Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2022
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Baroness Williams of Trafford
That the draft Order laid before the House on 11 May be approved. Considered in Grand Committee on 13 June.
Asylum Seekers: Removal to Rwanda
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Lord Coaker (Lab)
My Lords, we are told that the Prince of Wales has called the Rwanda policy “appalling”, and this morning, the Church of England—including esteemed Members of this House—said that it is an “immoral policy” which should shame the UK. Why are they and many others wrong and the Home Secretary right? There were reports that victims of torture were scheduled to be on today’s flight. Is that the case? The Government have even had to put an RAF base on standby today to facilitate a flight of fewer than seven people. What will the cost to the taxpayer be of each person? This policy is unethical, unworkable and expensive, and it flies in the face of British values. Is it not the case that we need safe and legal routes, not a shameful policy of offshoring asylum seekers to Rwanda?
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, before I start, I think this is an appropriate point to remember the victims of the Grenfell fire.
On morality, I do not think it is moral to allow people to stand by and allow people to drown, or to line the pockets of criminal gangs who seek to exploit people trying to cross in small boats. That is why we have safe and legal routes, which have in fact seen over 200,000 people arrive here since 2015. On the cost, I do not think we can put a price on human lives. I think we need to do all we can to deter these perilous journeys across the channel.
Viscount Hailsham (Con)
My Lords, given that the Court of Appeal will consider the legality of the policy very expeditiously, would it not be fair and in accordance with natural justice to postpone any further flights until such time as the Court of Appeal has come to a final decision on the legality of the policy?
Baroness Williams of Trafford (Con)
The courts have now determined twice and there will be a JR process in July. That will be the extent of my comments on the legal process, because it is ongoing.
Lord Paddick (LD)
My Lords, the Independent Chief Inspector of Borders and Immigration says that he has seen no impact of the Rwanda policy on numbers attempting to cross the channel in small boats. One hundred crossed just yesterday. The civil servant in charge of the Home Office says that he has not seen any evidence to show that the plan to send asylum seekers to Rwanda will act as a deterrent. Israel tried the same policy of sending asylum seekers to Rwanda and it failed. When will the Government admit that their Rwanda policy is less about stopping people smugglers transporting people across the channel and has everything to do with the UK abdicating its moral responsibility to give genuine asylum seekers sanctuary in this country and its legal responsibilities under the UN refugee convention?
Baroness Williams of Trafford (Con)
As I said to the noble Lord, Lord Coaker, we have brought 200,000 people here since 2015. As for the Permanent Secretary’s comments, he made it clear that he considered it “regular, proper and feasible” for the Home Secretary to make a judgment to proceed with this policy
“in the light of the illegal migration challenge the country is facing.”
It is the responsibility of the Permanent Secretary as principal accounting officer to ensure that the department’s use of its resources is appropriate and consistent with the requirements set out in Managing Public Money. The reasons for writing are set out clearly in the published letter.
The Lord Bishop of Southwark
My Lords, following the Minister’s opening words, I presided at a midnight mass to commemorate the victims of the Grenfell Tower fire at All Saints West Dulwich, which went on until the early hours of this morning, so I was grateful for the tribute she paid.
Bearing in mind the force of today’s letter in the Times signed by all the serving Lords spiritual, will the Minister acknowledge, contrary to what some of her colleagues have said, that the Bishops and others have offered alternatives—in particular, safe and legal routes which are unavailable to those who wish to apply from countries such as Iran, Iraq and Eritrea? Secondly, will she inform the House how removals may go ahead if the monitoring committee, set out in the memorandum of understanding to scrutinise processing, reception, accommodation and post-asylum treatment, does not exist? Finally, on the use of language, does the Minister agree that there is no such thing in law as an “illegal asylum seeker”, only an asylum seeker?
Baroness Williams of Trafford (Con)
I thank the right reverend Prelate for his points. As I have outlined, our safe and legal routes have been extremely generous to those who most need our protection—those from Afghanistan, now those from Ukraine and previously those from Syria. Our routes have been very generous. Sometimes, in suggesting expansion of safe and legal routes, we are opening up the country to something that might be quite unmanageable. However, we stand by our duty and our wish to provide refuge to those who need it most. I cannot go into any detail on processing because, as I said, a legal process is ongoing, but details of the process are available online.
Lord Deben (Con)
Would my noble friend be kind enough to tell the House whether the Home Secretary has yet had time to write to the most reverend Primate the Archbishop to apologise for the way she received his moral judgment? Has she been able to write to the Cardinal Archbishop to explain why she disagrees with his moral judgment? Or are we now to believe that moral judgments will be laid down by the Home Office and this Government rather than those who have traditionally being able to uphold them?
Baroness Williams of Trafford (Con)
My Lords, I have given my view on morality and I expect that God will be the judge of my morality or otherwise. As to whether my right honourable friend the Home Secretary has written to the most reverend Primate or the Cardinal, I do not know; that is a matter for her.
Baroness Stowell of Beeston (Con)
My Lords, clearly, this is a matter on which people have strongly held views. Does my noble friend agree that the millions of people in this country who voted for stronger control of our borders are compassionate citizens? Would she further agree that a failure by the Government to do all that they can to prevent and deter illegal channel crossings would undermine our democratic process?
Baroness Williams of Trafford (Con)
My noble friend is of course absolutely right. We have to strike that balance between being compassionate to those who need our refuge and asylum in this country and stopping some of the criminality associated with it. That is what the very generous British public voted for.
Baroness Chakrabarti (Lab)
My Lords, I think the Minister would agree that these are controversial matters. She rightly said in response to the noble Viscount that a substantive judicial review of the policy will be considered in July. Would it not have been open to the Home Office to hold off removals until then, or is this a confected culture war so that other Ministers—never the noble Baroness, I might add—make these remarks about lefty lawyers thwarting the will of the people, and these poor seven or so souls are collateral damage in that culture war?
