India: Scam Call Centres

Baroness Williams of Trafford Excerpts

Tuesday 21st April 2020 Lords Chamber

The Question was considered in a Virtual Proceeding via video call.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government take fraud very seriously and are committed to combatting it. The City of London Police, which is the national lead force for fraud, has partnered with law enforcement and industry to combat call centre fraud from India and other jurisdictions. UK authorities continue to work with their Indian counterparts on a case-by-case basis to target criminals responsible for defrauding members of the public and businesses.

[Lord Naseby (Con)]

Is the Minister aware that I have lived, worked and visited India, and I know both good and rogue call centres there? The BBC recently exposed call centres that target UK elderly people, saying that their computer is frozen and giving them a phone number for technical support that will unfreeze it in return for payment. These are vulnerable people who are currently in self-isolation. They are elderly people with no family support and are worried stiff that they will lose their only means of visual communication, so they pay up. Will the Minister urgently link up with the City of London Police fraud action force and the National Crime Agency to put real pressure on the Indian Central Bureau of Investigation to act on this matter?

[The Lord Speaker (Lord Fowler)]

Minister. I was going to add “Baroness Williams of Trafford”, because I did not introduce you the first time.

[Baroness Williams of Trafford]

That is quite all right, Lord Speaker.

I thank my noble friend for that question. He raises a very pertinent point, and I myself have had representation from older people who are worried about scams. As regards our work with India and the Indian Government, my noble friend mentioned the City of London Police, which, as I said, is the lead force for economic crime and has partnered with law enforcement and industry to combat call centre fraud from India and other jurisdictions. It has, for example, partnered with Microsoft, which has led industry efforts to combat this kind of fraud, and as a consequence of that partnership the City of London Police has supported Microsoft in the initiation of a number of enforcement actions, the most recent of which occurred in the Kolkata region. Obviously, things that happen overseas are a matter for the overseas authorities. Moreover, this type of fraud is global, and quite often you cannot trace where it originated.

[Baroness Wheatcroft (Non-Afl)]

My Lords, last week I received an Outlook email that cited a password I have used, although not for the dubious purposes it alleged. If I paid $1,900 into a Bitcoin account, discretion was assured. Clearly, the attacker had accessed the passwords from one site and sent out a blanket blackmail attempt. Is the Minister convinced that the platform operators are doing everything they can to detect the pattern of such blackmail attempts?

[Baroness Williams of Trafford]

My Lords, I know that law enforcement agencies are working extremely hard. In fact, every day I am on operational calls with various law enforcement agencies, and my mother was targeted by exactly the same scam last week. The FCA has conducted the ScamSmart campaign to raise awareness of this type of thing, particular pension and investment scams.

[The Lord Speaker]

The noble Baroness, Lady Neville-Rolfe, has the next supplementary question. She is not here.

[Baroness Crawley (Lab)]

Thank you, Lord Speaker, and well done to everyone for getting us to this point. Given the rise in Covid-related fraud and scams in the UK, where we know unscrupulous criminals are exploiting fears about the virus in order to prey on older and vulnerable people, as the noble Lord, Lord Naseby, said, what are the Government doing to ensure that local government capacity, especially in trading standards departments, is fit for purpose, and what direct enforcement action has the Competition and Markets Authority taken in respect of companies breaking the law?

[Baroness Williams of Trafford]

I thank the noble Baroness for that question. She is right to raise this. Local government is at the heart of some of that local awareness-raising and enforcement action. We have given a grant of £500,000 and an additional £600,000 for National Trading Standards scams teams to provide call-blocking technology to vulnerable people.

[Lord Sharkey (LD)]

My Lords, yesterday the Times reported the cybersecurity company Avast as saying that scammers have been targeting healthcare providers worldwide since the pandemic struck. Its CEO said:

“We’ve seen an increased number of attacks against hospitals and the NHS is one of the top targets right now.”


These attacks use ransomware and shut down NHS systems unless a ransom is paid. The last large ransomware attack on the NHS was in 2016 and led to disruption in at least a third of trusts. In 2018, the NHS published a lessons-learned report that made 22 recommendations to protect against future attacks. How many of those recommendations have been implemented, and how safe from ransomware attacks is the NHS at the moment?

[Baroness Williams of Trafford]

I hope the noble Lord will forgive me when I say that I do not have specific information to hand on the NHS. It is pretty disgusting how this exploitation takes place very quickly on the back of a vulnerable event. Counterfraud guidance is being circulated alongside further advice and guidance from cybercrime technical work, which consists of more than 100 police officers across the country with a focus on helping businesses and individuals to protect themselves from these sorts of crimes. The public sector is a huge part of national business as we know it. I have certainly had a lot of information on Covid-19 exploitation, such as selling people protective equipment that is absolutely fraudulent and tests that are absolutely fake. It is an appalling practice, but it is happening and we are working across agencies to try to combat it.

[Baroness Altmann (Con)]

My Lords, I thank everybody who has made all this possible. It is much appreciated. I declare my interests as listed in the register.

I have a particular question on pension fraud and pension scams. I know the Government have been doing a great deal of work trying to protect people better, but there are practical ways in which we can try to prevent money leaving pension funds. So far, there is a ban on cold calling, but it is not a complete ban: your provider can call you or others can call you. Individuals are not clear about where to report scams. There is Action Fraud, City of London Police, the Scorpion campaign, ScamSmart, the FCA and the Pensions Regulator.

I would be grateful if my noble friend would ask the department whether, on pension fraud, it might be possible, with our pensions Bill going through at the moment, to look more carefully at asking pension providers to clamp down on people who are in a rush to transfer quickly, to direct people to Pension Wise, and perhaps to help people protect their pensions with a line of defence at the provider level. Obviously we cannot stop scams completely; these are very unscrupulous people who can change IP addresses and phone numbers and can even pretend not be in the country they seem to be coming from.

[Baroness Williams of Trafford]

My Lords, I am sorry; I am looking for the appropriate bit in my notes but cannot find it. The noble Baroness raised a very important point. Particularly at this time, when people are feeling vulnerable, it is really pertinent to raise that point. Obviously I am not in the pensions department, but I will take that point back and alert my colleague, my noble friend Lady Stedman-Scott, to it.

[The Lord Speaker]

My Lords, I fear that, again, the time allowed for this Question has elapsed, so we will have to move on, with apologies to those who have not been able to ask their question. We come to the fourth Oral Question, which is from the noble Lord, Lord Foulkes of Cumnock.

Windrush Compensation Scheme (Expenditure) Bill

Baroness Williams of Trafford Excerpts

3rd reading & 2nd reading & Committee negatived & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & Committee negatived (Hansard) & Committee negatived (Hansard): House of Lords
Tuesday 21st April 2020 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the Bill be now read a second time.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I am a bit out of practice —I am so used to doing things on Zoom now—but I am very pleased to be able to move that the Bill be now read a Second Time.

The whole country was shocked by the unacceptable mistreatment of some members of the Windrush generation by successive Governments. As the Home Secretary said on publication of the Windrush Lessons Learned Review, despite the diverse and open nature of our country, too many people still feel that they may be treated differently because of who they are or where their parents came from. Many noble Lords have spoken passionately and movingly about the contributions made by the Windrush generation, men and women who came to the United Kingdom to rebuild the country after the Second World War. They built their lives and their home in Britain, and they have done so much for this country—their country. They worked hard, paid their taxes and contributed to our communities, our culture and our society. That is why we were all so shocked to discover that they and their families were subject to such insensitive treatment. Lives were ruined and families were torn apart.

This Government recognise that no amount of money can undo the injustice some members of the Windrush generation have faced or the hardship they have suffered. However, it is only right that all those who have been affected are offered proper compensation. This Bill, brought to this House as a money Bill, is therefore a vital part of delivering the Windrush compensation scheme. The compensation scheme was launched in April 2019. It includes a specific apology to each person, issued with the award of compensation. Most importantly, it allows those who have suffered to avoid court proceedings in pursuit of justice. There are 13 categories under which people can claim compensation, including “Impact on life” and “Discretionary”, and while some categories of award have an upper limit, there is no overall cap on the amount an individual can receive in compensation under the scheme.

Our priority has been to ensure that payments are made as quickly as possible. The first payment was made last July, within four months of the scheme being launched. To the end of December we had made 36 payments totalling £62,198, and many more payments have been made since then. However, some cases are more complex than others and it is right that we take the time to ensure these are dealt with properly. Where we can resolve part of a claim more quickly than other parts, we are making interim payments to ensure claimants receive their awards as quickly as possible, although we recognise the strength of feeling that we need to do all we can to ensure many more receive what they are due quickly.

Evidential requirements have been designed to be straightforward and not too onerous. Claim forms have been designed to be simple and easy to understand and were tested with users, so legal assistance is not required to complete an application. However, the Home Office has a contract with Citizens Advice to provide independent advice and support to claimants in the UK and overseas should they need it, and yesterday we announced the launch of a tender to select an organisation to provide this support to claimants for the duration of the scheme. The tender will be open from 22 April and close on 1 July and interested organisations can find out how to access the relevant documents on GOV.UK. The design of the scheme was informed by a public consultation, and the advice of Martin Forde QC, the independent adviser to the scheme. I thank Martin Forde QC for his ongoing support and invaluable insight.

