As for the number one objective, of course it will be safety. The elements that rental scooters have that privately owned scooters do not have are unique IDs, rear lights and signalling ability, and I am sure that those factors will be taken into consideration.
Lord Shinkwin (Con)
Will my noble friend undertake to ensure that disability organisations, particularly the Guide Dogs for the Blind Association, are consulted by the police about enforcement of the law concerning e-scooters?
Baroness Williams of Trafford (Con)
I cannot say whether there is an intention to do that, but I acknowledge my noble friend’s point and will take it back. Not only are these things fast, they are also incredibly quiet and therefore difficult to detect.
Lord Jones of Cheltenham (LD) [V]
The Science and Technology Select Committee in another place, on which I used to serve, once visited Boston, Massachusetts, and met entrepreneurs developing e-scooters. We had test drives, which were—let us say—challenging for some of us. Will the Minister and other government members undergo prolonged tests on e-scooters, as well as Segways and Solowheels, with the media present, to make sure that any new regulations are fit for purpose?
Baroness Williams of Trafford (Con)
I think doing that with the media present would be a recipe for disaster, particularly for some Members of either your Lordships’ House or the other place. But I agree with the noble Lord’s point that these things have to be well tested. He makes the point about Segways and those mono-wheels, which I think are incredibly dangerous. I agree with him.
Lord Berkeley (Lab)
I fear that the Government have lost the race now. I am told by cycling groups that there will be 1 million illegal e-scooters on the roads by the end of this year. Would it not be best to make them the same as e-bicycles in the concept and concentrate enforcement on their not going on pavements and on road traffic not speeding?
Baroness Williams of Trafford (Con)
All of what the noble Lord says is true. E-scooters are different from e-bikes in that you actually have to make some effort to propel the e-bike, whereas the e-scooter is self-propelling. I think they are here to stay, but at the heart of this is the safety of other people riding bikes or, indeed, driving cars, as well the as safety of pedestrians, particularly disabled ones, as my noble friend mentioned.
Lord Rogan (UUP)
E-scooters are currently banned in Northern Ireland, but just last week the Belfast Telegraph reported that the PSNI had stepped up enforcement actions against these vehicles and their riders after noticing their increased popularity. Figures provided by local councils show that 210 people have been injured in e-scooter incidents since they were legalised in England last summer. I urge the Minister to share these statistics and any related background information she holds with the devolved Administrations, including Northern Ireland, in case they may be minded to follow Her Majesty’s Government’s misguided and dangerous policy on e-scooters.
Baroness Williams of Trafford (Con)
My Lords, we regularly engage with the devolved Administrations, and I shall certainly take that back.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
Net Migration
Baroness Williams of Trafford Excerpts(2 years, 11 months ago)
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Lord Green of Deddington
To ask Her Majesty’s Government what plans they have to reduce net migration to the United Kingdom.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, a points-based system is a fair system which prioritises the skills and talents needed in the UK for our economic growth, rather than focusing on arbitrary net migration targets. The system is delivering on our commitment to the British people to take back control of our borders.
Lord Green of Deddington (CB) [V]
My Lords, what the Government have actually done is to throw open our work permit system to the entire world. They have lowered the qualification level and reduced the salary requirement and as a result, 7 million—yes, 7 million—UK jobs have been opened to the entire world with no limit on the numbers. This could so easily spin out of control. Does the Minister agree that it would be wise to impose an annual cap on work permits, as is the case in the real Australian points-based system?
Baroness Williams of Trafford (Con)
My Lords, the noble Lord is right that the new points-based system that we intend to roll out is open to the entire world. Interestingly, the MAC advice was that the cap be abolished and that it would make sense to reduce migration numbers by varying other aspects of the scheme criteria—for example, the salary threshold and the level of the immigration service charge.
Lord Dubs (Lab) [V]
My Lords, is not one consequence of the Government’s stated policy that we are doing enormous damage to our economy, particularly in areas where there are labour shortages, such as agriculture, horticulture and social care? In the attempt to keep the numbers down, is there not a danger that we will be breaching the human rights of asylum seekers simply because their mode of travel is not acceptable to the Government?
Baroness Williams of Trafford (Con)
My Lords, one of the things we discussed in previous debates was employers in this country not seeking to use cheap migrant labour but to rely on our domestic labour supply. We want a fair system for asylum seekers with safe, legal routes.
Lord Paddick (LD) [V]
My Lords, the Home Secretary has made a lot of strengthening our approach to criminality and implementing powers to refuse entry to arrivals convicted of certain criminal offences. How can this be when EU citizens are still allowed to enter the UK without a visa and the UK has lost real-time access to the EU criminal records database? How does Border Force know whether a passenger crossing the UK border has a criminal record?