Baroness Williams of Trafford (Con)
The noble Baroness is right that a legal process is ongoing. Nevertheless, the Home Office has a duty to uphold the law. There have already been two court proceedings and we await the outcome of the JR next month with interest.
Lord Campbell of Pittenweem (LD)
My Lords, may I have an answer to the question I asked earlier this week? Are there any circumstances in which refugees from conflict zones will be sent to Rwanda?
Baroness Williams of Trafford (Con)
We have been very clear that each case will be dealt with on a case-by-case basis. No one will be sent anywhere where they might be persecuted or where their human rights might be undermined.
Lord Lansley (Con)
Will my noble friend commit the Government to providing substantive evidence to the inquiry launched by the International Agreements Committee, of which I am a member, and in doing so, will the Government explain on what basis they chose not to lay this agreement before Parliament? The Ponsonby rule suggests that any such agreement of significant public importance should be laid before Parliament.
Baroness Williams of Trafford (Con)
We had a debate about this. A memorandum of understanding was reached with Rwanda, as opposed to a treaty, which would of course have been laid before Parliament.
Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022
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Baroness Williams of Trafford
That the draft Regulations laid before the House on 11 May be approved. Considered in Grand Committee on 13 June.
Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2022
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Baroness Williams of Trafford
That the Grand Committee do consider the Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2022.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, this instrument would give effect to the draft code of practice which covers the exercise of counterterrorism port examination powers under Schedule 7 to the Terrorism Act 2000. These powers were amended by the Nationality and Borders Act and outline what the code of practice is and its significance to the operation of these powers.
Counterterrorism officers who currently use Schedule 7 port examination powers must do so in accordance with the relevant code of practice. While the code largely reflects the primary legislation, it also includes further procedural guidance for those exercising the powers and additional safeguards for those subject to them.
In passing the Nationality and Borders Act 2022, this House approved amendments to the powers under Schedule 7 which allow officers to examine individuals away from port areas in the following circumstances. First, an individual must either be detained or in custody under relevant provisions of the Immigration Acts. Secondly, the individual must have arrived in the UK by sea and have been apprehended within 24 hours of their arrival. Thirdly, a period of five days, beginning on the day after apprehension, must not have expired.
This will allow officers to examine those who, following their irregular arrival in the UK, have been moved from a port location or have been encountered inland. In short, those who have arrived irregularly by sea will now be subject to the same powers as if they had arrived through conventional means, adding a further protective layer to our existing precautions.
The draft code before us includes changes to cover the exercise of this amended power as well as several other minor changes to clarify language around existing safeguards. The code was subject to public consultation earlier this year and, in response to feedback received, we have clarified officers’ responsibility to inform those being examined that the purpose of the examination is not to gather evidence or information on any potential immigration offences. I hope that the Committee will consider the draft code favourably.
The UK and its citizens continue to face the threat of terrorism from those who are intent on harming and dividing us. These provisions within this statutory instrument will support the police in their tireless efforts to keep us safe from these threats. I beg to move.
Lord Ponsonby of Shulbrede (Lab)
My Lords, we, too, support this statutory instrument. As the Minister said, it gives effect to the draft code of practice. We understand that these changes are being made in response to a recommendation by the Independent Reviewer of Terrorism Legislation, Jonathan Hall. We believe it is important that the proper safeguards are in place, support the order and thank Jonathan Hall for his work.
When speaking to the introduction of these powers during the passage of the Nationality and Borders Bill, the Minister, Lord Sharp, said that
“this is by no means an attempt to treat all migrants arriving in this manner as terrorists, or to stop and examine large numbers of people away from ports and borders. Schedule 7 is not designed and cannot be used as a universal screening mechanism”.—[Official Report, 10/2/22; col. 1939.]
What safeguards will be put in place to ensure that there is no slide into using these powers more extensively and frequently?
Furthermore, can the Minister clarify whether information given by someone in answer to a Schedule 7 examination, which is strictly counterterrorism powers, will be used for other purposes, for example by an immigration officer? I think the Minister answered that point, but I repeat the question. I also make the point that our staff got in touch with the department to ask this question and others, using the contact details given in the Explanatory Note, and did not receive a response. Usually there is a named civil servant at the bottom of an Explanatory Memorandum, but, in this case, there was a general email to contact. Our staff sent the email at 2.15 pm on Thursday and there was no response.
Although this order relates only to examinations under existing counterterrorism powers, new immigration offences under the Nationality and Borders Act have given rise to an issue about what questions it is appropriate for a person to be asked as part of these examinations. The nature of the questions was looked at as part of the Government’s consultation.
As far as those new offences are concerned, I repeat the general point we made during the passage of the Nationality and Borders Bill that we on this side of the Committee are opposed to the Government creating a broad offence of arrival that makes it illegal for people to travel to the UK to seek asylum, regardless of whether they are fleeing a war zone or there is a risk to their life. During the passage of the Nationality and Borders Bill we asked the Government instead to create an offence which captured the actual criminal behaviour that they want to target, such as arriving in breach of a deportation order, rather than an overly broad offence. We believe it is crucial that the Schedule 7 counterterrorism powers are used properly and proportionately to target terrorism concerns and not as a universal screening mechanism for people to be captured by broad, unrelated measures.
In conclusion, we must not let our fear of terror prevent us responding compassionately to those who need our help. Indeed, many of those arriving on our shores in an irregular manner are fleeing the same terror and violence that these measures are trying to protect our own citizens from. Terrorist organisations that would do us harm are ruthless and opportunistic; they look to utilise situations such as the refugee crisis for their own gain if given the chance. Therefore, we believe it is right that we ensure that our national security legislation is up to date and takes this into account, so that we can minimise the risk posed by irregular crossings of the channel.
Baroness Williams of Trafford (Con)
My Lords, I again thank both noble Lords for their very constructive points and in general. I will not repeat some of our debates on the Nationality and Borders Act—it keeps coming up and I think we will be talking about it for some years to come. The noble Lord, Lord Paddick, is absolutely right that it is the Immigration Act 1971, not 1972.
