Earl of Erroll debates involving the Home Office during the 2019 Parliament

Carriers’ Liability (Amendment) Regulations 2023

Earl of Erroll Excerpts
Monday 13th March 2023

(1 year ago)

Lords Chamber
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The noble Baroness, Lady Ludford, read out the comments and the questions from the Road Haulage Association. I think they are fair questions, to which the association needs a fair answer. She went on to explain that the only defence in our courts as far as she understands it—and I understand it—is that of duress. I thought she rightly questioned whether road haulage providers should be able to demonstrate that they have adequate policies and adequate support for the drivers to make sure that they can indeed carry out the checks they are being required to do. The only analogy I was thinking of while the noble Baroness was speaking was of health and safety matters, which I occasionally deal with in magistrates’ courts. There is a reasonableness test about what company directors are required to do to ensure the safety of their employees. I think it is something worth exploring, and I look forward to the Minister’s answer.
Earl of Erroll Portrait The Earl of Erroll (CB)
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My Lords, would it be all right for me to say a few words because the last point on duress interests me? I happened to catch a bit of a programme the other night on the Border Force. They had found some people in the back of a curtain-sided lorry. What is interesting is how they got in there. You would not have been able to detect that if the driver or no one else had been present when they got in. They had very cunningly cut the wire. Once they were in, they put it back together again. It was undetectable. I would have thought it would have been very reasonable for the driver to say that he had absolutely no idea that they were in there. In fact, the Border Force said the same to him and that they were not going to go after him as the people were very cunning.

This is the trouble. There will be certain types of lorry where it will be virtually impossible for the driver to detect that people have got in. I do not think that you should have a single defence, virtually an absolute defence. Life is complicated. You have got to be able to have a reasonable excuse.

Lord Murray of Blidworth Portrait The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)
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My Lords, I thank all noble Lords who have spoken in this short debate and acknowledge the particular concerns of the noble Lord, Lord Berkeley. The measures in these two instruments form part of the Government’s overall efforts to crack down on illegal migration. I look forward in time to debating the latest part of the work, the new Illegal Migration Bill, which noble Lords have referred to and which, of course, is presently being debated in the other place.

The regulations that are the basis of today’s discussions reform the clandestine entrant civil penalties scheme, which has existed since 1999 under the previous Labour Administration. The scheme has not been reformed, as the noble Lord, Lord Ponsonby, rightly observed, and the maximum penalty levels have not changed, in over 20 years. The scheme is designed to complement law enforcement activity against criminals. It does this through tackling negligence by people who are not criminals but whose carelessness none the less means that they are responsible for a clandestine entrant gaining access to a vehicle.

Illegal migration is facilitated by serious organised criminals exploiting people and profiting from human misery. A significant number of people who arrive in the UK by tourist and freight transport routes through concealment in vehicles have had their entry illegally facilitated by organised criminal gangs. This method of entry continues and endangers the lives of those involved. In many cases, this is a result of criminal gangs and opportunistic migrants taking advantage of unsecured, or poorly secured, vehicles to smuggle people into the UK clandestinely. To respond to the point that the noble Lord, Lord Berkeley, raised, “clandestine” and other terms are defined in statute in Sections 31A and 32 of the Immigration and Asylum Act 1999. To answer the noble Lord’s second question: yes, this applies to those travelling from the Republic of Ireland.

I agree with the noble Baroness, Lady Ludford, that we need to stop the dangerous crossings. That is the purpose of the proposed legislation. Sadly, safe and legal routes themselves are no answer as a deterrent. The Government were concerned that the existing clandestine entrant civil penalty scheme was not having the required effect. The data showed that drivers and other responsible persons frequently neglected to take the steps required to secure vehicles and that clandestine entrants continued to use these routes to come to the UK. Action was needed to remedy this.

These measures will disrupt the attempts by organised criminal gangs and opportunistic clandestine migrants to take advantage of unsecured or poorly secured vehicles to enter the United Kingdom illegally. Instead, this may prompt potential clandestine migrants to claim asylum in a safe country and to get quicker access to any help and support that they may require.

On the point raised by the noble Baroness, Lady Ludford, we continue to have productive dialogue with the Road Haulage Association, and I can confirm that our officials are speaking at one of its conferences on 22 March.

We have made it clear that, where checks cannot be carried out, they do not have to be carried out. The checklist that we have created covers all eventualities; some of them will not be relevant in particular circumstances.

As the noble Earl rightly observed, duress remains a statutory defence. That was reflected in the original scheme in 1999. We will consider whether drivers and companies carried out adequate checks as part of mitigation, which could see the level of fine reduced. This would cover the circumstances such as those described by the noble Earl.