We have listened, and will continue to listen, to feedback on the scheme to make sure it is delivering for those it is designed to compensate. Details of the scheme are set out in non-statutory rules, which gives us the flexibility to amend them where appropriate. For example, we announced earlier this year that we are extending the duration of the scheme by a further two years and changing the rules so people will no longer be expected to show they took immediate steps to resolve their status. This change means that some people may qualify for higher awards, particularly where it relates to loss of employment.

A review process for those dissatisfied with their compensation offer has also been established, first through an internal Home Office review and, if the claimant is still dissatisfied, through an independent review by the adjudicator’s office. Information supplied as part of a claim for compensation will not be used for enforcement action.

My department continues to work extensively with communities and stakeholders to raise awareness of both the Windrush compensation scheme and the Windrush scheme. The Home Office has attended or hosted over 100 engagement and outreach events and surgeries throughout the UK, but there is more to do to fulfil our commitment to those affected. That is why we announced last month a £500,000 community fund to enable grass-roots organisations to promote these schemes, including provisions for advice surgeries, the design of which will be shaped by community stakeholders, and a national communications campaign to raise awareness and ensure that people know how to apply.

No compensation can ever hope to undo the injustice of being told that you are not welcome in your homeland, but we hope that the Windrush compensation scheme can go some way to righting the wrongs of the past, in particular towards easing the financial burden that some endured as a result. That is why, even in the midst of the current circumstances, we have this Bill before us to fulfil our commitment to the Windrush generation and to discharge our financial duties to Parliament responsibly. Payments are currently made under a ministerial direction issued in July last year, but the Bill will ensure that expenditure under the scheme meets the expectation of financial regularity relating to both the 1932 concordat between the Public Accounts Committee and the Treasury, and the principles of Managing Public Money.

The Bill received support in the Commons, where it passed quickly without amendment. We want swiftly to grant Parliament the necessary financial authority for expenditure under the compensation scheme, and I hope noble Lords will give the Bill the support it needs to avoid any further uncertainty for members of the Windrush generation. I therefore commend the Bill to the House.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I thank the noble Lord, Lord Kennedy, and everyone who has spoken in this debate. Several things came to mind as I heard the various speakers.

First, my noble friend Lord Taylor of Warwick commented on “no blacks, no Irish, no dogs”. Were that still in force—the noble Lord, Lord Kennedy, and I were babies then—half the speakers taking part in this debate would not be allowed in your Lordships’ House. It was lovely to hear the noble Baroness, Lady Watkins, on the back of my noble friend’s point, talk about some of her inspirations as a student nurse.

I also support the point made by the noble Lord, Lord Newby, and the noble Baroness, Lady Bull, about our BME friends who have worked in the fight against Covid-19, many of whom have died in the fight. Many people in this country owe them their lives, and we are eternally grateful to them.

This is rightly a money Bill, because it focuses on matters of financial regularity. The Home Secretary has said that there are still people out there who need our help but whom we have not yet reached—many noble Lords have referred to them today. That is why we have confirmed that we will launch an expanded cross-government Windrush working group to develop programmes to improve the lives of those affected. That might be through employment support programmes, dedicated mental health support or specialist education and training schemes. We will continue to listen to stakeholders as we take forward establishing this group.

Most noble Lords talked about the scope of the scheme. My noble friend Lady Verma, who cannot be here today because she is self-isolating, has asked me to talk about certain aspects of it. The Windrush Compensation Scheme is not limited to men and women who originally came to the UK from the Caribbean Commonwealth and have struggled to demonstrate their lawful status. It is open to Commonwealth citizens who arrived in the UK before 1 January 1973 and who are lawfully here because they have a right of abode or settled status or are now British citizens. It is open also to Commonwealth citizens overseas who settled in the UK before 1 January 1973 and to any person of any nationality who arrived in the UK before 31 December 1988 and is lawfully here because they have a right of abode or settled status or are now a British citizen. The scheme is open also to the children and grandchildren of Commonwealth citizens in certain circumstances, to the estates of those who are now deceased but who would have otherwise been eligible to claim compensation, and to close family members of eligible claimants where there is evidence of certain direct financial losses or significant impact on their life. The noble Lord, Lord Hastings, asked about mental health. Mental health would be covered by this aspect of impact on life.

Data published by the department on 27 February demonstrates that claims are being made by individuals of a range of nationalities, spanning the Commonwealth beyond the Caribbean. The scheme covers a broad range of losses: there are 13 categories under which claims can be made, such as impact on life, which I have just mentioned. There is also a “discretionary” category, which will enable people to claim for other losses not necessarily identified within the scheme. We want to be as flexible about this as possible.

The Government are committed to making sure that everyone who is due compensation can receive it. In designing the scheme, 650 responses to a call for evidence and nearly 1,500 responses to a public consultation informed our approach. We held several public events. Martin Forde QC, who is an experienced barrister on all aspects of health law, was appointed by the previous Home Secretary to advise on the design of the compensation scheme. We have made the evidential threshold as low as possible and will work with claimants to support them in providing as much information as possible to support their claim. However, it is important that we spend public money appropriately and therefore a minimum level of information and evidence is required. Where awards are for actual losses, it is right that we seek to obtain an appropriate level of assurance that those losses were incurred so as to fulfil our duty properly to manage public money.

The aim of this approach is to reimburse in full those who can evidence actual losses. For those who cannot meet the evidential requirements for an award based on actual loss, a tariff award may be made. Our approach is comparable with employment tribunals’ approach for calculating loss of earnings, where an award to cover actual losses generally would be paid where the claimant was able sufficiently to evidence what those could have been.

We have always said that we will listen to feedback on how the scheme is operating and continue to make improvements where they are identified to make sure that it is delivering for those whom it is designed to compensate. The changes announced by this Government earlier this year demonstrate our commitment to do this and to build on changes made to the rules last October.

I can understand concerns that the department which caused the issues facing these individuals should be the one deciding whether they are eligible to receive compensation. I hope that I can give some comfort on this. The Home Office is determined to learn lessons and right the wrongs experienced by the Windrush generation, and the compensation team is working hard to ensure that people get the compensation they deserve. As the Home Secretary said in her Statement on Wendy Williams’ Windrush Lessons Learned Review, we will continue to do everything possible to ensure that the Home Office protects, supports and listens to every single part of the community it serves.

On the operation of the compensation scheme, moving it from the Home Office would risk significantly delaying payments to claimants. I am sure that that is not what anyone would want. The first stage in deciding a claim for compensation is to confirm an individual’s identity and eligibility, and that is linked to the immigration status of an individual. It would be difficult to decouple this from the Home Office without increasing the time taken to process an individual’s claim and issue payments.

We have established an independent review process for those dissatisfied with their compensation offer. The independent review is conducted by the HMRC adjudicator, a non-departmental public body that is completely independent from the Home Office and can look at, among other things, whether the department has followed its policies and the use of discretion by the Windrush compensation team.

Lastly, as an independent adviser to the scheme, Martin Forde continues to provide external scrutiny and challenge on its operation and implementation, and we continue to listen and respond to feedback received from stakeholders to ensure that the scheme is operating effectively for claimants.

The noble Lords, Lord Newby and Lord Taylor, and others, spoke about funding, the impact assessment, award tariffs and caps on the scheme. I say again that the Government are making sure that everyone who is due compensation can receive it. The Windrush compensation scheme awards compensation according to both actual losses and tariff-based awards. While some categories of awards have an upper limit, there is no overall cap on the amount that an individual can receive in compensation under the scheme. There is also an uncapped discretionary category, which is for significant impact or loss not necessarily identified within the scheme.

Noble Lords referred to the updated impact assessment. Published in February, it outlines the Home Office estimates that the Windrush compensation scheme will cost between £90 million and £250 million, based on 11,500 eligible claims. That answers the question from the noble Lord, Lord Taylor of Warwick.

Other noble Lords, including the noble Lord, Lord Newby, talked about the sheer breadth and extent of the spectrum of compensation. It has actually reduced since the previous impact assessment was published, due to lower than anticipated claims to date. However, there remains a high degree of uncertainty around the likely volume of compensation claims and the level of claims against the different categories. As a result, the impact assessment uses a number of different volume scenarios with a wide range of possible costs. The department will continue to review estimates as more payments are made, but I want to make it clear that there is no cap on the amount of compensation we will pay out to individuals.

The noble Baroness, Lady Watkins, asked about data on the number of applicants. There will be a quarterly update on GOV.UK. Given that the last update was in December, I am expecting one fairly soon.

The noble Lord, Lord Newby, talked about the number of payments made and the time to process claims, and I think that his challenge is absolutely fair. Up to the end of December, 36 payments had been made, totalling £62,198. We aim to award compensation as quickly as possible, but it does take time to process each claim, and it will depend on the complexity of individual cases. It is right that we take the time to ensure that they are dealt with properly. Where we can resolve part of a claim more quickly than other parts, we are making interim payments to ensure that claimants receive their awards as quickly as possible. Many of the payments made so far are interim payments, which means that claimants may receive further awards later.

