Brexit: Border Control
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(5 years, 6 months ago)
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Baroness Williams of Trafford
I certainly appreciate any concern that we have sufficient numbers of staff to meet demand at the border. People coming from Ireland are often not subject to those sorts of checks but it is important that we have the right number of border staff in place as we leave the European Union.
Brexit: European Union Police Databases and Extradition Arrangements
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(5 years, 10 months ago)
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Baroness Williams of Trafford
I am sure that what is at the forefront of the European Parliament at this point in time—and I am talking about the politicians, not the bureaucrats—is the sometimes fragile security situation that we have had in Europe over the last two years. I will come on to the legal point. None of the things that we have talked about today are insurmountable. I am not arguing against a legal framework, but none of the issues are insurmountable legally.
Brexit: UK-EU Security (EUC Report)
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(7 years, 2 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I take this opportunity to thank the EU Home Affairs Sub-Committee for producing its report, Brexit: Future UK-EU Security and Police Co-operation. In answer to some of the questions from the noble Lord, Lord Rosser, I say that the Government will respond specifically to the report. I am grateful to those who have spoken during today’s long debate and in particular to the noble Baroness, Lady Prashar, for securing it.
A wide range of views have been expressed from across the Chamber, but I am reassured by the broad consensus across the House that the Government should continue a high level of co-operation with our EU neighbours on security and policing matters. The Government are committed to strong practical co-operation on security, law enforcement and criminal justice now and after we leave. We will work with our European partners as we negotiate our exit to find solutions that promote security in the UK, across Europe and beyond. I am very pleased that my noble friend Lord Wasserman is optimistic about the future.
The perpetrators of crime and terrorism do not respect borders, and the threat that they pose is becoming increasingly transnational. We know that international organised crime groups exploit vulnerabilities such as inadequate law enforcement and criminal justice structures. Furthermore, threats such as cybercrime and online child sexual exploitation are by definition international in a technically interconnected world. In the face of these common threats, it is difficult to see how it would be in anyone’s interest for exit negotiations to result in a reduction in the effectiveness of security, law enforcement and criminal justice co-operation.
Our relationship with the EU currently centres on a number of practical co-operation measures that have been developed in response to the changing shape of the EU and the evolving threat of international crime. We continue to value our co-operation and information sharing through measures such as the European arrest warrant, which so many noble Lords have mentioned, together with Europol, the European criminal record information system and the second-generation Schengen information system, in our effort to fight crime and prevent terrorism. The UK will continue to participate fully in all these measures while we remain a member of the EU.
Leaving will of course mean that our relationship with the EU will have to change. In the UK we are examining the mechanisms now in place to support practical co-operation in the fight against crime and terrorism, to help to identify potential options for how we might work with our EU partners in future. Looking ahead, we need to negotiate the best deal that we can with Europe, including thinking about the tools and mechanisms for co-operation with EU member states that help to keep all European citizens safe. The UK’s future access to the practical mechanism through which we co-operate with the EU will form part of the wider exit negotiations. The UK is in a unique position, having taken a leading role in developing—
Lord Davies of Stamford
The Minister says that when we leave the EU our relationship with the institutions in the justice and home affairs field will have to change. Will they have to change because the Government want them to change, or in her view will it be because our European partners will insist that they change?
Baroness Williams of Trafford
My Lords, they will change because that is an inevitable fact of leaving the EU. We will no longer be members of the EU.
Baroness Williams of Trafford
Well, that is the answer that I am giving the noble Lord. Perhaps at this late hour he will indulge me until I get to the end, and he might be a bit more satisfied by the time I have finished.
Looking ahead, we need to negotiate the best deal that we can with Europe, including thinking about these tools and mechanisms with EU member states that help to keep European citizens safe. We are in a unique position, having taken a lead role in developing the practical co-operation measures now in place across the EU, and our expertise and drive for high standards are valued by our EU partners. That is why we will not seek to adopt a model currently enjoyed by another country; we are looking for a bespoke approach that works for the UK as well as for the EU.
Those negotiations will be complex and lengthy, and it would not be appropriate to pre-empt the outcome. I know that many noble Lords are anxious to understand the detail of the relationship that we may agree with the EU but, although the Government are keen to provide clarity where we can, it is also important that we do nothing to undermine our negotiating position.