Preventing extension of scope is a very good point. Criteria for exercising the powers away from port have been drawn tightly to ensure that they catch those who have evaded conventional border controls by their irregular arrival; they do not extend more widely. The change reflects the practical consideration arising from the number of people embarking on illegal channel crossings, and it will ensure that those who enter the UK by such means are subject to the same scrutiny and powers as if they had entered the UK by conventional means. I think that avoids the conflation of some of the worries that noble Lords have.
The noble Lord, Lord Paddick, asked about confidential material; absolutely, yes, nothing has changed there. On the safeguards that the noble Lord, Lord Ponsonby, asked about, we are an open democracy, subject to scrutiny on a regular basis. On extension of scope, we will certainly keep an eye on ensuring that the legislation does what it is supposed to do and nothing further.
On the conflation of terrorism and immigration, it is worth reiterating my noble friend Lord Sharpe’s point that this is not a back-door method to treat all those who arrive in the UK irregularly as if they were terrorists—I think that reinforces the point I just made to the noble Lord, Lord Paddick.
Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022
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Baroness Williams of Trafford
That the Grand Committee do consider the Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, these regulations were laid before the House on 11 May. Following the terrorist attack at Fishmongers’ Hall—I take this opportunity to remember again the victims of that atrocity—in November 2019, the Home Secretary commissioned the Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, to review the Multi Agency Public Protection Arrangements—MAPPA—used to supervise terrorists and terrorism-risk offenders on licence in the community. The Police, Crime, Sentencing and Courts Act 2022, which I shall hereafter refer to as the 2022 Act, established three new powers for counterterrorism policing: a personal search power, a premises search power and an urgent power of arrest. These powers were taken in response to recommendations made by Mr Jonathan Hall QC following his review of MAPPA.
These regulations relate to the new power of personal search, the creation of which was also recommended by the Fishmongers’ Hall Inquests—Prevention of Future Deaths report. The personal search power has been inserted into the Terrorism Act 2000 as new Section 43C of that Act by the 2022 Act. The new search power commences later this month on 28 June. As set out by the Government during the passage of the 2022 Act, the new search power will apply across the UK, enabling the police to stop and search terrorist and terrorism-connected offenders released on licence who are required to submit to the search by their licence conditions. The officer conducting the stop and search must be satisfied that it is necessary to exercise the power for purposes connected with protecting members of the public from a risk of terrorism.
The Government are clear that sensitive powers of stop and search should be subject to the code of practice setting out the basic principles for their use. Section 47AA of the Terrorism Act 2000 imposes a requirement on the Secretary of State to prepare a code of practice containing guidance about the exercise of search powers that are conferred by that Act. These regulations amend Section 47AA so that it extends to cover the new search power inserted into the Terrorism Act 2000 by the 2022 Act. Subject to Parliament’s approval, this consequential amendment will create a requirement for the Secretary of State to prepare a revised code of practice that includes guidance on the exercise of the power conferred by new Section 43C.
In anticipation of Section 47AA being amended, I can confirm that we are already in the process of engaging relevant stakeholders and updating the code of practice to reflect new Section 43C stop and search power. We plan to lay an order this summer alongside the draft revised code of practice for Parliament’s consideration and approval. As such, Parliament will have the opportunity to review and debate the revised code and its contents in due course. The regulations being considered today simply relate to the technical and consequential matter of whether to amend Section 47AA of the Terrorism Act 2000 to enable the Government to update the relevant code of practice in the manner that I have outlined. I think it is something the Committee will very much support. I beg to move.
Lord Paddick (LD)
My Lords, I thank the Minister for introducing these regulations and I associate myself with her remarks in relation to those affected by the Fishmongers’ Hall incident. One of the most important roles of the state is to protect its citizens from terrorism and we support every provision that can be shown to work in practice in helping to prevent and detect terrorism.
This is yet another stop and search power exercisable by the police. Generally, we are against any expansion of police stop and search powers, on the basis that existing powers are sufficient, because an increased use of stop and search does not generally lead to a reduction in crime and because of the negative impact of stop and search on visible minorities. For example, where the police are required to show suspicion, black people are seven times more likely to be stopped and searched; and where no suspicion is required, black people are 18 times more likely to be stopped and searched than white people. In addition, Home Office research shows that, above moderate levels, increasing stop and search has little or no impact in reducing crime.
However, this power—enabling the police to stop and search an offender released on licence for purposes connected with protecting the public from a risk of terrorism—appears, on the face of things, to be reasonable and proportionate. We have seen from tragic instances in the recent past, such as the terrorist attack at Fishmongers’ Hall in November 2019, that assessing the threat posed by those convicted of terrorism offences is very difficult to determine, and even those who are assessed as no longer a threat to the public and suitable for release under licence can, in reality, pose a threat to the public.
It will mainly be for the Parole Board to determine whether someone should be subject to the new powers as a condition of their licence, but the Explanatory Memorandum, at paragraph 7.2 says, “In most cases” the Parole Board will decide whether somebody should be subject to the new power. Can the Minister explain in what other circumstances someone could be made subject to these stop and search provisions, if that is not made a condition of their licence by the Parole Board?
As the noble Baroness explained, the regulations are not about the power itself—created by the Police, Crime Sentencing and Courts Act 2022 inserting new Section 43C in the Terrorism Act 2000—but are to ensure the requirement on the Secretary of State in Section 47AA of the 2000 Act to prepare a code of practice containing guidance about the exercise of stop and search powers conferred by that Act. That also applies to the new stop and search provision. It seems a bit cart before horse to make the requirement through these regulations and only then to prepare amendments to the code of practice, which will then be laid before Parliament for approval later this year, as the noble Baroness just explained.
All in all, while we support these regulations, in so far as they place a requirement on the Secretary of State to include the new power in the code of practice required by Section 47AA of the Terrorism Act 2000, it seems to be much ado about nothing until we see the revised codes of practice.
