Unaccompanied Migrant Children

Lord Hanson of Flint Excerpts

Wednesday 30th October 2024 Lords Chamber

[Lord Touhig]

To ask His Majesty’s Government how many unaccompanied migrant children are being accommodated in hotels.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

All seven of the Home Office-run hotels for unaccompanied asylum-seeking children are now closed. Six closed in November 2023 and the final one closed in January 2024. We are committed to working closely with local authorities across the United Kingdom. They have statutory duties towards these young people. The Home Office will continue to consider the welfare of unaccompanied children throughout our processes.

[Lord Touhig (Lab)]

I tell my noble friend that that is the most welcome Answer I have received from a Minister at that Dispatch Box in the 14 years I have served in your Lordships’ House. These places are closed—good—because 440 unaccompanied migrant children placed in these hotels went missing, and almost 100 have still not been found. A report from University College London and ECPAT UK suggests that it is likely that many have been kidnapped by criminal gangs. I have two questions for my noble friend. First, what is being done to find these missing children? Secondly, will His Majesty’s Government consider holding an inquiry into the scandal? Frankly, putting unaccompanied children, some as young as 12, into hotels without proper care and supervision is an affront to their human rights and a stain on the good name of Britain.

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend. I remind him that the hotels were closed because of legal challenges to force the previous Government to close them. There were 472 episodes of children going missing, from 464 young people in practice. My noble friend mentioned 100 children. I can report to the House that 90 individuals are still missing, of whom seven have a claimed age of under 18. Through the good efforts of the police and local authorities, we have found 382 young people as of 26 September. The responsibility for finding those missing young people lies with police, and the Home Office will co-operate with them and local authorities accordingly. My noble friend mentioned an inquiry. I hear what he says, but the Home Office’s key focus is on continuing to work with the police to support efforts to locate missing individuals.

[Lord Laming (CB)]

My Lords, unaccompanied children still come to this country. Does the Minister accept that those children are particularly vulnerable to exploitation, abuse and serious neglect? That being so, can he assure the House that, whenever an unaccompanied child is discovered, they are immediately referred to the local authority for proper safeguarding and protection?

[Lord Hanson of Flint (Lab)]

That is the intention of the Home Office. The noble Lord will know that this Government, in our current incarnation and in previous incarnations between 1997 and 2010, have been very strong on enforcement, securing action against people who commit modern slavery and supporting action to avoid exploitation, and we will continue to do that. The local authority has primary responsibility, and we have a duty to ensure that we reduce the number of unaccompanied children but support local authorities in safeguarding them properly.

[Baroness Janke (LD)]

My Lords, in the light of 14 years of desperate cuts to local government, what will the Government do to support it in fulfilling its responsibilities to these children, many of whom have suffered trauma and terrible circumstances on their way here? There is a grave danger that the ones whom the Minister is talking about could become victims of modern slavery. What will the Government do to ensure that local government can fulfil its responsibilities to those vulnerable victims?

[Lord Hanson of Flint (Lab)]

A partnership has been in operation to date with local authorities, particularly Kent County Council, to help quickly with placement and support for those young individuals. Obviously I have just heard my right honourable friend the Chancellor’s Budget, and we have to reflect on that in relation to the local government settlement. However, I assure the noble Baroness that there is a commitment from this Government to ensure the protection of vulnerable children who come here unaccompanied.

[Baroness Chakrabarti (Lab)]

I thank my noble friend the Minister for his positive and humane answers to the Question from my noble friend Lord Touhig. However, I want to press him on the supplementary. While the focus must be on recovering the missing children, it is still a scandal that so many went missing and that previous Ministers did so little to protect them and find them. A short and focused statutory inquiry would compel witnesses and perhaps focus minds.

[Lord Hanson of Flint (Lab)]

Again, I hear what my noble friend says. I wish to find the 90 children who are still missing. I wish to ensure that we give support to local authorities and the police to do that, and it has to be the primary focus of the Home Office. I can reflect in due course on what both she and my noble friend Lord Touhig said, but ultimately our focus has to be to find those people who went missing because of the performance of the previous Government’s management of this issue.

[Baroness Brinton (LD)]

My Lords, the Minister referred to Kent County Council. Earlier this year, questions were asked in your Lordships’ House about whether Kent was getting extra reimbursement for the phenomenal responsibility of being the first point of call for these children. Has that happened? It is wonderful that Kent is doing all that it can, but if it cannot do it without resources then children in Kent will also suffer in the longer term.

[Lord Hanson of Flint (Lab)]

There was an enhanced incentivised funding programme in operation for Kent County Council, which gave support of £15,000 for transfers within two working days and £6,000 for transfers within five working days. Those schemes are coming to an end because the pressure is not there as it was, but that support was put in place to help Kent to deal with the initial challenges.

[Lord Dubs (Lab)]

My Lords, what the Minister said about the hotels being cleared is of course good news. What is happening to any children who arrive at the moment? If they are not going to hotels, is he satisfied that local authorities have the resources and the foster families to look after them?

[Lord Hanson of Flint (Lab)]

Currently, in the event of unaccompanied children arriving at a port of entry in the United Kingdom, the first port of call is to provide support via local authorities, which give proper safeguarding opportunities and responsibilities for those individual under-18s. Again, my objective overall and that of the Government in having the border control system is to ensure that we help to reduce the number of children coming here, exploited by gangmasters and by others, and that we deal with those who come here in a humane and effective way.

[Lord Sharpe of Epsom (Con)]

My Lords, last week a teenager who arrived in the UK on a small boat in July was charged with the murder of a woman working at an asylum hotel. Rhiannon Skye Whyte, who was 27, died after she was stabbed in the neck with a screwdriver. I am sure all noble Lords will agree that this is appalling and send our sincere condolences to Rhiannon’s friends and family. What steps is the Minister taking to ensure that all staff at asylum accommodation are kept safe?

[Lord Hanson of Flint (Lab)]

I was aware of that incident last week. The noble Lord will know that I do not wish to comment on its details because it is sub judice. There will be a trial and an individual will face charges; I do not wish to prejudice any trial. In light of that incident, my right honourable friend the Home Secretary has made inquiries of the operator of the hotel in which it occurred and other hotels to ensure that women, in particular, and lone workers have support and a review of their safety. The family of the individual who died as a result of that incident are being kept informed and have our great sympathy.

[Lord Harris of Haringey (Lab)]

My Lords, in response to the question from the noble Baroness, Lady Brinton, my noble friend talked about the special arrangements put in place for Kent. Is it not almost inevitable that some local authorities will deal with more such cases of unaccompanied children than others? What are the arrangements going forward to ensure that they are adequately supported? Is the money to provide that support going into some rather amorphous pan-local-government pot? In that case, you cannot guarantee the distribution formula for it to reach the local authorities which have to deal with the highest number of children.

[Lord Hanson of Flint (Lab)]

In addition to funding for children’s social care that local authorities receive anyway through the local government finance settlement —and devolved governments; they are equally liable—the Home Office provides additional funding contributions to support local authorities to meet the cost incurred in looking after unaccompanied asylum-seeking children and, indeed, former unaccompanied asylum-seeking childcare leavers. That figure is determined at a rate of around £143 per night per child. We need to continue to support that to make sure that local authorities meet their safeguarding obligations.

Police Accountability

Lord Hanson of Flint Excerpts

Monday 28th October 2024 Lords Chamber

[Baroness Doocey (LD)]

My Lords, we welcome the Home Secretary’s emphasis on speeding up proceedings in cases involving police using lethal force. Protracted investigations cause additional trauma to bereaved families, prolong the stress for officers involved and damage wider police morale. We also welcome the equalisation of thresholds for criminal charges to ensure that the police and public are held to the same standards.

These measures are long overdue, because we have now reached a point where police officers feel deeply undervalued, both by the public at large and by many politicians. Low public confidence has led police to believe that the work they do is not always appreciated. Assaults and attacks on police are now a daily occurrence. A recent review found that more than half had been physically attacked in the previous year, with a significant number requiring medical attention.

A police officer’s every move is now captured both on their bodycam and, increasingly, by members of the public, ensuring that their every action and split-second decision is recorded, criticised and documented for posterity on social media. Trial by media raises the real risk that, when things go wrong, the focus is on blaming individual officers, even when the reality points to wider systemic failings. I hope that these measures around the presumption of anonymity and the need to take account of officers’ training and guidance will help alleviate some of these problems.

I admit that I am slightly uneasy about the timing of this announcement, given the danger that it could be taken by some to signal the lowering of police accountability. I am therefore relieved to hear that the Government have made an urgent commitment to toughen up procedures around police misconduct and vetting. By putting national vetting standards on a statutory footing, we can make concrete progress in restoring public confidence. We particularly want to see the rules around officers accused of domestic abuse or sexual offences tightened significantly.

We must remember that the Kaba case is not taking place in a vacuum. Last year, the noble Baroness, Lady Casey, highlighted the continuing presence of racism within policing almost 25 years after a similar conclusion was reached by Macpherson. Data from the National Police Chiefs’ Council shows that black people are five times more likely than white people to have force used against them. It is therefore critical that this accountability review strikes the right balance. It must be accompanied by a clear timetable to implement the existing Angiolini and Casey review recommendations. The public need to be assured that bad officers will always be held to account, that guilty officers will always be punished and that this will be done fairly and transparently. But, at the same time, it is imperative that our police are reassured that if they do the right thing and follow their training, the system will protect them and not be stacked against them.

I ask the Minister whether this review will be open to contributions from all sides. We know that the police have already made submissions, but what opportunity will there be for representatives of, for example, the black community, who are of course particularly invested in the outcome, to contribute?

I have two final points. Polls suggest that more than a third of the public lack confidence in the Independent Office for Police Conduct—IOPC—while barely one in five black people think that it is impartial. This is not good enough, nor is the fact that IOPC recommendations are almost always out of date by the time they are published because it can take years for individual case proceedings to conclude. The proposal for a lessons-learned database is extremely welcome in this context. Nevertheless, a recent independent review made 93 recommendations to improve the IOPC. What steps are the Government taking to implement these recommendations?

Finally, reports as far back as Scarman in 1981 point to the need to urgently address the lack of diversity in policing, to better reflect the communities the police serve. The Home Secretary said in her Statement that she wants to introduce neighbourhood policing, so will the Government commit to ensuring that such reform is used as a platform to address this lack of diversity, so that people in all communities believe that the police are on their side?

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to both Front-Bench speakers for their constructive comments and their broad welcome for my right honourable friend the Home Secretary’s Statement in the House of Commons last week. In particular, the point made by the noble Lord, Lord Sharpe, about trust being extremely important is very valid. The whole purpose of the response to the trial last week and to the wider cases, the reviews by Dame Elish and the noble Baroness, Lady Casey, and our general review of accountability, is to make sure that we build that trust in communities. The noble Baroness mentioned that point also.

There was a welcome from both Front Benches for the provisions around anonymity in the legislation, and that is perfectly right. I cannot comment on the court case because the lifting of anonymity was a matter for the court at that time, but it is really important that we review that, and one of the proposals that my right honourable friend has brought forward is to ensure that anonymity is the norm in future.

With regard to the points made by the noble Lord, Lord Sharpe, about the officer himself, the Metropolitan Police, as the employing authority, has a duty of care to the officer. If there are leads regarding any threat to any individual in society the police will follow those up. I think it is best to leave it at that. The noble Lord is right that deaths from police shootings are extremely rare in the United Kingdom but it is still important that we have the accountability mechanism in place. What we are trying to do with the proposals that my right honourable friend has brought forward is to ensure that accountability is balanced. That is why we have lifted the threshold to put it in line with that for ordinary civilians involved in similar incidents. That is part of the rebalancing to make sure that we give support accordingly. That is why we are having a review of the threshold for prosecution as well, which will report to the Government in due course.

