Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Earl of Sandwich Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

Can the Minister tell us whether, since the initial round of training, which she was once responsible for, there has been any further training for immigration staff on the handling of LGBT issues? Will the training be repeated and updated to deal with the numbers of people who may be making asylum appeals on the grounds that they come from countries such as Poland and Bulgaria, where the treatment of LGBT people daily becomes worse, and in some cases murderous?

[The Earl of Sandwich (CB) [V]]

My Lords, here we are again. I recall many occasions like this in the past, and I see some familiar faces. This is my first intervention on this Bill, and in view of what has already been said, I will be very brief.

As we have heard, these amendments contain the accumulated wisdom of several legal experts and several trusted organisations over many years. Put simply, not only is it wrong and inhumane under our normal rules and customs to lock up detained people for long periods, we do not have to do it, except in very few cases. The right reverend Prelate made it clear that people must not be locked up indefinitely. Look at the consequences: the noble Baronesses, Lady Hamwee and Lady Lister, mentioned cases of self-harm, trauma and suicide.

No one should be redetained. Removals are necessary—they have to be done—but they must be arranged more efficiently so that the relevant documents are in place. If they cannot be so arranged, and removal is not imminent, there must be an automatic bail hearing with judicial oversight.

This generous amendment, which has been carefully crafted, provides six months’ grace for the Government and will save them a lot of money. I know immigration is causing a lot of problems, but surely the Home Office should finally accept this amendment now or before we have a vote on Report, which otherwise seems inevitable.

[Lord Hylton (CB) [V]]

My Lords, I apologise for not taking part in this Bill until now—perhaps a relief to your Lordships. However, I would like to emphasise that the hybrid proceeding is no way to conduct the Committee stage of a Bill with so many implications. I asked the usual channels to look seriously at what the noble Lord, Lord Cormack, said last Monday on returning to more normal procedures.

I support Amendment 39 and the others in this group. In connection with bail, is there now a backlog in applications for bail from immigration detainees? If so, what are the Government doing to ensure that such applications are promptly heard?

These amendments point to a much wider need to reduce the use of immigration detention, which is expensive and harms the mental health of detainees, sometimes leading to suicide. I understand that the UK is the only European state to allow detention for an unlimited period. Even in the case of foreigners convicted and jailed, with a recommendation for deportation, better co-ordination between the Ministry of Justice and the Home Office should ensure that deportation takes place immediately on release from prison. I hope to have a positive reply on this point to a Question for Written Answer recently tabled.

In conclusion, I note that the June report from the National Audit Office stated that total voluntary and forced returns to other countries had fallen dramatically since 2015. This is perhaps understandable, given coronavirus and a lack of flights. The report also spotted regional variations in enforcement. Much intelligence is still not being assessed or used. I trust, therefore, that enforcement will soon improve and that official statements will avoid terms that increase fears and xenophobia, such as the labelling of all unofficial landings or arrivals as “illegal”. I trust that progress will be made on all angles of this group before Report.

Criminal Finances Bill

Earl of Sandwich Excerpts

3rd reading (Hansard): House of Lords & Report stage (Hansard): House of Lords
Tuesday 25th April 2017 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, I was not here for Committee and I apologise for rising at this late hour. I thank the Minister for her attendance at our meeting this morning, which was very productive. I admitted then that I had not seen government Amendment 8. Now that I have read it—in fairness to the noble Baroness, Lady Stern, I know that people have said that it is very welcome—it is actually quite disappointing for the aid organisations that have been campaigning. That should be on the record. It is really a restatement of existing government policy, and is not a compromise in that sense. I prefer to support my noble friend and others on Amendment 14 because it is only common sense. If we look back to discussion in Committee, we see that all they are asking is for the Government to complete their own programme of persuading the OTs to adopt public registers. This was a worldwide campaign, which we admire the Government for leading. It is now intended to include the overseas territories, although I fully recognise that there has been a slow take-up and that Orders in Council may be required.

I have worked with Christian Aid and many other organisations, as has the noble Lord, Lord Judd, which support the proposed new clause in Amendment 14. They are, to my mind rightly, concerned that the need for transparency should apply to overseas territories and developing countries just as much as to us. I hope the Minister now recognises that and will see her way to further compromise in future. The aid agencies feel strongly about this—after all, they are thinking of the majority of people living in those countries, not those sitting on the money.