Baroness Williams of Trafford (Con)
My Lords, from 1 July it will be incumbent upon people who enter this country to do so through a legal route, and the immigration system will be operating from then. It is right that we provide inadmissibility for people who do not come through those safe and legal routes.
Lord Balfe (Con)
My Lords, while I support many aspects of the new policy, in particular for asylum seekers, will the Minister look at the scandal of people landing on the beaches of this country, seemingly at the end of a system of abuse of the system, and make it an offence, with suitable penalties, to enter the country illegally?
Baroness Williams of Trafford (Con)
My noble friend has illustrated the abuse on so many levels of people coming to this country through non-legal routes. People landing on the beaches is a scandal for all sorts of reasons, mainly because criminality has brought them there. They are not necessarily criminals, but criminality has brought them there and criminality does not care at all for the safety and security of those people.
Lord Ramsbotham (CB) [V]
My Lords, can the Minister please assure the House that the Home Office has sufficient numbers of experienced and qualified caseworkers to deal with the increased numbers likely under the new immigration plan?
Lord Rosser (Lab) [V]
We supported the Government’s decision to enable up to 5 million people from Hong Kong to come to this country if they so wish. What is the Government’s current estimate of the number of people in Hong Kong likely to take up the offer, and what is the basis of the calculation of that estimate?
Baroness Williams of Trafford (Con)
My Lords, I have up-to-date figures for the noble Lord. I apologise for fiddling with my mask. Between 31 January and 19 March this year, approximately 27,000 BNO status holders and their family members applied for a visa. That number reflects applications rather than visa holders. The first official statistics on this route will be released as part of the next quarterly migration stats on 27 May.
Baroness Ludford (LD) [V]
My Lords, an obsession with net immigration numbers has brought us an end to free movement, and therefore the loss of mobility for service providers; a shortage of health and social care workers, including home carers for people with disabilities; a shortage of horticultural workers to pick our fruit and veg; the mistreatment of EU nationals; and more. When will the Government approach immigration with sensible practicality and fairness, rather than dogma and slogans?
Baroness Williams of Trafford (Con)
I think our approach is based on the former. There will be fewer lower-skilled migrants, overall numbers will come down and we will ensure that the British people are always in control. On that point about lower-paid workers, as I said to the noble Lord, Lord Dubs, it is time for resident labour market employers to recruit from people in this country.
Lord Mann (Non-Afl)
Local authorities have to project 15 years forward in their allocation of land for new housing. Can the Minister confirm that the ONS will be required to use the change of policy in relation to Hong Kong Chinese in analysing and guessing what the future population will be, and that this in itself will determine the housing allocation requirements that local authorities have to provide?
Baroness Williams of Trafford (Con)
The ONS figures we receive every year are absolutely vital to providing projections for not only housing numbers but all the other infrastructure that the population need—schools, health services, roads, et cetera.
Lord Singh of Wimbledon (CB) [V]
My Lords, the Home Secretary says that we welcome those in genuine need of sanctuary, except those forced to flee in small boats. Many of those people have lost their homes and livelihoods as a result of conflict in the Middle East made worse by the intervention of outside countries, including the UK. Does the Minister therefore agree that we have a moral obligation to give shelter to those we have helped make homeless refugees?
Baroness Williams of Trafford (Con)
My Lords, not only do we have a moral obligation but we have stated that moral obligation time and again. We have a history of meeting that moral obligation, and we intend to continue to do so.
Lord Rooker (Lab) [V]
My Lords, in my 20 years of membership of the House, which comes about next month, the population has increased by 6.1 million people, all unplanned. Has the Minister read the Civitas pamphlet Overcrowded Islands? by our colleague, the noble Lord, Lord Hodgson of Astley Abbotts, calling for a demographic authority to look at population changes and consequences?
Baroness Williams of Trafford (Con)
When the noble Lord started asking that question, I thought he meant the population of the House of Lords until he said 6.1 million. He is absolutely right. This goes to the question from the noble Lord, Lord Mann; we need a system that provides for the skilled workers we need here but also the infrastructure to underpin some of that planning.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked, and we now move to the next Question.
Daniel Morgan: Independent Panel Report
Baroness Williams of Trafford Excerpts(2 years, 11 months ago)
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Lord Rosser (Lab) [V]
The expected publication date of the independent panel’s report was over a week ago. The Home Office has said that it has asked the chair of the independent panel to agree a process for “sharing” the report with the department in order to proceed with its publication, because the Home Secretary has national security and Human Rights Act responsibilities. Yet the Government said in the Commons yesterday that
“redaction, editing and so on”—[Official Report, Commons, 24/5/21; col. 52.]
of the independent report “will not happen.” The panel itself, whose chair will speak on this Urgent Question, has said that
“a senior specialist Metropolitan Police team”
has already carried out a security check, and that the intervention of the Home Secretary is
“unnecessary and is not consistent with the panel’s independence”,
whose terms of reference make it clear that the Home Secretary’s role is limited to receiving the report, laying it before Parliament and responding to the findings. How are the Home Secretary’s intervention and supposed checks, which will not lead to any
“redaction, editing and so on”,—[Official Report, Commons, 24/5/21; col. 52.]
consistent with the independent—I stress the word—panel’s terms of reference?