The noble Lord, Lord Sharpe, raised the important issue of training. He will be aware that the College of Policing will review training requirements based on this incident following the comments and the Statement from my right honourable friend the Home Secretary. Before I turn to the noble Baroness’s comments, it is important that we reflect again on the key issue that the police deserve our full support on this. Officers who carry firearms do so voluntarily. They put their own lives at risk, potentially, and they take split-second decisions which could result in saving life and preventing incidents and, indeed, threats to their own life. We need to bear that in mind and pay tribute to them because it is a noble task that they undertake on our behalf.

My honourable friend the Member for Liverpool Riverside was mentioned by the noble Lord. It is for her to make her comments and she is accountable for them as a Back-Bencher. What she has articulated is not the Government’s position. She is entitled to her views, as is any Member of Parliament or, indeed, Member of this House. I will leave it at that, if I may.

I hope I have covered the points. We have received part 1 of the Angiolini review. I have met the review chair, Dame Elish Angiolini, and we are encouraging her to bring forward the second part of the review in an appropriate timescale so we can consider the recommendations in due course.

I am grateful again for the broad support on anonymity and threshold changes from the noble Baroness, Lady Doocey. She made the important point about attacks on police. She will know that legislation has been put in place to ensure that attacks on emergency workers are aggravated offences. The police should not only not be attacked but they should be recognised as a having a special role in our society when attacks such as she mentioned take place. She also mentioned training. I emphasise to her that the College of Policing is reflecting on what has happened. I hope that we can have some guidance shortly to bolster the support for police officers in general terms.

I will refer in turn to three particular points that the noble Baroness mentioned. The first point is the accountability review and the possibility of individuals contributing to it. We have had a report from the review; it is a complete document now. Although the review was commissioned by the previous Government, the report has been presented to this Government. We have concluded and have included in the Statements from my right honourable friend the Home Secretary the response we wish to make.

Obviously, we want to have engagement with a range of stakeholders now that the review is completed. The noble Baroness mentioned not just the police but members of the community. I welcome evidence for the accountability review being given to the Government in whichever form individuals or groups want so that that broad spectrum of views can inform the conclusions and the implementation of what my right honourable friend the Home Secretary has said.

The noble Baroness mentioned the IOPC and the review of it that took place. She is right to say that there were 93 recommendations for improvements under the Fairfield report, which was commissioned by and delivered to the last Government. There was a response from the last Government in March 2024. I am keen to ensure, as are Police Ministers and the Home Secretary in the House of Commons, that the recommendations are undertaken and delivered. Work is under way to implement the majority of the recommendations and obviously I will report back to this House. If the noble Baroness wishes to table a Question in a couple of months’ time, we can certainly give an update on the implementation of the recommendations that have been accepted.

The noble Baroness also mentioned the Home Secretary and police diversity. It is certainly extremely important, for the reasons that the noble Lord, Lord Sharpe, mentioned, that the police reflect the community they serve. That means not just people of colour but people with a range of sexual preferences, backgrounds and other things. It is really important that the police have the confidence of the community they serve. That is why, particularly as we go forward with the new model of neighbourhood policing that my right honourable friend wishes to introduce, we should involve people from all backgrounds to reflect the community they serve. Without that confidence, information will not be forthcoming to police officers and they will not understand the communities they operate within. We share the joint enterprise of ensuring that people outside the law are held to account by the forces of law and order through the Crown Prosecution Service, the courts and, ultimately, if convicted, the justice system. That requires genuine partnership between the community and the police.

I hope I have answered all the points mentioned by the noble Lord and the noble Baroness. If so, I will take comments from other Members of the House.

[Viscount Hailsham (Con)]

My Lords, does the noble Lord agree that, given the very difficult circumstances in which armed police have to operate, those who make the decision to prosecute should do so only when the evidence of illegality is very robust, and that such decisions should not be made simply and solely to address expressions of concern, however aggrieved and distressed those expressions may be?

[Lord Hanson of Flint (Lab)]

It is important that there are grounds for the police to recommend to the CPS and for the CPS to take action on prosecution. That could happen in any number of circumstances. In the circumstances that generated this Statement, the decision to take forward the prosecution was taken by the CPS and others. The court considered it and agreed that the police officer should be acquitted. That is a perfectly legitimate decision.

We have tried to put in a mechanism whereby there is a higher threshold for prosecution of police officers than there is currently, in line with what would happen to ordinary citizens involved in that type of activity elsewhere. That is right and proper, but we have also commissioned the wider review led by Tim Godwin and Sir Adrian Fulford, who will look at the legal test for the use of force and the threshold for determining the short-form conclusion of an unlawful killing in inquests. It is important that we rebalance slightly because, on reflection, that rebalancing is needed.

[Lord Hogan-Howe (CB)]

My Lords, I broadly support the Government’s response to this review, but I will make a few comments about the case of Chris Kaba, Sergeant Blake and firearms officers. I am not sure that the review goes far enough in two clear areas.

I repeat that it is a tragedy that Chris Kaba lost his life—and for his family. It has also been a terrible time for the officer and his family over the last two years. But the review says nothing about reviewing what happened in Sergeant Blake’s case—the decision-making by the IOPC and the CPS in the court. We hear that the jury wrote a note; it was not published, but someone might want to review what it said. That is probably not best done in public, but the whole process may leave everybody a little confused about why Sergeant Blake was prosecuted when the jury took so short a time to reach its unanimous verdict.

Secondly, there is a more general issue about whether firearms officers, who, as we have heard, are few in number and deal with these very difficult cases on our behalf, have any comfort in law at all. When the criminal and the officer—who is only doing their job—arrive at the same location, why are they treated in exactly the same way? The criminal knew what they were doing when they arrived; the officer responded to society’s request—demand, almost—that they stand up for us and challenge this person, but the law gives them no comfort at all. This case highlights that, but it is not the only one.

So there are two questions for the Minister: a review, perhaps, of this case and the more general requirement in criminal law to treat firearms officers in a better way than they are treated now.

[Lord Hanson of Flint (Lab)]

The noble Lord, Lord Hogan-Howe, obviously brings great experience to this question and this discussion, and I appreciate the discussions I have had with him—not just in the Chamber of this House but also outside the Chamber.

The noble Lord will know, and understand, why I cannot comment in too much detail on what happened in relation to this case. He will also know, however, that the decision to charge was made within the Code for Crown Prosecutors and the DPP guidance to prosecutors, particularly in relation to death in custody guidance, which covers any deaths following contact with the police. That was the procedure; I am not the CPS and nor should I be. It made the determination to prosecute in this case and the result was a very speedy acquittal by the jury. There was a two-year hangover, which caused great distress to the family of both the victim and the police officer. I understand that, and we are trying to speed up as part of the response to that case.

The important thing, which I hope I can guide the noble Lord to focus on, is the issue of the future, because we are trying to rebalance the prosecution threshold, which is key for the future. I fully accept the noble Lord’s point that we ask a lot of officers to, on our behalf, arrive at a scene, make split-second judgments and put their lives at risk. One of the things we are trying to do in the review’s response is to more effectively balance that balance between the response of an officer and the individual they may face. That is part of the working through of the code of practice that will be developed by the DPP, the review by the Attorney-General of guidance on charging police officers and the review by his former colleague Tim Godwin and Sir Adrian Fulford.

We can revisit this again in a few months’ time, but I hope, when we finalise the reviews, that will refocus how we best support officers dealing with extremely difficult situations.

[Lord Carter of Haslemere (CB)]

My Lords, 30 years ago, the House of Lords sitting judicially in the criminal appeal of Lee Clegg expressed concern that only a charge of murder was available in these cases, instead of an offence of, for example, using excessive force. The Law Lords pointed out—as the noble Lord, Lord Hogan-Howe, has—that law enforcement officers do not go out intending to kill or cause grievous bodily harm: they go to protect the public. The two cases are very different.

Therefore, would the Government consider looking at the substantive law that applies in these cases and possibly introducing a change to strengthen the position of law enforcement officers? It would be not dissimilar to the way in which the position of householders was strengthened in 2013 by giving them additional defences when they used force to defend themselves and their property.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for that suggestion. We are in the process of reviewing the legislation and I do not want to pre-empt the reviews that are being undertaken by the Attorney-General and the individuals commissioned by the Home Secretary. It is clear, however, that we need to give clarity and support to officers. The key element that has come out of this case is that an officer found themselves prosecuted through the decision of the CPS, which rightly was its independent decision. However, in light of that decision, we have to review whether the threshold for the prosecution was right and whether we need to examine the issues the noble Lord has mentioned. Those are things we will do, but I cannot give a commitment today to finalise it.

[Lord Paddick (Non-Afl)]

My Lords, I declare my interests as set out in the register. I accept that there is going to be a review, so perhaps I could ask the Minister to ask the review to consider the following. Surely, a lawfully armed police officer on duty, acting in accordance with their training, who volunteers to carry a gun to protect the public and who tragically kills someone should not be subject to exactly the same process as an illegally armed criminal who goes out to murder someone? It is not just about the court; it is about the decision of the IOPC and the decision of the CPS. Why did that happen in this case, and what will the Government do to make sure it does not happen again? Of course, there needs to be accountability, but surely not parity.

[Lord Hanson of Flint (Lab)]

The noble Lord brings extensive experience to this debate and these questions from his policing background. I understand the points he has made, but I hope he will understand when I say to him first and foremost that I cannot second-guess the decisions that were taken by the CPS and/or the IOPC about this case. Those decisions were taken—that is their right to do so—and ultimately those charges were brought in a proper way under the legislation and framework that was in place. They have been put before a jury and the jury has determined that there is no case to answer for those charges. That is the history of this matter, difficult though it is.

As well as the anonymity issue, which is important, the Home Secretary has brought forward three measures in the Statement to improve the timeliness and fairness of investigations: aligning the threshold of IOPC referrals of officers to the CPS so that we can examine that in detail; speeding up the process whereby the IOPC sends cases to the CPS and putting the IOPC victims’ right to review policy on a statutory footing; and reviewing the DPP guidance on the existing legal framework, which will conclude by the end of 2024. Those things are in train. While the noble Lord might want me to opine about the decision that was taken, I cannot, but I am sure this House will hold me to account in future as to the outcome of those reviews downstream.

[Baroness O'Loan (CB)]

My Lords, having served as Police Ombudsman and having had the awesome responsibility of investigating a fatal police shooting, I know that these incidents are very, very rare. I know how difficult this is for all concerned—the family of Chris Kaba, but most particularly now, Sergeant Blake and his family, given what they must have suffered over these last two years. I want to express my gratitude here in this House to the firearms officers who protect us here in Westminster, day in, day out, in a situation in which one of their number lost his life not too long ago. That is very important.

I welcome the decision to introduce anonymity prior to conviction for a police officer if they are put on trial. It is reassuring to see the equalisation of the threshold for prosecution, because trust is fundamental to this, and there will not be trust in the prosecution service or the prosecution process unless the public can believe that there is equality before the law.

Can the Minister assure us that the review of these cases will consider the necessity for extensive forensic investigation, which on many occasions takes quite a long time? That has to be factored in; we do not serve officers well if we rush these cases. Secondly, can the Minister assure us that funding of the IOPC will be looked at in terms of the number of cases it has to carry? Increasingly frequently, it has to return cases to the police to investigate, which leads to distrust in the process. People go to the IOPC thinking they are getting an independent investigation of police complaints, and they end up back with the police force investigating the complaint. May I ask that those matters be considered? Funding the IOPC is actually cheaper than the cost of police officers investigating.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, who brings her experience to this debate. We both spent time in Northern Ireland some time ago, when I was a Minister and she was the police ombudsperson responsible for those areas. I welcome her welcome for the anonymity clause; it is vital that it be put in place. The decision was taken in this court case not by me, this House or the Government, but by a judge at that time. There is no criticism of that; it was entirely their decision to make. However, we have reflected on that and determined that anonymity in this case will prevent the type of difficulty and challenges that Officer Blake has had post acquittal, even though he was acquitted. That is a really important issue.