The noble Lord, Lord Newby, and the noble Baroness, Lady Watkins, asked what proportion of claimants are successful. The latest data, released in February, to the end of December 2019, show that nobody had been rejected on eligibility grounds. There were some zero awards to eligible people who had not suffered financial loss or detriment.

The noble Baroness, Lady Bennett of Manor Castle, made a very good point about people with no recourse to public funds. Many of the measures that Her Majesty’s Government have put in place will support such people—for example, the coronavirus job retention scheme, the self-employment scheme and statutory sick pay are not public funds and are available to all. The Government have given more than £3.2 billion to local authorities to help them support those in need. Of course, for people with no recourse to public funds, that is quite often where the money comes from. Rental and mortgage protections are also available and people on human rights routes can apply to have their “no recourse to public funds” status lifted if their financial circumstances change.

On the length of time, just as a comparator, the Criminal Injuries Compensation Authority website suggests that claims under that scheme take 12 to 18 months to conclude, but that is not a reason to justify this. I recognise the strength of feeling, and we are working very hard to ensure that many more receive what they are due quickly. To the end of December, as I have said, no claims had been rejected. The noble Lords, Lord Newby, Lord Kennedy and Lord Hastings, made very good points about communications efforts. Of course, those efforts are not just by way of a quick tweet, as the noble Lord said; they are across the world and we are working extensively with communities and stakeholders to raise awareness of both the Windrush compensation scheme and the Windrush scheme.

The Home Office has attended or hosted more than 100 engagement and outreach events and surgeries throughout the UK, but there is definitely more to do to fulfil our commitment to those affected. It is essential that we engage with people directly. That is why last month we announced the £500,000 community fund that the noble Lord, Lord Hastings, mentioned, to enable grass-roots organisations to promote these schemes, including provision for advice services. We are committed to working with members of the community to shape the design and principles of the fund. That is why we intend to work with stakeholders to co-design the fund.

One thing that the compensation scheme covers under quite a broad category—I have already alluded to it—is the impact on life. This category is specifically designed to cover non-financial impacts that individuals might have faced as a result of being unable to demonstrate their lawful status; for example, an inability to attend significant family occasions, celebrations or events, or family separation. We have heard awful examples in this House of how that has happened. This category is awarded at a series of levels, with payments ranging from £250 for detriment where the effect on the claimant was fairly short lived, up to £10,000-plus where the effect was profound and likely to be irreversible. The scheme is also open to close family members of eligible claimants who may claim compensation in their own right where they have suffered a loss or impact.

The Government also consider it reasonable to expect that individuals who encountered difficulty evidencing their lawful right to be in the UK would have taken steps to try to resolve this. However, we have listened to feedback from stakeholders and affected individuals, and earlier this year we amended our mitigation policy so that a wider range of circumstances and actions taken by individuals to resolve their immigration status or mitigate losses or impacts are considered when deciding awards. Individuals are no longer expected to show that they took immediate steps to resolve their status, and this was clarified in new guidance published on 5 March. These changes mean that affected individuals may qualify for higher awards, particularly where loss of employment is involved.

The noble Lord, Lord Taylor of Warwick, and others talked about claimant assistance and legal advice. We have designed the compensation scheme to be as clear and simple as possible so that people do not need legal assistance to make a claim. The claim forms have been designed to be simple and easy to use and were tested with users.

Evidential requirements have also been designed to be straightforward and not too onerous. However, for those who want or need support to make a claim, the Home Office has funded Citizens Advice to provide free independent advice and support. This is available to individuals at home and overseas. As I said, yesterday we launched the tender to select an organisation to provide free independent advice and support to claimants for the scheme’s duration.

The noble Lord, Lord Newby, mentioned the length of the form. Claimants need to fill in only the bits of the form that are applicable to them. While it might seem like a long form, they have to fill in only the pieces that refer to them.

Many noble Lords—the noble Lords, Lord Newby and Lord Kennedy, and the noble Baroness, Lady Watkins, in particular—mentioned the duration of the scheme. We want to make sure that everyone who wishes to make a claim can do so. That is why we announced earlier this year that we are extending the duration of the scheme until 2023 and why we are doing all we can to raise awareness of it. However, as the Immigration Minister said at Second Reading in the other place:

“There is a balance to be struck between having a date far enough in the future to enable people to feel confident that they have time to make their claim, but soon enough to encourage people to put in their claim.”—[Official Report, Commons, 10/2/20; col. 668.]


We felt that the two-year extension provides this, but the option remains to further extend the duration if it is required. The rules allow for an extension.

Noble Lords also talked about destitution, immediate need and significant hardship. Where people are in immediate need, we have measures in place to provide that extra support. The task force has a dedicated vulnerable persons team to provide help and advice where safeguarding and vulnerability issues are identified. To the end of February 2020, the vulnerable persons team has provided support to nearly 1,400 individuals. We have a fast-track service with the Department for Work and Pensions to confirm status and residence and to arrange access to benefits. We can also help with securing accommodation for those identified as homeless with local authorities. To provide support to members of the Windrush generation who have an urgent and exceptional need, we may also be able to consider a payment under the support in urgent and exceptional circumstances policy. To the end of February 2020, 33 payments have been made under that policy. Finally, the Home Office also has an agreement with Citizens Advice to provide bespoke professional advice, including debt advice, to anyone experiencing immediate financial problems.

All noble Lords talked about the Windrush Lessons Learned Review. On 18 March, the Home Secretary received the review from Wendy Williams, and updated Parliament and published the review at the earliest opportunity on 19 March. It makes compelling reading. It makes it clear that some members of this generation suffered terrible injustices spurred by institutional failings spanning successive Governments over several decades, including

“ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation”.

We are truly sorry on behalf of this and previous Governments that people’s trust has been betrayed.

The Home Secretary will bring forward a detailed formal response in the next six months, as Wendy Williams recommended. As noble Lords will recall, she specifically asked the Home Secretary to take time to reflect on this before she responded.

Noble Lords talked extensively about the compliant environment. The previous Home Secretary, my right honourable friend Sajid Javid, said that the words “hostile environment” would no longer be part of the way that the Home Office operated. The Government are absolutely committed to a fair and humane immigration policy which welcomes and celebrates those here legally, deters immigration offending and protects the taxpayer.

The noble Lord, Lord Newby, talked about the right to rent. This was introduced under the coalition Government and was about tackling unscrupulous employers and landlords to protect the vulnerable while also protecting good employers and landlords. It is in the interests of a fair society that those who play by the rules are supported while those who would otherwise be exploited are protected. The noble Lord talked about losing the right-to-rent judgment. We did not actually lose the judgment: the appeal has been allowed and we will await its outcome.

Gosh, I have gone on for 24 minutes, but I am sure that the House will indulge me. The noble Baroness, Lady Bull, asked about the stakeholder advisory group and how many times it has met. The cross-government group announced by the Home Secretary has not yet met because of Covid-19, but the Home Office stakeholder advisory group has met three times and has focused on communications campaigns—engagement and outreach, grass-roots campaigns and the new national campaign—and working on digital outreach options in the light of coronavirus. She also made a comparison with the furlough scheme. It is not really comparable because that scheme is just about employment and this is so much broader than that. The Windrush Compensation Scheme is dealing with people’s lives in the round and a lot of this goes back many years.

I hope I have answered all noble Lords’ questions. I am sorry to have gone on for 25 minutes. I thank all noble Lords and commend the Bill to the House.

Bill read a second time. Committee negatived. Standing Order 46 having been dispensed with, the Bill was read a third time, and passed.

Extradition (Provisional Arrest) Bill [HL]

Baroness Williams of Trafford Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 23rd March 2020 Lords Chamber

[Lord Wood of Anfield (Lab)]

My Lords, the amendment tabled by the noble Baroness, Lady Hamwee, highlights the need for caution over any period of detention before an individual is brought before the judge. From the points just made, I think the House can agree that it is unclear why these detention periods are inconsistent in different cases. The efforts to draw the House’s attention to this certainly have the support of this side of the House. I hope the Minister can offer the House an explanation as to the reason behind this inconsistency between urgent cases under the 2003 Act’s category 1 and category 2.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank the noble Baroness, Lady Ludford, for her explanation and the noble Lord, Lord Wood. As noble Lords will know, the courts to which all extradition suspects must be taken, whether arrested under Part 1 or Part 2 of the Extradition Act 2003—as currently or as amended by this Bill—are Westminster Magistrates’ Court for England and Wales, Edinburgh Sheriff Court for Scotland and Belfast magistrates’ court for Northern Ireland. Currently, the person arrested under the Act must generally be brought before the appropriate judge “as soon as practicable” following arrest. Under the new power of provisional arrest in this Bill, it must occur “within 24 hours”.

