Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I join noble Lords in thanking the noble Lord, Lord Ricketts, for securing this debate. I also thank those who contributed to the former European Union Committee’s thoughtful and insightful report Beyond Brexit: Policing, Law Enforcement and Security, which was published in March 2021. I echo his words on Ukraine. It is important that we work with our EU partners, particularly at the moment, and that we are a united force in efforts to support Ukraine and to support the refugees fleeing from Ukraine. I updated the House yesterday on the number of visas issued, which as of yesterday morning was 1,305. That figure is going up rapidly, which is a good thing.
The Government responded to the report at the time, but it is welcome that time has been found to discuss these important matters more fully. The report was informed by the work conducted by the Security and Justice Sub-Committee, which the noble Lord, Lord Ricketts, previously chaired. I pay tribute to the breadth of expertise on that committee, which has been replicated in its successor, the Justice and Home Affairs Committee.
The Security and Justice Sub-Committee’s work was instrumental in supporting parliamentary scrutiny as we sought to consider, and ultimately negotiate, our new relationship with the EU on law enforcement and criminal justice matters. To echo the words of the noble Lord, Lord Ricketts, and others, I am very pleased to be able to speak to this as it informs a lot of the aspects of my work and it has not been much debated in Parliament. Before we start, I also want to echo the points made by the noble Lord, Lord Evans of Weardale, on national security and intelligence sharing. The decisions about that are outwith the TCA and the EU, and that is a very good thing.
I will start with law enforcement and criminal justice in the TCA before responding to some of the points made during this debate. On the deal we secured, the Government were very clear in wanting to deliver a security deal with the EU that gave our law enforcement the tools and the co-operation it needs to keep the public safe. That is what we delivered. The UK-EU TCA was signed in December 2020 and was implemented in domestic law via the European Union (Future Relationship) Act. Part 3 of the TCA established our new law enforcement arrangements, and they are the terms we have been operating under since 1 January 2021. I think noble Lords will bear in mind that this period coincided with a global pandemic, so in some ways time will tell better how this is operating because we have been in such an unprecedented environment.
The agreement was unprecedented for the EU in terms of co-operation with a third country, and through it we were able to secure a high level of co-operation on key capabilities, including: streamlined extradition arrangements, arrangements with Europol and Eurojust that reflect the scale of our contribution to these agencies; arrangements enabling the continued, fast and effective exchange of national DNA and fingerprint data and future exchange of vehicle registration data via the Prüm system; arrangements enabling the fast and effective exchange of criminal records data; and arrangements providing for continued transfer of passenger name record data from EU airlines. We were pleased to see that the report broadly welcomed these arrangements and the co-operation that they facilitate.
The operation of the new arrangements has been discussed positively and negatively in the debate. I am pleased to note that during the first meeting of the Specialised Committee on Law Enforcement and Judicial Cooperation, the UK and EU agreed that overall implementation of the law enforcement and criminal justice part of the TCA has gone well and that the agreement is operating effectively. For example, the exchange of DNA and fingerprint data continues. Since connecting to the Prüm biometric data-sharing system in July 2019, the UK has received more than 13,000 DNA and fingerprint matches from EU member states. EU member states have collectively received more than 45,000 matches from UK data over the same period. This allows UK and EU law enforcement to progress serious cases where crime scene evidence would otherwise be unidentified, such as in rape and murder cases.
Significant volumes of criminal record data continue to be exchanged between the UK and EU member states, enabling us to better protect the public. Between April and June 2021, we received around 3,500 conviction notifications from EU member states relating to UK nationals. This compares with around 2,500 notifications for the same period in 2020. UK law enforcement and criminal justice partners also continue to co-operate via EU agencies Europol and Eurojust, including on issues such as small boats. The transfer to the UK of PNR data for flights between the EU and the UK continues. Processing of PNR data during 2021 enabled the disruption of several hundred attempts by organised immigration crime groups to facilitate the illegal entry of individuals to the UK on scheduled flights.
Since the committee’s report was published, a number of the outstanding issues the committee noted have been resolved. The Partnership Council, the mechanism for supervising and overseeing operation of the TCA, has been established and met for the first time in June 2021. The Specialised Committee on Law Enforcement and Judicial Cooperation has also been set up and met for the first time in October 2021. The agenda and minutes were made available to Parliament and published on GOV.UK.
As foreseen in the TCA, we have signed working arrangements with Europol and Eurojust. These came into effect last year and set out the practical and operational detail of co-operation under the TCA, putting operational co-operation with these institutions on a firm footing for the future. We have also made important progress concerning the evaluation of our DNA and fingerprint capabilities under the Prüm system, as required by the TCA.
While the terms of our co-operation with EU member states may have evolved, shared threats remain ever present. Clearly, Russia’s invasion of Ukraine, a flagrant breach of international law and norms, is a stark reminder of that. I hope I have made it very clear to noble Lords that the UK is firmly committed to co-operating with our EU partners on matters of shared security. The TCA puts us in a very strong position from which to move forward.
I turn now to some of the specifics raised by a number of noble Lords, in no particular order. I think the most commonly asked question was about our disconnection from SIS II. The EU took the position throughout negotiations on the TCA that it was legally impossible for a third country outside the Schengen area to participate in SIS II. That means we have returned to co-operating with EU member states via Interpol, as we did before 2015, and bilateral channels, as we have done throughout with other international partners outside the EU.
Having now returned to Interpol channels, we are routinely exchanging information with EU member states on persons of interest, including missing and wanted individuals, and on lost and stolen documents. We are also investing in longer-term technical capabilities to support law enforcement and data sharing. This will further enhance the UK’s connectivity to Interpol by providing UK law enforcement with access to Interpol alerts on people in real time.
The noble Lords, Lord Anderson, Lord Ricketts and Lord Paddick, and maybe others, asked about Interpol and double-keying. We are committed to working with the wider international community to ensure that Interpol continues to be an effective tool for law enforcement co-operation. For example, the Government secured commitments at the meeting of G7 Interior Ministers in 2021 to enhance the effectiveness and operational value of Interpol’s tools and capabilities.
On the differences between data being available via Interpol versus what was previously possible with SIS II —I think this goes some way to answering the question from the noble Lord, Lord Ponsonby—there is an automated upload of incoming Interpol circulations to domestic systems. Information is available via policing systems within the hour of receipt. If the NCA is notified that a case is urgent, specific alerts can be uploaded to domestic systems more rapidly. As noble Lords touched on, we are also investing in longer-term technical capabilities to support law enforcement data sharing. This will further enhance the UK’s connectivity to Interpol by providing UK law enforcement with access to Interpol alerts on people in real time.
On progress on I-LEAP, the first priority of the programme is to further enhance connectivity to Interpol. We recently launched two pilots that are testing I-LEAP’s real-time connection to Interpol alerts on subjects of interest in a live environment. Its gradual rollout to UK policing will commence later this year, following the conclusion of the two pilots.
Several noble Lords referred to the new extradition arrangements we have put in place. The agreement with the EU provides for streamlined extradition arrangements based on the exchange of warrants between judicial authorities, similar to the EU’s arrangements with Norway and Iceland. They will enshrine key domestic extradition safeguards that were previously not contained in the EAW, or European arrest warrant, framework decision. This includes making it clear that a person cannot be surrendered if their fundamental rights are at risk, if extradition would be disproportionate or if they are likely to face long periods of pretrial detention. We estimate that these new arrangements are functioning well. Since January 2021, arrests on extradition requests between the UK and the EU and vice versa have continued, and cases are proceeding through the courts.
On extradition disruption, there are some very specific issues concerning a handful of member states’ operation of the new extradition arrangements. These issues have largely been resolved. Where this remains live with one member state, we continue to engage to resolve this as swiftly as possible.
The noble Lord, Lord Anderson, asked about bars on extradition of own nationals. They are a common feature of arrangements outside the EAW, which neither the UK nor the EU sought to retain during the Brexit negotiations. That is why the TCA enables countries with a relevant fundamental principle or practice of their domestic law to refuse to extradite their nationals to face trial or serve a sentence.
Through the TCA we have ensured that alternative paths to justice are available for those who want to face trial. The agreement provides for a mechanism whereby a person could be extradited to the UK, face trial then return to their home country to serve their sentence.
The noble Lord, Lord Hannay, asked about statistics on this. The NCA, the National Crime Agency, is responsible for the collation and publication of data relating to extradition requests to and from the UK and EU member states, and it publishes the data on an annual basis. The last set of data was published in May 2021, and I understand that the next set is due to be published in spring 2022.
Noble Lords asked about the extension to the Prüm evaluation period and whether the EU could suspend Prüm co-operation. The EU and the UK mutually agreed to trigger the provisions in the TCA, which had foreseen that an extension might be necessary. Prüm DNA and fingerprint exchanges are continuing as normal. Following the visit of the EU evaluation team to the UK on 23 to 25 November last year, I remain confident that the UK will satisfy the requirements of the EU evaluation in this area and retain access to DNA and fingerprint exchange capabilities.
The noble Lord, Lord Ricketts, asked why the UK does not exchange vehicle registration data with EU member states under Prüm. We are working with the DVLA and UK policing partners to prepare our systems for connection. The UK will be required to undergo a pre-connection evaluation, including test exchanges and a pilot run, when the time comes.
The implementation period for PNR data transfers has been extended. We agreed an implementation period while the UK scopes, designs and implements a capability that meets the new and unique requirement in the TCA for deletion of EU PNR data that does not need to be retained.
The noble Lord, Lord Ricketts, and other noble Lords also asked about Europol and Eurojust. The agreement provides for a relationship with Europol and Eurojust that reflects the scale of our contribution to the work of the agencies and facilitates continued close and effective co-operation. For example, it preserves the UK’s access to Europol’s core capabilities, including the presence of a UK liaison bureau in agency headquarters and access to the agency’s valuable multilateral co-ordination and analytical functions. It also demonstrates the UK and EU’s intent to ensure that data exchanges happen as quickly as possible.
On our relationship with Europol, which both the noble Lord, Lord Ricketts, and my noble friend Lord Davies of Gower asked about, the UK co-operates closely with Europol via the terms of the TCA as well as the UK-Europol working and administrative arrangement, in a way which protects and enhances respective capabilities.
I am running out of time, but I want to say something about Russia and the relationship with Interpol. We will continue to work with Interpol to uphold the organisation’s integrity and to ensure that members are not able to misuse its systems for illegitimate purposes. We are confident that, with strong, continuous support from the UK and our international partners, Europol’s robust checks and mechanisms will be sufficient to prevent misuse of its systems by any member.
The noble Lords, Lord Anderson and Lord Ricketts, asked about data adequacy. Our data protection standards were rightly recognised in our adequacy decisions secured in June of last year. We remain committed to high data protection standards, and this commitment is reflected in the data protection safeguards incorporated into the TCA. Adequacy decisions complement the TCA, which delivers a comprehensive package of capabilities that ensure that we can continue to work with counterparts across Europe to tackle serious crime and terrorism, protecting the public and bringing criminals to justice.
On Part 3 of the TCA—law enforcement and criminal justice provisions—we agree that good data protection underpins international law enforcement co-operation, which is why the UK is firmly committed to maintaining high data protection standards now and in the future. Co-operation under Part 3 is not dependent on adequacy, and there is no legal link between the two. This would have been unprecedented for an agreement of this nature. The noble Lords, Lord Hannay and Lord Ricketts, asked a pertinent question on DCMS data reform. The EU rightly recognised our standards during the adequacy assessment process, but, as the European Data Protection Board and the European Commission have reiterated, a third country does not need identical legislation to be considered equivalent.
I turn finally—as I am out of time—to the Lugano Convention. The noble Baronesses, Lady Goudie and Lady Hamwee, and the noble Lord, Lord Ponsonby, asked about this. The UK’s application to accede to the convention is sensible and pragmatic, and forms a good basis for continued civil judicial co-operation. It is clearly in the mutual interests of the UK and EU/EFTA citizens, families and businesses. It is an international agreement specifically open to third parties with no requirement for single market membership, and the UK meets all the criteria for accession. Switzerland, Norway and Iceland have consented to the UK joining but, on 23 June last year, the European Commission issued a formal diplomatic note to the Swiss depositary, stating that the European Commission was
“not in a position to give its consent”
to UK accession. This means that the depositary cannot at present invite the UK to join. Several member states see value in our accession to the Lugano Convention and express warm support while others are still undecided or, we might say, lukewarm. We will continue to engage with EU member states about our Lugano application but, given the EU’s stated position, it does not seem likely that they will consider our application at this time.
In concluding, I thank noble Lords, particularly the noble Lord, Lord Ricketts, not only for their contribution during the debate but for the insight, dedication and hard work that has gone into producing the Beyond Brexit report.
Lord Anderson of Ipswich (CB)
Before the Minister sits down, she made a most intriguing reference when discussing extradition to a small handful of states where specific problems had presented themselves, and to one state, if I heard right, where those problems continue. Is she able to be any more specific?
Baroness Williams of Trafford (Con)
I wondered if the noble Lord might intervene on that. Yes: it is Cyprus.
Home Office Visas for Ukrainians
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given by my right honourable friend the Home Secretary to an Urgent Question in another place on refugees from Ukraine. The Statement is as follows:
“Mr Speaker, I am grateful for this opportunity to update the House on the Government’s humanitarian response to Putin’s depraved war on Ukraine. As the House knows, the UK’s humanitarian support for Ukraine has been developed following close consultation with its Government. On 4 March, I launched the Ukraine family scheme. It applies to immediate and extended Ukrainian family members, and everyone eligible is granted three years’ leave to enter or remain. Today, I want to set out further changes that I am making to make the process quicker and simpler.
I have two overarching obligations: to meet my first responsibility of keeping the British people safe and to meet their overwhelming demand that we do all we can to help Ukrainians. No Home Secretary can take these decisions lightly, and I am in daily contact with the intelligence and security services, which provide me with regular threat assessments. What happened in Salisbury showed what Putin is willing to do on our soil. It also demonstrated that a small number of people with evil intentions can wreak havoc on our streets.
This morning, I received assurances that enable me to announce changes to the Ukraine family scheme. Based on the new advice I have received, I am now in a position to announce that vital security checks will continue on all cases. However, I can announce that from Tuesday Ukrainians with passports will no longer need to go to a visa application centre to give their biometrics before they come to the UK. Instead, once their application has been considered and the appropriate checks completed, they will receive direct notification that they are eligible for the scheme and can come to the UK.
In short, Ukrainians with passports will be able to get permission to come to the UK fully online from wherever they are and will be able to give their biometrics once in the UK. That will mean that visa application centres across Europe can focus their efforts on helping Ukrainians without passports. We have increased the capacity at those centres to 13,000 appointments a week. That streamlined approach will be operational as of Tuesday, 15 March, in order to make the relevant IT changes.
I will, of course, update the House if the security picture changes and if it becomes necessary or feasible to make further changes to protect our domestic homeland security. Threat assessments are always changing and we will always keep our approach under review. In the meantime, I once again salute the heroism of the Ukrainian people.”
Lord Coaker (Lab)
My Lords, I thank the Minister for that, but the Home Office’s response so far to Ukrainians fleeing Russian bombardment has been shambolic. The Home Secretary seems to be making it up as she goes along. Desperate people—families with young children—have travelled hundreds of miles because the Home Office cannot get a grip on where its own visa centre is. Why are the changes announced today not being made for another five days? What do people do today, tomorrow or the next day? There are Army troops on standby to help: why have they not been brought in to staff emergency centres?
The Minister mentioned people with passports: what happens to those without passports or who fled bombs without grabbing their documents because they were being bombed? What about, for example, the Ukrainian nurse working in our hospitals? Can the Minister guarantee that her family would be welcome here? There are so many gaps and so many holes in it, notwithstanding the announcements that have been made today to deal with the human suffering that we see in Ukraine. The Government have to get a grip and get a grip now.
Baroness Williams of Trafford (Con)
My Lords, as to why the changes will not come in until Tuesday, it will be necessary to get the IT systems up and running, and it will take until Tuesday to get that done. What that will do, however, is free up the system generally for those without passports to be helped at VACs, and the whole system will be speeded up that much more quickly. It might assist the noble Lord—and I have given updated figures every day that I have taken Questions this week—to know that, as I understand it, as of this morning, we have now granted 1,305 visas.