The noble Baroness mentioned forensic investigations. Self-evidently, these matters are beyond my remit, but it is important that the case presented includes all the information. If it takes time to bring forensic information forward, so be it, and we need to factor that in as part of our review. In Budget week, I cannot comment too much on funding for the IOPC, but I am sure we will revisit that in due course. If the noble Baroness wishes to question that post-Wednesday, we can discuss then the adequacy or otherwise of the budget for the IOPC.

[Earl Attlee (Con)]

My Lords, I strongly support the Statement and everything the Minister has said. However, he will be aware of my report of the harassment of the heavy haulage industry by West Midlands Police. As I stated in that report, I have personally observed West Midlands Police officers harass drivers of a highly respected heavy haulage company. Ministers keep telling me that this is an operational matter for the police. How egregious and widespread does this police harassment have to be before Ministers will do something about it?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Earl for his welcome for the Statement. On the West Midlands Police, he will know that there are mechanisms in place to make reports to tackle any poor behaviour. Most police officers follow a code that is appropriate and proper, and they can be held to account. I am not aware of the case, having been in post for just four months, but if there are areas of concern, the noble Earl should follow the mechanisms of complaint. If he is unhappy with that, he can seek redress in other ways.

[Lord Woolley of Woodford (CB)]

My Lords, I do not want to add to the debate on the Chris Kaba incident, as a lot has been said in this House; however, I pay tribute to all officers who put their lives on the line for us on a daily basis. I want to talk about a more fundamental point that this House must not ignore. In Britain’s black communities, there is an all-time distrust in our policing. It is no surprise that people are outraged when they see, for example, the stop and search of the black middle-class couple Bianca Williams and Ricardo Dos Santos, who were wrenched from their car with a baby in the back, and after which the police officers had no charge to answer in many respects. If we are to police by consent, we must build trust, and that will take a lot of time and effort from everybody involved.

[Lord Hanson of Flint (Lab)]

The noble Lord is absolutely right that policing is undertaken by consent. To have that consent, policing needs both to reflect and to understand the community. I have no problem with police officers stopping and searching individuals—that is part of the prevention of criminal activity—but they need to do so in a way that is conducive to consent and to community relations, while having full accountability and explaining why and how those activities have taken place. The noble Lord’s point about the disregard between members of the black community and the police is a source of deep sadness. Many of the people who were involved in, and have been killed by, some of this concerning behaviour were innocent people from the black community. Therefore, trust is a long-term measure. My right honourable friend the Home Secretary is trying to build a stronger mechanism of community policing, but I will certainly take on board the points the noble Lord mentioned, and we will reflect on how we can build that confidence in the community to ensure effective, proper policing.

[Lord Jackson of Peterborough (Con)]

My Lords, I declare my interests as set out in the register. I welcome the Minister’s typically sensible and pragmatic approach to this issue. Does he agree that we have to strike a balance in the bulwark of our system, which is judicial independence, notwithstanding the sui generis nature of the Kaba case, but that part of the review should also include the not quite unprecedented but unusual decision by the judge to release the name of Sergeant Blake, which had massive ramifications? That should be part of the review, because there has to be a robust evidential basis for a decision to plunge that officer potentially into a very difficult situation by removing anonymity.

[Lord Hanson of Flint (Lab)]

My response to the noble Lord will not be critical of the judge. I simply say that, having seen the implications of that decision, my right honourable friend and I have taken the view that anonymity is the best way to protect the safety of anybody charged with these offences who is a police officer. I hope that Members of this House who have a judicial background will not take that as a criticism. It is a way in which we can review what has happened in this case, and the consequences of what happened after naming the individual, and try to put in a framework that in due course will potentially have legal backing from this House and the House of Commons.

[Baroness Deech (CB)]

My Lords, the attention of the House today is rightly turned on relationships between the police and the black community, but there is another sector of the community that feels completely abandoned by the police. Week after week there are marches through the centre of London: pro-Palestinian, anti-Israel, with anti-Semitic slogans and violence. On Sunday the police did nothing while a violent mob gathered outside the leading Jewish community centre in London, to the great distress of those attending a meeting there. When someone pushes back against that, they get arrested rather than the anti-Israel demonstrators in a way that I do not think would happen if there was a right-wing demonstration. I am saying not that there is two-tier policing but that the police are turning a blind eye to a very dangerous and difficult situation. For example, the blockade of Tower Bridge only nine days ago was hardly reported. Will the Minister remind the police that a great deal of anti-Semitism and violence is demonstrating itself on the streets of London? It must be stopped if trust is to be rebuilt.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness for raising that issue. I do not believe there is two-tier policing. I believe the police act impartially against anybody who is committing an offence, and the police will act in that way against anybody who is perceived to be committing an offence. If the noble Baroness has concerns over that, maybe she should raise them with the Metropolitan Police Commissioner, who at least can be aware of her concerns. Ultimately, I believe that police officers will act against criminality and that no judgmental decision is made by the police one way or the other. If criminality occurs, the police should act and arrest; if that arrest is taken forward, the CPS should prosecute, and the court under a jury system should determine.

EU Settlement Scheme

Lord Hanson of Flint Excerpts

Thursday 24th October 2024 Lords Chamber

[The Earl of Clancarty]

To ask His Majesty’s Government what steps they will take to further protect the rights of EU citizens living in the UK; and what improvements they intend to make to the EU Settlement Scheme.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

The Government take citizens’ rights very seriously. The EU settlement scheme has provided 5.7 million people with the immigration status they need to continue to live in the United Kingdom. Pre-settled status is extended automatically to ensure that people do not lose rights because of a failure to make a second application to the scheme. In future, we plan to start granting settled status automatically where we hold the data to do so.

[The Earl of Clancarty (CB)]

My Lords, of a number of concerns that EU citizens living in the UK have, one that stands out is the lack of a physical back-up for immigration status. That is important not only for the vulnerable and digitally excluded. First, will the Government improve the implementation of the digital status so that it can sit with the status holder even when there is no internet connection, providing the physical back-up that the previous Government denied? This remains a concern, particularly with the move to e-visas. Secondly, will the Minister meet with parliamentarians and others, including the3million, to discuss ways forward for this and other concerns?

[Lord Hanson of Flint (Lab)]

I hope that I can assure the noble Earl that, if a request comes in, I will always meet with any parliamentarian to discuss issues in my area of responsibility. It may take time to sort, but I undertake that commitment. The simple answer to his first question is: yes, work is ongoing.

[Baroness Winterton of Doncaster (Lab)]

My Lords, on the settled status voting rights, will my noble friend the Minister look at how advice on voting rights on the Government’s website can be made much clearer? Will he also consider further steps, such as providing guidance to local authorities on the ways in which EU citizens with settled status can be better advised on their voting rights, so that we can increase voter participation and registration?

[Lord Hanson of Flint (Lab)]

The Elections Act 2022 preserved voting rights for individuals from the European Union who had settled status in the United Kingdom. They can vote and stand in elections in every way, with the exception of general elections, where they cannot vote or stand. This is a Cabinet Office responsibility, but I will ensure that the points made by my noble friend are brought to the attention of the Cabinet Office Minister. There is clarity on the Electoral Commission website to that effect, which gives the information that is required.

[Baroness Ludford (LD)]

My Lords, the EU settlement scheme has generally been a success, but there are some problems with it, including those attracting legal action by the European Commission that raise the prospect of another Windrush. Will the new Government undertake an overall review of the scheme, including the impact assessment that has never been done of the denial of physical proof of residence rights and the imposition of digital-only status? That is to be extended throughout the visa system, but we have never had an impact assessment.

[Lord Hanson of Flint (Lab)]

The Government have been aware of both the court cases and the challenges that have taken place—that happened under the previous Government. We believe that we are now legally meeting the obligations of High Court judgments and of the status scheme that was implemented following the withdrawal agreement. However, obviously we keep that under review. We are also aware of the challenges mentioned by the noble Earl, Lord Clancarty, on digitisation and we are working through to, I hope, meet our obligations to those citizens who have a right now to live, work and indeed in some cases vote in this United Kingdom.

[Lord Murray of Blidworth (Con)]

My Lords, the Minister will have discovered that, among his officials, one of the most efficient teams is that which deals with the EU settlement scheme. To what extent are the Government committed to retaining the status review unit, which we set up under the last Government to ensure that those who had obtained EU settled status by deception or had not otherwise met the requirements were dealt with in the appropriate way?

[Lord Hanson of Flint (Lab)]

I hear what the noble Lord has said, and although that is not directly my responsibility within the Home Office, I will refer that to my colleague who works in the House of Commons and who has direct responsibility for this area. However, I hope I can reassure the noble Lord by saying that there have been 8.1 million applications to June of this year, 7.9 million applications have been concluded, and the overall refusal rate is only around 9%. Very often, those are for reasons which this House will accept: due to criminal records or criminal behaviour. So, I hope the scheme is working well. We need to monitor it, it will be ever-changing, and I will certainly take back the points that the noble Lord made.

[Baroness Bull (CB)]

My Lords, following on from the original Question, many people encounter problems with their digital status when trying to travel home to the UK in different time zones. There is a staffed helpline, but it operates only during working hours, so people are likely to get an AI-generated webchat response, which is not always helpful. Will the Government commit to providing a people-staffed helpline 24/7 to help people who are trying to return from different time zones?

[Lord Hanson of Flint (Lab)]

The noble Baroness makes an important point. I cannot commit to that today, but it will form part of a review as to how we look at digitisation and ensure that the people who have the right to have settled status can exercise that right and understand it, have the appropriate paperwork and meet their obligations as well as ours. I fully sympathise with the noble Baroness on chatbots, which I find quite annoying.

[Baroness Whitaker (Lab)]

My Lords, is my noble friend the Minister aware that a large number of Roma people came over here when we were in the European Union to escape a really inhospitable environment, who, largely through digital exclusion, have not been able to apply properly for settled status? In addition, there was some ambiguity about the need for the children of those Roma people to apply separately. Will he look into these problems and see whether they can be remedied?

[Lord Hanson of Flint (Lab)]

The Government take citizens’ rights extremely seriously, and we will continue to work constructively with both the EU and internally with those who represent those who wish to have citizens’ rights, to ensure that we meet the provisions of the withdrawal agreement and that they are properly implemented within the United Kingdom. I heard what my noble friend has said and I will take that back and reflect upon it.

[The Earl of Courtown (Con)]

My Lords, following on from the question from my noble friend Lord Murray, in some areas concerns have been raised about potential abuses within the EU settlement scheme, including the ability of those with criminal records to apply. What steps will the Government take to ensure that these loopholes will be closed and that we are able to keep our streets safe from foreign criminals with no right to be in the UK?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Earl for bringing that question forward. The first duty of the Home Office is to keep our citizens safe and to make sure that those who have criminal activity are punished by being sent to prison or, in this case, potentially by deportation. It is very important that we reflect on that. A large portion of the 9% of refusals are individuals who have a record of criminal behaviour and therefore have been refused under the settled status scheme. We will monitor that ongoing situation, and I assure the noble Earl that criminality has no place within the EU settled status scheme.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords—

--- Later in debate ---

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the previous Government issued EU settlement scheme status to people yet later denied that they had any rights under the withdrawal agreement. Will my noble friend the Minister provide an assurance today that the Government will ensure that everyone with status under the EU settlement scheme is a beneficiary of the withdrawal agreement?