Baroness Williams of Trafford (Con)
I thank both noble Lords for their basically supportive and succinct points. On the necessity for the new power, it was recommended by Jonathan Hall QC, as I said, and the Fishmongers’ Hall inquest report on the prevention of future deaths also recommended that a new power of personal search be created.
On when the new power will apply if licence conditions are not set by the Parole Board and on who will determine whether to impose them, as with any other licence condition, the decision to impose the licencing condition will be made by the appropriate releasing authority—either the Parole Board or the prison governor—on behalf of the Secretary of State.
The risk management plan will include licence conditions to manage specific identified risks, which will then inform the recommendation of necessary and proportionate licence conditions for the Parole Board or the releasing prison. But, in both circumstances, the process for recommending licence conditions is the same. The community offender manager will undertake a full risk assessment, taking into account all the relevant information, including from the police, prison and other agencies. This detailed assessment will form the basis of a risk-management plan that will be agreed by the relevant agencies under MAPPA.
The noble Lord, Lord Paddick, is nothing if not absolutely consistent on the disproportionality of the power. We are committed to tackling terrorism in all its forms and the power to conduct a search will apply to any terrorist offender who is subject to the relevant licence condition, regardless of their ethnicity. The legislation is quite clear that such a search cannot be conducted unless a police officer is satisfied that it is necessary for purposes connected with protecting members of the public from a risk of terrorism.
The Home Office published an overarching impact assessment and an equality statement for the Home Office measures in the 2022 Act, setting out that the proposals within the Act are not unlawfully discriminatory within the meaning of the Equality Act 2010, either directly or indirectly.
On when the code of practice will be laid, the Government will lay the revised code of practice before Parliament for its consideration at the earliest opportunity; as I said in my opening speech, it is currently envisaged that this will take place next month. The revised code of practice will make clear the distinct circumstances in which the new stop and search power will be available for use compared to existing stop and search powers.
As regards the breadth compared to other comparable pieces of legislation, the personal search will provide the means for the police to conduct assurance checks. It is envisaged that in the majority of cases this will be to check whether a relevant terrorist offender is in possession of something which could be used to threaten or harm a person: for example, a weapon or a fake suicide belt.
We recognise that there may be limited other scenarios in which a personal search may be necessary for purposes connected with protecting members of the public from a risk of terrorism when the offender may be carrying something which is, on the face of it, far more innocuous. An example of this might be the necessity to conduct a personal search to check whether the offender is in possession of a mobile phone in violation of their licence conditions. This provides a better means of monitoring risk because a contraband phone such as this would be unlikely to meet any definition of something that “could be used to threaten or harm” but, depending on the offender’s background, it might be used to contact terrorist networks, enable access to materials useful to preparing an act of terrorism, provide a route for them to radicalise others, or be used to remotely detonate an explosive device.
I hope I have answered the Committee’s questions. I emphasise again that the regulations being considered today will not amend the content of the relevant code of practice, and our draft revised code will be laid before Parliament and obviously will be subject to its approval in due course. I commend the regulations to the Committee.
Male Victims of Crime: Support
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Lord Ponsonby of Shulbrede
To ask Her Majesty’s Government, further to their policy paper Supporting male victims, published on 5 May, what plans they have to ensure that male victims of crimes are supported.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, male victims are included in and benefit from the support of measures in the tackling violence against women and girls strategy and the tackling domestic abuse plan. The Government recognise the specific challenges that male victims of these crimes may face. We have published Supporting Male Victims, outlining commitments to address these issues. The Home Office also funds the Men’s Advice Line and is uplifting funding for this year.
Lord Ponsonby of Shulbrede (Lab)
I thank the Minister for that Answer. Dame Vera Baird, the Government’s Victims’ Commissioner, wrote:
“It is estimated that one in six men will experience sexual violence or abuse at some point in their lives … The Home Office’s refreshed ‘Supporting Male Victims’ document—notably not a ‘strategy’—will do shamefully little to advance the interests of these victims … It’s hard to escape the impression that male survivors are an afterthought.”
Does the Minister agree with that statement?
Baroness Williams of Trafford (Con)
In all honesty, I have to say that I do not. In the year ending March 2020, the ONS Crime Survey for England and Wales found that 13.8% of men and 27.6% of women aged 16 to 74 had experienced domestic abuse. That is equivalent to an estimated 2.9 million men and 5.9 million women. So the VAWG strategy reflects the disproportionate impact on women, but that is absolutely not to say that we take no notice of the impact on male victims. In fact, we recognise some of the difficulties that men can find in, first, coming forward to report the abuse and, secondly, taking it through the criminal justice system.
Lord Farmer (Con)
My Lords, following on from that question, one-third of domestic abuse victims are men and, per the new Domestic Abuse Act, boys who witness domestic abuse are also victims, yet many male victims of violence are categorised as victims of “violence against women and girls”, while others have no specific policy. Does the Minister agree that this categorisation is semantic nonsense, and that ignoring men’s specific needs makes a mockery of equality? Moreover, will the Government publish a parallel violence against men and boys strategy to cover all forms of intimate violence against men and boys?
Baroness Williams of Trafford (Con)
My noble friend’s figures are absolutely right. Had we done it in the way that he suggests, there may have been a lot of complaints from women and domestic abuse organisations that we had not reflected the fact that it is predominantly women who suffer from domestic abuse. However, we published the Supporting Male Victims document in March to help to raise awareness of this issue and highlight the specialist support that may be required to assist them. They are included in both the tackling VAWG strategy and the tackling domestic abuse plan. As I said yesterday, anyone who comes forward as a victim of domestic violence will be treated first and foremost as a victim, whether they are male or female.
Baroness Burt of Solihull (LD)
Is the position paper in itself not inadequate, in that, while it outlines many of the barriers that men face, it does very little to address them? ManKind and other charities are calling for a full-blown strategy called the “intimate violence and abuse against men and boys strategy”. Does not the suffering of men deserve to be treated as equally valid to that of women?