Lord Paddick (LD)
My Lords, those seeking sanctuary in the UK crossing the channel in small boats, many of whom do not have passports, undergo biometrics and security checks in the UK. Why can Ukrainians, without family in the UK or passports, and nationals of other countries fleeing Putin’s war, not do the same? In particular, women, children and the elderly are unlikely to present security threats to the UK, so what is stopping the Government lifting visa requirements, as EU states have done?
Baroness Williams of Trafford (Con)
As I said to the noble Lord, Lord Coaker, yesterday, one thing that we will not do is dispense with security checks. But there will be a lot more capacity at VACs for those without passports, because those with passports can now come here and have their biometrics taken here.
Baroness Finlay of Llandaff (CB)
Will the Minister please clarify whether the new opening-up of the scheme for those with visas applies to those who do not have family here, but are coming under a sponsorship scheme? Will she say how sponsors are being collated; whether it is correct that it is the Department for Levelling Up that is responsible for all of this, and how it is working with the Home Office; and whether the Government have recruited recently retired Border Force staff, who are expert at spotting problems, to come in and help man, so that we can bring in the thousands of people who otherwise risk dying of cold, apart from anything else?
Baroness Williams of Trafford (Con)
As I said to the House yesterday, the humanitarian sponsorship pathway is going to be a DLUHC operation. Obviously, I will be working in close contact with DLUHC. In fact, I was speaking to Richard Harrington this morning, and we will be working closely together to ensure that this sponsorship pathway operates smoothly. On whether the biometrics will be dispensed with for those on that scheme, I cannot answer the noble Baroness, because I am not sure that that has even been decided yet, but I will certainly update her on that.
Lord Porter of Spalding (Con)
My Lords, the changes are welcome, but they are far too late. We were arguing the case for people to be able to come in without visas last week. As the Minister has already mentioned Salisbury, I am not sure, but I seem to think that I saw pictures of the people who were allegedly guilty of those offences, and they did have passports and visas. The visas were, therefore, not the security system that we would have hoped they would be, so I do not see why we are still faffing about around the edges. It is too serious to have every move that we are making being dragged out too slowly. We need to get our finger out and get on with it.
Baroness Williams of Trafford (Con)
I understand my noble friend’s points, but we will continue to carry out security checks on anyone who comes in. The point is that Ukrainians with passports will be able to come straight here and have their biometrics taken. That will free up the system much more quickly.
The Lord Bishop of St Albans
My Lords, perhaps the Minister could help us a little. Ukrainians are arriving, some of them with leave to remain, but they have no recourse to public funds. For example, yesterday my chaplain at the airport in Luton was phoning me saying, “We have 12 people. They have been put up for a week in a hotel by Border Force, but that is going to come to an end on Monday.” We are currently trying to raise money and funds, and to identify places for these 12 people. This is a really serious problem facing us immediately. We want to help, but there is a very real danger that, if we cannot get the legalities sorted out, there are going to be people—particularly single people—sleeping rough by next Monday. Will clear guidance be given to local authorities, and can we try to find a way through some of these problems, which need to be addressed now?
Baroness Williams of Trafford (Con)
I am assuming that the right reverend Prelate is not referring to people coming in under the family scheme, because clearly they would have recourse to public funds. I am assuming that he is talking about Ukrainians seeking asylum here. Ukrainians coming here under the family scheme, by its very nature, will have family members here. I will take this offline and discuss it with the right reverend Prelate, because certain things in what he is saying do not seem to fit the scheme that we are talking about.
Lord Adonis (Lab)
My Lords, do we have any evidence as to how many Ukrainians actually have a passport?
Baroness Meyer (Con)
My Lords, when history books are written, the United Kingdom will be judged as much by its humanitarian response as by its supply of weapons to Ukraine. Can my noble friend the Minister assure the House that instructions on how to apply for visas are written in clear English, in Ukrainian and in Russian, and that the new online service will not crash as soon as it opens on Tuesday?
Baroness Williams of Trafford (Con)
I can certainly undertake to do that for my noble friend.
Lord Dubs (Lab)
My Lords, it is not as if we have not had weeks of notice that this was going to happen. What has been going on? Has the Minister looked at today’s papers—not necessarily the Guardian but the Conservative-supporting papers? They are all appalled. British public opinion is appalled at what has been going on. If Ukrainians who do not have family connections wish to seek safety here, what is the pathway for them to do it? Will there be limits? Will they be able to come easily or will it be more difficult? This morning, I had a desperate email from somebody asking if we could take 80 orphans. What is the policy?
Baroness Williams of Trafford (Con)
The noble Lord might recall me talking this week about the humanitarian sponsorship pathway, which is for Ukrainians without family in the UK who want to come here. There is no cap on the number of people who can come. All they need is a sponsor. As was mentioned previously, we have been inundated with offers. One thing that I discussed this morning with Richard Harrington was how we capture that generosity and ensure that the people who want to help can help.
Lord Cormack (Con)
My Lords, we capture that generosity by being efficient. Will my noble friend tell me what is the status of Lille? On Monday, refugees were told to go to Calais and on Tuesday they were told to go to Lille. Where do these poor people go?
Baroness Williams of Trafford (Con)
There will be a temporary facility at Lille, but I want to put in context for my noble friend and others in the House the number of people who went to Paris compared with those who went to VACs in Poland. The number in Rzeszów and Warsaw was 10 times the number going to Paris, for obvious reasons. People are far safer to go to the nearest VAC as they exit Ukraine.
Baroness Hamwee (LD)
My Lords, the noble Baroness is very bold in giving assurances about the robustness of the IT, which I was going to ask about. As well as information being available in the correct language, will she explain more broadly how information will be disseminated and made available to all those at the border who must be very uncertain and have great difficulty in finding that information?
Baroness Williams of Trafford (Con)
The noble Baroness raises a crucial question because those who are not well informed at the border could potentially find themselves at the mercy of traffickers. There is a lot of activity and assistance at the border to ensure that people are signposted to the right place. Dispensing with the need for people with Ukrainian passports to go to a VAC will speed up their passage here.
Ukraine: Urgent Refugee Applications
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
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Lord Rosser (Lab)
The Home Office has not stepped up to the mark in processing urgent Ukrainian refugee applications—no doubt in part because the Home Office culture, as shown by the Nationality and Borders Bill, is geared towards keeping refugees out rather than welcoming them in.
On Monday, the Home Secretary claimed that a visa application centre had been set up en route to Calais and was staffed. Yesterday, however, the Commons Minister said that
“we are looking to establish a presence in Lille ... and we expect that to be set up within the next 24 hours.”—[Official Report, Commons, 8/3/22; col. 198.]
Has the Lille centre now been set up, opened and staffed, and how many visas can it process per day?
A week ago, the Home Secretary announced the introduction of a humanitarian sponsorship visa. Yesterday, the Government said in this House:
“The sponsorship scheme … should be up and running very shortly.”—[Official Report, 8/3/22; col. 1265.]
When exactly is the sponsorship scheme going to be “up and running”? Why does the Home Office still not know? What is needed now is an emergency visa scheme for those fleeing Ukraine. Are the Government going to do that?
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
I thank the noble Lord for his questions. As of 9.30 am this morning, 17,700 applications had been made, and there were 1,000 grants of visas. We are expecting a further 1,000 grants of visas by the end of the day. I think that noble Lords will agree that that is a positive trajectory.
The Lille VAC will indeed be set up.
In total, we had almost 1,000 offers for the humanitarian sponsorship pathway, which I counted up from across this House, given the details I received from the right reverend Prelate and another noble Lord yesterday. I want to take back to the Home Office—as I said yesterday that I would—the offers of support which are not just from within your Lordships’ House but are coming in thick and fast from all over the country. They will be very helpful when those families and people arrive in the UK.
Lord Paddick (LD)
My Lords, Ukrainian refugees arriving in Bucharest and applying to join families in the UK today are being given appointments on 28 March to have their biometrics taken. What are they supposed to do for two weeks in a foreign city where they know no one, have few belongings and little or no money, when they could be here in the UK with their families?
Baroness Williams of Trafford (Con)
The noble Lord makes a very understandable point. As I said yesterday to the House, I know that we are training people as we speak, and surging the capacity and capability of our VAC teams from that region.
Lord Cormack (Con)
My Lords, what are we doing to liaise with the Polish authorities, who have received so many of these refugees from Ukraine? Surely, if they have been accepted into Poland, we can arrange quick transfers to the UK for those who wish to come here—many of whom have family members here.
Baroness Williams of Trafford (Con)
My noble friend will have seen footage of my right honourable friend the Home Secretary there over the weekend. We are in very regular contact with Poland. I just turned to my noble friend to clarify the contact we are having with the UNHCR: it sounds regular and very thorough in enabling refugees to come to this country as quickly as possible. If someone is in Poland, and has had their visa issued in Poland, they are absolutely ready to come to this country. That is the very positive benefit of having VACs in Poland.
The Lord Bishop of Leeds
My Lords, I heard yesterday that one of the refugee application centres in Poland has no available appointments until the end of April—the end of next month. This seems to be a bureaucratic answer to a humanitarian question. I received an email last night asking, “Is the UK Government ill prepared, incompetent or unwilling?”—and I do not know how to answer it.
Baroness Williams of Trafford (Con)
Well, I hope I can help the right reverend Prelate in saying that we are surging capacity and capability in the VACs. It is not acceptable if people are being told that they have to wait until the end of April. I certainly hope that, when I next return to this House with an update, it will be a far more positive picture.
Lord Harris of Haringey (Lab)
My Lords, the whole House recognises that the noble Baroness the Minister is a very empathetic person, and she is quite clear about her sincerity in trying to help refugees from Ukraine. However, the Minister for Justice in Ireland today met Ukrainian refugees arriving in that country and ushered them to a separate room, where they were given national insurance numbers or the equivalent and told how to get help with medical and housing requirements. Why is it that we, a similar nation, are requiring that people apply—very bureaucratically—hundreds of miles away and fill in numerous forms, rather than simply directly accepting people from Ukraine and dealing with them here?
Baroness Williams of Trafford (Con)
There is one area where I will depart from the noble Lord, which is on the need to make sure that people are who they say they are. If someone says they are Ukrainian and in fact are not—particularly if they are someone who we might not wish to have in this country because of their behaviour—it is really important that that place is not taken by someone who has no genuine right to be here. So I do not make an apology for that, but I otherwise completely concur with the noble Lord. We are country that welcomes people and tries to provide as much support as we can—and, as I said, my right honourable friend the Home Secretary was in Poland at the weekend.
Lord Alton of Liverpool (CB)
My Lords, the FCDO has organised excellent morning briefings and, this morning, the Foreign Office representative suggested that as many as 2 million people may have now been displaced in Ukraine. Would it not be sensible at those briefing sessions for the Home Office also to be represented? The information that the noble Baroness has been giving would be very useful. Can the noble Baroness confirm reports that 227,000 people have now fled from Ukraine across the Romanian border? Has she seen the representations made to her department by James Grundy, the Member of Parliament for Leigh in the north-west of England, about a small charity that has a house where they have already taken a couple of hundred Ukrainian refugees? Would it not be sensible for the Disasters Emergency Committee to include small charities that are not part of DEC so that they too can be funded to ensure that people can be kept in safe places in Romania or Poland without having to make journeys to other parts of the world?
Baroness Williams of Trafford (Con)
I think that what the noble Lord has done is outline how the people of Ukraine would actually like to get back to Ukraine. His suggestion about small charities that are able to help, whether here or in Romania, is really sensible. In terms of the numbers crossing into Romania, I cannot verify those figures, but I am absolutely sure that it must be a very high number indeed. On the subject of the morning briefings, he must be able to lip-read, because my noble friend Lord Ahmad and I were in fact talking about that just before we stood up.
Baroness Meyer (Con)
My Lords, given the extraordinary nature of our times, exemplified yesterday by the eloquent and historic address by President Zelensky, might the Home Office not rise to the moment and welcome Ukrainian refugees in Calais with open arms, instead of chips and KitKats?
Baroness Williams of Trafford (Con)
First, I pay tribute to my noble friend’s son, who has opened up his heart and accommodation to Ukrainians. As for welcoming with open arms rather than bureaucracy, I have looked at the figures for the VACs where Ukrainian refugees are fleeing to. By and large, they are in Poland. In Calais, there have been one or two instances where people are not who they say they are, so it is important not only to keep them safe but also to make sure that we are giving refuge to those we want to give refuge to.
Lord Wigley (PC)
My Lords, the noble Baroness will be aware of the offers made by the Governments of both Scotland and Wales to take in refugees, reflecting the overwhelming good will among people throughout these islands who want to help in these matters. Is the announcement at Question Time this morning by the Prime Minister, concerning the new responsibilities for the Minister for Levelling Up, an indication that the Government may be rethinking this matter?
Baroness Williams of Trafford (Con)
I heard not much of the noble Lord’s question, but I am guessing that it concerned the appointment of my very dear friend Richard Harrington as Minister for Refugees. I know him well and he will be a superb appointment.
The Deputy Speaker (Lord Duncan of Springbank) (Con)
My Lords, the time allowed for this Question is now up and I will allow a moment or two to clear the Chamber for those who want to escape before the next business takes place.
Nationality and Borders Bill
Baroness Williams of Trafford ExcerptsTuesday 8th March 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 82-R-III Third marshalled list for Report - (4 Mar 2022)
“Visa penalty provision: general
(1) The immigration rules may make such visa penalty provision as the Secretary of State considers appropriate in relation to a country specified under section (Visa penalties for countries posing risk to international peace and security etc) or 69.(2) “Visa penalty provision” is provision that does one or more of the following in relation to applications for entry clearance made by persons as nationals or citizens of a specified country— (a) requires that entry clearance must not be granted pursuant to such an application before the end of a specified period;(b) suspends the power to grant entry clearance pursuant to such an application;(c) requires such an application to be treated as invalid for the purposes of the immigration rules;(d) requires the applicant to pay £190 in connection with the making of such an application, in addition to any fee or other amount payable pursuant to any other enactment.(3) The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection (2)(d).(4) Before making visa penalty provision in relation to a specified country, the Secretary of State must give the government of that country reasonable notice of the proposal to do so.(5) The immigration rules must secure that visa penalty provision does not apply in relation to an application made before the day on which the provision comes into force.(6) Visa penalty provision may—(a) make different provision for different purposes;(b) provide for exceptions or exemptions, whether by conferring a discretion or otherwise;(c) include incidental, supplementary, transitional, transitory or saving provision.(7) Regulations under subsection (3)—(a) are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection (2)(d);(b) are subject to negative resolution procedure if they decrease that amount.(8) Sums received by virtue of subsection (2)(d) must be paid into the Consolidated Fund.(9) In this section—“country” includes any territory outside the United Kingdom;“entry clearance” has the same meaning as in the Immigration Act 1971 (see section 33(1) of that Act);“immigration rules” means rules under section 3(2) of the Immigration Act 1971;“specified” means specified in the immigration rules.”Member’s explanatory statement
This new clause and new clause headed “Visa penalties for countries posing risk to international peace and security etc” provide that immigration rules may make provision penalising applicants for entry clearance from countries posing a risk to international peace and security or whose actions are likely to lead to armed conflict or a breach of humanitarian law.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, following Russia’s invasion of Ukraine, I am bringing forward Amendments 70B to 70N and Amendment 84E to allow visa penalties to be extended to countries that present a risk to international peace and security, or whose actions lead or are likely to lead to armed conflict or a breach of humanitarian law.
The existing provision in Clause 69 will already give the Government the power to apply visa penalties to specified countries that are not co-operating in relation to the return of its nationals. We will be able to slow down the processing of applications, require applicants to pay a £190 surcharge or, critically, suspend the granting of entry clearance completely. These powers are scalable, and they are appropriate both in the context of improving returns co-operation and to take action against regimes waging war on the innocent.
In particular, the Government are minded to use these powers in respect of Russia. The ability to suspend the granting of entry clearance for Russian nationals will send a strong signal to the Putin regime that they cannot invade their peaceful neighbour and expect business as usual. Although we do not believe this war is in the name of the Russian people, disadvantaging Russian nationals in this way, as part of our wider package of sanctions, will contribute to the pressure on the Putin regime.