[Lord Hanson of Flint (Lab)]

I can give my noble friend that assurance with a firm yes.

[Lord Deben (Con)]

Does the Minister accept that most of these people are not criminals, that they are welcome in this country and that the way we deal with them should show that people with whom we share culture, history and a great deal of common interest are welcomed, instead of sounding as if they are being pushed back?

[Lord Hanson of Flint (Lab)]

I do not believe I have given the noble Lord, Lord Deben, that impression—I certainly hope not. Some 5.7 million people have been accepted under the scheme, and they are very welcome. They work among us in this city and in my area where I live, they live among us and their contribution is welcome. But we have to monitor the scheme to ensure its integrity, for the reasons that the noble Lord’s Opposition Front Bench indicated.

[Lord Hannay of Chiswick (CB)]

My Lords, when the Minister conducts the inquiry into the digital aspects of settled status and the aspects of possibly having either a plastic or hard copy, will he take account of the large amount of work done by your Lordships’ European Affairs Committee, which three times recommended that it should be possible for a plastic or hard copy to be made available, particularly given the problems of very elderly and infirm people?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for that contribution. I hope I have indicated that we are examining those issues, and he has certainly given me some weekend reading for the future.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

Lord Hanson of Flint Excerpts

Wednesday 23rd October 2024 Lords Chamber

Moved by

[Lord Hanson of Flint]

That the draft Orders laid before the House on 29 July and 2 September be approved.

Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 22 October.

Motions agreed.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

Lord Hanson of Flint Excerpts

Tuesday 22nd October 2024 Grand Committee

Moved by

[Lord Hanson of Flint]

That the Grand Committee do consider the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

It is me and my colleagues again, but perhaps the noble Lord, Lord German, is in a tag team and working to have an input on this order. This order amends the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003—or, as I will now call it for short, the 2003 order—to support the Government’s preferred model for the French delivery of the EU entry/exit system, or EES, in Dover.

As noble Lords will know, EES is the EU’s new border entry system, which is driven primarily by the desire for greater border security and a more secure Europe. The UK Government are supporting the aims of EES, which complement our shared objectives on migration and secure borders. We have been working at pace and closely with our French and EU partners, as well as with industry and across UK government, to ensure readiness for the changes that will potentially be made shortly. I am grateful to all parties for their constructive approach to this.

For the benefit of noble Lords who wish to have greater clarity, the EES requires that non-EU citizens—excluding EU residents, visa holders and those protected by the withdrawal agreement—who wish to enter the Schengen area provide fingerprints and facial scans at EU borders to EU border officials and answer questions about their stay. This will increase the time taken to complete the Schengen entry process.

As immigration controls in Dover are juxtaposed, non-EU citizens, which includes most British nationals, will provide these details to officers of the French Police aux Frontières—PAF for short. PAF officers conduct Schengen entry checks in the control area at the eastern docks in Dover, which, as noble Lords will know, is a confined space with large volumes of freight and passenger traffic going through Dover, particularly at peak times. If this continues in the current format once EES is implemented, there is likely to be severe congestion or disruption at the Port of Dover; the very nature of fingerprinting and facial recognition take longer than the current system.

Therefore, the Government have engaged constructively with the French and the EU to explore mitigations. France has agreed—with our thanks—that its PAF officers should complete EES checks for coaches in an additional coach control zone at the western docks. This approach will ensure that there is sufficient capacity to conduct EES checks on coaches that is not available at the eastern docks.

To do this—this is the key part of the SI before the Committee today—France has requested two changes to ensure that PAF officers can operate the controls effectively. These are that PAF officers must be able to travel between the control zones with their service weapons, and that PAF officers must be able to escort any detained persons they have arrested following immigration examination in the new control zone at the western docks to the control zone at the eastern docks, where they currently carry out their immigration controls in full.

As your Lordships would expect, government officials have consulted relevant stakeholders, including Kent Police and a number of other agencies, on this requirement of the French authorities. Senior officers are satisfied that the risks are minimal and can be managed through appropriate safeguards and standard operating procedures. The French have agreed to these and the Government have approved France’s requests.

This order, therefore, creates what we are calling a “circulation area”, which will be a section of the A20 public road, approximately 1.5 miles long, linking the French control zone at the western docks with the existing control zone in Dover. It will also enable PAF officers to travel between control zones via the circulation area and will extend certain powers and provisions in the 2003 order, which are applicable only in a control zone and now to the circulation area.

Therefore, PAF officers will be permitted to travel with their service weapons, in the circulation area only, between control zones. Officers will also be able to escort detained persons between control zones. They will not, however, be able to arrest or detain anyone in the circulation area who has not already been detained by them in the exercise of their functions within a control zone.

When PAF officers escort a detained person in the circulation area, certain provisions will apply, just as they do when officers exercise their powers in a control zone. Specifically, PAF officers will be protected against acts or omissions committed against them that constitute offences under an immigration control enactment—for example, assault or obstruction—in the same way that British immigration officers are protected against these. They also cannot be prosecuted for any offence committed when they are exercising their lawful powers under the 2003 order in the circulation area. Additionally, procedures concerning the arrest of a PAF officer for acts performed in a control zone will also apply to PAF officers exercising the power to escort detained persons in the circulation area.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, we welcome this order. I will be brief. I thank the Minister for his detailed explanation of the regulations, which was helpful. Perhaps I can help him by reassuring the noble Lord, Lord German, that, when I was in the Home Office, the rollout of the ETAs to which he referred was very much on track and was highly efficient—I am sure it still is.

My party does not have quite the same forensic interest in the geography of Dover as the noble Lord, Lord German, and it is content that the regulations will deliver what is expected of them. But I do have a couple of brief questions. According to the Explanatory Notes to the regulations, no impact assessment has been undertaken. Is there a particular reason for that, or a perfectly innocent explanation? As the noble Lord, Lord Coaker, is in the Room, I should say that I am asking this mostly because he used to ask me for impact assessments regularly when I was standing in his place.

I appreciate the detailed description of the powers of the PAF officers, but I did not hear the circumstances in which the use of firearms would be permitted. What are the restrictions, if any, on those officers? It may be that I just did not hear that.

Are arrangements in place to allow the employees of other foreign agencies to carry firearms when working in the United Kingdom? More generally, is this a reserved or a devolved matter?

[Lord Hanson of Flint (Lab)]

I am grateful for noble Lords’ questions, which I will try to answer to help them understand the legislation and its impact—and hopefully to support it.

I say to the noble Lord, Lord German, that this is being undertaken and framed in this way because Dover carried 68,000 coaches in 2023, and 4,000 in the peak month of July. The noble Lord will know that the Schengen changes have been delayed to a date yet to be determined, and we do not yet know what their impact will be when they come in, but, undoubtedly, unless these measures are put in place, there will be longer delays for coach travel.

The noble Lord asked whether that is an issue for vehicles. He asked about cars. I hope I can reassure him by saying that the Port of Dover is looking at significant work, including reclaiming land in the port specifically for EES registration. Therefore, conversations are ongoing on the potential new area being used for car registrations as well as for coaches. The order does not preclude any particular type of vehicle, but the primary purpose at the moment, to ease any pressure in the event of the regulations being introduced by the EU, would be for the 68,000 coaches travelling through the Port of Dover each year.

The noble Lord mentioned the circulation area, which, as I indicated, is a 1.5 mile-long stretch of the A20 linking the French control zone at the western docks with the existing control zone in Dover. I reassure him—I hope this will help—that it will be for use just by vehicles by the French authorities and it is not envisaged or agreed that it will be undertaken by any means other than vehicles.

The noble Lord asked about juxtaposed controls generally. Dover/Calais is a classic example of where we need those controls in place. I hope I can reassure him by saying that we have juxtaposed controls in France, not just at Calais but at Dunkirk for ferry crossings, at Coquelles for the Eurotunnel, and at Paris Gare du Nord and Lille-Europe for the Eurostar. We also have them in Belgium at Brussels-Midi, and in the Netherlands at Amsterdam and Rotterdam, for train services. That is part of the general relationship that we have to have with the European Union in the post-Brexit era. We were never part of Schengen in the first place, so even under a pre-Brexit solution, that would still be a challenge that the Government would have needed to examine. I hope that reassures the noble Lord on those points.

[Lord German (LD)]

Does the Minister have a date for the introduction of the UK ETA scheme? The noble Lord, Lord Sharpe, told us that it was going along admirably.

[Lord Hanson of Flint (Lab)]

The noble Lord, Lord German, asks an interesting and pertinent question. The noble Lord, Lord Sharpe, indicated that, under his administration, it was moving along swimmingly. Let me tell the noble Lord, Lord German, that it still is. I will leave it at that.

I shall answer a couple of the points mentioned by the noble Lord, Lord Sharpe. First, he rightly asked—again, my noble friend Lord Coaker has asked this question many times—what the economic impact will be. I can tell the noble Lord—I hope that this also reassures my noble friend—that the estimated cost of this is minimal: around £3,052 over a 10-year appraisal period. It was therefore well short of any threshold that required a full impact assessment; in fact, any impact assessment would have cost more than its results. So that impact assessment has not happened, but I hope the noble Lord understands why that was the case.

The noble Lord, Lord Sharpe, also asked why and how PAF officers would potentially need to use their service weapons in the UK if they were carrying out immigration checks only. I need not remind the Committee, I hope, that any individual at any time can be a danger to those checking border paperwork and looking at issues to do with the regulation of this area. We do not know at any particular time who is going to be there and what threat they may pose. It is a requirement for the French authorities that they carry weapons accordingly, but I assure the noble Lord that that will be regulated by French national legislation in accordance with their normal working practices. PAF officers are required to carry service weapons; they do so while carrying out their work at the juxtaposed controls in the UK, but they do so under the same strict regulation that we discussed earlier in the Chamber in relation to firearm control. I hope that that reassures the noble Lord.

With those comments, I again commend this order to the Committee.

Motion agreed.

Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024

Lord Hanson of Flint Excerpts

Tuesday 22nd October 2024 Grand Committee

Moved by

[Lord Hanson of Flint]

That the Grand Committee do consider the Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024.

Relevant document: 3rd Report from Secondary Legislation Scrutiny Committee

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, this order was laid before Parliament on 2 September. I thank the Advisory Council on the Misuse of Drugs, which I shall, for the purposes of brevity, call the ACMD from here on in, for its detailed and thorough advice, which has informed this draft order.

The purpose of this draft order is to amend Schedule 2 to the Misuse of Drugs Act, known as the MDA. The draft order will control six substances, as well as introduce a generic definition for nitazenes, as class A drugs and control 16 substances as class C drugs. The draft order will also make an amendment to an existing class B drug to give further clarity by adding an additional common name and its International Union of Pure and Applied Chemistry name to its entry.

I turn to 2-methyl-AP-237 and closely related substances. New synthetic opioids remain a current international and domestic public health threat. The ACMD has reported that, as with traditional opioids such as heroin, these can lead to dose-dependent adverse effects, including overdose risks, as well as the high potential for addiction and dependence. One of the 22 substances that I mentioned, 2-methyl-AP-237, was added to Schedule 1 to the Single Convention on Narcotic Drugs 1961 following the 66th session of the United Nations Commission on Narcotic Drugs. The UK is a signatory to that—I hope that Members have followed me so far—and we have an obligation to consider its introduction under domestic legislation.

On 27 March, the ACMD issued a report which considered the harms of 2-methyl-AP-237 but also provided advice to Ministers on closely related acyl piperazine opioids. The ACMD also noted the likelihood of further increases in their prevalence, as well as the potential health and social harms associated with specific acyl piperazine opioids. Following the recommendation from the ACMD, this draft order seeks to control four named acyl piperazine opioids and two chemically bridged acyl piperazine derivatives, which include 2-methyl-AP-237, as class A drugs under the MDA.