I am of course grateful for the support of the noble Lord, Lord Ponsonby, for these regulations. It is for the reasons that I have already described that the United Kingdom operates a scheme to tackle illegal migration. The scheme means that, when clandestine entrants are found in a vehicle, a penalty can be imposed on any responsible person connected to the vehicle in question. In response to the point raised by the noble Lord, Lord Berkeley: yes, these measures match the risk and demand.

The reforms set out in the regulations are born out of the Government’s concern that the scheme is not having enough of an effect. I say that because, during the financial year 2020-21, there were 3,145 incidents where clandestine entrants were detected concealed in vehicles, despite the Covid-19 pandemic causing a lower volume of traffic. This rose to 3,838 incidents during the financial year 2021-22.

Drivers are not taking all the steps required to secure vehicles, and clandestine entrants are continuing to use these routes to enter the UK. It is for this reason that the Government committed to reviewing and overhauling the scheme as part of their New Plan for Immigration. A public consultation on that plan was held from 24 March to 6 May 2021. The Government, as noble Lords will recall, then introduced changes to the scheme through primary legislation in the Nationality and Borders Act 2022. The changes in that primary legislation narrowed the statutory defences available to those who had carried a clandestine entrant. In Committee on that Bill, those measures were the subject of an amendment proposed by the noble Baroness, Lady Hamwee, who is not in her place today. That matter was canvassed during the passage of the Bill.

The 2022 Act introduced a new civil penalty for failing adequately to secure a goods vehicle, regardless of whether a clandestine entrant has been found. The final changes brought into effect by these regulations were made following a further public consultation held between 18 July and 12 September 2022. The Government carefully considered representations made by respondents about the possible impact of our proposed reforms, including on trade, supply routes and recruitment. The Government are committed to working with individuals and companies to support growth while delivering a strong and effective border. In short, we think it is appropriate to increase the maximum penalty levels for the existing offence of carrying clandestine entrants, as they have not changed, as the noble Lord, Lord Ponsonby, rightly observed, since 2002. It is also appropriate to set meaningful levels of penalty for the new offence of failing to secure a goods vehicle, to incentivise compliance with our security standards.

Both reforms have been designed with a view to cracking down on repeated instances of negligence, as opposed to unfairly penalising those who have striven to comply with the regulations. For this reason, the reformed scheme has introduced a strikes system for both offences, geared at targeting repeat offenders, with the highest penalty levels being applied only in cases where repeated instances of negligence are evident. Where a person or company is being fined, we have set out in a new statutory code of practice the mitigating circumstances in which they could be eligible for a reduction in the level of their penalty.

The maximum penalty for an individual responsible person for a first incident of carrying a clandestine entrant will be £6,000 per clandestine entrant. This rises to a maximum of £10,000 for a second and any subsequent incidents in the past five years. The maximum penalties in aggregate will be £12,000 and £20,000 for each offence respectively. The maximum penalty for an individual responsible person for a first incident of failing to adequately secure a goods vehicle will be £1,500. This will rise to a maximum of £3,000 for a second incident in the past five years, and to a maximum of £6,000 for a third and any subsequent incidents in the past five years. The maximum penalties in aggregate will be £3,000, £6,000 and £12,000.

A responsible person being fined for carrying a clandestine entrant could be eligible for a reduction of 50% in the level of their penalty if they have complied with the security regulations. A further reduction of 50% could be applied if they are a member of the civil penalty accreditation scheme. In respect of failing adequately to secure a goods vehicle, a responsible person who is not the driver and who was not present during the journey of the vehicle or the detached trailer to the UK could be eligible for a 50% reduction in their penalty if they acted to ensure compliance with the security regulations. I hope these measures go some way to assuage the concerns that the noble Lord, Lord Berkeley, elucidated. A further reduction of 50% could be applied if the responsible person is a member of the civil penalty accreditation scheme.

For both offences, individuals and companies will be able to apply for means testing to be applied when their level of penalty is being determined. The Secretary of State will be able to take into account those and any other factors they think appropriate in finalising the level of penalty to be levied. Indeed, they will retain a discretion not to impose a penalty at all in appropriate cases. The Government want people and companies to avoid being fined, and they can do so by complying with the security standards. We have set these in the new statutory regulations presently before the House. We have promoted adherence to the standards through further engagement with drivers and industry. This includes relaunching the civil penalty accreditation scheme I just mentioned, through which members are eligible for a potential 50% reduction in any fine.