Specifically, Amendment 70B sets out the general visa penalties provisions from the original Clause 69, which will now apply in both contexts. This includes the detail on the types of penalties that may be applied and the provision to make exemptions. This has not substantively changed from the provisions that noble Lords have already considered.
Amendment 70C sets out when a country may be specified and provides for three possible conditions. The Secretary of State must be of the opinion that the Government of the country have taken action that gives or is likely to give rise to a threat to international peace and security; results or is likely to result in armed conflict; or gives or is likely to give rise to a breach of international humanitarian law. The Secretary of State must take into account the extent of, and the reasons for, the action taken, the likelihood of further action, and such other matters as the Secretary of State considers appropriate.
Amendment 70K broadly mirrors Clause 70, in that it requires the Secretary of State to review the application of visa penalties every two months. If the Secretary of State concludes that penalties are no longer necessary or expedient in connection with the factors in Amendment 70C, penalties must be revoked. This provision is a safeguard to ensure that any visa penalties applied do not remain in place by default.
I am also bringing forward Amendment 84E to ensure that these powers can be deployed in relation to the invasion of Ukraine as soon as the Bill receives Royal Assent, rather than waiting two months after commencement. The sooner that happens, the sooner this House and all Members can collectively act in response to this appalling crisis.
The United Kingdom stands firmly with the people of Ukraine in their struggle with Vladimir Putin’s monstrous and unjustified war. Extending these powers is a crucial step to enabling the Government to respond to hostile actions, such as those by the Putin regime, in the toughest possible manner. I ask noble Lords to support Amendments 70B to 70N and Amendment 84E for the reasons already outlined. I beg to move.
Lord Paddick (LD)
My Lords, my first reaction to these amendments was to wonder why they were necessary. Surely it is already possible to refuse to grant visas, or to slow the processing of visas to nationals of a hostile foreign state. The Government seem to be doing a good job of not granting visas to Ukrainian nationals fleeing war, so why can they not refuse to grant visas to Russians?
On that issue, I would like the Minister to explain why the Home Secretary told the other place yesterday:
“I confirm that we have set up a bespoke VAC en route to Calais but away from the port because we have to prevent that surge from taking place.”
Later, when challenged, the Home Secretary said:
“I think the right hon. Lady did not hear what I said earlier. I said that I can confirm that we are setting up another VAC en route to Calais—I made that quite clear in my remarks earlier on.”—[Official Report, Commons, 7/3/22; cols. 27, 40.]
Can the Minister explain why the Home Secretary gave inaccurate information and then blamed the shadow Home Secretary for mishearing?
Why have the Government accepted only 508 Ukrainian refugees—as I think the Minister said earlier in the House—while Ireland has accepted 1,800? What makes the UK so unique? Are these amendments not more of the Government saying that they are going to do something, instead of actually doing something?
I am also concerned about subsection (6), to be inserted by Amendment 70B, which would allow the Secretary of State to
“make different provision for different purposes … provide for exceptions or exemptions … include incidental, supplementary, transitional, transitory or saving provision.”
In other words, the new clause seems to allow the Secretary of State to do whatever she wants—including to allow into the UK whoever she wants, despite a general ban on a particular country. Where is the parliamentary oversight?
Amendment 70C would allow the Secretary of State to specify that a country is posing a
“risk to international peace and security”,
or a risk of “armed conflict”, or a risk of breaching “international humanitarian law”, if that is her opinion. There is no qualification that she should be satisfied on the balance of probabilities or beyond reasonable doubt, for example, but simply that she is of that opinion. Again, where is the parliamentary oversight?
These new amendments allow the Secretary of State to impose, or not impose, visa restrictions and penalties on countries which, in her opinion, pose a threat. This allows her to exempt whoever she thinks should be exempted, without any parliamentary scrutiny, oversight or involvement in the decision-making. Will the Minister consider withdrawing these amendments and bringing them back at Third Reading with the necessary safeguards in place?
Baroness Williams of Trafford (Con)
My Lords, I thank noble Lords for some pretty sensible follow-up questions. The first question, about why we need the power, is absolutely reasonable. There are currently limited powers to apply penalties to applications for entry clearance under existing legislation. It might be possible to apply extra checks if a certain nationality is considered to pose an immigration risk that could lead to a slowing down of visa processing. However, that is as far as penalties can reasonably go under current powers.
The Secretary of State must exercise her powers consistently with the Immigration Acts. Neither the Immigration Act 1971 nor the Immigration Rules allows the Secretary of State to adopt measures such as additional charges or suspending visas in order to apply pressure on a foreign Government. By their nature, these powers mean that the penalties can be applied in a blanket way to a nationality. It is correct that the Secretary of State has express statutory authority if she is to take these significant steps.
“Visa penalties for countries posing risk to international peace and security etc
(1) A country may be specified under this section if, in the opinion of the Secretary of State, the government of the country has taken action that—(a) gives, or is likely to give, rise to a threat to international peace and security,(b) results, or is likely to result, in armed conflict, or(c) gives, or is likely to give, rise to a breach of international humanitarian law.(2) In deciding whether to specify a country for the purposes of this section, the Secretary of State must take the following into account—(a) the extent of the action taken;(b) the likelihood of further action falling within subsection (1) being taken;(c) the reasons for the action being taken;(d) such other matters as the Secretary of State considers appropriate.(3) In this section—“action” includes a failure to act;“country” and “specified” have the same meanings as in section (Visa penalty provision: general).”Member’s explanatory statement
See the explanatory statement for the new clause headed “Visa penalty provision: general”.
Member’s explanatory statement
This amendment is consequential on the two new clauses for insertion before clause 69 in the Minister's name.
“Visa penalties under section (Visa penalty provision: general): review and revocation
(1) This section applies where any visa penalty provision made pursuant to section (Visa penalties for countries posing risk to international peace and security etc) is in force in relation to a country.(2) The Secretary of State must, before the end of each relevant period—(a) review the extent to which the country’s government is continuing to act in a way that, in the opinion of Secretary of State, has or is likely to have any of the consequences mentioned in section (Visa penalties for countries posing risk to international peace and security etc)(1), and(b) in light of that review, determine whether it is appropriate to amend the visa penalty provision.(3) If, at any time, the Secretary of State forms the opinion that, despite the fact that the country’s government has taken or is taking action as mentioned in section (Visa penalties for countries posing risk to international peace and security etc)(1), the visa penalty provision is not necessary or expedient in connection with—(a) the promotion of international peace and security,(b) the resolution or prevention of armed conflict, or(c) the promotion of compliance with international humanitarian law,the Secretary of State must as soon as practicable revoke the visa penalty provision.(4) Each of the following is a relevant period—(a) the period of 2 months beginning with the day on which the visa penalty provision came into force;(b) each subsequent period of 2 months.(5) In this section, “visa penalty provision” has the same meaning as in section (Visa penalty provision: general).” Member’s explanatory statement
This clause provides for the review of the effectiveness of visa penalty provision made in relation to countries presenting a risk to international peace and security etc, and requires its revocation if the Secretary of State concludes that it is no longer necessary or expedient.
Member’s explanatory statement
This amendment is consequential on the two new clauses for insertion before clause 69 in the Minister's name.
Member’s explanatory statement
This is a drafting amendment that clarifies that, like the requirement in Clause 77(2), the requirement for Tribunal Procedure Rules to prescribe conduct of the kind mentioned in clause 77(1) applies only in relation to the Immigration and Asylum Chamber of the First-Tier Tribunal and the Upper Tribunal.
Baroness Williams of Trafford (Con)
I am always worried that the noble Lord, Lord Rosser, will not get home, so if he wants to exit stage left, I will not be in the least bit offended. I am very keen that he gets his train.
On Windrush, that tragedy did not arise because people did not have a piece of paper. That problem arose because, through successive changes in immigration law over the years, Windrush was simply forgotten. Of course, it was at the time a declaratory system, but the problem did not arise because people did not have a piece of paper.
To return to Amendment 79, I know that the noble Lord, Lord Oates, will not be happy with what I will say. I hope that I can provide a comprehensive and sensible reason why, to quote my noble friend Lady Shackleton.
We provide all individuals who are granted UK immigration status with a formal written notice of their grant. It is in the form of a letter sent by post or email which sets out their immigration status. They can retain the letter for their own personal records and use it, if they wish, when contacting the Home Office about their status.
We took full account of the recommendation from the beta assessment of the Home Office’s “prove your right to work” service and have introduced a wide range of support to help vulnerable users as we roll out the e-visas, which are the secure, online services which can be used to view and prove immigration status. We are and have been implementing the change in an incremental way since 2018, to ensure that no one is left behind.
Those who struggle to use them can also contact the UKVI resolution centre, including by phone, for help using the service or sharing status on the individual’s behalf. We have also developed mechanisms which reduce the need for individuals to prove their status themselves when accessing public services: for example, benefits and healthcare. Status information is already shared automatically with HMRC and DWP and the NHS in England and Wales.
We published a policy equality statement in relation to the EU settlement scheme on 18 November 2020. The statement considered the impact of e-visas and set out the support available to users who need help. There are reports of incidents where the system may not have worked as it should have, but feedback on the e-visas and online service has been generally positive. Most users find it easy to use and it is aligned with other digital government services, such as DVLA services for renewing driving licences and paying vehicle excise duty. E-visa holders can check their status at any time by logging into the view and prove service; they can even contact the Home Office if they experience any issues with their e-visa.
The noble Lord, Lord Oates, previously referred to the Government’s intention to remove biometric residence permits, biometric residence cards and frontier worker permits from the lists of documents acceptable as part of a right-to-work check. We can do this because the online system works. The cards will remain valid for other purposes, including as an identification document and to board travel services when returning to the UK. As the noble Lord is aware and has mentioned previously, we have been considering the merits of introducing a QR code. As he said, I committed to take the matter back and discuss it with the Home Office. He is absolutely right: we have written to the3million, setting out why we do not think it is a viable option. We have had to consider a wide range of factors, not least that using this method in the context of demonstrating vaccination status is not equivalent to using it to show immigration status, since a person’s immigration status can change in a way that their vaccination status cannot.
The information on an insecure printed document, even one validated by a QR code, would not be a secure method of sharing and proving immigration status in a way that gives confidence to the user and the checker. We consider that it would open the system up to potential fraud and abuse because the QR code would not be sufficient to verify the identity of the document holder. We have looked into whether we could incorporate a facial image on to the QR code but found that the technology would not support inclusion of high-resolution facial images. It would not adhere to the principles of data minimisation, whereby only as much personal data as is needed for the checking purpose should be shared and accessible only for as long as required. The checker would require an app on an internet-enabled device capable of reading the code, whereas any internet-enabled device with a web browser can be used to check a share code. Our reply to the3million, which I will share with the noble Lord, has been published on its website and provides a full explanation.
Physical documents obviously expire—my parents insist on printing their Covid passes out, and sometimes they are near or at expiration—they can become invalid or be lost, stolen or tampered with, and they take time to replace, leaving our immigration system open to fraud and abuse. They do not provide that real-time information. Last year, UK Visas and Immigration received over 44,000 reports of lost or stolen biometric residence documents and issued over 22,000 replacement cards for those reported lost or stolen. Implementing this amendment would involve significant costs; they could well be over £270 million if we had to issue a physical document to everyone with an immigration status.
Our provision of a letter sent by email or post meets the need for a physical document showing a person what their immigration status is, and it can be kept for personal records. The ability to view and prove immigration status online in the form of an e-visa provides foreign nationals with the certainty that they need to demonstrate their rights in the UK now and in the years to come. I hope—although I doubt it—that I have reassured the noble Lord on his concerns. On the other point, I am very happy to meet any interested parties that wish to discuss this further.
I turn to Amendment 82 from my noble friend Lady Neville-Rolfe and the noble Lord, Lord Green, on trade agreements containing provisions on visas. We should recognise that the Immigration Rules and decisions about visa requirements are sovereign national powers which rest with the Home Secretary. I sympathise with my noble friend’s desire to retain national control over visa policy. We took back control of our borders when we left the EU and now have the freedom to set our own rules in the interests of the UK.
However, trade and immigration are separate policy areas and the UK does not routinely discuss immigration in trade negotiations. What comprehensive free trade agreements typically include is provisions on so-called mode 4 trade in services. These set the terms for the temporary movement of service providers between parties to the agreement. Immigration policy, as opposed to mode 4, is our overarching approach to long-term immigration and border controls.
I know my noble friend has expressed concerns about the Government’s negotiations with India on a free trade agreement. As is standard in UK free trade agreements, I expect we will explore mode 4 provisions, which could support British and Indian businesses and consumers, in our negotiations with India. This is not a one-way conversation. UK business stakeholders have identified mobility issues affecting UK service suppliers seeking to go to India, which we might seek to address in these negotiations. This is just as we have done in our free trade agreements with other partners such as Japan, Australia and the EU and would expect to do in any future comprehensive free trade agreements. But any agreement will be consistent with the points-based immigration system and we will not compromise the principles or functioning of that system.
I also want to note that Parliament already has appropriate involvement in the scrutiny of free trade agreements and their provisions through the CRaG process. The legislative framework set by CRaG provides Parliament with the opportunity to undertake scrutiny of an FTA prior to its ratification. I understand the point my noble friend raised previously that CRaG is a rather binary tool, but it would not be appropriate to have additional processes to consider individual issues within the agreement. Immigration is clearly an important issue but comprehensive trade agreements, by definition, cover more areas. It would not be practical or desirable to have carve-outs for individual issues; taken together, these could make the process of negotiating and scrutinising trade agreements lengthy and impractical.
While I agree with the thrust of my noble friend’s argument that robust scrutiny is critical, I cannot agree with the amendment. I instead point to the comprehensive processes we already have in place to ensure that Parliament has its say on trade agreements and, critically, that any changes to domestic law would need to be passed by this House in the normal way. I hope I have set out clearly for my noble friend why this amendment should not be pressed.
Lord Green of Deddington (CB)
Before the Minister sits down, is she confirming that any immigration negotiations with India will be confined to mode 4?
Lord Oates (LD)
My Lords, I thank all noble Lords who have taken part in this debate. Given the lateness of the hour, I will not go into detail but just say two things. First, I have read the entirety of the Home Office letter to the3million group, most of which is wrong and could have been corrected if the Home Office had the decency to meet on an interim basis as requested. The Minister will have seen, or will see shortly, the comprehensive refutation of every point that she has made.
Secondly, it is all very well to say that the system works well for some people. For digital-savvy people, I am sure it is fine; but for people who are not digital-savvy, it is not. That is specifically what the pilot undertaken by the Government warned about. It said that the system should not be changed, as unless effective mitigation was put in place it would have a significant impact on vulnerable users. It is having a significant impact. I very much regret and am dismayed that the Home Office does not understand that and will not listen to the people who have to use it. On that basis, I would like to test the opinion of the House.
Lord Coaker (Lab)
I will speak briefly in support of the amendment in the name of the noble Baroness, Lady D’Souza; it is a really important amendment, which goes to the heart of the matter. Whichever way you look at it, there are Afghans who helped us who cannot relocate to the UK; that goes to the core of the importance of the noble Baroness’s amendment. The noble Baroness, Lady Coussins, has given us some examples and the noble Baroness, Lady Smith, reminded us of the obligations that we continue to have. What assessment has the Home Office made, with the Ministry of Defence and the Foreign Office, about the number of people they would have expected to help who are still trapped in Afghanistan? What is the current situation there?
The amendment in the name of the noble Baroness, Lady D’Souza, seeks to extend that eligibility to others who may be at risk from the Taliban-controlled Government in Afghanistan. We have a duty to help those who helped us; we all accept that, but what is the current situation? What are the routes available, and why would the Government not accept the amendment? We all agree with the principle but we know that problems still exist. An explanation would be extremely helpful; even at this late hour, this amendment enables us, once again, to ask the Government the extent of the problem and what they are going to do about it.