Under the MDA, there are several named nitazenes—another form of synthetic opioid—that are already listed as class A drugs. However, more needs to be done to reduce the opportunity for criminals to circumvent existing controls by making minor alterations to the chemical structure of these named drugs under control. As such, with this order we are trying to introduce a generic definition for nitazenes that has been recommended by the ACMD. The purpose of this is to future-proof the legislation by covering known and predicted variants likely to present a significant risk to health. The ACMD has already published four updates to address new structurally related compounds under the definition. As such, the draft order is designed to introduce a generic definition for nitazenes as a class A drug under the MDA.

I add for the Grand Committee’s consideration that many known benzodiazepines are used for medicinal purposes in the UK for the treatment of anxiety, insomnia and epilepsy, but more recently there has been an increase in the non-medical use of novel benzodiazepines and related compounds, which have been associated with significant health harms, including an increase in annual numbers of deaths where a benzodiazepine has been implicated.

The ACMD reported on benzodiazepines in 2020 but has since provided further advice on substances that are not controlled under the MDA. In the report dated March 2024—it obviously went to the previous Government—the ACMD recommended 15 benzo- diazepines for control, none of which is licensed as a medicine in the UK. As such, this draft order seeks to control those 15 benzodiazepines and related compounds as class C drugs under the MDA, in line with the ACMD’s advice.

We have seen an increase in the illicit use of xylazine, a non-opioid tranquiliser that has been approved for use in veterinary practice. Xylazine is being used to adulterate illicitly manufactured opioids, such as fentanyl, to produce a mixture known as “tranq” in the USA. In combination with other sedatives, it can dangerously lower a person’s level of consciousness. Again, these are recommendations to me, the ministry and the Home Office, and therefore, via the Home Office, to this House. The ACMD has recommended that the draft order should control xylazine as a class C drug under the MDA.

The order also looks at the entry for methoxphenidine, to add an additional common-use name and its full international standardised name, which will be covered by the order. This does not affect the existing control status of the substance as a class B drug. Instead, it will add clarity on exactly which drug is controlled, given that there are multiple common names.

I turn to the effect of this order. If it is made today, it will make the substances that I have indicated subject to controls under the MDA and associated offences. This will provide enforcement agencies, such as the police, with the appropriate powers to further restrict the supply and general use of the substances that I have mentioned. Unless exempt, these substances are likely also to be subject to the provisions of the Psychoactive Substances Act 2016, on which I fondly remember sitting in Committee in another place for many moons. Once controlled, they will be subject only to the provisions of the MDA and will no longer be covered by the Psychoactive Substances Act.

The MDA contains much higher penalties for the supply of these drugs and provides for a simple possession offence. Those who supply or produce class A drugs could face up to life imprisonment or an unlimited fine, or indeed both. For a class C drug, the penalty could be up to 14 years’ imprisonment or an unlimited fine, or both. Those found in unlawful possession face up to seven years in prison for a class A drug and up to two years in prison for a class C drug, or an unlimited fine, or indeed both.

Therefore, if this order is made, another statutory instrument will have to be introduced later, via the negative resolution procedure. This will seek to make amendments to the associated legislation, namely the Misuse of Drugs Regulations 2001 and, if necessary, the 2015 misuse of drugs designation order. This negative statutory instrument will seek to schedule and designate these substances to ensure that they are appropriately available for legitimate use, which is important for this House to know and consider.

Although all these substances, and the generic definition of nitazenes, have been identified as having no recognised medicinal use in the United Kingdom, xylazine remains a veterinary medicine. As such, this will be the only substance placed under Part 1 of Schedule 4 to the MDR, to enable its continued legitimate use. All others will be listed as Schedule 1 drugs and will require a Home Office-approved licence for research and other special purposes. It is the Government’s intention that these amendments will come into force on the same date as this affirmative order in due course early next year.

I hope that I have not surrounded noble Lords with too much information or too many acronyms, but it is important to note that this draft order encompasses a number of recommendations, all of which have been made by the ACMD following detailed and independent assessment of the harms associated with these substances. Noble Lords will know that drugs can ruin lives and continue to affect society as a whole. This Government are committed to protecting the public against such dangerous substances and ensuring that appropriate controls are in place. I hope that the Grand Committee will agree with the Home Office’s recommendations and this draft order. I beg to move.

[Baroness Doocey (LD)]

My Lords, we accept the recommendation of the advisory council and support the tightening of these regulations. I shall add a couple of comments. In relation to synthetic opioids, given the continual emergence of new individual nitazenes, we are in favour of introducing a generic control for these substances. They can be much more potent than heroin, leaving users at a particularly high risk of accidental overdose. Nitazenes have already cost lives in the UK, and although there is little local evidence of the impact of the other six synthetic opioids named in the order, the potential harm they could wreak is abundantly clear, given the high risk posed for addiction and fatality, as outlined by the Minister.

The need to keep up with organised crime’s ability to synthetise new varieties of opioid is crucial at a time when the UK and European markets are especially vulnerable to their influx, given the noted drop in the supply of heroin and fentanyl. The market is shifting as people seek alternatives, so it is highly likely that the substances named will become much more prevalent. The advisory council’s report calls the individual controlling of these six named synthetic opioids “a short-term approach”. Will the Government consult on the introduction of a generic definition for these substances similar to that for nitazenes?

I also have real concern about the UK’s ability to detect these new substances in a timely fashion. I note that screening and chemical testing for them is extremely limited, that many laboratories do not have the resources routinely to check for them and that they are often not incorporated into police drug tests. Given the damage that we have seen synthetic opioid addiction wreak on parts of the USA, it is of the utmost importance that we have all the warnings we can get of what is emerging on the UK market and where.

The importance of this is underlined by another of the substances we are dealing with today, xylazine. The first UK death in which it was implicated came to light only thanks to the vigilance of a toxicologist who detected it at postmortem because they decided to investigate what they thought were strange results. Internationally, heroin and synthetic opioids such as fentanyl are increasingly being cut with xylazine, and we know it is increasingly present in fatal overdoses in the US where in some states it is present in more than one-quarter of all drug deaths, yet because xylazine is not included in standard UK drug testing we do not know how widespread its use is here. It is a not a nice drug. It leaves people like zombies and its continued use rots their skin from the inside. Back in 2022, there was also apparently no way of recording it in the UK drug deaths database. Is this still the case? Will the Minister address my wider concerns around testing?

The Liberal Democrats do not believe that criminalising individuals for drug possession is the answer, and we will continue to call for a better public health response to tackling the drugs crisis. Will the Government make any additional funding available to enable the consistent national implementation of pre-arrest and pre-prosecution police drug diversion schemes?

--- Later in debate ---

Today, we heard a bit about possible sentencing, but we have also seen more offenders released from our prisons early. What is the Minister’s reflection on the ability to sentence for drugs misuse in that context?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Doocey, and the noble Lord, Lord Sharpe, for their contributions from both Opposition Front Benches.

I will deal initially with the noble Baroness, Lady Doocey. She made an important point about consultation and the further discussions around a potential generic definition for the six synthetic opioids and for nitazenes. She will know that the original order has arisen because of the ACMD’s recommendation of 24 March that consultation be undertaken with various stakeholders. Consultation was undertaken with academia, the chemicals industry and the pharmaceutical industry on the introduction of the generic control in order to cover the points before the Committee today.

Following the consultation, the ACMD recommended that generic control be added to class A of the MDA, consistent with the classification of other potent opioids. We will certainly consider the noble Baroness’s suggestion that it would be appropriate to consult key stakeholders in due course. I assure her that that will be kept under review and that we will rely particularly on the ACMD’s future advice on that generic definition; however, as with the 24 March order, consultation will take place.

The noble Baroness rightly recognised the great harm done, particularly in the United States, by some of the drugs mentioned in this order. She also rightly highlighted the need to monitor drug deaths accordingly. Detections of xylazine in drug-related deaths are now recorded on the drugs death database, which is available through the Office for National Statistics. I accept that that is not necessarily the most user-friendly way of getting those figures, but they are available, open to scrutiny and open to comment from the noble Baroness. The HMG Synthetic Opioids Taskforce is currently overseeing and co-ordinating the Government’s strategic response to the threat of synthetic opioids—and threat there is. The task force will look at the prevalence and harms of xylazine and its co-use with synthetic opioids; I hope that that gives the noble Baroness some reassurance on that point.

The noble Baroness raised the important issue of the public health response. This is a drug response. As the noble Lord, Lord Sharpe, mentioned, there is a criminal justice aspect to that response in today’s order, but it is important that we focus on the public health response as well. The noble Baroness will know that we are currently in the process of carrying out a financial review for 2025-26 and that the Chancellor is in a pre-Budget period, so it is difficult to discuss these matters generally, but I give her this commitment: it is the Government’s firm belief that we need to ensure that we divert people from illegal drugs through interventions, such as drug treatment services, to help reduce drug misuse, drug-related crimes and reoffending.

Before I came to this House or to the other place, I worked as director of a charity dealing with drug and solvent abuse. Interventions are key to prevention, in both family and individual support, by ensuring that they reduce access to drugs and reduce offending accordingly.

We support the use of drug testing on arrest and out-of-court resolutions to ensure that individuals who commit drug-related offences are given the opportunity to change their behaviour. Again, I hope that while this is a drug identification and criminal justice response, there is a wider agenda underneath to examine the points that have been made. I also put it to the noble Baroness that any substance capable of producing a psychoactive effect is likely to be captured by the Psychoactive Substances Act 2016, which will mean that the supply remains unlawful.

I am grateful also for the general support of the noble Lord, Lord Sharpe. He may well, dare I say it, have seen some of the information that relates to this when in a previous Government he held, with some great support, the post that I hold now. He will know that we will examine a range of mechanisms. The points that he raised today are extremely valid and supported, and we will certainly look at them as we take this matter forward. He particularly raised the generic definition of nitazenes. The ACMD has published four addendums to the generic definition and we, and the ACMD, will continue to monitor the position accordingly. If new compounds emerge, self-evidently we, as a Government with the advice of experts, would want to ensure that those were legislated on to protect the public and support individuals, in the same way that the noble Baroness, Lady Doocey, mentioned earlier.

The noble Lord introduced—rather cheekily, if I may say so—the question of whether, if these penalties are approved, as they potentially will be in due course, there will be a potential impact on prison places. I should clarify that that approval will be by the Privy Council. He will know that my right honourable friend Shabana Mahmood, the Lord Chancellor and Secretary of State for Justice, is currently examining mechanisms to ensure that those serving short prison sentences find alternatives to custody in a positive way, while still paying a penalty to society and still being potentially under either house arrest or some other treatment order. That will depend on the reason why they committed offences in the first place.

I reassure the noble Lord that prison will be there for people who deserve it, but that there will be alternative sentences where deemed appropriate by the judiciary. We are trying, with the Ministry of Justice, to expand the potential examination of those issues. The noble Lord will also know that a sentencing review has just been announced under a former Member of Parliament from his own Benches, David Gauke. That will ultimately feed into a justice policy that I hope is fit for the next 10 years, as opposed to the last 14.

I clarify for the Committee that the amendments will come into force on the same date as this affirmative order, early next year. They will go to the Privy Council for approval and, once approved, as I hope they will be by this House as well as the Privy Council, will become law to tackle what are difficult issues, but on which I sense that there is an element of coterminosity between the three speakers in this debate.

Motion agreed.