Baroness Williams of Trafford (Con)
It most certainly does. As I explained in my previous answer, this does not diminish the problems that men face, but we as a Government recognise that the disproportionate effect of domestic abuse is on women and girls.
The Lord Bishop of Gloucester
My Lords, in this important issue of violence against men and boys as well as against women and girls, addressing the drivers of violence is as important as responding to it downstream. Can the Minister give an assurance that work is being done to focus on a holistic preventive framework for all domestic and sexual violence, as in Victoria, Australia?
Baroness Williams of Trafford (Con)
I could not agree more with the right reverend Prelate on the point that preventing it in the first place is far better than having it happen and there being subsequent victims of it. We did a lot of work with the Troubled Families programme in tackling the problems upstream and identifying people who were victims or might become victims—and I think that is the basis for a good government policy.
Lord Flight (Con)
My Lords, is there a policy of similar punishments for similar crimes, or are favours still given to women?
Baroness Williams of Trafford (Con)
I do not think there should be any favour. The whole concept and application of domestic abuse means that the system should ensure remedies and solutions for victims—as opposed to “favour”, if that is the right word—and I think the criminal justice system, fair as it is, will see to that.
Lord Jones (Lab)
My Lords, does the Minister’s department have any interface with Victim Support across the country? What help, advice and collaboration is there between the organisation Victim Support and her department?
Baroness Williams of Trafford (Con)
We engaged widely with the sector before the Domestic Abuse Act and before the Supporting Male Victims document was produced. The whole premise of our actions is based on the advice and support from, and engagement with, the sector.
Domestic Abuse Victims
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Baroness Thornton
To ask Her Majesty’s Government how they are providing specialist support for domestic abuse victims facing multiple disadvantages.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government are committed to supporting all victims of domestic abuse, including those facing multiple disadvantage. We understand the importance of “by and for” services, designed and delivered by and for those they serve, providing tailored support that victims need. That is why our VAWG strategy commits £1.5 million for specialist support services and our tackling domestic abuse plan invests more than £230 million of new funding, including £141 million for supporting victims.
Baroness Thornton (Lab)
I thank the Minister for that. Of course, everybody would welcome the Government’s plan to tackle domestic violence. This Question addresses the particular needs of the most vulnerable, facing multiple disadvantage, who are often at the sharpest end of inequality. What steps are the Government taking of direct action, set out in their domestic abuse plan, specifically to meet those needs? For example, will funding clearly set out how any training will work for these girls and women to provide care that is trauma-informed, age-sensitive and takes account of things such as the needs of care leavers and black and ethnic minority women?
Baroness Williams of Trafford (Con)
The noble Baroness is absolutely right that whatever interventions are taken forward on domestic abuse need to take into account the specific circumstances of the victim. Although disadvantage does not cause domestic abuse, it can certainly be exacerbated by the many causes of disadvantage. On specific interventions, the College of Policing has developed specialist training, including the Domestic Abuse Matters programme, which will help first responders dealing with an incident or a report and considers the needs of different victims, including those from diverse communities. The training has been delivered to the majority of forces already. The Home Office will provide £3.3 million to that end to support further delivery. The tampon tax obviously funded 100 directed grants and £75 million to disadvantaged women since 2015. DCMS has also given some direct grant funding to that end.
Lord Laming (CB)
My Lords, a few weeks ago, the Government published a detailed report on child protection in England. In it are recommendations on how we can improve the safety of children caught up in domestic abuse situations. Can the Minister assure the House that these recommendations will be taken seriously and, I hope, properly implemented?
Baroness Williams of Trafford (Con)
It is almost too horrific to read the detail of the cases to which the noble Lord refers, in which people do such things to such young, innocent children. We are very grateful for the work that the panel has undertaken and want to ensure that we improve our response to children in domestic abuse incidents. The noble Lord will of course recall the work we did through the Domestic Abuse Act.
Baroness Burt of Solihull (LD)
I know the Minister appreciates the importance of specialist support for victims and survivors of domestic abuse who face multiple disadvantages. I hope she agrees that they could be better served through tailored support and specialist partnerships to meet their needs. In response to the victims Bill consultation, the domestic abuse commissioner recommends a ministerial lead for multiple-disadvantaged women to work across departments to help pull services together. Will we be seeing this measure in the victims Bill?
Baroness Williams of Trafford (Con)
I know we will have many discussions on the victims Bill and we will certainly take the recommendations of the DA commissioner very seriously. I think we have already accepted some and are working on them.
Baroness Manzoor (Con)
My Lords, I very much welcome the support the Government are putting into this vital area. Will the Minister give an update on the Forced Marriage Unit and on what additional support is being given to those referred to it, particularly young girls and boys?
Baroness Williams of Trafford (Con)
My noble friend asks a very pertinent question. The Forced Marriage Unit’s work is going very well and referrals to it are increasing. Some victims of forced marriage are probably some of the most vulnerable because they are so scared to leave their situation. I am pleased about the work we have done on it. I have lost my place, so I will write to my noble friend with further information on it.
Baroness Gale (Lab)
My Lords, 10 years ago today the Government signed the Istanbul convention and they recently issued a Written Statement saying that they will ratify it with reservations on Articles 44 and 59. Why are there such reservations, particularly on Article 59, which deals with migrant women and requires a Government to grant residence to victims whose immigration status depends on their partners or spouses? This can mean that where perpetrators have control over victims’ immigration status, they can further trap them by threatening them with being deported or separated from their children. Will the Minister agree today to do all she can to ensure that there are no reservations on Articles 44 and 59 when the Government ratify the Istanbul convention?
Baroness Williams of Trafford (Con)
On the latter part of the noble Baroness’s question, we certainly want to get that right. On the interface between immigration enforcement and victims of domestic violence, it is very important to get the balance right so that we can protect those victims.
While I am on my feet, I say to my noble friend Lady Manzoor that, on honour-based abuse, including FGM and force-based marriage, Ministry of Justice data shows that to date more than 3,000 forced marriage protection orders and more than 700 FGM protection orders have been issued.