Baroness Williams of Trafford (Con)
My Lords, I apologise for being slow to rise; I was frantically writing down the points made by the noble Lord, Lord Coaker. I will perhaps answer the last question first on how many are yet to come. That is a very difficult question to answer; I do not think that anyone would pretend to know. I can give an answer the other way round in that ARAP has already seen over 8,000 people relocated to the UK, many as part of the Operation Pitting group who were safely evacuated from Afghanistan last summer. Eligibility has actually been expanded, not reduced. I am not sure which noble Lord said that it had been reduced, but it has been expanded several times since it was launched: first to include people who had resigned from service, then to include people who had been dismissed for all but serious or criminal offences, and then in December last year to include people who had worked alongside rather than directly for HMG, and their non-Afghan family members.
The ACRS opened on 6 January this year; it is up and running. The noble Baroness, Lady Smith of Newnham, spoke earlier of an almost dismissive comment about the ACRS. I do not think that she was referring to me—I hope she was not.
Baroness Smith of Newnham (LD)
No. The person who was unable to answer the question was the Secretary of State for Defence, on the radio this morning. He basically said, “It is a Home Office matter and, by the way, we are rather too busy with Ukraine.” That was the impression that he gave.
Baroness Williams of Trafford (Con)
It is a Home Office matter, so he was absolutely right on that, but it remains very important. Putting Ukraine into strong focus does not take away from our concern for what is happening to the people of Afghanistan. I doubt that it is getting any better; possibly it is getting worse. They still need our help and support.
On ARAP, the Home Office works with the MoD and the FCDO to ensure people’s safe passage here. I appreciate the sentiment behind the amendment, which seeks to widen further still the eligibility criteria, but it is not necessary to put the suggested changes in primary legislation. The Immigration Rules are designed to be altered where needed, with the approval of Parliament, to enable us to make changes such as those I have just been talking about. Having them prescribed in primary legislation would prevent the Government responding quickly where changes are required.
In any case, the specific changes put forward here are unnecessary. The ARAP rules as drafted, and changed as recently as December, provide us with the requisite flexibility to allow all those who made a substantive and positive contribution to the UK’s objective in Afghanistan, either directly for or alongside a UK government department, and who are now at risk as a result of that, to come to the UK. This has always been the intention of the scheme, and that is what is being delivered.
On additional family members, the ARAP rules reflect the wider immigration system in that principals can be joined by spouses, civil partners, durable partners and children under 18. It is right that they are consistent with other routes to the UK. In June last year we published guidance on how additional family members can join principal ARAP applicants here outside the rules, where there are specific levels of dependence or risk. This option has been widely used, and by definition provides us with greater discretion than having prescriptive criteria set out in the rules.
Security checks are carried out by the Home Office after the MoD has approved them. On JRs, the Home Office overturns MoD grants only ever on serious national security grounds.
The ARAP scheme has been a huge success. It has provided resettlement to more than 8,000 people already, with a similar number yet to come. The rules in place strike the right balance between providing support to those who need and deserve it and protecting the finite capacity of this country to resettle those in need. I hope the noble Baroness will be happy to withdraw her amendment.
Baroness D'Souza (CB)
My Lords, I thank the Minister, as always, for her answer. I think the most recent pronouncement from the Home Office on the ARAP scheme was that it would in future include only Afghan citizens who were explicitly involved in promoting British values and policies, which necessarily excludes an awful lot of people who worked for British companies but without necessarily being seen to be explicit in promoting their values.
Secondly, the Minister said that she did not feel it necessary for this to be in the Bill, but I feel strongly that unless these criteria are in the Bill they will never remotely happen, and therefore it is important that they be included. I feel that the ARAP scheme continues to be somewhat thin, a little confused and confusing and somewhat pusillanimous, but in view of the hour I beg leave to withdraw the amendment.
Lord Coaker (Lab)
My Lords, I will just make a couple of remarks about this amendment from the noble Baronesses, Lady Hamwee and Lady Hollins, which I support. It is a shame that we are right at the end of the evening—or in the middle of the night, or in the morning, or whatever—because it is one of those amendments that raises a number of really important questions for the Government. It is really quite an appropriate way—not at this time—to end the Report stage, because it encompasses so much of what has been debated on the Bill so far.
We are talking about people who are traumatised, fleeing war, risking their lives; people who have lost their homes and loved ones, experienced extreme violence, and children who have been trafficked and exploited. One of the criticisms throughout the passage of the Bill so far is that we are debating measures that we believe would remove support from these people, damage their credibility, penalise them for not providing evidence neatly to a deadline, as we heard earlier, and make it harder, for example, for modern slavery victims to report abuse. That is a point of difference between us.
I am sure the Minister will say that of course, people will take account of trauma, and they will interview, meet and discuss such issues with these individuals and support them in a way which reflects that. But what this really important amendment is driving at is the absolutely essential need to have a trauma-informed approach. If the amendment does nothing else but remind those who work with victims and survivors that that sort of approach is the best way forward, then it has served its purpose.
Baroness Williams of Trafford (Con)
I thank noble Lords for their comments. I say to them, in particular the noble Baroness, Lady Hollins, that the impact of traumatic experiences is writ large throughout the whole decision-making process in the asylum system. For example, the asylum interview policy guidance includes a specific section on
“Victims of torture or other trauma”,
and this supports interviewers to create a suitable environment for claimants who have experienced trauma to explain their claim. The impact of trauma has also been carefully considered in the drafting of the Bill.
In relation to modern slavery and human trafficking, we are acutely aware of the trauma that victims of modern slavery may experience, and already recognise the impact that this trauma might have on a potential victim’s ability to even recognise themselves as a victim or indeed be identified. We are committed to identifying victims of modern slavery as quickly as possible and ensuring that they receive support as early as possible too.
The effects of trauma are already considered as part of the decision-making process and included in the current modern slavery statutory guidance of the Modern Slavery Act 2015, and they will continue to be applied in decision-making. There is a code of conduct for all professionals working with survivors of human trafficking and slavery, published by the Helen Bamber Foundation, and The Slavery and Trafficking Survivor Care Standards, produced by the Human Trafficking Foundation. We will build on this approach in updated published guidance, ensuring that decision-makers have the tools to recognise the effect that traumatic events can have on people’s ability to accurately recall, share or recognise such events. This will give decision-makers the flexibility to take a case-by-case approach and the tools to recognise the possible effect of exploitation and trauma and ensure that decisions are based on an understanding of modern slavery and trafficking.
We will also continue to engage with the six thematic modern slavery strategic implementation groups, bringing together government, the devolved Administrations, NGOs and businesses. We recognise that modern slavery remains a rapidly evolving area, and it is very important that the guidance be continually updated to ensure that it is reflective of current policy and practice.
In summary, I hope that I have explained that trauma-informed decision-making is writ throughout the whole asylum system process, and I hope the noble Baroness will be happy to withdraw her amendment.
Baroness Hamwee (LD)
My Lords, this noble Baroness will withdraw my amendment but not that happily, I am afraid. It refers not only to interviews and so on but to policy-making. If it is actually incorporated in policy-making, why have we, during the course of the Bill, been discussing how delays are treated and late evidence? Only today—or yesterday—we have discussed inconsistencies in evidence. The amendments are aimed at the whole of immigration control, which would include, for this purpose, asylum seekers as well as slavery and trafficking.
I am afraid that the words may be there on paper—and my words can only be on paper—but I have had the clear impression, not only during this Bill, that the process and the policy-making are not trauma-informed. I do not know how many Members still remain in the building on the government side, but it would be inappropriate and have no effect to tax the patience of those who remain by dividing the House. I beg leave to withdraw the amendment.
“(aa) sections (Visa penalty provision: general), (Visa penalties for countries posing risk to international peace and security etc) and (Visa penalties under section (Visa penalty provision: general): review and revocation) (visa penalties in relation to countries posing a risk to international peace and security etc);”Member’s explanatory statement
This amendment provides that the provisions for imposing visa penalties introduced by the three new clauses in the Minister's name relating to visa penalties will come into force on Royal Assent.
Ukraine: Refugees
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harries of Pentregarth
To ask Her Majesty’s Government what plans they have to allow a greater number of Ukrainians who do not have family in the United Kingdom to come to this country; and what assessment they have made of the number of UK citizens willing to offer rent-free accommodation to refugees from Ukraine.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government have announced that the UK will establish a humanitarian sponsorship pathway, which will open up a route to the UK for Ukrainians who may not have family ties with the UK but who are able to match with individuals, charities, businesses and community groups. There will be no numerical limit on this scheme; we will welcome as many Ukrainians as wish to come and have matched sponsors.
Lord Harries of Pentregarth (CB)
I thank the Minister for her Answer, which is very welcome indeed. Rabbi Jonathan Romain in Maidenhead advertised locally for people willing to offer rooms to Ukrainian refugees and, within days, he had 240 offers. I believe that that could be replicated all over the country, so I am very glad that the Government have given that Answer. Will people with a named host and named accommodation who wish to come here be able to undertake the process in this country rather than having to go through a long and very unsatisfactory visa process via Paris or Brussels? Poland and Germany have shown very open hearts; I believe that the British people will do the same.
Baroness Williams of Trafford (Con)
I totally agree with the noble and right reverend Lord that the British people will be very generous. In fact, just before we started Questions, the right reverend Prelate the Bishop of Durham told me about a Church-based organisation that had already had 891 pledges. These are fantastic figures; the noble and right reverend Lord is absolutely right: we need to have them in the country first, and we need to expedite that process as quickly as possible. I am very keen to capture that enthusiasm and help, and offer support as soon as we can.
Baroness Smith of Newnham (LD)
My Lords, in light of that answer, can the Minister say whether there will be an opportunity for people to apply for visas in this country rather than being kept at Calais? Secondly, the Secretary of State for Defence was unable to answer a question on the radio this morning on whether the ACRS scheme for Afghan refugees has actually opened, saying that this is a matter for the Home Office which is rather busy with Ukraine. Can the Home Office not manage to deal with Afghan and Ukrainian refugees simultaneously?
Baroness Williams of Trafford (Con)
I think it is fair to say that the Home Office is dealing with both Afghan and Ukrainian refugees simultaneously. Up to 9 o’clock this morning, 4,278 appointments had been made at VACs; that is across the world, but it is a lot of VAC appointments. I checked for myself where the main bulk of those appointments were being made and the vast majority—that is, half of the appointments —were, of course, unsurprisingly, made in Poland. We have two VACs in Poland. For people fleeing Ukraine to be able to go straight to a VAC in Poland is clearly the best and easiest thing for them to do, to avoid problems along the way, shall we say.
Baroness Fraser of Craigmaddie (Con)
My Lords, the Minister has just told us about the vast majority of appointments being made at VACs in Poland. I know of a family who have been waiting in Warsaw for some time and the website has not changed; they cannot make an appointment. The helpline, which the website says will be manned 24/7, is not manned over the weekend. Yesterday, I asked a question and was told that a team of four experts was going to Poland to help build capacity. Can the Minister reassure me that this is being increased and that people in Poland will be able to get VAC appointments so that they can come back home?
Baroness Williams of Trafford (Con)
It is very difficult to know from a short exchange on my noble friend’s question when the family tried to make the appointment and all that sort of detail, but I know that 1,451 appointments have been made in Warsaw. I will keep her updated. We have extra capacity in our VACs and will have 100 extra people trained by the end of the week. I will certainly take back her point about Warsaw, and make sure that everything is running smoothly.
Lord Clark of Windermere (Lab)
My Lords, is it true that the Government have issued more visas to Russian oligarchs than they currently plan to issue for Ukrainian refugees? Does the Minister’s announcement today mean categorically that there will be a vast increase in the number of Ukrainian refugees accepted?
Baroness Williams of Trafford (Con)
As I said, the figures are uncapped: as many people who want to come here can come, whether or not they have family ties. It was estimated last week, I think, that under the family routes provisions we might see 200,000—there is no limit on the number of people who can come here through this humanitarian sponsorship pathway scheme.
The Lord Bishop of Leeds
My Lords, the Government have rightly praised the generosity of the people of the United Kingdom, but there seems to be a systemic problem in allowing that generosity to be exercised. Can the Minister say something about the systemic issues and address an associated matter: how can we guarantee that the information we are given is accurate, given what has happened in Calais, for example? We keep hearing from the Government that we are leading the way, but we are patently not.
Baroness Williams of Trafford (Con)
I can say to the right reverend Prelate that this scheme is new—only a few days old. I think that I recognised, in my answer to a previous question, that we want people’s generosity—the British people are very generous—to be captured, and I hope that this scheme will be up and running as soon as possible.
Baroness Finlay of Llandaff (CB)
My Lords, last Wednesday we were told that the sponsorship scheme would start and were given a telephone number. That number was only for Ukrainians. If you phone in today you are referred to an 0300 number that does not work. Yesterday I was told in the Portcullis House information hub that the department for levelling up, rather than the Home Office, is taking a lead on this. Can the Minister tell the House when there will be a streamlined system of information whereby people who are sponsoring somebody can register that sponsorship and advise the people who are trying to get out of Kyiv?
Baroness Williams of Trafford (Con)
The sponsorship scheme, as I have said, should be up and running very shortly, and DLUHC will indeed be the lead department on it. In response to the noble Baroness, I undertake, when there is a number and the scheme is up and running, to come back to the House and give details.
Lord Paddick (LD)
My Lords, surely what is needed, as well as numbers, is speed. The UK has admitted only 300 Ukrainian refugees, while the Republic of Ireland has admitted 1,800. Why is the UK dragging its feet?
Baroness Williams of Trafford (Con)
I wholeheartedly agree with the noble Lord that speed and numbers are vital. I understand that as of 9 o’clock this morning there were 526 grants under the family scheme. With regard to the sponsorship, however, the noble Lord is right: we need to do it quickly and efficiently.
Lord Skidelsky (CB)
My Lords, in addition to the help that the Government are giving to Ukrainians to come to this country, will they consider offering humanitarian visas to those brave Russians—members of the clergy, members of civil society, academics, journalists and ordinary citizens—who face long prison sentences for exercising their democratic right to oppose this war?
Baroness Williams of Trafford (Con)
I am very glad that the noble Lord asked that question because, at this point, we all need to stop and remember all of those Russian people who are so against, or do not even know, what is happening in Ukraine. I do not have many details of that, but it is certainly heartbreaking when you see Russian soldiers fighting in Ukraine who appear not to know what they are doing and why they are doing it.
Mike Veale: Police Conduct Report
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
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Lord Lexden
To ask Her Majesty’s Government what assessment they have made of the Independent Office for Police Conduct report of August 2021 into allegations of misconduct against Mr Mike Veale, former Chief Constable of Wiltshire and of Cleveland.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, following an investigation by the Independent Office for Police Conduct, the then acting police and crime commissioner for Cleveland determined that former Chief Constable Mike Veale had a case to answer for gross misconduct. The matter is now subject to a misconduct hearing and it would therefore be inappropriate to comment further while those proceedings remain ongoing.
Lord Lexden (Con)
I congratulate my noble and now right honourable friend, one of the hardest-working Ministers in our House over many years, on becoming a member of Her Majesty’s Most Honourable Privy Council. How could it possibly be right for a disgraced former chief constable deemed, as my noble friend said, to have a case for serious misconduct to answer with a legal hearing pending to be receiving a salary in the region of £100,000 plus expenses from public funds as adviser to the police and crime commissioner for Leicestershire and Rutland—who purports to be a Conservative, which makes the matter even worse? Is there no time limit on starting the legal hearing, which was announced last August?
Baroness Williams of Trafford (Con)
I thank my noble friend. Not only do I personally feel very honoured, but it is an honour for the House as well. As regards someone being up for investigation and now having a case to answer for alleged misconduct while drawing their salary, someone who is still innocent of misconduct is still able to draw their salary until it is proven otherwise. I can understand my noble friend’s frustration, but that is the case.
Lord Bach (Lab)
My Lords, I congratulate the noble Baroness as well. I remind the House that I have been a police and crime commissioner for Leicestershire. Does the Home Office really have nothing to say regarding the behaviour of Leicestershire’s current police and crime commissioner in bringing in Mr Veale—unvetted, I believe—on his first day in office and continuing to employ him on high remuneration as his chief adviser, even though the local police force was embarrassed and many in Leicestershire are offended? The Home Office is not often shy about giving its opinion. Why is it so shy in this case?