Police: Firearms Officers

Lord Hanson of Flint Excerpts

Tuesday 22nd October 2024 Lords Chamber

[Lord Hogan-Howe]

To ask His Majesty’s Government, following the acquittal of a police officer charged with murder in the case of Chris Kaba, what steps they plan to take to review the legal position of firearms officers.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I thank the noble Lord, Lord Hogan-Howe, for his question. As my right honourable friend the Home Secretary said in her response to yesterday’s verdict, this case has caused deep concern for communities and police officers—and, of course, for both families involved. It is important that those families are given space to process the verdict. The Home Secretary confirmed to Parliament in September that work begun under the previous Government on the police accountability system was important and would continue. She intends to set out further steps on that work in the Commons in the coming days. Of course, I will update this House when she does.

[Lord Hogan-Howe (CB)]

I thank the Minister for that reply, and I apologise to the House for not reading out the Question, as I believe I should have.

Obviously, this is a tragedy. It is a tragedy that a man died, and it is a tragedy for the family, for their son, perhaps for the brothers and the rest of the family. I realise that. But despite the fact that the jury in this case was unaware—as we all were until today—that Mr Kaba was to be charged and indicted for a shooting only days before he was shot dead, that he was linked to a person being shot in May of the same year, and that the vehicle in which he was traveling had been linked to a further shooting, it took a jury only three hours to find the officer in the case not guilty.

Police officers who carry firearms are very few. There are 67 million people in this country, but only around 3,000 who, on our behalf, are volunteers who must go forward to face someone who is armed or otherwise dangerous. They are paid no more for taking that awful responsibility. They do not go to work each day to kill anyone. It seems that the system does not give them the benefit of doubt that was given by the jury in this case.

Perhaps the Minister will consider in his reply today, or, if necessary, tomorrow, how the legal system can give the benefit of the doubt to these brave men and women, who on our behalf, in a fraction of a second, have to make the most awful decision they will make—perhaps never, but usually only once in a career.

[Lord Hanson of Flint (Lab)]

The noble Lord will know that it is for the Crown Prosecution Service to determine what charges are processed. In this case, under current regulations, it determined to make those charges at this time. It is also for the jury to consider the evidence put before it, which it did in this case, and reached a verdict of acquittal within a short space of time. It is also for the Home Office to ensure that we support our police officers in doing a dangerous job upholding the law and protecting our society. All those aspects and the outcome of this trial will be assessed by my right honourable friend the Home Secretary. As I have indicated to the House, and to the noble Lord, I will report back when we make the Home Office Statement in the House of Commons and, in due course, this noble House also.

[Lord Sharpe of Epsom (Con)]

My Lords, first, I thank all the armed police officers who serve, particularly those who protect us in this House. As the noble Lord, Lord Hogan-Howe, said, this is indeed a tragic situation. But yesterday Sergeant Martyn Blake was exonerated fully. As another accused and exonerated officer, Tony Long, writes today in the Telegraph:

“The public is only now finding out the whole truth about Chris Kaba”.


He says of Mr Kaba’s fellow gang members that

“they should have all benefited from anonymity, granted by the courts, while Martyn Blake was denied the same privilege, isn’t just ironic, it’s a national disgrace.

I agree. What steps will the Minister take to reassure current firearms officers so that they have the confidence that they can carry out their duties with the support and backing they deserve?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Sharpe, for his contribution. He will know that the jury in this case made its assessment and gave its verdict on the evidence presented before it. Other matters on which he has commented were not presented to the jury and, therefore, the acquittal in this case was determined by the information presented by the prosecution and the defence.

The noble Lord will also know that it is important to thank the officers, who are voluntarily doing the task of being armed officers. This Government are certainly aware that we need to examine the regime and discussions around it in the light of this case and others that he has mentioned. Police officers are accountable to the law for their use of force and it is right that their powers are scrutinised robustly. It is also important that we commit to working with the police to strengthen officers’ confidence that they have the support of the Home Office in undertaking their task.

[Lord Harris of Haringey (Lab)]

My Lords, I refer to my policing interests in the register. Of course, it is appropriate in any case where lethal force is used by the police that it is properly looked at, accountability is maintained and everyone can be satisfied whether or not that force was used appropriately. But why does it have to take so long? These cases drag out, often for several years. That is not appropriate and not in the interests of the family of the person killed or anyone else. What could be done to expedite matters?

[Lord Hanson of Flint (Lab)]

I agree with my noble friend that it is in the interests of society as a whole, and of both the community and officers, that when difficult decisions are taken around charging following killings by police officers, these matters are resolved as speedily as possible. My right honourable friend the Home Secretary is reflecting on that; she and I will report to both Houses and consider those matters further.

[Baroness Doocey (LD)]

My Lords, for any family to lose a child is truly tragic, but it is absolutely dreadful to lose a child in such circumstances. When you add to this the deep distrust of the police in some communities, this can lead to all sorts of problems and suspicion. The police must never be above the law, but neither should they have to wait two years for a jury unanimously to find them not guilty of such a serious charge that has been hanging over them and their family. The situation is appalling. What steps are the Government taking to fix the criminal justice system, which is broken on all levels?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Doocey, for her question. An individual lost his life in this circumstance. The jury made a decision based on the evidence before it. That is not to take away from the fact that an individual lost their life and that that has a big impact on the family. There has also been a major impact on the police officer who has been charged with, and now acquitted of, the offence initially suggested by the CPS. How long that takes is a valid question and I understand why the noble Baroness raised it. We will look at that in due course.

The noble Baroness said that the criminal justice system is broken. It has many challenges but this Government have not had stewardship of that system for the last 14 years. I did, in part, when I was a Minister in the previous Labour Government. There are challenges now about timing and a range of issues, which my right honourable friend the Secretary of State for Justice will be examining. Issues that relate to the Home Office and the matters before us in the Question from the well-versed and experienced noble Lord, Lord Hogan- Howe, will be examined in due course.

[Lord Stirrup (CB)]

My Lords, some police officers have been found convicted of appalling crimes but many others have given their lives in the line of duty, so there is a difficult balance to be struck here. It is of course right that police should be held accountable, but is the Met Commissioner not right when he says that if we crush the morale of the police, we make all of our society less safe? So, in considering the way forward, what discussions and consultation will the Home Secretary be having with those who work on the front line of policing in this country?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble and gallant Lord for his question. It is vital both that the police have confidence to exercise their duties, as demanded by this House and the Government as a whole, and that they do that in a way that is accountable but with proportion and under the rule of law. That is what we are going to examine: whether the experience of this case affects and impacts upon that particular aspect.

It is also important that the community has confidence in policing, and the two go hand in hand. We therefore need to ensure that we work through this, not just today but in the longer term, to build community confidence in policing and to ensure that the police themselves have confidence in their operational skills and that, for the reasons given by the noble Lord, Lord Hogan-Howe, they have confidence to discharge their duties. At the end of the day, they are protecting society and are given those powers by this House and the House of Commons to do so.

[Lord McLoughlin (Con)]

My Lords, I very much welcome the way in which the Minister is dealing with this. I had the privilege of meeting the armed section of the British Transport Police some years ago, and I was in awe of the responsibility that we place on police officers who are armed and on the front line for us. Obviously, this is a particularly tragic case, but it is also important that we say to the police that we give them our full support when they are carrying out their duty to protect the public.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for his support and for his welcome. My right honourable friend the Home Secretary is continuing the accountability review that was established by previous Home Secretaries in previous Governments to examine the issues that are before this House in many of the questions raised today. My right honourable friend is reaching urgent conclusions on that and, as I have indicated today, will be reporting back to the House of Commons. My commitment to the noble Lord and this House is that, the moment she does so, I will be here to do the same, and I will be open to questions on the detail of any proposals in due course.

[Lord Paddick (Non-Afl)]

My Lords, I declare my interests as set out in the register. A former armed police officer speaking on the BBC’s “Today” programme this morning—and I commend his contribution to noble Lords—asked whether an alternative akin to a military court martial could be used in such cases. Is that something the Government would consider?

[Lord Hanson of Flint (Lab)]

As with the noble Lord, Lord Hogan-Howe, the noble Lord, Lord Paddick, brings great experience to this matter. He has made a suggestion that is worth reflecting upon, but I do not wish to give consideration to it today. There are areas that we are looking at in this whole process that I will discuss with this House in due course, but today I would rather reflect on the fact that we have confidence in our police to do the job, that the jury and the CPS came to a conclusion in the trial yesterday that respects the rule of law, and that the jury has been unanimous in its decision. We will reflect on how we approach the situation post today, if the noble Lord will allow it.

[Lord Faulks (Non-Afl)]

The Minister said that the jury was wholly unaware of the recent evidence that we have now been given in relation to the victim and various activities that he had been involved in. But, of course, the police will have been aware of all those matters; equally, the prosecution authorities will have been aware of those matters when deciding whether or not it was appropriate to charge and try the defendant. Is the Minister happy that, with all that information, it was nevertheless considered appropriate to bring this matter to trial?

[Lord Hanson of Flint (Lab)]

It is for the Home Office to make decisions on a range of issues. Rightly, I am not eligible to become the Crown Prosecution Service and determine what information it presents to a jury; nor am I in a position to be the jury in the trial because I have not been party to the information that was presented to it. It is for the CPS to charge and the jury to determine, and then—if a conviction takes place, which in this case it did not—for the judge to pass sentence and for the criminal justice system to manage that sentence in an effective and appropriate way. I hope the noble Lord will accept that his points are interesting but not for me.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, in 35 years as a serving police officer, many as a detective, I developed a very high regard for members of juries. I think we tend to not give them all the information. When I was the president of the Police Superintendents’ Association, we campaigned vehemently to change the law on the right to silence. Your Lordships may be surprised to know that when we interviewed prisoners who continually said “no comment”—noble Lords will probably have seen that happen on television —we were not allowed to give that information to the jury as it was felt that it would be too prejudicial. The law was changed and I think we have had a better justice system since then. Martyn Blake was acquitted—and what a catastrophe it might have been had he been convicted. Can the Minister say whether an appeal on the evidence we have heard today would have been put before the appeal hearing?

[Lord Hanson of Flint (Lab)]

Again, I know the noble Lord has great experience of policing, but he will also know that those policing matters, those charging decisions, that acquittal decision and any appeal decision are not for the Home Office. The issues that we will be examining are around police accountability and the issues that have arisen out of this case, but not this case. It is not for me to be judge, jury, CPS or, indeed, police. If I did all those things, this House would soon call me to order.

Refugees (Family Reunion) Bill [HL]

Lord Hanson of Flint Excerpts

2nd reading
Friday 18th October 2024 Lords Chamber

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Baroness, Lady Hamwee, for bringing the Bill before the House today. I feel a bit of a latecomer to the debate, having heard that there have been four or five previous attempts to cover this issue, before my membership of this House—indeed, before my membership of another place ceased in 2019. I appreciate the tenacity of the noble Baroness and will certainly reflect on the comments made not just by her but by Members across the House today.

This Government are trying to reset the debate on migration issues as a whole. We are undertaking some significant policy changes which will come before this House, on a range of issues to do with gangs, boat crossings and border security, which will reflect the change of tone in the approach to tackling some of these difficult migration issues. I understand and respect the reasons why the noble Baroness has brought this Bill forward today and hope I can answer some of the points that she raised.

Perhaps I may say to the noble Baroness, Lady Bennett, that we are still in the 106th day of the Government. There is therefore an opportunity to look at a four-year plus programme, not just at what happens in the first 106 days, which have already been a time of significant challenge for the Home Office on a range of issues and will continue to be so.