The Government believe that this package of measures strikes the right balance between recognising the impact of penalties on individuals, companies and industry and incentivising compliance with our security standards and protecting border security. We are focused on delivering a fair and effective immigration system and, as I have said, these measures will allow us to strike the right balance in pursuit of that aim. With all that, I ask the noble Lord to withdraw his Motion.

HM Passport Office: Backlogs

Earl of Erroll Excerpts
Thursday 12th May 2022

(1 year, 10 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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HMPO’s staffing numbers have increased by 500 since last April, and it is in the process of recruiting a further 700 people. In total, as of 1 April this year, there were more than 4,000 staff in passport production roles.

Earl of Erroll Portrait The Earl of Erroll (CB)
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First, I am reassured. The reason I knew it was six months—I will point out another wrinkle in this—is that I was going abroad in March, so I anticipated this issue and sent my application off early. It was very efficient and I got my passport back really quite quickly. The only problem was that the courier kept trying to deliver it to the wrong address because of the postcode—but do not worry about that. There was no way of putting in an extra message for the delivery driver saying, “Please go to the gate at something or other”—because I live in the countryside. Anyway, leaving that aside, the process was very efficient.

But there is another wrinkle. Normally, when you renew early in the UK—I realise that this particularly concerns us Scots, who worry about money—that extra period is put on to your passport. The expiry date is taken from when the current passport expires. The EU counts it from when it arrives—that is, the renewal date—so be careful, because you lose that bit that you used to get credited with on your passport under the old British system. Personally, I think that it is unfair. I am delighted that the passport can just put it on, but you do need to warn travellers that they might need to add a bit more on.

The thing I really want to ask, though, is this: what plans are there to deal with the extra 1,200 staff who have been specially recruited to deal with the problem? That is quite a swelling of the Civil Service at a time when I thought we were trying to economise and cut back. Are these people full-time staff that the Civil Service will have to retain for ever and somehow find other employment for—or what plans have we for downsizing again when the crisis is over?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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Again, the noble Lord makes a good point. I will inquire as to whether we have recruited permanent staff or agency staff. If they are permanent full-time staff, they can of course be flexible to meet the needs of other parts of the Civil Service.

Daniel Morgan Independent Panel Report

Earl of Erroll Excerpts
Thursday 24th March 2022

(2 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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On the back of all the discussions we have been having today, it is written in statute that within 56 days the Mayor of London and the Commissioner of the Metropolitan Police will have to respond with an action plan to deal with all the issues we have talked about today. There will be an expectation that the recommendations be carried out within 12 months. In fact, the Home Secretary has made it clear that such is the seriousness of this that she hopes that some of that action plan will be taken forward within the 56 days.

Earl of Erroll Portrait The Earl of Erroll (CB)
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My Lords, I will say a couple of things as a techie. First, RFID chips do not transmit on to any remote system—they work only in proximity, so they are checked only when you go through something. Therefore, you cannot track people through an RFID chip on a card. It is simply presented to a device, so you cannot track people around the place. It sounds like a great idea but it does not totally work; you would need to track people’s mobile phones, for example.

The next problem is the DBS check, which tells you only if someone has not been caught yet; it does not tell you what they are up to now. Another problem is the definition of a criminal offence. Not having a television licence gives you a criminal record, as does fishing without a licence. A lot of things give you a criminal record which really should not be there, so it is a tricky having a blanket thing saying that if people fail a DBS check, they should not be there. We should probably look at that system and have two different categories: one for the serious things where you really need to worry about whether you employ people, and another for the things which, to be honest, are trivial—they are almost statutory offences but yet they are still criminal offences. There should be a review of that.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I take the points the noble Earl makes about the various technological solutions. Of course, we will consider any recommendations made by the Angiolini inquiry in this space. I would also say to the noble Earl that police vetting is a lot more thorough than DBS checks. However, there is definitely more to come on this, and I look forward to some of these things being addressed both in the short term and within the next year.

European Arrest Warrant, Europol and Eurojust

Earl of Erroll Excerpts
Monday 2nd March 2020

(4 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Lord asks a question which I do not think I can answer in terms of the level, but I can get back to him. I would be making it up if I were to give an answer.

Earl of Erroll Portrait The Earl of Erroll (CB)
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My Lords, one of the problems of the European arrest warrant was that, if there was a crime in the country that was trying to extradite but not in the country that the person was being demanded from, we used to have difficulty. I seem to remember there being an issue over xenophobia in one of the European countries and there was also a problem with plane spotters who took photographs of airplanes. Presumably, these issues will disappear under the new negotiations.