The Lord Bishop of Chichester
My Lords, we know that domestic abuse can be experienced across the gender divide and in every part of society, and that includes clergy households. Can the Minister say what steps Her Majesty’s Government are taking to address the needs of those who suffer domestic abuse and who, like clergy, live in accommodation tied to their post, thus making their future material well-being more perilous if and when they leave the family home?
Baroness Williams of Trafford (Con)
I am very pleased to address the right reverend Prelate for the first time, and I welcome his first question to me. He is absolutely right that people who are tied to their accommodation, such as the clergy—there are other examples—may be terribly scared to leave that accommodation because of the homelessness implications. In the Domestic Abuse Act last year, we ensured that priority for accommodation, as secured by the local authority, will be given to those who are homeless as a result of being a victim of domestic abuse.
Baroness Lister of Burtersett (Lab)
My Lords, further to the question on migrant workers, the domestic abuse commissioner recently called for support for all victims and survivors of domestic abuse, regardless of immigration status, following the current migrant victims’ pilot for those with no recourse to public funds. Will the Minister commit to such support in future, given that she has repeatedly said that migrant abuse victims must be treated as victims first and foremost, regardless of immigration status? All too often that is not the case.
Baroness Williams of Trafford (Con)
The noble Baroness is absolutely right; I have said that before and I will say it again. People should be treated first and foremost as victims. She will know that no recourse to public funds is linked to someone’s link to this country. We will not change that policy, but I absolutely agree with her that if you are a victim of domestic violence, you should be treated as a victim of domestic violence first and foremost.
Baroness Deech (CB)
Does the Minister agree that a contributing cause of domestic abuse is the teaching of some religions and cultures that women are inferior, and that it is time for us to focus on the perpetrators of abuse and how they are educated? If so, what can we do about it?
Baroness Williams of Trafford (Con)
The causes of domestic abuse are multifactorial. There is no simple answer to why someone decides to beat someone else, deprive them of finances or coercively control them. The noble Baroness has a point in some ways, and it is incumbent on schools, through PSHE, to teach the values of respectful relationships so that our young boys will grow up into men who do not think it is acceptable to beat a woman.
Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022
Baroness Williams of Trafford Excerpts(1 year, 10 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank all noble Lords who have spoken in this debate, and particularly the noble Earl, Lord Clancarty, for securing it. I smiled earlier when the noble Lord, Lord Russell of Liverpool, talked about “the Minister for the 18th century” because it felt a bit like the House for the 18th century. I am a very much a Minister for the 21st century, and this is the way that the Government are going: digital by default.
On a much more serious note, several noble Lords mentioned several problems, particularly the noble Lord, Lord Oates, and the noble Earl, Lord Clancarty. I apologise if the noble Earl has not received a response. I am very happy to meet with both the noble Lord and the noble Earl—and will make sure that my office sets it up—to go through the various problems and see whether we can resolve at least some of them, in particular specific problems relating to the specific cases they raised today.
The regulations that are the basis of today’s discussions change the way in which a biometric card holder can prove their right to work and rent. Since 6 April this year, everyone with a biometric card—be that a biometric residence permit, a biometric residence card or indeed a frontier worker permit—must now use the online checking services.
This is not due to resistance to ID cards; it is because this type of system is far more secure than the paper system. Two noble Lords talked about the Windrush issue. This is precisely the converse of that; it is about ensuring that everyone who has a status can prove it. I certainly do not think the Ukrainian issue is particularly pertinent to today’s debate, given that Ukrainian people who come here via the Ukrainian scheme have an automatic right to work when they get here.
Online checking services have been available for employment and rental checks since 2019 and 2020, respectively. For the information of the noble Baroness, Lady Jones of Moulsecoomb, e-visas have been rolling out since 2018. Use of these services continues to increase month on month. Even ahead of the latest change, employment profiles have been accessed almost 2 million times by employers and employees. User satisfaction is at 80%, and even higher for landlords and tenants at 84%. Those figures do not give me the impression of a system that is difficult to use.
We have had the debate on physical proof of status a number of times—I have a bit of déjà vu from the Nationality and Borders Act—but it might be helpful at this stage if I set out the process introduced by the regulations. Individuals use their card number and date of birth to access online services, and can then share their status with an employer or landlord. It is a digital use of the card rather than a physical use. Holders do not need to access their online profile in real time such as one might for an NHS QR code. Rather, they generate a share code ahead of use for the employer or landlord to access their profile at the time they undertake the check. The share code lasts for 90 days and can be stored however the holder wishes, including being printed or written.
The changes mean there is a single, clear position for the use of all these cards. This makes it easier for employers and landlords to make their assessment on eligibility. The approach means we can harness the benefits of using online evidence of immigration status. In our experience, the use of digital services has continued to increase significantly; many people are now using online checking services to evidence their rights.
We have received very positive feedback from those using the online checking services. Most users find it simple and easy to use. They can check their status at any time and can contact the Home Office if they experience any issues. The new approach also supports the recruitment process as part of the hybrid model being adopted by many businesses following the pandemic.
As the noble Lord, Lord Ponsonby, did, I will move to the various questions from my noble friend Lady Neville-Rolfe. One of the issues she raised was burdensome change for landlords. As I think I have said, the information is available in real time from Home Office systems. Landlords can then store their PDF output electronically or print it for their records, depending on their preference. On the question of there being any known problems with the system, I can say that there have been no wholesale outages and support services are in place for those experiencing technical problems individually. There is also a hotline for employers and landlords. We have not completed an impact assessment, as economists deemed the change to be cost-neutral or even cost-beneficial.
There are no changes to the equalities duties required of landlords: these were reiterated in the context of the move from physical to digital checks, and we consulted the Equality and Human Rights Commission and the Equality Commission for Northern Ireland on the landlord and employer codes.
My screen has just frozen—and with me talking about digital status. Oh, it is okay, I have it back.