The reason the Bill was originally drafted in this way was to strike a balance between getting arrested individuals before a judge as quickly as possible—the point the noble Lord, Lord Wood, makes—and allowing the police sufficient time to gather supporting information. This mirrored, in a more stringent form, the approach to provisional arrest in Part 1 of the Extradition Act 2003, which requires an individual to be brought before an appropriate judge within 48 hours of arrest. But I am conscious that the drafting departs from the general requirement currently imposed on the police after they make arrests under other existing powers in the Extradition Act 2003—the point that the noble Baroness, Lady Ludford, makes.

I listened carefully at Second Reading and in Committee, and I have concluded that the new power of arrest in the Bill should be consistent in this respect with existing law and practice in relation to Part 2 of the 2003 Act and should therefore mirror the wording “as soon as practicable”. This will ensure that individuals are not detained for any longer than is strictly necessary. If, for example, an individual is arrested in central London, “as soon as practicable” would in all probability be within 24 hours. Our operational partners have already proved themselves effective at producing wanted persons before courts within strict timeframes, and the three UK extradition courts have proved strict arbiters of police actions under the “as soon as practicable” requirement.

Therefore, I intend to introduce a government amendment to this effect at Third Reading to address those concerns. The amendment will leave out the words “within 24 hours” and insert “as soon as practicable” in their place, as well as consequently deleting the express exclusion of weekends and bank holidays in the calculation of the 24-hour period. While the language will not explicitly rule out production on weekends or bank holidays, these factors will, of course, be relevant to the practicability of bringing an individual before an appropriate judge. If public holidays or court opening times were to change in future, the legislation would not need to be amended to take account of that. It remains the Government’s intention that the arrested person be brought before a judge sitting in court and so the concept of “as soon as practicable” will remain subject to court sitting times, which are determined by the judiciary. There may, of course, be a multitude of other factors which affect, in the individual case, the practicability of bringing an individual before a judge, such as distance, natural disasters or illness of the arrested individual. We continue to think it is right, therefore, that the judiciary is the arbiter, in the individual case, of whether this test of “as soon as practicable” is met, and it will be able to do so in determining any application for discharge under Section 74D(10).

I hope that the noble Baroness and the noble Lord are content with those intentions, which I will bring back at Third Reading and that the noble Baroness will be happy to withdraw the amendment.

[Baroness Ludford]

My Lords, I am very grateful to the Minister for having productively reflected on this. I can see the original attraction of a rigid time limit, and the Minister is right that there is inconsistency in the Extradition Act 2003, because there is a 48-hour limit for provisional arrest in Part 1. Perhaps that is what guided the drafting of the original Bill. As the Minister said, the experience of the relevant courts dealing with extradition in the different jurisdictions is that they are prompt and do not sit on these things. Therefore we can rely on the operations of the courts to make sure that “as soon as practicable” happens and that it is only some kind of force majeure that stops that being very soon, taking into account what the noble and learned Lord, Lord Judge, said at Second Reading and in Committee about the ability of a judge to be available, certainly in the Westminster court, on a Saturday. I am very grateful and look forward to the amendment that the Minister intends to bring back at Third Reading.

Forgive me if, in all the turmoil at the moment, my knowledge of procedure has gone slightly AWOL: I think I still need to move the amendment. No? Okay, then I shall withdraw it. I am obviously not very good at this—that is why we need my noble friend Lady Hamwee here. I end by saying that on the basis of the assurances and promises of the Minister, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Ludford]

My Lords, we on these Benches support Amendment 3 in the name of the noble Lord, Lord Kennedy. We hope that the Government will confirm the involvement of the devolved Administrations and believe that there is a strong case to be made for consulting NGOs that have experience of the country concerned, however knowledgeable the Foreign and Commonwealth Office may be.

On the “risks” mentioned in paragraph (b) of the amendment, I imagine that the noble Lord means that he expects the Government to make an assessment of balance and proportionality in whatever conclusion they reach on the suitability of a country to be included.

Of course, we totally support his reference in paragraph (c) to the need to avoid the abuse of Interpol red notices, to which I referred in moving Amendment 1. I have said that I am a patron of Fair Trials International and I want to give it a plug: it has done sterling work on this issue in the past few years and can, I believe, take considerable credit for the reforms that have been made to Interpol red notices so far. They do not go far enough but reference has been made in previous stages of the Bill to the fact that some reform is going on at Interpol; that needs to improve because there is still the problem of abuse. Perhaps one day there will not be and we can look again, but, for the moment, Amendment 3 is very appropriate.

[Baroness Williams of Trafford]

My Lords, I thank both noble Lords who have spoken. I was looking at the noble Baroness, Lady Ludford, slightly strangely because it is unusual to speak twice on the same group of amendments. It really does not matter because these are very unusual times, so it is not a precedent.

I do not know whether noble Lords want me to go through the full arguments today or whether they want to return to them at Third Reading; I sense that that is the mood of the House. Noble Lords have made their arguments. For the reason that the noble and learned Lord, Lord Judge, is not here and would like a further crack at this whip, I suggest that we let this lie for the moment and return to it at Third Reading, if that is okay with noble Lords.

[Lord Stevenson of Balmacara (Lab)]

I am sorry to interrupt. The sensibility behind the noble Baroness’s comment is that this a matter that we can come back to at Third Reading. Without wishing to be overly bureaucratic about it, following her helpful line in allowing issues on Report to be taken in a more relaxed way, a rule in the Companion is quite clear that it is with the leave of the Minister that matters can be raised again. Is she saying that, if these amendments are withdrawn, she will accept that they may be brought back for further debate and discussion? That would be sufficient for the clerks to be able to allow us to do that.

[Baroness Williams of Trafford]

I most certainly am saying that. For me to lay out arguments today, with the noble Baroness saying what she said about coming back to this at Third Reading, would seem a little futile. That is absolutely what I am saying.

County Lines Drug Trafficking

Baroness Williams of Trafford Excerpts

Thursday 19th March 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, county lines has a devastating impact on our children and communities, and this Government are determined to crack down on these criminal gangs. We are providing £25 million of targeted investment this financial year and next to boost law enforcement efforts. This builds on previous activity, including establishing the National County Lines Coordination Centre, which launched in 2018 and has co-ordinated activity resulting in over 2,500 arrests and 3,000 people safeguarded.

[Baroness Kennedy of Cradley (Lab)]

My Lords, I first thank the Lord Speaker for his wise words and wish him and all noble Lords well.

With regard to the Question, the largest rise in child victims of modern slavery and human trafficking reported by the NCA is due to county lines crimes. However, the Modern Slavery Act 2015, which was not passed with this type of crime in mind, is being used by prosecutors to try to tackle this growing problem. Given the disturbing rise in this life-changing crime, will the Home Office prioritise an investigation into the use of the Modern Slavery Act in relation to county lines cases to determine where swift improvements can be made?

[Baroness Williams of Trafford]

I certainly take the noble Baroness’s comments on board. The Government constantly review legislation to ensure that it is working effectively, but I shall certainly look into the point that she makes. We of course want the legislation to work in the best and most effective way.

[Lord Woolley of Woodford (CB)]

Does the Minister agree that many of those caught up in county lines drug trafficking are extremely vulnerable children and teenagers, and furthermore, that our response should and must be cross-governmental? We need to have a grown-up conversation about drugs policy. The present policy—often described as a “war on drugs”—seems only to embolden gangs and cause misery in many communities. At the other end of this joined-up thinking, particularly to stop the disproportionality of black children being excluded from schools, must be an unprecedented recruitment drive of black male teachers.

[Baroness Williams of Trafford]

I most certainly agree with the noble Lord about this whole thing being driven by the drugs markets. The types of people who are most predominantly targeted and engaged in this are indeed vulnerable teenagers, and in fact younger. I totally agree that a multiagency approach is entirely needed, which is what the National County Lines Coordination Centre aims to do. It is a multiagency team of experts from the NCA, the police and regional crime units. I also take his point about the stopping of black people. People should be stopped on an intelligence- led basis, not because of the colour of their skin.

[Lord Faulkner of Worcester (Lab)]

Does the Minister agree that the work of the West Midlands Police and West Mercia Police in Operation Ballet, led by Detective Inspector Julie Woods, has been exemplary? It led to convictions at the Worcester Crown Court last Friday of 13 individuals who had operated a county lines scam starting in London, going to Birmingham New Street station, and then spreading out, with couriers and local people in the towns of Herefordshire and Worcestershire; these towns are not normally associated with drug trafficking, but, in the present circumstances, seem to be hotbeds of this terrible anti-social activity.

[Baroness Williams of Trafford]

The noble Lord makes exactly the right point: towns and counties that one would usually not expect to be associated with such criminal activity in fact are. I pay tribute to Julie Woods for the convictions secured at Worcester Crown Court. For every one person convicted, an awful lot of young people are safeguarded from this terrible scourge.

[Lord Patel of Bradford (Non-Afl)]

My Lords, what assessment have the Government made of the links between young people being drawn into county lines and increasing child poverty, the number of children in care and the number of young people being excluded from schools? Also, what are the Government doing to divert those who have been caught from a lifelong career of criminality?

[Baroness Williams of Trafford]

My Lords, like all these things, the causes are multifactorial. The symptoms are also many and varied. It might not be drugs or county lines that a young person gets into; it might be other things as well. What was the second part of the noble Lord’s question?