What is absolutely clear is that this Government are committed to ongoing co-operation to keep all European citizens safe—a point that noble Lords have made—and that the desire to do what is necessary to keep our people safe is not one-sided. My ministerial colleagues have spoken to their counterparts in several EU countries, and I am reassured to hear that there is a shared understanding of the importance of effective ongoing co-operation.
I will now respond in more detail to some of the points that noble Lords have raised this evening. All noble Lords have talked about our relationship with Europol. As noble Lords have said, Europol’s prime objective is to strengthen and facilitate co-operation in preventing and combating serious organised crime and terrorism. By providing a platform for members to share intelligence and information, and through a strong analysis function, it offers unparalleled opportunities to prevent serious crime and protect EU citizens, including those in the UK. The UK plays a lead role in Europol; indeed, the UK staffs one of the largest national desks in the organisation and is one of the biggest contributors of information to Europol systems. We value our participation, and will continue to play a role while we remain in the EU. The recent decision to seek to opt into the new Europol measure is testament to that.
As I said, our future practical co-operation will be subject to negotiation, and it is too early to say what shape our relationship with the agency will take after we leave the EU. The models of co-operation enjoyed by other countries, such as the US, illustrate the breadth of agreements that can be achieved with Europol, but the UK will be in a unique position as a former EU member with our history of working with Europol, so we will not be looking to replicate any other nation’s model.
The noble Baroness, Lady Prashar, raised the point that while the report was in preparation a bespoke arrangement was agreed for Denmark, and wanted to know more about it and how relevant it might be for the UK’s future. Denmark’s situation is different from the position that the UK will be in once we leave the EU. It is a member state that does not participate in the new Europol measure but is seeking a special agreement from within the EU. Obviously, that presents a different set of challenges for the parties concerned. The Government are exploring options for Europol once the UK has left the EU, but it is early to speculate on what they might look like.
The noble Baroness and other noble Lords also asked about the relevance of the 2014 opt-in decision. The justice and home affairs opt-out in 2014 gave us the opportunity to consider the value of certain measures to the UK. While that decision provides a reference point, it is important to be clear that the situation following the outcome of the EU referendum means that the context is now different. To state the obvious, we will no longer be a member of the EU so, unlike the 2014 decision, the question now is not whether we seek to rejoin certain measures as a member state; instead, we need to consider how we should interact with the EU security measures from outside the EU.
Quite a few noble Lords asked about Prüm in the context of my right honourable friend David Davis in the other place. During debate, he said that we were making new arrangements for data-sharing. The Prime Minister has been clear that one of her 12 negotiating objectives is to continue to work with the EU to preserve European security, fight terrorism and uphold justice across Europe. She is quite clear about that. As part of the negotiations, we will discuss with the EU and its member states how best to continue co-operation on security, law enforcement and criminal justice.
The noble Baroness, Lady Prashar, also asked about what we should read into the fact that the Government’s White Paper says that in paragraph 12.2 the EU institutions are listed among the entities that will be part of a “phased process of implementation”. The Prime Minister has been clear that she wants us,
“to have reached an agreement about our future partnership by the time the two year Article 50 process has concluded. From that point onwards, we”,
expect a,
“phased process of implementation, in which”,
Britain and the EU institutions and member states prepare for the new arrangements that exist between us. It will,
“give businesses enough time to plan and prepare for those new arrangements”.
It is in no one’s interests for there to be a cliff edge for business or, indeed, for the rest of the country, as we change from our existing relationship to a new partnership with the EU, but that does not mean that we will seek some form of unlimited transitional status. That would not be good for Britain and it would not be good for the EU. As the White Paper says,
“the interim arrangements we rely upon are likely to be a matter of negotiation”.
The noble Baroness also talked about the precedents for adjudication mechanisms and international arbitration in trade agreements. Again, we need to negotiate the best deal that we can for Europe, including thinking about the tools and mechanisms for co-operation with EU member states.
The noble Baroness also asked about the great repeal Bill and made the point about the Government’s intention that, wherever practical and appropriate, the same rules and laws will apply on the day after we leave the EU as they did before. She asked about how I envisaged the process of converting EU law into domestic law would work in the area of criminal justice. All government departments are currently reviewing the issues and opportunities arising from exit, including the requirements for legislation in addition to the great repeal Bill. We will bring forward a White Paper on the Bill, which will set out our approach to give effect to withdrawal on the domestic statute book, and we will ensure that it is published in sufficient time to allow Parliament to digest its contents in advance of introduction of the Bill in the next Session.