A number of noble Lords asked about vulnerable people. We have developed our digital products and services for use by all, including vulnerable users—it is a very important point—taking into account the beta assessment recommendations from 2018. Users can contact the UKVI resolution centre, which provides telephone and email support to those using the online immigration status services. It can also assist users who are experiencing technical issues. The point about less well-developed English language skills is well made. We are providing interpreter services for callers to the UKVI resolution centre if they have status queries and require that service.
The changes we are making are consistent with the border and immigration system that the Home Office is developing. The system will be digital by default, as I said earlier, with the ambition to phase out physical documents before the end of 2024 as we move towards a system of online evidence of immigration status. To support this change, since 2015 we have been short-dating BRPs to expire at the end of 2024, even for those whose immigration leave expires after that date, but there will be a two-year period of transition within that.
The UK’s new immigration system follows the example set by countries such as Australia, the US, Canada and the EU as we move towards a digital system. The shift towards a digital border and immigration system is not a new approach. Every year, millions of people renew their passport, and about 3 million people apply for a visa, online.
On data protection, online evidence of immigration status is secure and can be accessed anywhere and in real time. It cannot be lost, stolen or tampered with, as I said earlier, unlike a physical document. It puts individuals in control of their data. They have direct access to information held by the Home Office about their status and, in line with the principles of data minimisation, can share only the information required by a checker, rather than all the information held on a physical card. Those conducting status checks receive accurate confirmation of the person’s current status direct from the Home Office. Of course, information on a physical document may be out of date if a person’s status has changed since it was issued, whereas a person’s online profile is always up to date.
There is no change for those with expired passports, which answers the question of the noble Lord, Lord Paddick. Migrants with time-limited leave cannot use an expired passport, and those with indefinite leave can use this system only to rent and not to work. This remains unchanged.
I touched on the 2018 beta recommendations earlier. It was said that the Government had not taken full account of them, but that is not the case. Full consideration has been given in developing our digital products and services.
Obviously, we know that some will find online services more challenging than others, and that is why we have that wide range of support available, including the resolution centre.
I go back to the impact assessment and, now, the equality impact assessment. I assure the House that a full equality impact assessment was completed back in October last year, demonstrating due regard to our obligations under Section 149 of the Equality Act 2010. I can tell the House today that I am placing copies in the Libraries of both Houses of Parliament and it will be published on GOV.UK shortly thereafter.
Undertaking immigration status checks remotely is quick, accurate and efficient—
Baroness Neville-Rolfe (Con)
Would my noble friend be able to give us a copy of the economists’ assessment of why no cost-benefit analysis seems to be needed? It is appreciated that an equality assessment is being made available. As I said, the Government are very good about always doing those. My worry is that cost-benefit is no longer considered important and that is a problem when we have an economy that needs to grow.
Baroness Williams of Trafford (Con)
I can certainly take my noble friend’s point back for her.
We have made it clear that the Government’s ambition is to phase out physical documents before the end of 2024. In terms of developing our digital products, we are bearing in mind and taking into account vulnerable users. We have taken full account of the recommendations from the beta assessment and designed our digital services and products to be used easily. We also have support services in place for those who need them and the move towards digital is justified and proportionate, as it ensures that individuals without lawful immigration status cannot access employment or accommodation in the private rented sector.
We are focused on delivering a fair and effective immigration system and, as I have said, these measures will allow us to strike the right balance in pursuit of that aim. With that, I ask that the noble Earl withdraws his Motion.
The Earl of Clancarty (CB)
My Lords, I thank the Minister for her reply. I will be very brief. I thank everyone who has taken part in what has been a constructive debate. I thank the Minister for agreeing to set up a meeting; that will be very helpful indeed.
The Minister mentioned the satisfaction ratings of 80% for right to work and 84% for right to rent. It sounds wonderful, but 80% means that 20% of people are struggling with the system. If you think about the millions who will be using the system, that is a huge number of people. Looked at that way, it is not good at all.
The Minister is clearly giving no promise whatever of seeking the provision of a physical document. As I said previously, I am not against digital; nor are most of us in this Chamber. We want to see the provision of a physical document alongside the digital system. That is not promised and for that reason I would like to test the opinion of the House.
Passport (Fees) Regulations 2022
Baroness Williams of Trafford Excerpts(1 year, 11 months ago)
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Baroness Williams of Trafford
That the draft Regulations laid before the House on 25 April be approved. Considered in Grand Committee on 23 May.
Passport (Fees) Regulations 2022
Baroness Williams of Trafford Excerpts(1 year, 11 months ago)
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Baroness Williams of Trafford
That the Grand Committee do consider the Passport (Fees) Regulations 2022.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, these regulations set the fees payable for products and services offered by Her Majesty’s Passport Office, as well as providing for fee waivers in a number of circumstances.
The regulations we are discussing today replace the 2018 regulations. They make minor changes that simplify and make the regulations more transparent, and specify that priority service fees include a booking fee that will not be refunded in certain circumstances. I want to make clear at the outset that no fee levels are being changed and the cost of applying for a passport is not increasing through these regulations.
For customers requiring their passport sooner than can be provided under the standard service, HMPO offers optional priority services that are available for an additional fee. These are the fast-track service and the premium service. Between 6 February 2022 and 8 May 2022, there have been on average 9,000 fast-track applications submitted in person and 4,000 digital premium appointments booked online per week. However, since April 2021, around 5% of customers have not attended their priority service appointment.
When a customer does not attend their appointment and fails to notify HMPO, that appointment slot cannot be used. This has a knock-on effect for others seeking to use the priority services. It is for this reason that the priority service fees will include a booking fee, which will not be refunded where a customer cancels their appointment with less than 48 hours’ notice. The fee will be £30 and reflects the costs incurred by HMPO up to the point of the appointment and as a result of not being able to reuse the appointment.