Baroness Williams of Trafford (Con)
My Lords, I thank the noble Lord for his kind words. We are not shy. It is important that the various legal proceedings are followed before the IOPC and, indeed, the Home Office make a comment.
Lord Howell of Guildford (Con)
My Lords, I endorse the comments of my noble friend Lord Lexden about the Minister’s work, which has been very valiant during the whole of this difficult case. I think it is generally agreed that Operations Conifer and Midland are now utterly discredited. One appreciates that the Government do not want to intervene in the present conduct inquiries, but can we at least be assured that they are constantly pointing out to the police administration, with which they cannot of course intervene, their expectation that there will be a full calling to account of those who made these absolutely disastrous misjudgments and caused so much unfair discredit to so many hard-working and public-serving people? Can we at least have that assurance so that there is some movement to restore confidence in our otherwise quite excellent police force?
Baroness Williams of Trafford (Con)
Certainly the current proceedings are evidence that things are at least being taken forward. I appreciate that many noble Lords will feel very disgruntled about this, but several layers of scrutiny have been afforded to both Operations Conifer and Midland. The whole proceedings have been well scrutinised, but I still appreciate the frustrations of the noble Lord and other noble Lords.
Lord Morris of Aberavon (Lab)
My Lords, the Library has informed me that the report has not been made publicly available. Why not? Is it not time to finally remove the unproven stain on the character of distinguished servants of the state and for the Prime Minister, with the support of the leader of the Opposition, to grip the situation and instruct the Cabinet Secretary to take every administrative step to achieve this end?
Baroness Williams of Trafford (Con)
I think I just answered that question. As regards the IOPC publishing its investigation report, it would not be right to do so while there were ongoing legal proceedings. However, in due course it will be published.
Lord Lancaster of Kimbolton (Con)
My Lords, putting this case to one side, as a result of a number of unfortunate incidents there seems to be a general deterioration in trust between the police and the general public. This is an absolute tragedy, because every police officer I have ever met polices entirely for the right reasons and in the public interest. Can my noble friend say what steps she is taking to try to rebuild this level of trust, which is so essential if we are to effectively police?
Baroness Williams of Trafford (Con)
I wholeheartedly agree with my noble friend that trust has been diminished, certainly in the past couple of years. The death of Sarah Everard exemplified that lack of trust. I hope that getting Dame Elish Angiolini in to do the inquiry into the killing of Sarah Everard, the circumstances surrounding it and the police’s practices will go some way to restoring trust and confidence in the police.
Baroness Jones of Moulsecoomb (GP)
My Lords, can the Minister, now a privy counsellor, give us an update on the IOPC’s examination of Charing Cross police station, where a lot of protesters have now made reports that they were treated badly by the officers there, who also treated women very badly? For example, their names were not released so people did not know whether they were being held there and they were held longer than they needed to be—that sort of thing. Is it possible to have an update?
Baroness Williams of Trafford (Con)
The IOPC does not usually provide updates on its investigations, but certainly when it has completed its investigations, its reports are published.
Lord Cormack (Con)
My Lords, can I take my noble friend back to the Question asked by my noble friend Lord Lexden? I entirely endorse his personal comments about her, but the case of Mr Veale, who appears to have tarnished every office he has held and whose traducing of Edward Heath still remains on the record, really is extremely unsatisfactory. This should be properly investigated. For reasons I do not understand, we have heard constant refusals to have a proper inquiry into Conifer and Midland. We need one. It is not too late to have one now.
Baroness Williams of Trafford (Con)
I am afraid that I must disappoint my noble friend by telling him that we do not have any plans to commission a review of either the conduct of the investigation into the allegations made against Sir Edward Heath or the findings of that investigation.
Lord Pannick (CB)
My Lords, the Minister has emphasised that there is an ongoing inquiry into the conduct of Mr Veale. Does she accept that, in many areas of public and private life, persons against whom serious allegations are made are suspended from their office, employment or other contributions to public life while an investigation is conducted? Why is that not happening here?
Baroness Williams of Trafford (Con)
I understand that, having been appointed as the Cleveland chief constable in March 2018, Mr Veale resigned in January 2019 following the allegations that he had behaved inappropriately and acted in a discriminatory manner.
Lord Hunt of Wirral (Con)
I want to ask my noble, and now right honourable, friend one simple question: will anyone ever be held to account for Operation Conifer? As my noble friend pointed out, it was a grotesque witch hunt against Sir Edward Heath—a public servant of the highest integrity—conducted by someone who is now deemed by the IOPC to have a case to answer for gross misconduct, with a legal hearing pending against him. Will anyone ever be held to account?
Baroness Williams of Trafford (Con)
My Lords, Operation Conifer has been subjected to extensive scrutiny by its own independent scrutiny panel, two reviews by Operation Hydrant, in September 2016 and September 2017, and a review in January 2017 by HMICFRS. We have talked about the Independent Office for Police Conduct; it has also considered specific allegations relating to the former chief constable.
Nationality and Borders Bill
Baroness Williams of Trafford ExcerptsWednesday 2nd March 2022
(2 years, 8 months ago)
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Lord Coaker (Lab)
My Lords, I also support Amendment 52, which the noble Lord, Lord Paddick, has just moved. As I said in Committee, it is a particularly important amendment. It is one where the Government will agree with the principle if not the practicalities of actually doing it. We all want to tackle the traffickers and the people smugglers but the Bill lacks any reference to that, a lot of the time. It is almost that it is a given. There is a lot of emphasis on changes to the law with respect to refugees and asylum seekers but not much in respect of traffickers. I think that is what Amendment 52 seeks to do.
The focus also is on security co-operation around the channel, increasing international and domestic prosecutions of people smugglers and interrupting the smugglers’ business model by preventing their crimes. On security and international co-operation, again the Government will say that they are seeking to do that but clearly, if we are to deal with the problem of channel migration and the crossings, there will have to be closer co-operation between France and the UK and between others in Europe and the UK. Amendment 52 seeks to push to the Government to say more about this.
Requiring the Home Secretary to come with updates every three months on what is actually being done to prevent these dangerous crossings and tackle the perpetrators would be of interest to us all. Something clearly needs to be done because, as I think the noble Lord, Lord Green, mentioned earlier, the situation, whatever the rights and wrongs of it, has gone from “a few” to “quite a few” to “a significant number” of people making the crossing. Whatever the Government are doing, it is clearly not working.
I have retabled Amendment 61. I am not going to push it to a vote, but the Government said a lot about it, saying, “Of course we agree with it, of course there shouldn’t be a situation where people traffickers and smugglers can actually advertise on social media to attract people to come to them in order to traffic them across the channel or wherever”. It is clearly ridiculous. I want to push the Government again to say what more they are thinking of doing to tackle that issue, which is clearly unacceptable to us all. Something needs to be done about it.
The Government have got themselves into something of a mess on the issue of “for gain”. We are having to debate whether a vessel that goes to save lives at sea needs a defence because, officially, it would be committing an offence. The words “for gain” target the offence on people smugglers and criminal gangs who do this on a regular and dangerous model, not on the captain of a ship who goes to the assistance of people at risk of drowning. We believe that “for gain” should remain part of the offence. It would be interesting to hear from the Minister how that has been clarified to protect anybody at sea who seeks to prevent life being endangered at sea. Something should be done about that and there needs to be clarification from the Government to provide certainty.
Amendment 62 seeks to ensure that nothing can be done in a way in which lives at sea are endangered. That is why we have tabled that amendment. I am grateful to the noble Baroness, Lady Jolly, for her work and support on that. Schedule 6 is where clarification is needed, because quite extensive powers have been given, including the power to stop, board, divert and detain. All of us would like more clarification on how that will take place. What does diversion mean and how is it going to happen?
In her response—I tried to ask this in Committee—can the Minister explain the difference between the MoD and the Home Office on this? The Home Secretary said that pushback was still government policy, although she did not call it that, but James Heappey MP as Defence Minister said it was not government policy and that the MoD would not do it. We all need to know: if we are giving these powers, who is in control? The MoD is supposed to have operational control, as I understand it, but it is obviously not going to ram or push anyone around with a huge naval ship. Presumably smaller coastguard vessels will be used to do that. Can the MoD order a person to do so? How is that going to work and who do they report to—the MoD or the Home Office? Which has the ultimate sanction?
So what we are seeking to do with Amendment 62, although we oppose that part of the Bill in total, is put something in the Bill that simply says that you cannot act against or divert a vessel in a way that would endanger life. Putting that into the Bill is both necessary and sensible. With that, I support Amendment 52 in the names of the noble Lord, Lord Paddick, and myself.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank noble Lords who have spoken. I start with Amendment 52, from the noble Lord, Lord Coaker, on the issue of people smuggling. I am glad to be able to talk about this topic, because it is at the heart of the many problems in this area.
The UK takes smuggling and irregular migration seriously and is absolutely committed to tackling organised immigration crime in all its forms. We work closely with near-neighbour countries such as France, Belgium and the Netherlands, and key international partners beyond Europe, to address this exploitative crime and tackle smuggling networks. To tackle the threat, we have in place a multi-agency organised immigration crime task force that brings together law enforcement, border guards, immigration officials and prosecutors, to tackle organised crime groups involved in people smuggling. The task force is currently working with partners in some 17 source and transit countries.
Additionally, there are already agreements in place in order to tackle smuggling and irregular migration. For example, in November last year the Prime Minister signed an agreement with Belgium reaffirming the two countries’ close partnership and commitment to tackling shared threats such as serious and organised crime, including human smuggling. The two countries are committed to strengthening the legal framework for co-operation on our law enforcement agenda with a co-operation agreement and a focus on information exchange.
We are committed to working with France to maintain the security of our shared border, and to tackle illegal migration, and this relationship is long-standing, supported by the Sandhurst Treaty. Most recently, last year a bilateral agreement was reached between the UK and France. The UK pledged to make a further financial investment of approximately £54 million in 2021-22 to tackle illegal migration in small boats, and last year’s investment saw the French doubling the number of officers patrolling the beaches.
In and beyond Europe, we are working to exchange existing capability and co-operation internationally to disrupt organised criminal gangs and dangerous people smuggling routes. The joint political declaration between the EU and the UK, agreed in December 2020, noted the importance of good management of migratory flows, and the UK’s intention to engage in bilateral discussions with the most concerned member states to discuss suitable practical arrangements, including on asylum and illegal migration.
We maintain frequent contact with law enforcement partners both in the UK and abroad as part of our investigations into people smugglers, and these are often highly sensitive and complex. It would not be appropriate to provide commentary on cases, or place information in the public domain that might compromise operations or alert the would-be perpetrators to initiatives designed to thwart their criminal enterprises. I am sure that noble Lords understand that.
Addressing the organised crime groups that facilitate illegal migration remains a UK priority. In July 2020, the Home Secretary and the French Minister of the Interior signed an agreement to create a joint intelligence cell with the aim of cracking down on people-smuggling gangs. Last year, over 23,000 crossing attempts were prevented by French law enforcement and, since the UK-France JIC has been established, we have with France dismantled 19 small-boat organised criminal groups and secured over 400 arrests—quite often the things that people do not hear about.
I would like to stress again that the UK already has a number of safe and legal routes in place, and those in need of protection should claim asylum in the first safe country that they reach, rather than paying those smugglers for dangerous journeys with risk to life. All countries have a moral responsibility to tackle the issue of illegal migration and it is fundamental that our international partners engage with us to enhance our current co-operation. We continue to highlight the importance of having effective returns agreements to deter people from making unsafe crossings.
The agreements currently in place with near neighbours reflect this, and the amendment will not help the Government’s continued efforts to tackle these crimes. In fact, it might hinder or stall the fruitful and open dialogue on these issues between the UK and its international partners, many of whom would not agree to their discussions and domestic activity aimed at reducing people smuggling being published to a domestic audience.
In summary, I cannot support the amendment, because it is not appropriate to provide a running commentary on the actions that are being taken to tackle people smugglers, and I am sure that the noble Lord knows that. Much of it is sensitive activity, operational and based on intelligence sharing, with the aim of protecting vulnerable people.
Turning now to Amendment 59, our purpose in removing mandatory proof of gain from this offence is to more readily target people smugglers, where organised crime gangs will conceal their tracks and make it as difficult as possible to prove that they are getting financial gain to the standard required for a successful prosecution.
Let me provide an example. A suspected facilitator was detected at Heathrow Airport with passports concealed on his person and in his baggage. A short time later, an undocumented female of the same nationality and coming off the same flight claimed asylum. Her appearance matched that of the image on one of the concealed passports. The suspected facilitator had £1,400 on his person, which was seized under PoCA 2002. A search of his home address resulted in many additional travel documents being found, along with approximately £3,500. The facilitator refused to answer questions. Despite the strong circumstantial evidence, it could not be established that the money was directly linked to the female asylum seeker’s facilitation and so, without being able to prove “for gain”, the prosecution could not proceed.
Lord Coaker (Lab)
Before the Minister sits down, can I say two things? First, I thank her for her reply about the MoD and the Home Office working together; we look forward to seeing how that works out. Secondly, she gave a very helpful answer on Amendment 61, but can she ensure that all the laws she laid out are enforced?
Lord Kerr of Kinlochard (CB)
Is the Minister sure that it is undesirable to include Amendments 62 and 63? Her arguments were all about whether it was necessary or not. The French say that if something goes without saying, it is always better said. It seems to me that Amendments 62 and 63, in the Minister’s view, are unnecessary. She is probably right, because I cannot see the Border Force or the Royal Navy behaving in a rash way. But would it not be better—would it not be desirable—to have it on the statute book that we will respect maritime law and will not risk lives at sea?
Baroness Williams of Trafford (Con)
I have just explained why not.
Can I say something at this point? The noble Lord, Lord Paddick, and the Whip have pointed this out. Generally, after the Minister has spoken, the person who moved the amendment can ask questions of elucidation, but it is not generally the case that people who have not spoken in the debate then stand up and start adding to it. I know the noble Lord, Lord Kerr, is going to be cross with me yet again, but this has been quite a long and arduous process, and it would be helpful for the House if the Companion were to be followed.
Lord Paddick (LD)
My Lords, to follow up on that point, my understanding is that anybody is entitled to ask a question of clarification on something that the Minister has said but not to engage in debate, which is allowed in Committee but not on Report.
I thank the noble Lord, Lord Coaker, for his support and the Minister for her comprehensive response on these amendments. As I anticipated, the Government want to hide behind tipping off people smugglers as to what the Government are doing to tackle the problem. But how do we hold the Government to account if we do not know what is happening, as far as Amendment 59 is concerned, on the issue of “for gain”?
I understand the example the Minister gave of the chap who had money in his wallet, and so forth. One understands that prosecutions are not always possible, and at least the money was recovered. But there is a defence once charged in the Bill; there is not immunity from prosecution. So, somebody who comes across a sinking dinghy in the channel and rescues the asylum seekers could be subject to a prolonged investigation. The Minister talked about a full examination of the circumstances. It does not prevent the person being arrested, potentially, and being held either on police bail or under investigation for a long period to examine the circumstances. The defence in the Bill is only once charged.
Lord Paddick (LD)
My Lords, the Bill does two things. It criminalises and treats genuine refugees as second class if they arrive via a so-called safe third country. Also, this clause potentially criminalises everyone who arrives in the UK to claim asylum even when they have flown directly to the UK. It effectively criminalises all asylum seekers arriving in the UK unless they have been resettled through a government scheme—resettlement schemes that range from few and far between to non-existent.
From what the Minister said in Committee, I understand that the idea of the clause was to ensure that migrants crossing the channel in small boats who were rescued and brought to the UK could still be prosecuted, even though they had arrived legally. She said that the new offence would cover all claimants
“who arrive without the necessary entry clearance.”—[Official Report, 8/2/22; col. 1512.]
Someone who secures a visitor visa, for example, flies non-stop to the UK and claims asylum at the UK border would be guilty of an offence because their entry clearance was only to visit, not to claim asylum and stay permanently.