The noble Baroness also asked about Article 50 negotiations. Under Article 50 of the Treaty on European Union, the arrangements relating to the UK’s withdrawal are to be made between the UK and the EU in a withdrawal treaty. The content of the treaty will be a matter for negotiation and our efforts will be focused on getting the best deal possible for the UK in negotiations with the EU.
The noble Lord, Lord Soley, made the point about needing to have a special relationship with the EU and needing new mechanisms for co-operation. As the Government have made clear, one of the 12 objectives of the negotiations ahead will be to establish a new relationship which enables the UK and the EU to continue practical co-operation with other member states to tackle cross-border crime and keep our people safe. We are in a unique position; we are a valued partner in the EU and have played a leading role in the development of a number of the EU’s security measures that are in place. That is why we will not be following any other nation’s model.
The noble Lord also asked how we will operate outside the ECJ’s jurisdiction. The Prime Minister has been absolutely clear that after withdrawal—as the noble Baroness, Lady Ludford, articulated—our laws will not be made in Brussels but in Westminster, Edinburgh, Cardiff and Belfast. The judges interpreting those laws will not sit in Luxembourg but in courts in this country. The authority of EU law in Britain will end. Until we exit the EU, we remain a full member of the Union and the CJEU will continue its work.
The noble Lord, Lord Paddick, talked about sovereignty versus security and suggested that we face a choice between the two. That is possibly overly simplistic. The UK is in a unique starting position, and we will need to negotiate the best deal we can with Europe while recognising that this process will not be brief or straightforward.
The noble Lord, Lord O’Neill, asked how we will secure a good enough relationship on Europol—that is, better than other third countries. We absolutely value the role of Europol in helping law enforcement agencies to co-ordinate investigation on cross-border crime but, looking ahead, we need to negotiate the best deal we can with Europe. We are in a unique position, but it is very early to speculate on what that will look like.
The noble and learned Lord, Lord Brown of Eaton-under-Heywood, made the point that the EAW is worth signing up to the ECJ and surrendering sovereignty for. As always, he set out a typically forensic and well-informed analysis on the question of sovereignty and the UK’s future relationship with the EU, especially as pertaining to the European arrest warrant. I listened carefully to what he said, but it is too early to speculate at this stage on exactly what our relationship with the ECJ will be after we leave the EU.
The noble Lord, Lord Kirkhope, asked how we create a flexible future relationship with the EU. Are we underestimating the challenge of doing so? However, as the Prime Minister has made clear, one of the 12 objectives for the negotiations ahead will be to establish a new relationship which enables the UK and the EU to continue practical co-operation with other member states to tackle cross-border crime and keep our people safe.
The noble Lord, Lord Judd, talked about trafficking and drugs and the fact that crime is international. In the modern age, we must cede some sovereignty and work with international institutions. I refer back to my answer to the point made by the noble Lord, Lord Paddick, on sovereignty versus security not being a binary choice. The Prime Minister has been clear that, after withdrawal, our laws will be made in Westminster, Cardiff, Edinburgh and Belfast, and the judges interpreting those laws will sit not in Luxembourg but in courts in this country.
The noble Lord, Lord Davies, identified the value of SIS II, Prüm and the EAW. He asked what is stopping us from remaining part of these and if there is nothing why the Government do not want us to join them. The UK’s exit from the EU will put us in a unique position, seeking co-operation on security and law enforcement as a former EU member. We must now work with the EU to agree the way we co-operate on both security and law enforcement after we leave. Although the Government are absolutely committed to future co-operation, I cannot set out a unilateral position ahead of negotiations.
The noble Lord, Lord Hannay, talked of the risk of a cliff edge on the day we leave, with no plan B. We need to agree budgetary contribution and dispute resolution and we need a living solution to avoid a static relationship. The noble Lord identified some of the issues that would need to be considered before and during the negotiations. The UK and the EU have a shared interest in effective co-operation while we remain a member state and after we leave, and the negotiations will need to consider the full range of options. It will be in all our interests to avoid any cliff edge in negotiating with the EU. We will need to reach agreement on a range of matters such as dispute resolution, and we will seek a relationship that is capable of responding to the changing threats that we face.
I am running out of time and I have three more noble Lords to respond to, which I will do in writing. In fact, it is two noble Lords—the noble Lord, Lord Stevens, and the noble Lord, Lord Rosser, in respect of his final point.