As stated just now, this will not result in an increase to the total fee; it forms part of the existing priority service fee and will not lead to customers being charged more for their appointment. We think that this will incentivise customers to ensure that HMPO is notified when they are not able to attend an appointment and helps to provide a service that is cost-efficient for the taxpayer.
We are also making minor drafting changes to the descriptions of our priority services. These changes will not have an impact on the services provided to customers nor the cost. Any future change to a priority service provision will require an equality impact assessment to be completed.
We have made a number of amendments to the regulations to make them simpler, more concise and transparent for customers. They now clearly set out what actions are taken as part of the administration of an application, when an application is deemed to have been made and when a fee will be retained by HMPO. The schedule of fees has been reduced in length and we have made the cost of priority services clearer by setting the fee separately. Previously, the fee set in the regulations included the cost of administering a passport and the priority service. I beg to move.
Baroness Williams of Trafford (Con)
My Lords, I thank all noble Lords for their contributions. There were quite a few questions, so I may not be able to cover absolutely every single detail, but I will start with the points made by my noble friend Lady McIntosh of Pickering. She and my noble friend Lady Foster spoke about people delaying—for obvious reasons due to Covid—their applications throughout 2020 and 2021. We did prepare extensively for elevated demand with no restrictions upon international travel, and those preparations have ensured that passport applications can be processed in higher numbers than ever before. In preparation for the demand for international travel returning, we have been advising customers since April 2021 to allow up to 10 weeks when applying for their passport, and this remains the case.
The noble Lords, Lord Coaker and Lord Paddick, asked about our anticipated forecast. It is 9.5 million applications in 2022, and we are on target to deliver those. We have employed 500 staff since last April, and there will be a further 700 this summer. They will be a mixture of agency and permanent staff, because we clearly do not need 1,200 permanent staff for ever to deal with quite a short-term issue. Moreover, 90% of passports in the 10-week timeframe are being processed within six weeks.
Turning to the blue passports, I also have a blue passport and I have not had a problem with it. I have not heard of the glossy-photo issue, but I will certainly take that away and inquire about it. It is possible, as my noble friend Lady Foster said, that the technology might have been faulty, but I shall not make any inference of what the issue was.
I was asked how many passports have been issued so far this calendar year. The answer is 3.3 million, and I understand that in March and April alone 2 million were processed, which is quite a number. I will need to write on the fixed and marginal costs regarding missed priority appointments, but clearly there is a cost for someone making an appointment and not turning up. On the question of staffing, no staff were furloughed during Covid; staff were redeployed to other priority government work in the Home Office—for example, dealing with the EU settlement scheme and asylum—and to DWP, working on universal credit.
Sopra Steria has doubled its workforce in supporting HMPO since the start of 2022, alongside opening up a number of new processing centres. Its efforts have enabled the registration of applications and supporting documents on our system and the return of supporting documents to keep pace with this unprecedented demand. We raised concerns with the provider of the passport advice line, Teleperformance, about its delivery and, in response, it is urgently working to add additional staff, with 500 due to be added by mid-June.
On the argument about three months versus six months, it varies, apparently. Not to recuse myself from the information that I gave on the Floor of the House—and I will look into it more thoroughly—I actually thought a letter might be on its way to the noble Lord by now. Apparently, it is six months for Turkey and three months for Spain, but I will give the noble Lord a proper answer on that, because I, too, looked at the GOV.UK website, but I was not entirely sure whether I was right, or the noble Lord was, at the end of it.
Lord Paddick (LD)
Obviously, Turkey is not a member of the European Union and is not in Schengen. There is one rule for all EU or Schengen countries, including places such as Norway and Iceland, which is three months from departure.
Baroness Williams of Trafford (Con)
I am not going to disagree with the noble Lord. I would just like to give him a comprehensive picture, including on whether it is different if you are going into or coming out of the EU.
The noble Lord, Lord Paddick, often goes on about the costs versus the profit that the Home Office makes. We do not make a profit. The cost of the passport goes towards our border system; it is not to make a profit. As I said, I will get back to him on costs. I can confirm that if you have paid a premium, you get your money back if your passport does not arrive in time. I will have to get back to him on children, because I do not know the answer. On what is not refunded on missing an appointment, it is not the costs of the application but the booking fee, which is £30—as I understand it from the officials behind me.
Lord Paddick (LD)
My understanding is that if you cancel within 48 hours, you give up the booking fee. If you do not cancel and do not turn up, you forfeit the whole amount: the standard application fee and the premium. In that case, the Passport Office will not be involved in the cost of producing a passport; should that not be refunded?
Baroness Williams of Trafford (Con)
I did not think that was the case, but I am not going to contradict the noble Lord; I will check. I thought it was just the booking fee that you did not get back; I will double check.
I think I have answered all the questions. I have just one last point on what we did back last year. We started notifying customers by text—I think I said that on the Floor of the House a couple of weeks ago—that their passport was approaching its expiry date. We have sent some 5 million text messages to customers who hold or are about to hold an expired passport.
Lord Paddick (LD)
I have one further question as a result of what the Minister just said. I renewed my passport early because I had to change details in it, so my passport is valid for 13 years, but it is valid for only 10 years for entry to the European Union—you cannot have a passport valid for more than 10 years. Is the Passport Office sending text messages when a passport is approaching 10 years from date of issue or when it is due to expire?
Baroness Williams of Trafford (Con)
That is a very good question. I would have thought it would be at the 10-year point, but the noble Lord is absolutely right. If there are 13 years on the passport, would it send it after 13 years, and therefore your passport will be three years out of date? I will find out.
Lord Coaker (Lab)
I was waiting for the Minister to inform the Committee of the current figure for the backlog. She gave us the application numbers. The application number now is 3.2 million or something, but that is a different way of answering the question. Can she update us on the current backlog figure? We had half a million, but can she update it?
Baroness Williams of Trafford (Con)
Our applications forecast is 9.5 million; I said that the current number was 3.2 million. On the current status, we anticipate that we will be on target to deliver those 9.5 million. I do not know the number of people awaiting passports at this point, but I will find out.