[Lord Patel of Bradford]

Diversion from a life of crime.

[Baroness Williams of Trafford]

Noble Lords have previously brought up in this House that the young people who are drawn into this sort of activity are not themselves criminals; they are victims of other people’s exploitation. It is very important to keep that in mind when we think about how we deal with these children and divert them into mainstream life and out of a life of crime.

[Lord Rosser (Lab)]

My Lords, following the Government’s decision to fund an increase in the number of police officers by some 20,000, the Home Secretary told police chiefs that she now expected them to deliver a return on that funding in the form of a reduction in crime. Now that the Home Secretary has admitted through that statement that the total number of police officers available does have an impact on the level of crime—contrary to what the Government used to maintain while they were busily reducing the number of police officers over the last decade—will the Government now agree that one reason, though not the only reason, for the rate and level of expansion of child criminal exploitation, or county lines, across the country has been the reduction in the number of police officers and the resultant increasingly stretched police forces across the country over the last 10 years?

[Baroness Williams of Trafford]

My Lords, as I said earlier, I think these issues are multifactorial. One thing that the noble Lord, Lord Hogan-Howe, would say if he were here is that it is driven by the drugs market, but the drugs market is not the only factor. It is also fair to say that at some point demands on the police, and crime, became more complex, and therefore it was the right decision to take to promote the move towards having more police officers on our streets to fight crime.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, sometimes in the past the police have caught a young criminal, a young gang member who has been involved in criminal activity, and, instead of charging or even rehabilitating them, they have actually turned them around and sent them back into the gang as a child police spy. Is that still happening? If it is, how many children are involved?

[Baroness Williams of Trafford]

The noble Baroness will know from previous answers I have given that the number is estimated to be fewer than 10; she will recall the report that looked into that. It is something that is used only very sparingly, and its ultimate aim is to drive down crime and bring to justice those people who are exploiting children.

Windrush Lessons Learned Review

Baroness Williams of Trafford Excerpts

Thursday 19th March 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, with the leave of the House, I will repeat a Statement given by my right honourable friend the Home Secretary in the other place. The Statement is as follows:

“Mr Speaker, with permission, I would like to make a Statement on the long-awaited Windrush Lessons Learned Review. I dedicate this Statement today to the Windrush generation. I have personally been deeply moved by reading this report. Given the national significance of this issue, I have published this review immediately. I thank Wendy Williams and her team for the important work they have undertaken.

The Windrush Lessons Learned Review gives voice to members of the Windrush generation who arrived legally in the UK to help rebuild post-war Britain. These are the people who have done so much for this country, from staffing the NHS to rebuilding Britain. These are the very people who worked hard, paid their taxes and had every right to be in this country. They contributed to our communities, culture and society, helping our public services and economy thrive. They made our country stronger, more vibrant and more successful as a nation—which is why we were all shocked to discover that they and their families were subject to such insensitive treatment by the very country they called home.

As this review makes clear, some members of this generation suffered terrible injustices, spurred by institutional failings spanning successive Governments over several decades, including

“ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation”.

Today’s publication is part of an ongoing mission to put this right and ensure that events such as this can never happen again, as there were far too many victims of Windrush.

Paulette Wilson was detained in an immigration removal centre and warned that she faced removal, after living in the UK for 50 years. She spent decades contributing to the UK, working for a time in this very House, yet was treated as a second-class citizen.

Junior Green had been in the UK for more than 60 years, raising children and grandchildren here, but after a holiday to Jamaica he was refused re-entry despite holding a passport confirming his right to be in the UK. The injustice that he suffered was compounded when, because of this action, he missed his mother’s funeral. Lives were ruined and families were torn apart, and now an independent review has suggested that the Home Office’s ‘institutional ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation’ contributed to this. This is simply unacceptable.

I have heard people speak of ‘decision-making’ as a process—a process that grinds people down to the extent that it makes you want to give up. I have heard people speak of being dismissed, labelled as a group of people who just did not matter and whose voice on this issue was irrelevant. People have spoken to me about the indignity and inhumanity they still feel today from the experience of being made to feel unwelcome in their own country. They have described their experiences as unthinkable and unimaginable.

However, there are people across the UK, and even some members of this House—including myself and the Shadow Home Secretary—for whom this is unfortunately all too relatable. There are lessons to learn for the Home Office, but also for society as a whole. Despite the diverse and open nature of our country, too many people still feel that they may be treated differently because of who they are or where their parents came from. And today’s report, which suggests that in the Home Office there was an ‘institutional ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation’, is worrying for us all.

In her report, Wendy Williams is clear that lessons must be learned at all levels and by all political parties. She describes a set of measures that evolved under Labour, coalition and Conservative Governments. These measures cover decades. She states that Ministers did not sufficiently question unintended consequences and that officials should and could have done more. But we must all look to ourselves. We must all do better at walking in other people’s shoes. We must all take responsibility for the failings that led to the unimaginable suffering of this generation.

Let me be clear. There is nothing that I can say today which will undo the pain, suffering and misery inflicted on the Windrush generation. What I can do is say that, on behalf of this and successive Governments, I am truly sorry for the actions that spanned decades; I am sorry that people’s trust has been betrayed; and we will continue to do everything possible to ensure that the Home Office protects, supports and listens to every single part of the community that it serves.

Action has already begun. In recent months, I have met and listened to people whose lives were shattered. Since 2018, we have launched measures to put right the wrongs caused to individual members of the Windrush generation. We have taken action through practical measures to give those who were affected the assistance, certainty, reassurance and support that they need.

The Commonwealth citizens task force goes into communities to help and support people to secure their legal status. Over 11,700 people have been granted a form of documentation that confirms their right to remain in the UK and guarantees their access to public services. Our vulnerable persons team has provided support to nearly 1,400 people, with approximately 120 people still receiving support. The team has supported over 360 people to secure access to benefits; and, to go some way to addressing the hardship suffered, the Home Office launched the Windrush compensation scheme.

This scheme was designed in close consultation with members of the community and with Martin Forde QC. Collectively, they have developed a compensation scheme that is straightforward to use and addresses the bespoke and personal circumstances and needs of every applicant, with dedicated caseworkers assessing claims as quickly as possible. There is no cap on payments, dozens of which have already been made, and we encourage more applications.

Over 100 community events have taken place so far. This includes more than 30 compensation scheme events across the country, from Southampton to Glasgow, Cardiff to Coventry. However, there are still people out there in need of our help whom we have not yet reached. That is why, in February, I extended the length of the compensation scheme by a further two years so that claims can be submitted until April 2023. I set up the Windrush stakeholder advisory group, to rebuild links with communities to ensure that they are supported through compensation, but also to rebuild the trust that has been broken.

Today, I can confirm that we will launch an expanded cross-government Windrush working group to develop programmes to improve the lives of those affected. That may be through employment programmes, dedicated mental health support and specialist education and training schemes. To make sure people know about the task force, the Windrush compensation scheme will have a dedicated new communications campaign promoting the scheme. We will also open a £500,000 fund for grass-roots organisations to promote these schemes, including provisions for specialist advice services. I would like to extend my personal thanks to Martin Forde QC for his support with the creation of the scheme.

I also want to put on the record my thanks to my predecessors, my right honourable friends the Members for Bromsgrove and Maidenhead, and the former Member for Hastings and Rye, who worked hard to understand and undo the suffering when these issues first came to light, and to other members of this House, including the Members for Tottenham and Normanton, Pontefract and Castleford, who shone a necessary light on this injustice. I also want to thank the thousands of civil servants at the Home Office and across government who work tirelessly every single day, in challenging and demanding jobs, to keep the public and our country safe. Whether on the front line or working to develop policies for the future, their commitment to create a safer country for us all is commendable. Since these injustices were brought to light, civil servants have used every endeavour to right the wrongs, giving people their correct status and supporting them in their financial compensation claims. However, it would be wrong for the department to ignore Wendy Williams’s finding that the Home Office’s ‘institutional ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation’ contributed to this. This is not something that can be resolved with an apology or compensation. I will review the recommendations that Wendy Williams makes in relation to the way the Home Office operates as an organisation. I will continue to look closely at its leadership, culture, practices, and the way it views the communities it serves.

Over the coming months, myself and Matthew Rycroft, the new Permanent Secretary, will work together with our dedicated staff at all levels to review and reflect on the recommendations, including those relating to compliant environment policies and cultural change. Fundamentally I want to make the Home Office a better place to work. This will include a clarification of the department’s purpose, mission and values, putting at its heart fairness, dignity and respect. We will put people before process. The publication of this review is a small but vital step towards ensuring that the Home Office is trusted by all the people it serves. I would encourage anyone who thinks they have been affected by the Windrush scandal, or who requires support or assistance, to come forward. I will bring forward a detailed formal response in the next six months, as Wendy Williams recommended, representing a new chapter for the Home Office.

Let me assure this House that everyone at the Home Office will be asking the difficult questions needed to ensure that these circumstances can never arise again.

I commend this Statement to the House.”