The Government recognise the challenge in negotiating a new relationship. However, we are absolutely committed to finding innovative solutions to enable us to continue to work together to keep our citizens safe and to achieve collective security in Europe and globally. Finally, I again thank all noble Lords who have taken part in the debate, particularly the noble Baroness, Lady Prashar.
Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2016
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(7 years, 4 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the threat level in the UK, which is set by the independent Joint Terrorism Analysis Centre, remains at “severe”. This means that a terrorist attack in our country is highly likely and could occur without warning.
We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise it. Proscription is an important part of the Government’s strategy to disrupt the full range of terrorist activities. The group that we now propose to add to the list of terrorist organisations, amending Schedule 2 to the Terrorism Act 2000, is National Action. This is the 21st order under Section 3(3)(a) of that Act. This is the first time we have laid an order for a right-wing group. Proscribing this neo-Nazi group sends a strong message that we will not tolerate terrorist activity here, regardless of what motivates it.
As noble Lords will appreciate, I am unable to comment on specific intelligence. However, I can provide a brief summary of the group’s activities. National Action is a racist, neo-Nazi group that was established in 2013. It has a number of branches across the UK, which conduct threatening street demonstrations and activities aimed at intimidating local communities. Its activities and propaganda materials are aimed particularly at recruiting young people.
National Action’s ideology promotes the idea that Britain will inevitably see a violent “race war”, which the group claims it will be an active part of. The group rejects democracy, is hostile to the British state and seeks to divide society by implicitly endorsing violence against ethnic minorities and perceived “race traitors”. National Action has links to other extreme right-wing groups abroad, including in Europe. In May 2016, National Action members attended Buchenwald concentration camp, where they carried out Nazi salutes and posted images of this online.
The Government’s counter-extremism strategy challenges extremism in all its forms. Alongside this and our Prevent work, we will continue to monitor whether extremist groups have crossed into terrorism.
This is a relatively small group which has only been in operation in the UK for a few years, but the impact of its activities has been felt in a number of UK communities. Since early 2016, the group has become more active and its activities and propaganda material have crossed the threshold from extremism into terrorism. National Action’s online propaganda material, disseminated via social media, frequently features extremely violent imagery and language. It condones and glorifies those who have used extreme violence for political or ideological ends. This includes two tweets posted by the group in 2016 in connection with the murder of Jo Cox, which the prosecutor described as a terrorist act. One states, “Only 649 MPs to go”. Another contains a photo of Thomas Mair with the caption, “Don’t let this man’s sacrifice go in vain. Jo Cox would have filled Yorkshire with more subhumans!”. The group has also disseminated an image which was doctored to condone and celebrate the terrorist attack on the Pulse nightclub in Orlando in which 49 people lost their lives, and another depicting a police officer’s throat being slit.
There are people who may have become aware of these messages who could reasonably be expected to infer that these acts should be emulated; therefore, such propaganda amounts to the unlawful glorification of terrorism. Section 3 of the Terrorism Act 2000 provides a power for the Home Secretary to proscribe an organisation if she believes it is currently concerned in terrorism. If the statutory test is met, the Home Secretary may exercise her discretion to proscribe the organisation. In considering whether to exercise this discretion, the Home Secretary takes a number of factors into account, including the nature and scale of an organisation’s activities and the need to support other members of the international community in tackling terrorism.
Proscription in effect outlaws a listed organisation and makes it unable to operate in the UK. Proscription can also support other disruptive activity, including prosecutions for other offences, and acts to support strong messaging to deter fundraising and recruitment. Additionally, assets of a proscribed group are liable to seizure as terrorist assets. The Home Secretary exercises her power to proscribe only after a thorough review of the available relevant information and evidence on an organisation. This includes open-source material, intelligence material and advice that reflects consultation across government, including with the intelligence and law enforcement agencies. The cross-government proscription review group supports the Home Secretary in this decision-making process. A decision to proscribe is taken only after great care and consideration of the particular case, and it is appropriate that it must be approved by both Houses.
Proscription of this group will prevent its membership growing and help to prevent individuals who might be vulnerable to radicalisation, and possibly at risk of emulating the terrorist attacks that National Action glorifies, being drawn into the group’s extreme ideology. I beg to move.