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, a publication date cannot be arranged until the report is actually received. The Home Office is working with the panel for that to happen. My honourable friend did say yesterday that there would be no redactions, but there were caveats in two areas: national security and human rights considerations. Security checks have already been carried out; I bow completely to the knowledge and experience of the people who may have carried them out, but my right honourable friend the Home Secretary has a personal obligation, by dint of her post, to assure herself that those security checks are carried out to her satisfaction.
Lord Paddick (LD) [V]
My Lords, when the Metropolitan police service refused to allow the Independent Police Complaints Commission to visit the scene of the police shooting of the innocent Brazilian Jean Charles de Menezes in 2005, I went to the then Deputy Commissioner of the Metropolitan Police and told him it was the most stupid decision I had ever heard of in policing, because it would give credence to people who were expecting a cover-up. The second most stupid decision must be that of the Home Secretary to block the publication of a report into an alleged establishment cover-up over the investigation of the murder of Daniel Morgan. Does the Minister not see the parallels?
Baroness Williams of Trafford (Con)
My Lords, I do not see how there can have been a cover-up, if the Home Secretary has not yet received the report. We need to be very careful about the series of events that are required for publication to take place. I am sure that, like the noble Lord, we all look forward to the report being published in Parliament.
Baroness O'Loan (CB) [V]
My Lords, I declare an interest as chair of the Daniel Morgan independent panel. Is the noble Baroness aware that the panel has worked very closely with the Home Office, including with the Permanent Secretary, on arrangements for publication, and that it understood until 10 May that it was most likely that the report would be published on 17 May or yesterday and that the Home Secretary would have prior sight of it, as normal? There was no suggestion that the Home Secretary would seek to redact the panel’s independent report.
Is the Minister aware of the process adopted by the panel to ensure compliance with its legal obligations, which derive from its terms of reference, and the requirements when a report is to be published in Parliament, which include getting consent from all document holders to publication of their material, an anonymisation process, the sending of fairness letters to all individuals and organisations criticised in the report, a 10-day security review by five senior members of the Metropolitan Police and a full legal review of the 1,200-page report by the panel’s independent solicitors and Queen’s Counsel to ensure that there are no outstanding concerns?
Is she aware that the panel now awaits confirmation from the Home Office of the arrangements to ensure the security of the report prior to its publication in Parliament? Despite her previous answer, can she assure the House that publication will occur by 16 June, to enable the family of Daniel Morgan, who have been waiting 34 years and three months for answers, finally to see this report?
Baroness Williams of Trafford (Con)
I begin by thanking the noble Baroness for the part she has played as chair of the inquiry. We are as keen as she is to see that report published in Parliament. I echo her words about the family, who have had to wait 34 years for some of the answers they seek. That must have been an incredibly painful process for them. On publication to Parliament, I agree that the panel is now awaiting confirmation of the arrangements from the Home Office. The Home Secretary needs to see the report before it can be published in Parliament. To echo previous noble Lords, I also completely respect that legal specialists have looked at the report, but my right honourable friend the Home Secretary is under an obligation to assure herself of those facts before the report is published. As my honourable friend read out yesterday, the terms of reference say:
“The Independent Panel will present its final Report to the Home Secretary who will make arrangements.”
The noble Baroness has acknowledged that there is no attempt to redact, only to ensure that human rights and national security issues are absolutely scrutinised. Then, I hope, the report will be published as soon as practicable.
Lord Rooker (Lab) [V]
My Lords, during yesterday’s exchanges in the House of Commons the Minister was specifically asked twice, by Chris Bryant at col. 52 and Stuart McDonald at col. 54, to set out details of meetings of the Home Secretary or advisers with News UK, Rupert Murdoch or Rebekah Brooks regarding the panel report. The Minister completely ignored both questions and at no time made any reference to News UK. Would the Minister now like to answer the point, which must be referred to in her brief? Have there been such meetings?
Baroness Williams of Trafford (Con)
My Lords, I know of no meetings that have taken place with News UK. As for the report being published, we cannot arrange timings until it is received.
The Deputy Speaker (Lord Lexden) (Con)
My Lords, all supplementary questions have been asked and answered.