--- Later in debate ---

[Baroness Ludford (LD)]

My Lords, the fact that this report has now been published is of course welcome, and I thank Wendy Williams; the timing is however less than optimal. I also thank the journalist Amelia Gentlemen, without whose brilliant and dogged investigative work the report would not have happened.

In the Government’s response, which is promised within six months, we on these Benches want the assurance of a thorough overhaul of the culture of disbelief and carelessness in the Home Office, so that its attitudes, assumptions and processes around immigration are, in the words of the report, “rooted in humanity”, which is not the case at the moment. The Home Secretary surely cannot have needed this review to become aware of what the report calls the

“ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation within the department, which are consistent with some elements of the definition of institutional racism.”

That sounds like a very carefully negotiated sentence.

Surprisingly, the Statement says that

“we were all shocked to discover”

the insensitive treatment of the Windrush generation. That is not credible. The whole point of the hostile environment was to be brutal and send a harsh, intolerant message. As the report says, the consequences were foreseeable and avoidable, and warning signs were not heeded by officials or Ministers. It was a profound institutional failure. The scandal and the blighting of lives are not just down to staff mistakes and poor decisions, because the tone was set from the top. However, if retraining is needed then we need to hear what is happening on that front.

The Home Secretary failed to give my colleague in the other place, Wendy Chamberlain, the guarantee she sought that for the sake of public health during the coronavirus crisis no data would be passed from the NHS to the Home Office for immigration purposes, otherwise migrants with uncertain status could be deterred from seeking care or treatment. I now ask for clarity on such a guarantee. Will the Government also commit to scrapping the right-to-rent law, which, as has been shown by the Joint Council for the Welfare of Immigrants, causes landlords to discriminate against people from the BAME communities and/or who do not have a British passport?

To avoid a budding new Windrush scandal, will the Government now commit to automatically guaranteeing the rights of EU citizens to stay? Something that the report highlighted was the lack of documentary evidence that the Windrush generation had. We have persistently and consistently asked that EU citizens should at least get documentary proof.

Lastly, my noble friend Lady Hamwee, who very much wishes she could have been here today, tells me that last week when she visited a school to talk to sixth-formers about Parliament and her work, they wanted to discuss immigration issues. She was critical of Home Office culture. A teacher who was sitting in out of interest could not contain herself: she told my noble friend and the students that, as a Canadian, it had taken her 10 years to get the right to be here and that the way she had been treated by the Home Office, especially at Lunar House, was the worst experience of her life.

I really hope that the Home Office will have a thorough transformation of its culture, so that it acts as a welcome to migrants who we wish to make part of our society, as well as exercising firm and fair immigration control.

[Baroness Williams of Trafford]

My Lords, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Ludford, for the points that they have made. Both of them questioned the timing. It is absolutely right to say that because of COVID-19 we are in very strange times. I think that the Home Secretary was absolutely right to publish the report within a day of receiving it; both Houses have been clamouring for this report to be published and she has done just that.

The noble Lord, Lord Rosser, asked about the recommendations being delivered in full. One thing that comes out of this thoughtful report are the words of Wendy Williams herself, who says:

“It is, in my view, extremely important that the department undertakes a period of profound reflection on the areas identified in this report … to identify what they think needs to change, and how.”


For the Home Secretary to take a view on that the following day in a knee-jerk way would be wrong. She is perfectly right to reflect on it and to respond in a considered way.

The noble Lord, Lord Rosser, talked about one in 20 claimants receiving compensation. One thing that my right honourable friend the Home Secretary said today is that not only will people receive full compensation but there will not be a cap on compensation. We are trying to process the claims as quickly as possible, and payments are being made. We are trying to reach out to people. I talked about the community events that have been taking place, and the communications campaign that my right honourable friend and I talked about today will be going on. We are making interim payments on some claims where we can resolve parts of the claim much more quickly than other parts to ensure that claimants receive their awards as quickly as possible. Some cases are more complex than others, and it is right that we take the time to ensure that they are settled properly. The noble Lord, Lord Rosser, asked about further victims receiving compensation. We will absolutely be reaching out to those people. We want everybody who deserves compensation to receive it.

The noble Lord also touched upon further deportations. Of course, deportations are referenced in this, and they go far wider than Windrush, but my right honourable friend the Home Secretary stated today that no Windrush people were deported on the recent flight about which there was debate in this House and the other place. On deportations generally, the Home Secretary would breach her obligations under the UK Borders Act 2007 were she not to deport people eligible for deportation.

The noble Lord, Lord Rosser, also asked about keeping the compensation scheme open for longer. As I said in my Statement, the Home Secretary said earlier that it will be open until April 2023, so that is another three years.

The noble Baroness, Lady Ludford, asked why we cannot make the EU settlement scheme declaratory. It is precisely because the Windrush people were almost under that declaratory system that they could not prove that they had the right to be here, and it was when people were having to prove their right of settled status that things began to unravel. Of course, digital status now means that that status is on the record for ever.

[The Archbishop of Canterbury]

My Lords, the publication of this Statement is very welcome indeed. The heartfelt nature of the apology was notable.

I have a couple of questions about the recommendations to put to the noble Baroness. First, one of the historic failures of the Church of England—in many ways as bad as the hostile environment—was the terrible reception that we gave the Windrush generation, the vast majority of whom were Anglicans, when they came here. They were often turned away from Church of England churches, or were given a very weak welcome or no welcome at all. As a result, they went off and formed their own churches, which have flourished much better than ours. We would be so much stronger had we behaved correctly. I have apologised for that, and I continue to do so and see the wickedness of our actions.

However, the recommendations, particularly recommendations 7 and 8, talk about reconciliation and understanding the nature of the groups being dealt with by the Home Office. Will it consider bringing in, talking with and using the services of the black-majority church leaders, often Pentecostal church leaders, who have been gracious, wise and strong in upholding their communities? They have much to teach us.

The same point is to be made on recommendation 6, which talks about the history and the need to understand colonial history. Many of these people will now be in their 80s and 90s; capturing the live voice of those with long experiences in this country and who have contributed so much is now time limited.

Recommendations 14 and 17, on the values statement and the ethical standards, come straight back to the need for culture change in the Home Office. I am only too aware of how hard that is in any institution. In the values statement and in the way in which the ethical standards are set out, will there be metrics and clear, tangible tests rather than mere expressions of good intent so that it can be reflected on?

Finally, I ask that the emphasis on a people-centred approach continue. As the noble Lord, Lord Rosser, said so clearly and well, there is a profound need to avoid repetition through having a people-centred system.

[Baroness Williams of Trafford]

I thank the most reverend Primate for those points. He has educated me this afternoon because I did not realise that the Church of England gave the Windrush generation such an awful reception. It feels a bit like a confessional at the moment, but it is reflected in the report that we all need to look to ourselves to see where we have gone wrong. The report is not a blame game but a narrative over almost 70 years of where everyone failed these people. The Home Secretary has not replied to the recommendations yet—one would not expect her to—but I will certainly take those points on the recommendations back. Reconciliation can bring out some wonderful things; in learning about people’s history, you understand people so much better. I will take those points back, and the Secretary of State will respond in full before the Summer Recess.

[Lord Bates (Con)]

My Lords, I thank my noble friend for bringing this review to the House so promptly and for the tone and content of the Statement. As a former Minister at the Home Office, between 2014 and 2016, I add my sense of regret at the failings that happened during that time and for the people affected in the report. Does my noble friend agree with me that one of the profound things about the report is that the story is told not through legalese and dry analysis, as is often the case, but through personal stories of individuals whose lives have been affected? It is a model and type that we should seek to follow. It reminds us that public policy is not just process; it is about people, first of all.

An important element in the Statement states:

“We must all look to ourselves. We must all do better at walking in other people’s shoes.”


That seems profoundly important as we go forward and address legislation in the future. In that regard—this is not something that I am looking for an answer to now—will my noble friend take this away? There is currently before another place the Immigration and Social Security Co-ordination (EU Withdrawal) Bill—a new government Bill. Probably one of the best ways of honouring the victims and survivors and addressing the heartfelt apology to the people affected by the failings of the past will be to try to find some way, as we take that Bill through, for the Home Office to reflect the humanity and the people first.

[Baroness Williams of Trafford]

I thank my noble friend. Like he does, I feel regret for the failings, which are so well reflected. Without pinning blame or naming and shaming, it is an incredible document. I confess that I have not read it all thoroughly, but what I have read is absolutely gripping. It is a narrative of people’s lives over 70 years—personal stories, as my noble friend says. When he talks about future legislation, particularly that immigration Bill, it reflects the points made by the most reverend Primate about checking who we are by the legislation that we bring forward. That is a really helpful point, which I will take back. This review by Wendy Williams will almost form a textbook for the future, for people to learn from. It is so moving, with so many stories. I thank my noble friend for that.

House adjourned at 5.17 pm.

Operation Midland

Baroness Williams of Trafford Excerpts

Wednesday 18th March 2020 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what assessment they have made of the report by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, published on 13 March, which concluded that the Metropolitan Police Service has made slow progress in learning the lessons that arose from Operation Midland.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the HMICFRS report commissioned by the Home Secretary is an important step in ensuring that lessons are being learned from the failures of Operation Midland. She recognises the critical importance of public confidence on this. Both HMICFRS and the IOPC recognise that the Metropolitan Police Service has responded positively since the publication of the Operation Kentia report in October 2019. The Home Secretary will continue to seek assurance from the Metropolitan Police Service that it is acting on the inspectorate’s findings.