I thank the noble Baroness, Lady Hamwee, for raising this very important issue. I thank noble Lords for their thoughtful and passionate contributions to our debate today and for their analysis of some of the reasons why those drivers are present. I reassure all noble Lords that the Government fully support the principle of family unity and share their concerns regarding families who have been separated by conflict or persecution. It is for precisely that reason that the Government support what has been referred to already: an existing comprehensive framework for reuniting refugees with their families in the UK. I emphasise to the House that this framework is set out in the Immigration Rules, which a number of noble Lords have referenced today, and in our refugee family reunion policy.

The Government fully recognise that families will become fragmented and that the nature of conflict and persecution, referred to by a number of noble Lords, will continue to cause difficulties. However, the family reunion policy allows those with protection status in the UK to sponsor their spouse or partner and children under the age of 18 to join them here in the family unit, when an individual has fled their country of origin to seek protection in the UK. That family reunion policy has seen more than 62,605 individuals reunited with their family members in the last decade, when the party of the noble Lord, Lord Sharpe of Epsom, was in power. Over half of those individuals are children and this significant number highlights the policy’s success in providing a vital safe route.

There is no fee for family reunion. Sponsors are also not required to meet any financial or maintenance requirements. Immediate family members, such as partners and children under 18, are entitled to that sponsorship and protection status. It is very important to recognise the baseline from which this House begins, which is that the UK’s refugee family reunion policy is in this regard at least as generous—in some cases, more generous—than European and non-European countries.

I also invite noble Lords to consider the range of routes across the Immigration Rules through which family reunification can be sought. In addition to the refugee family reunion policy, the UK wants to meet its international obligations, and this Government certainly want to continue to meet theirs, so that close relatives with protection status in the UK can sponsor children where there are serious and compelling circumstances. This can be in situations where the child has no family other than a non-parent relative in the UK, who they could reasonably expect to support or care for them. Furthermore, individuals with that protection status can sponsor adult dependent relatives living overseas to join them as well.

There are issues already in place where those international obligations can be met and, in line with those obligations, this Government recognise that some applicants do not meet those current rules. None the less, in exceptional circumstances their applications will be granted by my right honourable friend the Home Secretary, where a refused application would mean a breach of their family life and responsibilities. I recognise the difficult situations for people whose protection status in the UK means that they find themselves across the world from their family members. I take this moment to make clear the Government’s commitment to reuniting families whose lives have been disrupted due to conflict or persecution.

Ministers always come to a “However”, and I now come to mine. However, there are challenges in this Bill that the Government need to reflect on, some of which were mentioned by the noble Lord, Lord Sharpe, in his contribution. I see some of them in the Bill. The focus of today’s debate has been on children; I understand that, but the Bill is about not just children but the wider family, and there is no assessment or acceptance of what the parameter of that might be. That needs reflection by the Government as part of their consideration of today’s debate. It is essential that this Government take time to reflect on the issues that have been raised in this House, give thoughtful consideration to them and look at them in the context of the wider government policy we are now undertaking.

This Government are trying to establish a border force and put some real action against the criminal gangs to stop them operating. They are trying to disrupt the gangs through ways that have not been utilised before. They are trying to ensure that we have in place a speedier, more efficient and more effective asylum and refugee system than we had previously. They are trying as well at making sure that we look at using immigration for the wider good of the economy. All those issues are currently on the table, and it is important that we examine the concerns that a number of noble Members have raised in this House in the context of that wider policy. In looking at any policy changes, the Government have to strike the right balance between what they want to do as the right thing—ensuring the protection of children and reuniting refugees and their family members in the UK—and, difficult though it is to say this from the Dispatch Box, the issues around local authorities, public services and the pressures on them. They have to take into account the way this Bill will impact the wider government policy on asylum, migration and the other issues before this House today.

Expanding the policy to extended family would—undoubtedly, in my view and in those of my colleagues across the Home Office—have a significant and difficult impact on stretched public resources. It would also mean that we have to bring more people into scope of the policy, including those who may not necessarily need international protection themselves. I want to make sure that we examine in detail the points put before the House today and the points in the Bill of the noble Baroness, Lady Hamwee. We need to do that in a way that makes sure that we maximise the best use of our resources and efficiencies within the complete picture of the Home Office’s approach to this issue.

We are clear that significantly expanding the policy to enable children to sponsor family members would also potentially cause difficulties around safeguarding responsibilities. Again, I am acutely aware of and have looked at—and will look again at —the issues raised by committees of this House and the Home Affairs Select Committee in another place. But on our 106th day in office, it would be rash to take those steps today without a reflection on that as a long-term responsibility. It is important that we make sure that we safeguard our own responsibilities, as well as safeguarding the children who will come here as refugees, by looking at that in a clear and open way.

While the issue of children being sent as a magnet for their parents may be controversial and have no merit—some discussions may be needed—it is important that we reflect on that and look at it in detail. We must make sure that the policy we bring forward as a Government meets the obligation of safeguarding children while meeting our international responsibilities and doing what we said we would do: ensuring that, wherever possible, family reunion is important. Again, there are criminal gangs which will watch this debate and the Bill’s progress and seek to exploit these issues. It is important that we reflect on that in a sensible and productive way, hearing what the House has said while looking at that in detail downstream.

Family unity is a key priority under the Government’s policy and there are ways through which we can do that. Mention has been made of Article 8 of the ECHR. I am proud to say today that this Government will not withdraw or scrap the ECHR; we are committed to its implementation. The right to family and private life is a qualified right, however. It is therefore the prerogative of a responsible Government to consider the economic well-being of the country and to balance Article 8 with the interests of maintaining effective immigration control and protecting the public purse. That is not to say that we rule out the points made by the noble Baroness, but we have to reflect on them, look at them and understand what the Bill means in practice.

The Bill would reinstate legal aid in family reunion cases. I remind noble Lords that legal aid for refugee family reunion can be applied for under the exceptional case funding scheme, where failure to provide legal aid would risk breaching an individual’s human rights. Under the scheme, separated migrant children are able to receive civil legal aid for applications made by their family members and extended family members. This includes support for entry clearance and permission to stay in the UK made either under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances. However, as has been mentioned, legal aid is paid for by the taxpayer. As noble Lords will understand, we will shortly come to a Budget and resources are not limitless. It is important that we examine the demands made today in the light of those resource pressures, ensuring that we still support those who need and seek our protection.

The noble Lord, Lord Sharpe, made some points on discussions that he has read about overseas aid and development. Some of those points relate to Budget discussions and, again, the House will understand that I am not at liberty to discuss those today, but I will reflect on what the noble Lord said. If there are points that I can share with him, I will certainly write to him in due course.

As I set out, the Government’s family reunion policy is designed to welcome the immediate family members of those recognised as needing protection in the United Kingdom. We also provide protection to the most vulnerable people in areas and regions of conflict and instability. That global humanitarian need will continue to grow: the UNHCR has assessed that, by the end of June this year, more than 122 million people around the world had been forced from their homes, with 37 million of them now refugees.

This Government have a generous UK resettlement offer, which is an integral part of our challenge in addressing the needs of vulnerable refugees. The UK will continue to provide safe and legal routes for tens of thousands of people to start new lives here through the UK resettlement scheme, as well as community sponsorship and mandated resettlement schemes. Take the Afghan citizens resettlement scheme as an example: it has now provided support for more than 28,000 people, including women and children. The Ukraine family resettlement scheme and the Homes for Ukraine scheme have also enabled hundreds of thousands of individuals to seek sanctuary in the United Kingdom.

I thank the noble Baroness, Lady Hamwee, for raising this issue and thank noble Lords for contributing to our thought-provoking discussion today. This will remain an emotive issue—one that it is important to consider and one on which the Government, in particular the Home Office, will reflect in future. I look forward to continuing the debate and listening further when this Bill progresses in this House.

Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024

Lord Hanson of Flint Excerpts

Monday 14th October 2024 Grand Committee

In summary, we welcome the regulations and urge noble Lords to support the Government. These regulations continue the work of the past Conservative Government on stopping illegal channel crossings. These regulations will make the United Kingdom safer and our borders more secure, so I ask only that the Minister answer my questions about their position on the detention of pregnant women and on the principle of second medical opinions. Aside from that, I commend the Government for their efforts.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to my noble friend Lady Lister for bringing this debate before the Committee and for not just her contribution but those of the noble Baroness, Lady Hamwee, the right reverend Prelates the Bishops of Sheffield and Manchester, my noble friend Lord Davies of Brixton, the noble Baronesses, Lady Mobarik and Lady Lawlor, and, on the Front Benches, the noble Lords, Lord German and Lord Sharpe. I will try to refer to the points that they made.

If I may, I shall start with a straightforward statement: there is a similarity with the previous Government’s objectives, but there are very stark differences too. In general terms, this Government, which I am proud to represent, want to secure our borders and provide a new border command to ensure that we deal with the issues of illegal migration, but also to ensure that we fulfil our responsibilities on asylum, speed up asylum claims, take action on criminal gangs and ensure speedy decisions across the board to limit the amount of detention that takes place.

These regulations were initiated by the noble Lord, Lord Sharpe, and his Government when the Home Office was under his jurisdiction. When I assumed this position on 9 July, one of the first requests I had for a meeting was from my noble friend Lady Lister. I met her on 22 July—before I had even been sworn in as a Member of this House—to understand her concerns and reflect on them accordingly. She put some very strong points to me then and was not sufficiently reassured not to call for this debate, but I will repeat to the Committee what I said so that it is aware of the direction of travel in the broad context of the Government’s overall position on migration issues.

Noble Lords have mentioned a number of points, which I will try to cover in turn. First, on the review, I have indicated to my noble friend that, along with my colleague Dame Angela Eagle, the Minister for Migration, I will look at the issues at Brook House, the principles of detention and the issues of second opinion, retraumatising behaviour and managed migration, which the noble Lord, Lord German, mentioned. The logical place to start is, therefore, the review.

When we met on 22 July, one of the points I made to my noble friend Lady Lister was the simple fact that I, along with my honourable friend Dame Angela Eagle, had inherited the immigration guidance regulations, which had been tabled and were coming into effect. I had discussions with officials about the impact of those regulations and whether, given the representations made by my noble friend Lady Lister in the first week of July, we could reflect on those changes—our first week of ownership of the responsibilities of the Home Office. I was clear, as I hope I fed back honestly and openly to my noble friend, that we wished to maintain the regulations in place as the guidance had been issued, but that I would commit to a review of the regulations and the wider policy of detention at an appropriate time to examine the concerns which were put to me at that private meeting and had been the subject of correspondence with others outside the House.

So, what does the review mean? We have agreed to undertake a review of the adults at risk policy. It is currently ongoing and we are looking to complete the policy review by spring 2025. The scope of the review includes not just the Detention Centre Rules generally but rules 34 and 35, which have recently been expanded to include the SI laid in April 2024, following the concerns raised by my noble friend Lady Lister. I and my colleague in the House of Commons are taking a thorough approach to ensure that the review looks at improving the effectiveness of the regulations and safeguards and includes a period of engagement—I know that my noble friend is very keen on this, and I share her wish—to get the views of external stakeholders, including NGOs, on how the regulations are operating currently and what changes, if any—I say “if any” to keep the review open—should be made following its completion. I hope that reassures my noble friend and others who raised the circumstances of the review. We will look at those issues in detail and come to some conclusions, based on an assessment by Ministers and officials and taking into account the views of NGOs, on how this will work in future.

I am conscious that a number of noble Lords today have perceived the amendments to the statutory guidance as weakening the protections. To be clear, we are committed to safeguarding vulnerable people in detention and the existing safeguarding mechanisms continue to operate, including a dedicated team that is constantly reviewing how those rules operate in practice.