The Minister tried to reassure the House that this was not the Government’s intention, that the offence was intended to be prosecuted in only the most egregious cases and that the Government would be talking to the CPS. There are two issues with this. First, as the noble Baroness, Lady Chakrabarti, said in Committee, this is the very definition of an overbroad criminal offence that relies on the offence being prosecuted in only a subset of cases. The second issue is the potential for government interference with the independent Crown Prosecution Service. The next thing will be the Government telling the CPS to prosecute some political activists and not others. This is a very dangerous road to go down.
Amendment 55, in the names of the noble Lords, Lord Coaker and Lord Blunkett, to which I have added my name, would remove the offence of arriving in the UK without valid entry clearance from the Bill. We will vote with the noble Lord, Lord Coaker, when he divides the House.
Baroness Williams of Trafford (Con)
I thank both noble Lords for speaking to these amendments. I have listened carefully to the arguments raised by the noble Lords, Lord Coaker and Lord Paddick, and I appreciate the reasoning behind the amendments in their names, but I remain convinced that we must have offences which apply to arrival in the UK in addition to those of entry.
I cannot overstate that the differences between the terms “entry” and “arrival” are fundamental to how offences are identified and prosecuted. The definition in Section 11 of the Immigration Act 1971 concerning entry is based on assumptions that no longer address the methods that have emerged for migrants to evade our border controls.
It might help if I explained the effect of the amendment and the consequence of not getting it right. I remind the House that the Court of Appeal has held that an asylum seeker who merely attempts to arrive at the frontiers of the United Kingdom to make a claim is not entering or attempting to enter the country unlawfully in accordance with the definition of “entry” in Section 11. This means that individuals who step foot in the UK because their small boat was rescued by Border Force do not “enter” the UK in the technical sense. They simply “arrive”. Where there is no unlawful entry or attempt at entry, the unscrupulous people smugglers sending people across the channel in unseaworthy vessels that require rescue cannot be held to account for facilitating a breach of immigration law.
Amending these offences to refer to “enters” rather than “arrives in” renders them unworkable. It is wrong that an individual and those facilitating their journey should be able to evade sanction by allowing themselves to be intercepted and brought to shore. It encourages individuals to unnecessarily endanger themselves and others by travelling in small craft wholly unsuitable for the crossing.
If there is no offence of illegal arrival and if, as proposed in Amendment 58, this is not added as a breach of immigration law for the facilitation offence, then we will have practically eroded our ability to prosecute any people smugglers who are involved in risking migrants’ lives by putting them into small inadequate boats.
It is right that we should ensure that the tools exist to deter and prevent these actions for the good of all. We must provide the CPS with the ability to prosecute appropriate cases when in the public interest, so Clause 39 must refer to both those who enter the UK and those who arrive in the UK. I appreciate the concerns raised but am convinced that the proposed amendments, if accepted, would give only comfort to those who exploit and persuade people to make the perilous and unnecessary journey across the English Channel.
The noble Lord, Lord Paddick, made a point about interference with the CPS. That is not the case. An MOU between immigration and the CPS has been updated and will be published. With those words, I hope that noble Lords will be happy not to press their amendments.
Lord Coaker (Lab)
I thank the Minister for her reply. It was interesting in that reply, with respect to Amendment 55, that the whole raison d’être for the change to established immigration and asylum practice in this country is that the Government have lost control of migration across the channel. Panic has broken out, measure after measure has been tried, yet the numbers keep going up, and the public pressure to do something about it keeps going up. The Prime Minister has complained to the Home Secretary about it, so they have come up with a new measure which drives a coach and horses through the established procedures we have, has far wider implications than the channel, and affects every potential asylum seeker who enters the UK at the moment. That is why it is completely unsatisfactory to change things on the basis of what is happening, so I wish to test the opinion of the House.
Lord Paddick (LD)
My Lords, we support this amendment—I have added my name to it. The only question I have in addition to what the Minister has been asked so far is whether it is right that somebody who has been raped and who comes forward to the police as a victim, although she may not be subject to immigration control while a prosecution is ongoing, as soon the case is finished, she could be deported from the country because the police, at the end of the case, will share that victim’s immigration status? Can the noble Baroness not understand that victims are not going to come forward and report dangerous criminals who have raped them if that is the threat?
Baroness Williams of Trafford (Con)
My Lords, I understand the sentiment behind this amendment, which is to ensure that migrant victims of crime come forward to report that crime to the police and are not deterred from doing so because of concerns that immigration enforcement action might be taken against them. Our overriding priority is to protect the public and all victims of crime, regardless of their immigration status. Guidance issued by the NPCC, updated in 2020, makes it clear that victims of crime should be treated as victims first and foremost.
The NPCC guidance provides that police officers will not routinely search police databases for the purpose of establishing the immigration status of a victim or witness, or routinely seek proof of their entitlement to reside in the UK. Also, police officers must have grounds to suspect that a person does not have legal immigration status and must give careful consideration, on a case-by-case basis, to what information to share with the Home Office and when. The reasons for sharing information must be recorded and the victim advised what has been shared and why.
There can be benefits to sharing information as it can help to prevent perpetrators of crime from coercing and controlling their victims because of their insecure immigration status. Providing the victims with accurate information about their immigration status and bringing them into the immigration system can only benefit them. This amendment would prevent that.
It might help noble Lords if I gave one example of the negative effect of the amendment. The referral of information about a migrant victim or witness enables the Home Office to provide information on Home Office systems to assist the police and other authorities to establish vulnerabilities and safeguarding needs and to assess whether the migrant might be eligible to qualify for leave under the Immigration Rules or bespoke routes. Securing immigration status may allow eligible migrants access to a range of benefits, including health and housing provisions. There are several bespoke routes available to migrant victims and witnesses of crime which enable eligible individuals to regularise their status.
Under this amendment, the Home Office could not lawfully process any applications or requests for relief from enforcement action where details of the crime reported are relevant to those applications or requests, because the applicant’s personal data cannot be used for an immigration control purpose. The noble Lord, Lord Paddick, talked about rape, and examples would include applications or requests made for the destitute domestic violence concession, the foreign witness policy or the immigration enforcement migrant victim protocol, which is due to be introduced later this year.
I know that is not what the sponsors of the amendment had in mind, but, were it to be added to the Bill, that would be one of the effects. More broadly, noble Lords will understand that the Government are duty bound to maintain an effective immigration system to protect our public services and safeguard the most vulnerable from exploitation because of their insecure immigration status.
I have previously said that we need to focus on ensuring that victims with insecure immigration status can access the support they need, and that is the priority. Despite the best intentions, this amendment does not achieve the outcome it seeks. The question of leave to remain is inextricably linked to the conditions attached to that leave, so it is impossible to waive the no recourse to public funds condition in isolation from consideration being given to a person’s immigration status. What is more, it has been a long-standing feature of the immigration framework operated by successive Governments that only those with settled status should have access to public funds.
The public rightly expects that individuals in this country should be subject to our laws, and it is right that those with irregular immigration status are identified and that they should be supported to come under our immigration system and, where possible, to regularise their stay. We regularly help migrant victims by signposting them to legal advice to help regularise their stay.
This is the wrong amendment at the wrong time. If adopted, it would prevent victims obtaining the support they need, whether under the DDVC or other routes such as seeking asylum. I hope, on the point from the noble Lord, Lord Coaker, about listening, that the noble Lords have listened and reflected carefully on the unintended consequences of their amendment and will agree to withdraw it.
Lord Coaker (Lab)
Having listened carefully to the Minister, particularly about it being the wrong amendment at the wrong time, I will withdraw the amendment. But just let me very quickly say that, whatever the rights and wrongs of the amendment, and whatever the rights of the wrongs of what the Minister has just said, there is a very real problem out there of people who are victims of crime who are terrified of going to the police or the authorities because of fear of their immigration status. Whether that is right or wrong, that is the reality of the situation. I know the noble Baroness knows that. There is a problem that needs fixing. If the amendment is not the right way of doing it, we need to find another way of building that trust so that we do not have victims who are frightened to come forward to the authorities. With those few remarks, I beg leave to withdraw the amendment.
Nationality and Borders Bill
Baroness Williams of Trafford ExcerptsWednesday 2nd March 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 82-R-II(Manuscript) Amendment for Report (Supplementary to the Marshalled List) - (2 Mar 2022)
Lord Etherton (CB)
My Lords, the provisions for an admissible asylum claim, where there is a connection —as defined in new Section 80B, which is to be inserted into the 2002 Act—are quite plainly contrary to the refugee convention and a breach of the UK’s obligations under it. In particular, the conditions in new Section 80C(4), which is where a claim could have been made to a third state—the claimant was present in a state eligible to receive and offer a safe space for him or her—and new Section 80C(5), where the claimant should have made a claim to a safe third state whether or not he or she had ever visited or been associated with it, are both plain breaches of the convention and find no place in its wording.
Condition 4 in new Section 80C is really another way of stating the coming directly from the country of persecution requirement in Clause 11 and Clause 36(1). On Monday this House rejected the Government’s interpretation of Article 31 of the convention in relation to that requirement, by rejecting Clause 11 as part of the Bill. With regard to condition 5 there is nothing whatever in the convention to justify rejecting as inadmissible a claim to asylum by a refugee as defined by the convention in the circumstances specified there. The only explanation, or example, given in the Explanatory Notes, is where the asylum seeker has close family members in the safe third country, whether or not there is another connection of any kind whatever.
Both these conditions are a rewriting of the convention and not a legitimate interpretation of it. The fact that Clause 15 provides, in new Section 80B of the 2002 Act, that a decision that a claim is not admissible because of an asylum seeker’s connection to a safe third state is not subject to a right of appeal, makes Clause 15 an all the more egregious breach of the convention. There is, in effect, no legal redress for the refugee if the Secretary of State has declared the asylum claim inadmissible under the proposed safe third state provisions.
Logically this leads to the conclusion that Clause 15 should be left out of the Bill. I am content, however, to support the alternative approach of the noble Lords, Lord Rosser and Lord Paddick, in Amendment 32, which is to fix a start date for the Clause 15 provisions if a formal returns agreement has been reached between the United Kingdom and a third state to which it is said the asylum seeker has a connection.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank noble Lords for their contributions. I say at the outset that the Government have been consistent and clear about their belief that people who require international protection should claim asylum in the first safe country they reach, rather than make dangerous and unnecessary journeys to the UK to claim asylum here.
Inadmissibility processes, in particular the first safe country principle, are well established, both in the UK, through long-standing measures in the Immigration Rules, and internationally, including as part of the Common European Asylum System. For example, the procedures directive recognised at recital 22 that
“Member States should not be obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to that country.”
An overriding objective of these processes is to prevent secondary movements by those who have already reached safety. By definition, that is not about denying safety to those who need it but about having rules which aim to reduce unnecessary travel across borders by those who are already safe.
Amendment 31 seeks to remove third-country inadmissibility powers from primary legislation altogether. It would weaken our ability to deploy inadmissibility processes appropriately and decisively within a strong legal framework, and with that, erode our ability to deter unsafe migration and focus our resources on those most in need of our help.
We are confident that the measures in Clause 15 are fair, appropriate and fully in line with our international obligations. The clause sets out the strict circumstances in which a person’s behaviour or circumstances could lead to inadmissibility action. It requires decision-makers to take account of exceptional mitigating factors that may apply when considering those circumstances. It sets out minimum criteria that must be met by any country before it can be regarded as a safe third country of return, including it being one where a person would not be at risk of persecution, would not experience a breach of Article 3 ECHR rights, and would not be sent to another place where they would be persecuted.
The primary protection afforded refugees under the refugee convention and its protocol is non-refoulement, including no onward refoulement. It is therefore clear that non-refoulement is the primary requirement of “safety”. The same is true for protection afforded under Article 3 of the ECHR. Furthermore, an individual may not meet the definition of refugee under the convention but still require protection. A state may still be safe for them where they will not be refouled, even though they are not a refugee. Therefore, our criteria for determining whether a country is safe, and for subsequently making a claim inadmissible, upholds the UK’s obligations under international law.
Nothing in Clause 15 requires extensive delay in processing inadmissibility decisions. It is right that we consider inadmissibility action and, where appropriate, seek the agreement of the relevant third country, or countries, for the person’s admission there. In some cases, particularly where we are reliant on case-by-case requests to partners, this may take some time, but we have not operated, and will not operate, the inadmissibility system in a way that puts someone in indefinite limbo, as the noble Lord, Lord Paddick, talked about—able to access neither the asylum system in the country of proposed removal nor the UK system. That would be contrary to the object and purpose of the refugee convention. Our existing processes, which Clause 15 strengthens, are clear that where return cannot be arranged within a reasonable period, the person’s claim would be admitted to the UK asylum system for substantive consideration. That ensures compatibility with the refugee convention.
Individuals will have an opportunity to explain their actions and circumstances prior to claiming asylum in the UK, and that explanation will be carefully considered in deciding whether an inadmissibility decision is appropriate. They will also be able to make representations on why any safe third state is not safe in their particular circumstances. Any decision to declare a claim inadmissible and remove an individual will be subject to the standard principles of public law, including rationality. The inadmissibility provisions are therefore compatible with the refugee convention. For these reasons, I do not agree with the amendment seeking to leave out the clause.
Turning to Amendments 32 and 86, as we have stated on previous occasions, the UK-EU joint political declaration made clear the UK’s intention to engage in bilateral discussions with the most concerned member states to discuss suitable practical arrangements on issues around asylum and illegal migration. We continue to do that with EU member states on these issues. We have been clear that formal agreements, though valuable, are not the only way in which an inadmissible asylum seeker may be accepted for removal by a safe third country. I think it is right to seek removals on a case-by-case basis where appropriate and, with the consent of the relevant country, make that removal. This approach has formed part of our inadmissibility process since the changes to the Immigration Rules in December 2020—and, until the Bill’s provisions come into force, we will continue to rely on the Immigration Rules.
The structure of case-by-case removal arrangements will not be uniform for each country of removal. A wide range of factors will still affect the formality and administration around such removals, not least the diverse organisational structures in place in the third country, the levels of centralised and decentralised decision-making, and other circumstances that may be specific to the individual. These arrangements will inevitably vary, but the framework in which cases are considered, within which third countries are assessed for safety and claimants are progressed to removal, will not. We have a clear and consistent approach to these fundamental and important issues, and we stand by our international obligations.
I do not agree that these provisions are unworkable without formal agreements in place. We aim to make the process work as a whole and to return people where appropriate. Where it becomes clear that an individual cannot be removed to a safe country, either because we do not have formal returns agreements in place or because a case-by-case removal cannot be agreed within a reasonable period, the individual’s asylum claim will be considered in the UK. To go back to the assertion made by the noble Lord, Lord Paddick, I say that this will ensure that we do not keep people in limbo, in accordance with our obligations under the refugee convention. I do not think this amendment is required and ask that it be withdrawn.
Lord Paddick (LD)
Before the Minister sits down, can she clarify? She insists that the Government’s intention is not to put asylum seekers into indefinite limbo; in other words, if the Government attempt to send them back to a safe third country and fail to do so, at the moment there is a six-month time limit on that. Can the Minister confirm that there is nothing in the Bill to prevent an indefinite status of limbo?
Baroness Williams of Trafford (Con)
Given what I have already stated about an indefinite state of limbo, surely the Minister’s words would have some sort of weight. I have also said that any decision to declare a claim inadmissible and remove an individual will be subject to standard principles of public law, and that we will consider their obligation within a reasonable time.
Lord Rosser (Lab)
I thank the noble Lord, Lord Paddick, and the noble and learned Lord, Lord Etherton, for their contributions to the debate. I also thank the Minister for her response. I appreciate that there are two amendments down: one takes the clause out and the other seeks to amend the clause to provide for safe return agreements to be put in place. I appreciate that other noble Lords can ask for a vote, but I will not be seeking a vote on taking the clause out. Instead, I intend to seek a vote on the amendment we have put down.
Baroness Williams of Trafford (Con)
My Lords, I thank all noble Lords who have spoken in this debate. I thought it might be helpful, although we will be dealing with this in further groups, to start off about Ukraine and our support for our friends and colleagues there. I know that things are moving quite quickly, and noble Lords may not have caught up with the latest, so I thought it might be helpful to outline it.