[Lord Lexden (Con)]

My Lords, first, I pay tribute to the Home Secretary for ordering this very important review. But how can it have been that two Metropolitan Police Commissioners were asleep on their watch, largely unconcerned, it seems, by the misdeeds and malpractices of officers during Operation Midland and, presumably, content that lessons that ought to have been learned swiftly were ignored for so long? Can my noble friend give the House three or four specific examples of the lessons that have now been apparently and belatedly learned? Finally, I return to one aspect of these police scandals that concerns me particularly as a political historian. Will the Government now stop blocking an independent inquiry into Operation Conifer, which left an unwarranted slur on the historical reputation of Sir Edward Heath? I put it to the Government that they have not given the House reasons for vetoing the inquiry but the opinions of a number of recent Home Secretaries, none of whom is a lawyer.

[Baroness Williams of Trafford]

My Lords, there is quite a lot in my noble friend’s follow-up question. I join him in paying tribute to my right honourable friend the Home Secretary, who took very swift action in dealing with this. It is regrettable that there was no plan in place to deliver sustained improvements after Sir Richard’s review. Both HMICFRS and the IOPC have now found that the MPS has delivered significant improvements but, with respect to keeping track of those improvements, the Home Secretary will continue to seek assurances from the MPS that those improvements are being embedded across the force. On whether we will launch an inquiry into Operation Conifer, Operation Conifer and Operation Midland were quite different investigations. Operation Conifer has been subject to significant scrutiny. As Wiltshire Police has made clear, Operation Conifer did not pursue further inquiries into Carl Beech’s allegations after deciding that there was undermining evidence.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I see the point made by the noble Lord, Lord Lexden, about Operation Conifer. In respect of all the allegations of historical sexual abuse, can the Minister tell the House how many convictions there have been to date?

[Baroness Williams of Trafford]

I am glad that the noble Lord raises this because we need to see this in the broader context of historical abuse against children, of which there have been 11,346 non-recent allegations; that is a significant number. In total, 4,024 convictions have resulted from this. It has most definitely been something worth pursuing.

[Lord Robathan (Con)]

My Lords, following the shocking episode of the police being misguided—shall we say?—in their actions, does Her Majesty’s Government have any position on those who used hysteria in the media or online, or indeed used parliamentary privilege, to destroy the reputations of decent public servants alive and dead who are unable to defend themselves?

[Baroness Williams of Trafford]

My Lords, I think it is important to say, as we have said before, that false accusations devastate the lives of those against whom they are meted out, but let us also look at some of the remedies. Carl Beech was sentenced to 18 years in prison. That does not take away from the devastation that has been caused by false allegations, but I go back to the point that there have been thousands upon thousands of non-recent allegations of child sexual abuse, many thousands of the perpetrators of which have now been convicted.

[Lord Addington (LD)]

My Lords, would it not be a good idea for us to take on some better practice here? I pray in aid my noble friend Lord Paddick’s Private Member’s Bill, which suggests we ensure that somebody’s name is released not when the arrest is made but when a charge is made. Making sure that this happens will get rid of some of the bad practice that gets in the way of the rightful convictions of people who have done the wrong thing.

[Baroness Williams of Trafford]

My Lords, there is generally a presumption of anonymity but there may be policing reasons why, in the course of an investigation, police may release names. Quite often, it is the media that releases those names. There has been updated guidance for the media and the police on this.

[Lord Lea of Crondall (Non-Afl)]

My Lords, does the Minister believe that there is enough information in the public sphere about how such inquiries are supposed to be carried out? I took a particular interest in the Edward Heath case when I got a note through my letterbox in Crondall asking me to ring a Wiltshire police station. I did and was asked whether I had known Sir Edward Heath through the TUC and whether I had stayed at Chequers and so on. I was struck by how amateurish it all was. It is all very well our thinking about transparency in retrospect, but is enough known in the public arena about how such inquiries are supposed to be carried out?

[Baroness Williams of Trafford]

My Lords, I think that that is what IICSA has spent the last four years trying to establish.

Anti-terrorism Policy

Baroness Williams of Trafford Excerpts

Tuesday 17th March 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government do not currently plan to conduct an inquiry into the accuracy of the website. UK legislation values free speech and enables people who wish to engage in debate to do so, regardless of whether others agree with the views being expressed. However, freedom of speech cannot be used as a reason to break the law or to spread intolerance and hate.

[Lord Pearson of Rannoch (Non-Afl)]

My Lords, I thank the Minister for that reply, but I fear it shows that the Government still have their head in the sand about the realities of Islamism. Does the Minister accept that we can say what we like about any other religion but our freedom of speech is curtailed when we try just to talk about Islam and are promptly accused of Islamophobia? Secondly, do the Government think that they are really doing enough to encourage and support our brave Muslims who do not agree with the Islam revealed by the Religion of Peace website, and who want to follow a reformed version, at peace with the rest of us? Would not the proposed inquiry contribute much to their cause?

[Baroness Williams of Trafford]

My Lords, as I said, we do not intend to institute an inquiry into this website. If he so wishes, the noble Lord can refer the website to the counterterrorism referral unit that looks at websites that might contravene counterterrorism legislation, to have it taken down. But freedom of speech is not an excuse to break the law or to stir up hatred. It is right that hate speech is not acceptable in this country.

[Baroness Warsi (Con)]

My Lords, it is interesting to hear once again the House talk about Islam; we seem to do nothing but talk about Islam, especially the noble Lord. Does the Minister accept that, at a time when households up and down the country, and indeed around the world, are concerned about their lives and livelihoods, it is unusual for this House to be discussing a website whose main role appears to be division and hate, when what we should be doing in this House is showing leadership by demonstrating community and tolerance? Are the Minister and the Home Office concerned that a number of people who write for this website have been excluded from entering the United Kingdom because they are considered as not being conducive to the public good?

[Baroness Williams of Trafford]

To answer my noble friend’s last question first, I had a brief look at the website, and it does not look like the sort of website that I would want to derive any information from. She is absolutely right in what she said about showing leadership at this time. One thing I saw on the news the other day was Muslims in, I think, Leeds, making up bags of food for older people who could not get out of their homes. On her point about those concerned with their livelihoods, we know in times of difficulty where our friends are.

[Lord Rosser (Lab)]

In September last year, the head of counterterrorism said that far-right extremism was the fastest growing terror threat in the UK. Do the Government agree that that is the case? What action are the Government taking to address this situation, including reviewing Prevent, part of their terrorism prevention programme?

[Baroness Williams of Trafford]

I most wholeheartedly agree with the noble Lord’s first point: far-right extremism is indeed on the increase at a rate that we did not think possible some years ago. In fact, it makes up 50% of referrals to Prevent. Prevent is currently being reviewed, but I think it provides a valuable tool for safeguarding very vulnerable people from the far right and any other type of extremism.

[Lord Hain (Lab)]

My Lords, does the Minister agree that we have seen an unprecedented convergence of anti-Semitic attacks, Islamophobic attacks and racist attacks? Never before in our history have we seen these three forms of race hatred all converge; that is what makes it particularly threatening. Does she also agree that the many UKIP and Brexit Party members who have been accused of Islamophobia should stand condemned?

[Baroness Williams of Trafford]

Without calling out any particular party, anybody who engages in anti-Semitism, Islamophobia or any other type of hatred should be condemned. It is up to all political parties to show leadership to this end. The noble Lord is absolutely right that there is an almost perfect storm of far-right and Islamist-type extremism, whose messages are similar but opposite in tone. It provides a perfect melting pot, as he says.

[Lord Pearson of Rannoch]

My Lords, if no other noble Lord wishes to enjoy this Question, I wonder if I might ask another. Does the Minister agree with the most reverend Primate the Archbishop of Canterbury, who said recently that we will never defeat Islamism if we do not understand Islam?

[Baroness Williams of Trafford]

There is something in that question, around theological learning and teaching in this country, which can be derived from several parts of the world, each having their own interpretation of Islam. I totally agree with the point that we need more experts in the field of Islam, particularly in prisons and other places where ignorance can proliferate the wrong teaching.

Metropolitan Police: Live Facial Recognition

Baroness Williams of Trafford Excerpts

Monday 16th March 2020 Lords Chamber

[Lord Foster of Bath (LD)]

On behalf of my noble friend Lord Strasburger, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Home Office has regular discussions with the Metropolitan Police Service about a wide range of issues, including facial recognition. It has published detailed information about its approach to the deployments, including on the composition of watchlists.

[Lord Foster of Bath]

My Lords, I thank the Minister for that reply. As this dangerously invasive technology develops, taking us ever closer to a surveillance society, the Government continue to claim that it is for use in the catching of only serious criminals, not people with overdue parking fines. However, the Metropolitan Police’s operating procedures make no mention whatever of limiting its use to serious criminals. How does the Minister explain this discrepancy? When will the Government end their wilful blindness and halt the uncontrolled use of facial recognition until Parliament has had an opportunity to legislate to manage it?