That leads me to the question of the Brook House inquiry because, again, that indicated—this was a reflection by the authors of that inquiry—how the rules were operating in certain establishments. I hope we can reassure the House that, as Ministers, we continue to reflect on the recommendations of that inquiry. That was mentioned by the right reverend Prelate the Bishop of Sheffield, the noble Baroness, Lady Hamwee, my noble friend Lord Davies of Brixton and by the noble Lord, Lord German, from the Liberal Democrat Front Bench. I want to assure colleagues that the amendments made to the adults at risk policy through this SI are separate from that ongoing wholesale review of the policy, and that the recommendations will be considered as part of the general review that I will be undertaking.

I say to the right reverend Prelate the Bishop of Manchester that I cannot envisage any circumstances in which Ministers in this Home Office will be painting over murals undertaken by children in detention centres as a whole, and I hope that gives him some reassurance. In fact, I believe that even the Minister who ordered the painting over those murals is now somewhat backtracking on his ability to remove a mural from a wall. But perhaps he can answer for himself in due course on that issue.

The question of a second opinion was raised by a number of noble Lords. I agree that seeking a second opinion could lead to delays in detention decision-making, and that could have an impact on the length of time a detention occurs. However, I think that I have made it very clear, as have officials, that casework guidance is clear that the second-opinion process does not constitute a pause in the consideration of a case more generally, and we wish to seek to limit the amount of detention that an individual undertakes. I also understand—this point was raised by a number of colleagues—that there is the potential for retraumatisation of individuals because of that long period. But, again, I want to put vulnerable people at the heart of any policy and any review, and to look at how we can manage that system downstream in due course.

On the adults at risk policy itself, the amendments made to the statutory guidance did not change the requirements placed on the Home Office to identify potentially vulnerable people or indeed to assess the appropriateness of detention. Again, to reach out to the noble Lord, Lord Sharpe, I think there was an intention on the part of the previous Government to limit the amount of detention that was in place, but this House has to accept that, in some cases, detention will be a necessity. We have to try to ensure that, when that detention occurs, there is open, transparent and clear guidance for members of staff, constant medical monitoring of individuals who are potentially vulnerable, and that we ensure that that detention is done for a purpose. In addition, allied to the other points I have mentioned to my noble friend Lady Lister, we must look at how we can speed up the asylum claim issue to ensure that we reach conclusions speedily, fairly and openly. It is in nobody’s interests to have the long levels of backlog or indeed, therefore, the long levels of detention for some individuals because of an assessment process on the grounds of asylum claims.

We want to—and certainly have to—expand the detention estate to bolster our capacity to ensure that we have swift, firm and fair returns. However, we also need to do that in a way where we understand that we will never be at the point of detaining no vulnerable people, and we must be mindful that all those subject to immigration control who are liable to removal could indeed become vulnerable once in detention.

I am acutely conscious that the regime that we have, based on the legislation and the SI before this Committee today that was tabled by the noble Lord, Lord Sharpe, previously, needs to be reviewed. That review will take place, it will be part of the wider review of the policy as a whole and I will report back to this Committee and face scrutiny, as ever, by the terrier—as I think the noble Baroness, Lady Hamwee, called my noble friend Lady Lister. Having been a terrier on occasion myself, I know that terriers are a good thing to chew Ministers’ legs and keep them focused on issues. From my experience both as opposition spokesman, as I have been, and as Minister, as I have been before this post, I know that terriers are a useful asset to parliamentary democracy. I hope that I can also reassure my noble friend Lady Lister that we are examining these issues in what I hope will be a productive way.

The wholesale review of this policy is under way, with a view to reforming it. Officials have been advised to progress this work at pace, given the paramount importance of this safeguard. Indeed, we now have officials monitoring the performance of the existing regulation to ensure that we feed into that review in a proper and effective way.

The issue that was raised about pregnant women remains the same under the latest regulations—unchanged—and we will not get a second opinion either, ensuring that they are excluded from this process; I hope that that reassures the noble Lord, Lord Sharpe.

Illegal Migrants

Lord Hanson of Flint Excerpts

Wednesday 9th October 2024 Lords Chamber

[Baroness McIntosh of Pickering]

To ask His Majesty’s Government what assessment they have made of the numbers of illegal migrants entering Britain since early July, and what steps they are taking to end the illegal movement of migrants across the Channel.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

Small boat arrivals since 5 July are currently 6% below what they were this time last year, and are the lowest for this period since 2021. We are determined to end the dangerous and unnecessary crossings by smashing criminal gangs that profit from them. We have launched the border security command with up to £75 million in new investment to build capability, taking that fight to criminals in Europe and beyond.

[Baroness McIntosh of Pickering (Con)]

I welcome the noble Lord to his position. On one day this week more than 970 migrants crossed the channel. Up to 745,000 illegal migrants are currently in the UK. One in 100 of the population—more than in any other European country—is a migrant in this country. Against that background, and with an alleged £6 billion overspend on asylum seekers, is it the Government’s policy to continue to house migrants in hotels for another three years?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness for her welcome. She will know that it is in everybody’s interests to ensure both that we reduce crossings, which is why we have the border command in place, and that if people are here illegally and are caught they face the consequences; that is a prime government responsibility. As for asylum support, hotel accommodation is down 14% over this year. One of this Government’s objectives is to ensure that we reduce hotel accommodation, because it is an expensive way of housing people and a difficult way of tackling this problem. Maybe the noble Baroness would like to ask some former Ministers from her party why the figure went up in the first place to that level of asylum accommodation.

[Lord Alton of Liverpool (CB)]

Has the Minister seen the 12th increase in consecutive years to a staggering 120 million people displaced worldwide? In Sudan alone, since the start of the war in 2023, another 7.5 million people, now 10 million, have become displaced. Does he not agree that if we are ever going to tackle this problem seriously, we have to get to the root causes? Can we in the United Kingdom use our convening power to bring together the great nations to find solutions to this terrible tragedy?

[Lord Hanson of Flint (Lab)]

The noble Lord hits a very strong button on that issue. He will know, I hope, that my right honourable friend the Home Secretary visited Italy only this week—or maybe at the end of last week—for a meeting of the G7 that looked at the whole issue of tackling criminal gangs, but also at some of the long-term underlying causes and why those movements are taking place. It is in all our interests to ensure that we tackle that, and stop the flow that then falls prey to those criminal gangs that exploit very vulnerable people from countries such as the one he mentioned. Those gangs take money from them for a visit that is futile because, if they are in this country illegally and do not have asylum claims, they will be returned to their home nation.

[Lord Dubs (Lab)]

My Lords, I welcome the thrust of what my noble friend said, but I ask him to confirm that we must be careful about the use of “illegal” as applied to people who have crossed the channel. The traffickers are reprehensible people, but that does not mean that anybody who comes across the channel is an illegal person. They are still entitled to claim asylum.

[Lord Hanson of Flint (Lab)]

Absolutely—my noble friend makes a valid point. My concern is that criminal gangs exploit people who either wish to come here illegally or are being duped when they potentially have legal asylum routes. We need to tackle those gangs at source, which is why we have put £75 million into border control, why we are working with international partners to deal with those issues, and why, slow though progress is initially, we will make an indent in that criminal gang activity.

[Lord German (LD)]

My Lords, the Minister referred to people who are duped and who are entitled to come to this country if they are fleeing for their lives. Although it is absolutely right that the Government should smash the gangs and reduce their opportunities, surely if we offer people a safe route to this country—when they are entitled because they are fleeing for their lives —that would reduce the demand that is met by these criminal gangs. Therefore, what consideration have the Government given to developing a pilot for a capped refugee travel permit for high grant-rate countries? I draw attention to my interests in the register: I am supported by the RAMP Project.

[Lord Hanson of Flint (Lab)]

The noble Lord will know that there are a range of legal migration routes into this country and a range of ways in which individuals can claim asylum in this country. We have a number of schemes to bring to this country people who face terror at home; I note the Ukraine scheme. However, he needs to know that it is the absolute priority of the Government to ensure that we have managed and controlled migration. That involves tackling criminal gangs that exploit vulnerable people who potentially have legal routes and, in some cases, those who do not. We need to look at this in the round with our international partners, and that is what this Government will do.

[Lord Sharpe of Epsom (Con)]

My Lords, the newly appointed head of border command, Martin Hewitt—we wish him well—said that deterrence is

“always going to be part of the … picture”.

The Irish Government said that the previous Government’s Rwanda plan was an effective deterrent, which, of course, was an aim stated in the Bill. Given this summer’s ongoing arrivals, the apparent lack of any returns or new agreements, the frequent tragic events in the channel, and the obvious lack of any deterrence at all, will the Minister agree that ripping up the Rwanda Act and the treaty was perhaps a tad rash?

[Lord Hanson of Flint (Lab)]

I hate to disappoint the noble Lord, but no, I do not think it was a tad rash. The Rwanda scheme cost £700 million, four people went to Rwanda as a result of it—voluntarily—and boat arrivals increased in the period between January and July this year, when the Rwanda scheme was operating. The noble Lord is wrong. It is smoke and mirrors to think that Rwanda was helpful to this situation: it was not. In his job in the Home Office, he should have secured action on criminal gangs, but his Government failed to do so.

[Lord Green of Deddington (CB)]

My Lords, will the Minister confirm that the amount of legal net migration is 10 or more times that of illegal migration? When will the present Government take action to deal with the legacy of the previous Government?

[Lord Hanson of Flint (Lab)]

As my noble friend Lady Smith of Malvern said, legal migration is people who come to university, who come to create jobs and who bring skills to this country. We need that managed migration, and to ensure that illegal migration is cracked down on. That is the objective of the Government: to ensure that we have a sensible net migration target that we can control, at the same time as making sure that illegal migration and the criminal gangs that exploit people are tackled. This will be a difficult process—nobody said it is easy—but border control and border command have focused us on doing that. We will take action to ensure that we use migration for the benefit of the UK economy.

[Baroness Lister of Burtersett (Lab)]

Further to what my noble friend Lord Dubs said, can my noble friend the Minister confirm that asylum seekers are not illegal migrants and that the adjective “irregular” better recognises the humanity of migrants than “illegal” does?

[Lord Hanson of Flint (Lab)]

I say again to my noble friend that the Government accept that we have an international obligation to continue to examine and approve legitimate asylum claims. It is a core part of this Government’s task to make sure that we do that, but in a much quicker, more efficient and more productive way than the previous Government did over the last 14 years. We have had backlogs of asylum claims that my right honourable friend the Home Secretary has now pledged to tackle. At the same time, yes, there will be people who wish to enter the United Kingdom illegally, and that is not acceptable. There are legal routes for migration and asylum that should be encouraged and adopted. Proper decisions should be taken. I cannot stand by and allow criminal gangs to exploit vulnerable people and to bring them across the channel. That is why we have established border command and will continue to focus on that as a matter of priority.

--- Later in debate ---

[Baroness Hoey (Non-Afl)]

I thank the noble Lord. I ask the Minister, in all seriousness, whether anybody in the Government has talked to the French authorities about the conditions that many of those migrants are living in just across the sea. Anyone in this House would realise that, if they are living in those kinds of conditions and they know what is going to happen in terms of their living conditions if they manage to get to the United Kingdom, that is a huge pull factor. Surely the French Government have to take into consideration the human rights of those migrants, as we do in this country.

[Lord Hanson of Flint (Lab)]

I first visited camps in Calais when I was shadow Immigration Minister in November 2014. The route then was via lorries and Eurostar trains, rather than small boats. The conditions were terrible then and they are terrible now. We need discussions with our colleagues in France. There is no current bilateral agreement with France on this issue following the decisions of Brexit, but we are engaged. The noble Baroness will know that my right honourable friend the Prime Minister has met the French authorities, as my right honourable friend the Home Secretary has the G7 nations. We are pledged to work to end this crisis, and we will.