We are establishing an expansive Ukrainian family scheme that will allow British nationals and settled people in the UK to bring a wide group of family members to the UK, extending eligibility to adult parents, grandparents, children over 18, siblings and their immediate family members. We are committing to establishing a humanitarian sponsorship pathway, which will create a new route to the UK for Ukrainians. These will be fee free; no fee will be required for any of the elements of the packages we are offering.
In terms of other support, we have extended visas for Ukrainian temporary workers in some sectors so that they can now stay until at least 31 December 2022, if they cannot return to Ukraine. We are providing £40 million-worth of humanitarian support to provide Ukrainians with access to basic necessities. This will be on top of the £100 million-worth of ODA funding that has already been pledged for energy, security and reform.
We have deployed a team of UK humanitarian and military logistics experts to the countries neighbouring Ukraine. We have called on Russia to enable humanitarian access and safe passage for civilians to flee the violence. We also have 1,000 troops on standby to support the humanitarian response in the region. We stand ready to further support Ukraine’s economy through £500 million- worth of multilateral development bank guarantees. I think that demonstrates that we are trying to do everything we can to help our Ukrainian friends and colleagues.
Before I turn to the amendments, I will update the noble Baroness, Lady Lister, on the letter. I will not assert that it was sent at 3 pm, but that is my understanding. Given my record on letters in this place, I know that the noble Baroness will come back to me if she has not received it—
The Lord Bishop of Durham
I say to the Minister that 3 pm today is far too late for this debate, and we have not received it.
Baroness Williams of Trafford (Con)
I do not deny that 3 pm is too late, but that was my understanding. I will chase it, if indeed it did not go. I am glad I did not assert that comment, because I have been proved—
Baroness Stowell of Beeston (Con)
My Lords, it may assist my noble friend to know that I have received the letter.
Baroness Williams of Trafford (Con)
I am so pleased that my noble friend has been able to confirm that to me. I was just trying to be helpful.
In terms of these amendments, I will remind noble Lords from the outset that changes within Clause 28 via the schedule do not enable overseas asylum processing. The final arrangements will depend on our negotiations with like-minded partners. The arrangements will of course be compatible with our domestic and international obligations—this goes to the point made by the noble Baroness, Lady Jones of Moulsecoomb. On the face of the Bill, we set out the requirements a state must meet for us to remove a person with a pending asylum claim there.
I turn now to the amendments. Changes within Clause 28 via Schedule 3, which the noble Lords, Lord Paddick and Lord Rosser, and my noble friend Lord Kirkhope propose, relate to two policies. The first is to improve our ability to remove individuals with no right to remain in the UK to safe third countries. The second supports our future objective of enabling asylum processing overseas by making it possible to remove someone overseas while their asylum claim is pending and without having to issue a certificate under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 in every case. I will now consider each policy in turn.
At the moment, it is too easy for removals of individuals with no right to remain in the UK to be delayed as a result of speculative, and in some cases unfounded, Article 3 human rights claims. The changes we propose will ensure we continue to adhere to our obligations under the ECHR, while preventing unnecessary delays to removal. The introduction of a rebuttable presumption that an individual’s rights under Article 3 will not be breached in certain specific safe countries, upon their removal there, is intended to prevent speculative, unfounded human rights claims from delaying removals—although individuals will be able to present evidence to overturn this presumption to prevent removal. It will also make changes to simplify the current legislative drafting in relation to asylum claim appeals, although the effect remains the same: an individual has no right of appeal against the decision that removal to the specified countries would not breach the UK’s obligations under the refugee convention. I cannot support Amendments 36 and 39 which, perhaps unintentionally, block these important improvements to our ability to swiftly remove individuals who have no basis to remain in the UK.
As I made clear in Committee, we are currently undertaking discussions with like-minded partners which seek to establish overseas asylum processing. This policy is novel and has garnered significant attention as a result. The fact that discussions are ongoing means that I cannot give any particulars on how the process would work or how the costings would pan out. Many of these matters are for the negotiating table. I will reiterate that this policy will only ever be operationalised in accordance with our international obligations. We are committed to ensuring that overseas asylum processing is both humane and safe, taking into account circumstances which may mean that overseas processing is not appropriate for particular individuals.
For far too long, we have allowed people smugglers to decide where and how people cross borders and claim asylum. These uncontrolled and unsafe routes have led to terrible tragedies off our shores—as we have all seen. The key aim of the Government is to destroy the business model of the people smugglers. One facet of achieving this is to reduce demand for smugglers’ services by making it easier to remove individuals who undertake dangerous journeys or otherwise abuse the asylum system. We believe that access to protection in the UK should be based on need and focus primarily on people who remain in regions of conflict.
My noble friend Lady Stroud and the noble Lord, Lord Rosser, talked about Australia to this end, and I will illustrate the point. The Australian high commissioner gave evidence on 23 September 2021 in which he clearly explained that, within 9 months of Operation Sovereign Borders, flow had
“ceased completely. Since then, there has not been a single irregular maritime arrival on Australia’s shores, as far as we can tell.”
The high commissioner stated that the most important thing was to
“drive the people smugglers out of business by depriving them of a product to sell and destroying their cash flow.”—[Official Report, Commons, Nationality and Borders Bill Committee, 23/9/21; cols. 76-78.]
That is a very clear message, and it is precisely what the new plan for immigration is designed to do.
The agreements that we are pursuing will have these principles at their core. They will be based on a shared commitment to finding fair and sustainable solutions to address global migration challenges, and to protect the most vulnerable. We are working to establish an effective, functioning system which provides protection to those in need while simultaneously preventing abuse.
Noble Lords will want to know who will be removed overseas for asylum processing and who will be exempted from this. Some noble Lords have already referred to the fact that, in the other place, my right honourable friend Minister Pursglove made clear that unaccompanied asylum-seeking children would not have their claims processed overseas. This demonstrates our commitment to safeguarding and promoting the welfare of children, as expressed in Section 55 of the Borders, Citizenship and Immigration Act 2009. This is one example of how this policy will only be operationalised in accordance with our domestic and international obligations—and, of course, there are other examples.
After a fuller consideration of issues pertaining to vulnerability, we have determined that we should not be drawn further into listing particular exemptions to removal, partly because exemptions depend on the particular circumstances of the countries with which we are working. More importantly, however, being definitive about exemptions from the policy at this stage is likely to hamper its potential to be effective and would incentivise people smugglers to target the most vulnerable in the hopes of keeping their operations viable. It is essential that we do not curtail our efforts to undercut the business model of people smuggling and discourage other dangerous or unwanted behaviours by eroding the policy before it has even begun.
Lord Paddick (LD)
On a point of clarification, the Minister said that the Minister in the other place had given an undertaking that children would not be offshored under this scheme. Does that mean that if a family arrives on UK shores the parents of the child could be sent overseas—offshored—while the child remained in the UK, because of that undertaking?
Baroness Williams of Trafford (Con)
I thought that I had made it clear that unaccompanied asylum-seeking children would not be offshored.
The Lord Bishop of Durham
Can we be absolutely clear: the Minister is not saying that children could not be offshored if they are members of a family?
Baroness Williams of Trafford (Con)
I have gone as far as I am willing to go by confirming that unaccompanied asylum-seeking children would not be subject to offshoring, but on some of the wider vulnerabilities it would be wrong to be drawn at this point.
Baroness Lister of Burtersett (Lab)
I have been trying to read the letter on my phone, but it did not arrive until after 4 pm and the Minister’s office did not have the courtesy to reply to my email. If I had had the letter at 3 pm I would have been able to read it. So I may have missed this, but I am not clear—and I apologise if the Minister explained this right at the very end—what happens to an asylum seeker who has been offshored, a horrible term, and is deemed to have refugee status by whatever country they have been sent to. Will they be sent back to the UK, or not?
Baroness Williams of Trafford (Con)
My Lords, it would depend on the circumstances of the case.
Baroness Stroud (Con)
My Lords, it is clear that a number of very serious outstanding questions about this policy need to be answered before we can give the Government these powers. In response to the point made by the noble Lord, Lord Horam, I agree that it is right to explore every possible policy, and that some of them will turn out to be impractical—or even, as he stated, impossible. But that process is undertaken before you bring in legislation and take powers like this: you do not bring in the legislation and then work out whether it is impractical or impossible. So I believe it is right to test the will of the House on this policy.
Baroness Williams of Trafford (Con)
My Lords, I thank all the noble Lords who spoke in this debate. To take the point made by the noble Lord, Lord Coaker, I sometimes wish that people would listen to the points I make, but sometimes, because it is politics, they choose not to.
On Amendment 47, which relates to refugee family reunion, we have a comprehensive framework to manage cases that fall outside our rules. For example, refugees can sponsor children aged under 18—including siblings, nieces and nephews—to come here where there are serious and compelling circumstances, and there is further discretion to consider any other familial relationship as necessary. As part of the 2021 safe and legal routes review, we sought to clarify in our Immigration Rules which exceptional circumstances may be engaged for children whose applications are being considered outside the rules. This will bring further consistency and transparency to our policy.
Regarding allowing child refugees to sponsor family members under this new clause, I cannot stress enough the objectionable consequences this could create. It risks incentivising more children to be encouraged, or even forced, to leave their family and risk hazardous journeys to the UK, playing into the hands of criminal gangs who exploit vulnerable people, which goes against our safeguarding responsibilities. I know that noble Lords would not want to see that outcome.
I thank the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Dubs, for tabling Amendment 48, which is about safe routes for those seeking to claim asylum in the UK, including unaccompanied children, to travel from countries in Europe to join family in the UK. I know that the noble Lord, Lord Kerr, and the noble Baroness, Lady Ludford, also support this proposed new clause, but I cannot. It tries to create a scheme similar to the EU’s Dublin regulation in UK law with respect to those who are in a European country but have family members in the UK. However, unlike the Dublin regulation, where the asylum claim is initially made in the EU country they are in, this new clause attempts to introduce a route for those who are in safe European countries to come to the UK to claim asylum.
On the Dubs scheme, we did not end it; we completed what we set out to do, which was to take 480 children under the Dubs scheme. On family reunion under Dublin, noble Lords will see in the table I sent the noble Lord, Lord Dubs, and which I distributed to all Members of your Lordships’ House, that Dublin had about a tenth of the number of our refugee family reunion scheme over a similar period. The noble Lord also talked about the Safe Passage cases. I understand that the Home Office asked him to send details of them. We would be very happy to receive them should he see fit to send them.
In response to the noble Lord, Lord Kerr, noble Lords will be aware that the UK sought to negotiate on these matters, specifically for unaccompanied asylum-seeking children, but it was not possible to reach an agreement with the EU on family reunion. When the UK was seeking to raise these matters with the EU, our proposals had very clear safeguards for children. This new clause has none and fails to consider the individual needs of children, which raises significant issues. While the noble Lords who tabled the new clause might have good intentions, it is not drafted with a child’s interests as paramount. It creates entitlements to come to the UK to claim asylum if the individual has the specified UK relatives but does not consider whether this is in the unaccompanied child’s best interests. That is a really important fact. Neither does it consider whether the UK relative can actually take care of the child, nor does it involve any consideration of whether the child would be better placed with a relative, potentially an even closer relative, in another European state.
I cannot ignore the fact that this new clause would encourage asylum seekers, including vulnerable unaccompanied children, to make dangerous journeys to Europe to benefit from its provisions. By the same token, it would discourage asylum seekers, when in Europe, who wish to travel to the UK to interact with the care and support mechanisms or the asylum systems of those safe European countries which should provide them with the safety and protection they are entitled to under the same international legal obligations that the UK abides by.
I have been very clear that we will not consider a more favourable approach to family reunion in the Immigration Rules for those in the EU, including unaccompanied children, as opposed to those in the rest of the world who want to join family here in the UK. A single global approach to family reunion—as taken by our current refugee family reunion policy—is fair and does not encourage what are often dangerous journeys into Europe, facilitated by smugglers and traffickers. As I have said many times, European member states are safe countries with international obligations towards protecting asylum seekers and children, as we do here in the UK, affording all asylum seekers in Europe an opportunity to access the rights to which they are entitled.
The right reverend Prelate talked about community sponsorship and my articulated support for it. That does not diminish; I would like to see far more schemes develop here in the UK. He also linked it to the Ukraine humanitarian pathway. The two are not the same. I am sure we will get more detail on the latter in due course, but I think it is a really good idea.
I thank my noble friend Lady Stroud, on behalf of my noble friend Lord Kirkhope of Harrogate, for speaking to Amendment 49. The Government have time and again demonstrated their commitment to helping people in need of international protection. To date, our resettlement schemes have been non-legislative, operating outside of the Immigration Rules and on a discretionary basis. Operating in this way has effectively enabled us to respond to both protracted and emerging humanitarian crises and has seen us resettle over 27,000 vulnerable people since 2015. The noble Lord, Lord Green of Deddington, outlined why that was so workable in the Syrian context.
Last summer, the UK undertook the biggest and fastest emergency evacuation in recent history, helping over 15,000 people to safety from Afghanistan. The Government have recently opened, on 6 January, the Afghan citizens resettlement scheme, which will provide up to 20,000 women, children and others at risk with a safe and legal route to resettle in the UK. This scheme is in addition to the Afghan relocations and assistance policy, which has already seen over 8,000 people relocated to the UK, with an estimated additional 11,000 likely to be eligible to be relocated under this route. ARAP is neither time limited nor capped, which is a good thing.
Nationality and Borders Bill
Baroness Williams of Trafford ExcerptsMonday 28th February 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 82-R-I(Manuscript) Amendment for Report (Supplementary to the Marshalled List) - (28 Feb 2022)
“(1A) Schedule 1 also amends the British Nationality Act 1981 to allow the Secretary of State to treat a person who has indefinite leave to enter or remain as meeting certain residence requirements in relation to an application for citizenship under those sections.”Member’s explanatory statement
This amendment is consequential on the amendments to Schedule 1 in the name of Baroness Williams of Trafford.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I will aim to speak to all 11 amendments in my name, given that they touch on the same issue of requirements for citizenship applications. In doing so, I particularly thank the noble Baroness, Lady Ludford, both for raising this issue in previous debates and her willingness to meet me, along with the noble Lord, Lord Paddick, to explain more fully her concerns. The noble Baroness has retabled her previous amendment on this subject, and I will set out how measures that we are proposing will, I hope, address her concerns.
As noble Lords will know, the British Nationality Act 1981 set out the requirements for persons wishing to become British citizens based on a period of residence in the UK, be that through naturalisation under Section 6(1) or Section 6(2), or registration under Section 4(2). All three of those application routes have a number of residential requirements designed to demonstrate sufficient ties to this country. One is commonly referred to as “lawful residence”—essentially requiring that the applicant was not in breach of the immigration laws during the requisite residential period prior to the application.
For the majority of applicants this requirement causes no issues. However, as highlighted previously by the noble Baroness, it can lead to frustration for some people. While not restricted solely to those who hold indefinite leave to remain—also known as settled status—under the EU settlement scheme, this group serves well to highlight the problem. In particular, those individuals who had previously been resident here as students or self-sufficient persons were required to hold comprehensive sickness insurance under the EEA regulations. That they had not done so did not preclude their being granted indefinite leave to remain under the EU settlement scheme.
Many of that group understandably wish to progress to become British citizens. However, because they did not hold comprehensive sickness insurance, they technically were in breach of the immigration laws during their previous residence and fall to be refused in any application to become a British citizen. While the British Nationality Act allows for discretion around the lawful residence assessment, this can be applied only in the special circumstances of a particular case. Inevitably, that creates uncertainty for the applicant and may necessitate additional evidence to be supplied to justify the use of discretion.
The main thrust of these amendments is to resolve that impasse. Although not removing the lawful residence requirement itself, we aim to provide the Secretary of State with a much broader power to not even inquire into lawful residence for those who hold indefinite leave to remain. This is based on the simple fact that, for the vast majority of such individuals, any concerns about their immigration history will have been considered and addressed prior to any grant of indefinite leave. In other words, the immigration system, and reforms made since 1981, already demonstrate fulfilment of that requirement.
The amendments do not create an obligation to follow such an approach, but it is expected that it will be in only an exceptional case that we would not want to do so. An example of that might be where adverse information comes to light after indefinite leave has been granted and serves to cast doubt on the wisdom of that decision, but I stress that that would be an exception. The vast majority of people, to whom this does not apply—certainly those whom the noble Baroness has championed so ably—will be able to benefit from these changes.