Lord Davies of Stamford (Lab)
My Lords, I think the Government are doing the right thing with this organisation and the House will be grateful to the noble Baroness for having set out in some detail why action is necessary. I have just one question. The noble Baroness rightly said that if an organisation of this kind is proscribed it is possible to seize its funds, but I take it that any organisation that knows it is going to be proscribed would takes its funds out of the jurisdiction, or otherwise distribute them so as to put them beyond reach. Has it been possible in this case, and would it normally be the Government’s practice, to freeze these funds in some way before the announcement of the proscription?
Alcohol
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(7 years, 5 months ago)
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Baroness Williams of Trafford
My Lords, the Government are not saying they are not going ahead with it because that is not the situation. We are keeping the issue under review in the light of what happens in Scotland.
Baroness Williams of Trafford
I am not entirely sure whether the Government are planning to introduce calorie labelling. I know that there is calorie labelling on some drinks. I will have to get back to the noble Baroness because I do not know the answer to her question. However, I will find that out because I certainly think that it would deter Guinness drinkers, as that is very calorific.
Immigration Act
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(7 years, 5 months ago)
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Baroness Williams of Trafford
My Lords, to answer the noble Lord’s last question first, any child at risk of sexual exploitation—that might include trafficking—will be a top priority, no matter what country they are from; ditto any child aged 12 or under. On the Syrian vulnerable persons resettlement scheme, there have thus far been more than 3,000 people transferred, and half of those are children.
Lord Davies of Stamford (Lab)
My Lords, what is the Government’s budgeted average cost for relocating in this country these vulnerable children? What provision is being made to support local authorities, on which the bulk of this expenditure will, presumably, fall?
Baroness Williams of Trafford
My Lords, we have increased by a third the funding to local authorities. I cannot give a specific figure for a specific child because it will depend. It is around about £32,000 per child, but that is an average figure. I cannot give a specific figure for a specific child because it will be different in different cases, depending on whether the child is to be fostered, taken into local authority care, or here as part of a community sponsorship scheme. It is different in every case. I hope the noble Lord takes what I am saying in a qualified way.
Immigration
Debate between Baroness Williams of Trafford and Lord Davies of Stamford(7 years, 7 months ago)
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Baroness Williams of Trafford
My Lords, we want students here who will contribute to this country the skills that we need. In fact, there has been an increase of more than 39% over the past few years to Russell group universities. We have taken successful steps to clamp down on some of the bogus colleges that do not provide that sort of training.
Lord Davies of Stamford (Lab)
Why, oh why, are students classified as immigrants? They are not immigrants unless they stay here beyond their courses. When they stay beyond their degree or other qualification, they could and should be classified as immigrants. The present artificial classification is causing all sorts of quite unnecessary problems, not least, as has already been said, for our universities.
Baroness Williams of Trafford
My Lords, they are classified as students because when they come here they use our services and they generally come here for more than a year. That falls within the definition.
Homelessness: Rough Sleeping
Debate between Baroness Williams of Trafford and Lord Davies of Stamford
Baroness Williams of Trafford
I thank my noble friend for raising that question, because I certainly have. Crisis has been absolutely invaluable in providing, for example, underwritten tenancy deposits for homeless people. The programme has seemed to be very successful, with 90% of those people adhering to the tenancy and making it work.
Lord Davies of Stamford (Lab)
My Lords, the whole House ought to be grateful to the noble Lord, Lord Spicer, for raising this matter successively at a number of Question Times, because we have had a much more detailed answer from the Government in their initial response today than ever before. Many of us suspect, on anecdotal evidence, that the real problem is in London. Can the Minister tell the House the estimated numbers of rough sleepers and available hostel places in London?
Baroness Williams of Trafford
My Lords, the number of rough sleepers was estimated to be 3,569 on a given night last autumn.
Rough Sleeping
Debate between Baroness Williams of Trafford and Lord Davies of Stamford
Baroness Williams of Trafford
My Lords, I cannot agree that the cause of homelessness is social security cuts because, in line with the housing benefit cuts, the welfare reform Bill will introduce a 1% reduction in social rents. My understanding is that the biggest cause of homelessness is in fact the end of tenancies.
Lord Davies of Stamford (Lab)
My Lords, I think that the whole House will be disappointed that the noble Baroness was not able to estimate the number of people sleeping rough in London—and perhaps the Government do not have the figures. Could she at least answer the second half of the question put by the noble Lord, Lord Spicer; that is, how many hostel places are there in London at the present time?
Baroness Williams of Trafford
My Lords, I think I made it clear that I do not know the number of hostel places, but I will get that figure both for my noble friend and for the noble Lord.