[Baroness Williams of Trafford]

My Lords, there were several points in that question. First, the High Court has said that the police are operating within the legal framework. Secondly, this technology would not be used in relation to overdue parking tickets. To quote the Metropolitan Police, its use of this technology targets

“those wanted for imprisonable offences, with a focus on serious crime, with a particular regard to knife and gun crime, child sexual exploitation and terrorism”.

[Lord Brownlow of Shurlock Row (Con)]

My Lords, does my noble friend the Minister agree that there is a lot of misinformation on this subject in the public domain? Can she confirm to the House that there is no intention to record images of members of the ordinary public?

[Baroness Williams of Trafford]

I can absolutely confirm that LFR is deployed against a watchlist, which is not made up of every member of the public but of those people I have just listed, for the safety of the public.

[Lord Anderson of Ipswich (CB)]

My Lords, in her annual report of 25 February, the Forensic Science Regulator described the biometric oversight board, relied on in the High Court judgment that the Minister mentioned, as having made

“no substantive progress towards establishing an effective governance and oversight framework for police use of facial recognition or other biometrics.”

The role of the Surveillance Camera Commissioner is coming to an end in June, with no future plans announced. There is, to coin a phrase, a question of trust. Does the Minister agree that overt surveillance and biometric uses such as live facial recognition need to be properly regulated by statute, or at least until then by a revised code, and that the office of the Investigatory Powers Commissioner would be the appropriate body to take this on?

[Baroness Williams of Trafford]

As the noble Lord will know, we engage with both the ICO and the Surveillance Camera Commissioner. I totally get his point about the term of office being up in June and I know that we will have further discussions about how best to deploy the governance of this very exciting but potentially risky technology.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I would be delighted to stand for that job if there is an opening. Peers have heard that the Met is not only looking for serious criminals with this technology but also mixing up vulnerable people who are being looked for. Can the Minister convince me that that is not true?

[Baroness Williams of Trafford]

Missing people deemed vulnerable—a risk either to themselves or to other people—may well be the subject of LFR deployment for their own safety.

[Lord Rosser (Lab)]

My Lords, I certainly endorse the point made by the noble Lord, Lord Anderson of Ipswich, and I hope the Government will take it on board. How accurate is this facial recognition technology? I have been told that a deployment of the technology at Oxford Circus on 27 February scanned 8,600 faces to see whether any matched a watchlist of more than 7,000 individuals and that, during the session, police wrongly stopped five people and correctly stopped one. If that information is anywhere near accurate, it would suggest that the technology is not overly reliable. For how long were those apparently wrongly stopped at Oxford Circus detained, and for how long is the record of those wrongly stopped, including where they were stopped, retained?

[Baroness Williams of Trafford]

My Lords, I understand that the incident at Oxford Circus was on 20 February. I understand also—I will be corrected if I am wrong—that the machinery was not working on that date .

[Lord Clement-Jones (LD)]

My Lords, the Home Office and the Met seem absolutely determined to ignore all the advice they have been getting from the Information Commissioner, RUSI and many others. To cap it all, the database of Clearview, a US tech company with highly controversial data-collecting methods, is now being used by the Met and several other UK police forces in their facial recognition deployment. For what purposes are the Clearview database being used? Has legal advice been sought, given that 3 billion images are involved in this sensitive biometric processing without any data subject’s knowledge or consent, and does all this not add up, once again, to make the case for a moratorium and a review of the regulation of this technology?

[Baroness Williams of Trafford]

My Lords, I understand that the Met has stated that the images on the watchlist are drawn from its own database of images taken on arrest, or other images of suspects.

[Lord Lexden (Con)]

Why is the Metropolitan Police so slow to improve its performance in this and some other respects?

[Baroness Williams of Trafford]

That sounds like a warm-up to our Question on Wednesday.

Child Refugees: Turkey and Greece

Baroness Williams of Trafford Excerpts

Wednesday 11th March 2020 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government what plans they have to offer places to child refugees currently (1) on the border between Turkey and Greece, or (2) on Greek islands.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government currently transfer eligible children located in Greece under the Dublin regulation, and will continue to do so during the transition period. The UK will also continue to transfer unaccompanied children in Greece through Section 67 of the Immigration Act 2016 until we fulfil this important obligation.

[Lord Dubs (Lab)]

My Lords, I am grateful to the Minister, who will be as aware as anybody of the terrible conditions affecting refugees, especially child refugees, on the Greek islands. She will also be aware of the request made not long ago by the Greek Government that other countries should help in resettling some of the child refugees who have reached the Greek islands. Can the Minister confirm that the global resettlement scheme, which was referred to yesterday by Ministers in both Houses, will apply to children who are currently in Greece and on the Greek islands, and not just to those elsewhere in the region?

[Baroness Williams of Trafford]

I understand what the noble Lord is saying, in the sense that those children are now in a European country as opposed to coming from whatever region in the world they come from. We will absolutely stand by our commitment to helping children from around the world who need our help. We are in dialogue with Greece and we will work closely with UNHCR, which both identifies and refers children who may need our resettlement.

[Baroness Hamwee (LD)]

My Lords, it is likely that some of the children in this situation have relatives in the UK and therefore have a right to be reunited with their family in this country. What proactive—I stress that word—steps are the Government taking to help them exercise their right? Secondly, when do the Government expect to publish the Statement on family reunification, as required by legislation?

[Baroness Williams of Trafford]

In terms of proactivity, clearly, we engage with our European counterparts. We are still engaged in the Dublin process, which goes both ways; in fact, we take more children than we transfer back. On the Statement, we will lay an Act Paper by 22 March on our policy regarding future arrangements between the UK and the EU for family reunion of unaccompanied asylum-seeking children.

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, the Minister will be aware that the Greek Government have suspended the processing of asylum applications for a month under emergency legislation, as permitted by the EU. Are the Government having any conversations with the Greek Government to see whether they can assist them in not prolonging this situation and in fulfilling their international obligations—because they are international obligations, irrespective of the get-out clause given by the EU? Also, are they doing anything to facilitate taking the children, as other noble Lords have suggested?

[Baroness Williams of Trafford]

We stand ready to take any children the UNHCR in Greece identifies and for whom it requests transferral to the UK. The fact that the Greeks are currently suspending those transfers because of the coronavirus is of course a matter for the Greek authorities, but we stand ready to receive those children who are identified and referred to us.

[Lord Kerr of Kinlochard (CB)]

My Lords, in a previous question the noble Baroness, Lady Hamwee, stressed the need to be proactive. A number of other European countries have volunteered to take batches of unaccompanied children newly trapped in Greece. Have we done so, and if not, why not?

[Baroness Williams of Trafford]

In terms of our obligations, under the national resettlement schemes we have taken more than 42,000 children since 2010—more than any other state in the EU. That is a record of which I am very proud.

[Baroness Sheehan (LD)]

My Lords, are the Government aware that the charity Safe Passage has identified more than 1,400 places for child refugees being offered by local authorities that are willing and able to take children from the Greek islands and other emergency zones? Does the Minister agree that it would be an outrage if those places were to go unfilled? Will she ask the Government to start the transfer of children from Greece as a matter of urgency?

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I am just not going to accept the statement that there are places available in local authorities but they are refusing to take children. We constantly engage with local authorities and currently, they are housing some 5,000 unaccompanied children. If they will take any more, we will be most grateful.

[Viscount Waverley (CB)]

My Lords, will the Government pass on a firm message to the Greek authorities that they should adopt acceptable humanitarian standards and refrain from the use of live ammunition and gas at the border?

[Baroness Williams of Trafford]

I agree with the noble Viscount that some of the footage we have seen is really quite disturbing. On the other hand, Greece is a democracy and we respect its rule of law. However, I totally take the point he is making.

[Lord Roberts of Llandudno (LD)]

My Lords, given the tragedy of Idlib, what action are we taking to bring about some sort of resolution to the terrible situation that we have known in Syria for so many years? Are we taking an active lead there?

[Baroness Williams of Trafford]

I am proud, the generous country that we are, that we are providing £89 million in humanitarian aid to address the situation in Idlib and to help those people in the truly dreadful situation they find themselves in.

[Lord Alton of Liverpool (CB)]

My Lords, as we sit here, there are some 70 million displaced people or refugees worldwide. Could Her Majesty’s Government do more to try to convene a conference of the great powers to discuss what can be done to respond to the massive numbers of people who are migrating purely because of conflict or war?

[Baroness Williams of Trafford]

My Lords, I have outlined just how generous this country is and has been over our history. We are a small island and we are doing what we can. As I have said, under the national resettlement schemes we have taken in more people than any other state in the EU, and we continue to extend that generosity. As the Prime Minister has outlined, in the coming year he will make available 5,000 more places for resettlement.

Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

Baroness Williams of Trafford Excerpts

Wednesday 11th March 2020 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Regulations and Order laid before the House on 15 and 30 January be approved.

Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 9 March.

Motions agreed.