Lord Coaker (Lab)
My Lords, we support much of what the noble Baroness, Lady Ludford, has just said and some of the questions she has put forward. No doubt, the Minister will respond to those questions. It has to be said that the Minister has come forward with some amendments that do improve the situation.
Can I just emphasise the important points the Minister made and clarify, in the light of the questions from the noble Baroness, Lady Ludford, that she said it would apply to all residents, not just EU residents? That is an important point that the noble Baroness, Lady Ludford, made, and the House needs further clarification on what “all”—not to be pedantic—actually means in these circumstances for clarity of legislation.
Having welcomed the step forward the Minister has clearly made, I think that what “exceptional” means is also important—so that the Secretary of State will not use the power to prevent somebody without CSI gaining citizenship other than in exceptional circumstances. The noble Baroness, Lady Ludford, again, is right to ask for greater clarity about how “exceptional circumstances” will be defined and whether there will actually be guidance that any future Home Secretary will have to take into account in determining whether leave to remain should be changed to a full citizenship status in the particular circumstances with which this group of amendments is dealing.
I thank the Minister for coming forward with those amendments and trying to meet many of the concerns that were raised in Committee and before. I look forward, with the noble Baroness, Lady Ludford, I am sure, to the answers to the important questions that have been raised, notwithstanding the amendments before us this afternoon.
Baroness Williams of Trafford (Con)
I thank both noble Lords for the points they have just made. I did refer to guidance in the points I was making in introducing. Yes, the guidance will make things clear.
In terms of “all”, “all” means all nationalities; the provisions will apply to all nationalities. I know the noble Baroness says this is a particular EU problem, but we are trying to make provisions that apply to all countries.
In terms of that point about “may” and “must”, “may” rather than “must” reserves the “may” for the most exceptional cases where it would not be appropriate to take that more generous approach. The provisions will be applicable to the vast majority of applicants, apart from those “may” applicants where a generous approach would not be appropriate—for example, criminality. I hope that explains it to the noble Baroness.
Baroness Ludford (LD)
I do thank the Minister for that reply. I am not absolutely certain. It may just be that I did not follow the detail, but I am not sure I quite heard that the guidance, apart from in the exceptional case of criminality, will say that the Secretary of State will always exercise her discretion in favour of EEA applicants by not inquiring about the CSI record of the people that it affected.
I have some understanding for what she said about people with a criminal record but, that apart, I should like to hear—perhaps I will not get this today—that the guidance will say that, in normal cases, for EEA nationals, there will always be a good outcome in disregarding a CSI gap. I am not sure that I have quite heard that. I do not know whether the Minister wants to clarify that now, or whether I should just accept—
Baroness Williams of Trafford (Con)
I cannot make an absolutist comment, but I was trying to explain to the noble Baroness that anyone in the normal run of things—other than, for example, serious criminality—would be caught by the government amendments.
Baroness Ludford (LD)
I thank the Minister for that further clarification. I think I have got as far as I am going to get—
“(b) in section 41(4), for “that section” substitute “section 41 of the British Nationality Act 1981 (regulations)”.”Member’s explanatory statement
This is a minor clarificatory amendment which is consequential on the amendments to the 2009 Act made by Clause 8(2).
“(1) Section 4 (acquisition by registration: British overseas territories citizens etc) is amended as follows. (2) ”Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 16.
Lord Rosser (Lab)
I think I am right in saying that until the noble Lord, Lord Paddick, spoke, all those speakers who had spoken against Clause 9 were noble Baronesses. I am not sure what the significance of that is, and I do not say that in any wrong way; I think it is a great credit to them. Like the noble Lord, Lord Paddick, I hope they will forgive me for intruding on their space.
Although we appreciate that the amendments tabled by the noble Lord, Lord Anderson of Ipswich, are certainly an improvement on Clause 9—I, too, would like to express my thanks to the noble Lord for all the work I know he has put in—as it stands, we do not feel the case has been made by the Government for why Clause 9, and deprivation of nationality without prior notice to the individual concerned, are actually necessary. That is what we are talking about: not whether nationality should be removed but whether it should be possible for the Secretary of State to remove it without prior notice.
Currently, under the British Nationality Act 1981, an individual must be notified if they are to be deprived of their citizenship. So what is the problem when, for example, the present rules already allow for citizenship deprivation letters to be delivered to an individual’s last known address, or to a parent, or to a parent’s last known address? I say that against the background that the Government have already said there have been no cases where the requirement to give notice has stopped—prior to the recent High Court decision—a deprivation of citizenship order coming into being. It is also against a background where the number of people deprived of their citizenship has risen considerably over the last 12 years—an upward trend with a peak, I think, in 2017.
One thing we can be sure of is that if the Government have the powers under Clause 9, even with the amendments of the noble Lord, Lord Anderson of Ipswich, we will see deprivation of citizenship orders being made without prior notice, because if it is not the Government’s intention to take advantage of the powers to deprive a person of their citizenship without prior notice, why are they seeking them? Against that scenario, we need to be satisfied that there is a real and overriding necessity for this additional power now, when it has not been deemed necessary before, beyond it being perhaps more convenient or helpful on occasions not to have to go through the procedure of giving prior notice to the individual concerned. The lack of a compelling and meaningful government response on that point, and there having been no cases where the requirement to give notice has stopped the deprivation of citizenship order coming into being, is significant.
If a proven national security need does arise for the power not to have to give prior notice of a deprivation of citizenship notice coming into being, the Government can get such necessary legislation through Parliament, as we know, with remarkable speed. In the absence of such a case being made for this power—and the lack of it clearly has not caused a serious difficulty until now—we should be wary of agreeing to Clause 9, even as amended, remaining in the Bill.
I suggest that the situation has not been helped by finding out from information in the Court of Appeal decision that in the D4 case the Home Secretary
“argued that notification had been given to D4 … by simply placing a note on her Home Office file, relying on regulations introduced without parliamentary approval.”
That ought to make us very wary about giving the Secretary of State and the Home Office the additional powers in Clause 9, now that we know how existing statutory powers and requirements on notification have been interpreted and implemented in the D4 case.
The consequences of the clause are likely to be felt most—but certainly not exclusively, as the noble Baroness, Lady Mobarik, said—by those from ethnic minority backgrounds. It is no surprise that it is in this area that the Bill, particularly Clause 9, has caused most concern about how the new powers might be applied and interpreted and what the evidence is that they are needed now and have not been needed before.
It is unlawful to deprive someone of their citizenship and leave them stateless. Even so, the Home Office is still on record that British citizenship
“is a privilege, not a right”.
Yet without citizenship people do not have rights, and we are talking about significant rights. It has been estimated that nearly 6 million people in England and Wales could be affected, and that under this proposal two in five British citizens from an ethnic minority background are eligible to be deprived of their citizenship without being told, since they have, or may have, other citizenships available to them—I think that was the basis of the comment about two classes of citizenship—compared with one in 20 characterised as white. That is a sobering consideration for the Government, or should be, when looking at the merits or demerits of Clause 9, not least in the light of how the Secretary of State and the Home Office in the D4 case interpreted and implemented the requirement to give prior notice under the law as it exists at present. What would be tried if Clause 9, even as amended by the amendments by the noble Lord, Lord Anderson, gave the power not to have to give prior notice?
The right reverend Prelate the Bishop of Chelmsford raised the issue of trust, or rather the lack of it, among society groups. The Government ought to reflect very carefully on that in considering whether Clause 9, even as amended, should remain in the Bill. I have to say that as far as we are concerned the case has not been made for Clause 9, even as amended, to remain in the Bill, and we shall certainly be looking for an opportunity to vote against it.
Baroness Williams of Trafford (Con)
My Lords, I thank all noble Lords who have spoken in this debate, especially the noble Lord, Lord Anderson, who has tabled these amendments; I am very grateful for his expertise in this matter. I also acknowledge Amendment 20, tabled by the noble Baroness, Lady D’Souza, and Amendment 22, tabled by the noble Baroness, Lady Bennett of Manor Castle.
The House will recall that we debated this matter at length in Committee. I say now, as I said then, that inaccurate and irresponsible media reporting continues to fuel fear and concern about how Clause 9 is to operate. I will repeat what I said then, starting with my noble friend Lady Verma: the deprivation power itself is not altered. Clause 9 does not alter the reasons why a person is to be deprived of British citizenship and we are not stripping millions of their citizenship.
To answer the noble Baroness, Lady D’Souza, and others, Clause 9 does not target dual nationals, those from ethnic minorities or particular faiths, or indeed women and girls; there is no secret decision-making, and law-abiding people have nothing to fear from Clause 9. It is simply about the mechanics of how a deprivation decision are conveyed to the individual concerned.
Baroness Williams of Trafford (Con)
My Lords, I thank all noble Lords who spoke to these amendments. At the outset, I will dispel one widespread misapprehension about this clause. Under Clause 11, those who meet the terms of the refugee convention will be granted refugee status. There is no question of this clause making it harder to be a refugee or otherwise enabling the Government to refuse refugee protection to those who need it. That is simply not true. What the clause does is enable the Secretary of State to distinguish between refugees based on whether they came directly and claimed without delay, but anyone considered under this policy will be a refugee.
The status of Clause 11, as a deterrent, is closely tied to secondary movements and the first safe country principle. In Committee it was claimed that, for a number of reasons, the UK must allow people to choose to come here from other safe countries to claim asylum, if they wish. This is not sustainable. It has also been posited that requiring refugees to claim asylum in the first safe country would undermine the global humanitarian and co-operative principles on which the refugee system is founded. I categorically reject this. In fact, it would strengthen them, because more countries would have the capacity for resettlement via safe and legal routes. Quite simply, if spontaneous intake falls, our ability to bring over refugees from regions of origin increases.
I will also reiterate at this stage that the first safe country principle is itself internationally recognised. Not only does it underpin the Common European Asylum System but there is a long-standing safe third country agreement between the USA and Canada which means that, barring certain exceptions, anyone arriving at the Canadian border is ineligible to make a claim. As my noble friend Lord Horam might have mentioned, Norwegian legislation similarly sets out that an application for asylum may be refused where a person has travelled to Norway after having stayed in a place where they did not face persecution. Australia—much mentioned this evening—also has those statutory powers to designate countries as safe, with the effect that anyone from that place will be barred from claiming asylum. In Australia, they have almost entirely stopped small boat crossings.
The evidence on which such policies are based is not only the fact that certain safe countries are clearly more popular than others as a destination for asylum seekers but comes from academic analysis. To be clear, I am going to talk about the reasons for secondary movements from one safe country to another, not why people leave their countries of origin in the first place. The two are clearly not the same. Secondary movements were assessed in a comprehensive analysis by Takle and Seeberg in 2015. An important part of their conclusion was that “future possibilities” play a crucial role in explaining secondary movements:
“For the individual migrant, it makes sense to ask: ‘If I make it through the waiting period and if I gain protection in this country—will I have the means to survive here? Will I be able to work, to find adequate housing, to fulfil my family obligations, to complete my education, to find friends, to belong: will I have a life? If not, where might I be better able to build myself a new life?’”
These are entirely sensible and understandable things to ask oneself. However, every last one of those things can be found in France and other safe countries without the need for a dangerous journey to the UK.
Another study concerning secondary movements of Eritreans between Italy and Norway by Brekke and Brochmann in 2014 noted the following:
“National differences in the quality of the reception system, in welfare policies, and in labour market opportunities motivated the secondary migration of asylum seekers and refugees in Italy.”
They also observed:
“The UK, Norway, and Sweden stood out as attractive destinations for the Eritreans. One informant stated: ‘There you get everything if you are accepted: housing, pocket money, education and work.’”
Again, this is totally understandable. The notion, as I have heard repeated in this House, that people are motivated by singular and discrete “pull factors” unrelated to economic considerations is therefore reductive and misleading. In fact, commonly cited pulls, such as language, family, and diaspora links, are not only intrinsically valuable but instrumentally valuable to improving future possibilities, including work and education. I repeat: France offers perfectly good future possibilities. There is no need to take a dangerous journey across the channel to improve future possibilities. We must do everything within our powers to stop this, including putting Clause 11 into law.
Briefly, the “without delay” element of Clause 11 is intended simply to deter other unwanted behaviours that we see in the asylum system. This includes making late claims without reasonable excuse, often in response to a negative immigration decision to delay removal. This is intended primarily to improve operational efficiency, enabling us to focus resources on those most in need and to carry out quick and cost-effective returns of those who have no right to be in the UK.
Distinguishing between different refugees forms part of the refugee convention itself. For example, the entire structure of entitlement under the refugee convention rests on different levels of attachment, with physical presence and lawful presence distinguished for the purposes of various entitlements. Article 31 does not contain a blanket prohibition on the imposition of penalties on refugees who enter or are present illegally. Article 31 prohibits penalties only in respect of refugees who either are coming directly from a territory where their life or freedom was threatened or present themselves without delay to the authorities, and who show good cause for their illegal entry or presence.
We think that differentiation is not a penalty, taking into account that the convention does not explicitly define “penalty” and the fact that there is no unanimity on the definition of penalty. In any event, the convention does not prohibit differentiation and the clear implication of Article 31 is that states are entitled to impose penalties on refugees who enter their territory illegally when the three conditions are not satisfied. I have already spoken at length about the broad and flexible nature of the powers under Clause 11, which I have consistently argued enable the Secretary of State to exercise sensitive and compassionate discretion in each and every case.
The right reverend Prelate the Bishop of Durham stated that nobody would be in group 1. That is not true. Those who could not be reasonably expected to claim in another safe country may well be in group 1 if, for example, they were trafficked. This goes to my noble friend Lady Stowell’s point: despite a number of misleading media and NGO reports, there is a vanishingly low risk that anyone who has, for example, suffered sexual or gender-based violence, is coming to terms with their sexuality or is the victim of trafficking will face differentiated entitlements.
Our definitions of concepts such as “come directly” and “without delay” are drafted in a manner that is responsive to those who may have legitimate reasons for being unable to comply with the standards set out and, as per my noble friend’s amendments, as drafted already enable us to use reasonable discretion when considering imposition of differentiated entitlements—again, a point that my noble friend Lady Stowell made. Indeed, there is no obligation to impose any particular condition on group 2 refugees. There is ample room for people to show that they could not reasonably have been expected to claim asylum in another safe country or that they could not claim as soon as reasonably practicable.
Group 2 refugees will still be protected and receive relevant entitlements in accordance with the refugee convention so that the object and purpose of the convention are upheld. Accordingly, Clause 11 is considered a good faith, compatible interpretation of the refugee convention.
My noble friend Lady McIntosh of Pickering lamented the diminution of safe and legal routes. We have not diminished such routes; I have set them out and distributed them to noble Lords. Some of those routes are not capped—for example, the BNO and refugee family reunion routes. On that note, my right honourable friend the Home Secretary stated today the ability of Ukrainians to come fee-free via the family reunion route. Potentially 100,000 Ukrainian refugees will come here, and we will be very glad to see them. On the point about visa waivers, I think it is very important that we continue to have the simple security checks that my right honourable friend talks about, because there is evidence that people who would do us harm are masquerading as Ukrainian refugees.
Just to finish, I have a point on Jordan, which I think the noble Lord, Lord Russell of Liverpool, mentioned. The standards of housing, recourse to public funds, education and healthcare in Jordan are not comparable with the UK. I shall say no more about that, but it is a difficult one to compare the UK with Jordan in terms of the infrastructure and facilities for Jordanians.
I think that every concern from noble Lords thus far has been met with a very clear and reassuring answer. This clause strikes a robust balance between firmness and fairness, with a firm policy response to the evidential picture about secondary movements and upholding the first safe country principle, but fair in its acknowledgement that we absolutely must be sensitive to the vulnerabilities of certain asylum seekers. I hope that, on that note, noble Lords do not press their amendments.
Immigration and Nationality (Fees) (Amendment) Order 2022
Baroness Williams of Trafford Excerpts(2 years, 8 months ago)
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Baroness Williams of Trafford
That the draft Order laid before the House on 12 January be approved.
Considered in Grand Committee on 23 February.