Finally, I quote one informed reaction from Christian Aid to the new amendment. It states:

“The Exchanges of Notes signed between the UK Government and Overseas Territories in April 2016 on sharing beneficial ownership information already provide for a joint review of the operation of the arrangements six months after their coming into force, and thereafter on an annual basis. The report envisaged by amendment 8 is therefore already committed to. All this amendment does is put an existing commitment into law”.


The amendment does not mention transparency; nor does it mention developing countries. I therefore see no reason why we cannot support Amendment 14 and Amendment 8.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I have added my name to Amendment 24, which is about the UK register of overseas property. Before I speak to it, as the noble Baroness was kind enough to refer to my remarks in Committee about drifting away to murkier regimes, I took it from the way that she quoted it that she did not approve of that. I was relieved that my noble friend Lord Blencathra quoted it with approval, which shows that you cannot please all the people all the time. However, I do not want my noble friend, or indeed the noble Baroness or the House, to think that that remark was made in isolation.

I said that the status quo was unsustainable and that at least three issues should be tackled as part of the new regime: first, there should be a register; secondly, our law enforcement agencies should have full-hearted access to it in a way that is prompt, helpful and consistent with a working relationship; and, thirdly, the Government should be satisfied with the probity and effectiveness of the register regime in the overseas territories and Crown dependencies. It seems to me that government Amendment 8 meets those tests, which is why I support it. Rather than talking about drifting away to murkier regimes, I should be saying that we must not let the best become the enemy of the good.

With that, I turn to Amendment 24. It is important not to see the issues raised by my noble friend Lord Faulks as a problem for only central London and the inner suburbs. There is a knock-on effect from what is going on in central London with continuing overseas investment in London properties. That makes the urgency to which my noble friend referred a moment ago all the more pressing. First, there is a ripple effect on properties in the south-east of the United Kingdom: as the settled population sell their properties closer to the middle of London, they have further money to buy properties elsewhere in the region. A very interesting article in the Financial Times on Monday 3 April pointed out that house prices have increased by 102% since 2002, compared to a 38% increase in earnings; that Londoners now need to pay 12.9 times their earnings, up from 6.9 times in 2002, to buy a London house; and that if you wish to buy a house in Kensington and Chelsea, the heartland of the area that my noble friend has in his gunsights, you now need 31 times the median salary to afford it. There is a real sense that we need to get a grip and some clarity on what is going on.

There is a second impact because, as London has become more expensive, foreign investors have begun to look at other cities. The Times of Friday 7 April pointed out that Number One Cambridge Street in Manchester, a development of 282 flats over 29 storeys, has investment purchasers from Azerbaijan, China, Japan and Zimbabwe—18 nationalities. Only two of the 282 flats are owned by Britons. The developer wrote:

“The generously proportioned apartments … appeal to owner-occupiers, investors and renters. In other words, the scheme is appealing several sectors of the market, including those looking to make the step towards getting on to the housing ladder and more established owner-occupiers”.


I must say that I think first-time buyers in Manchester might wonder whether 99.2% overseas investors and 0.8% local ownership is a fair reflection. Here I offer my noble friend Lady Stern some comfort: one investor based in the British Virgin Islands has purchased 125 flats. A company called OFY paid £25.7 million for those properties.

Although the amendment is no silver bullet, it sets out an important direction of travel, which is why I support it.

Misuse of Drugs Act 1971 (Amendment) Order 2017

Earl of Sandwich Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I am supportive of the order before us this afternoon. I will not be attempting to pronounce any of the names in it. I have carefully read the order and the Explanatory Memorandum and am content to agree it. The Explanatory Memorandum is very helpful, particularly section 7, which sets out the policy background.

It is worth noting that the drugs are being permanently listed as controlled substances in each of the classifications today—namely, class A, class B and class C—on the advice of the independent experts who make up the Advisory Council on the Misuse of Drugs. This is being done following a review they carried out, and they are the experts in these matters. It is also worth noting—again, this is in section 7—that in each of these classifications these drugs have led to the loss of life. I suspect that those affected are more likely to be younger people, and of course that is devastating for their families. Losing anyone at any age is terrible, but in circumstances where that could have been avoided it is all the more heartbreaking.

In conclusion, I am content to approve the order and, with the other measures that are in force with the police, the NHS and the community drug projects, I hope that it will go some way towards ensuring that the people responsible for bringing these substances on to the street are caught and punished, and that their operations are shut down. Then the people taking these substances can get the help they need to get off them and deal with the problems they have in their lives. I am very happy to support the order.

[The Earl of Sandwich (CB)]

My Lords, I have to declare an interest in that my son suffered from benzodiazepines for several years and has only recently, mercifully, recovered from them. Therefore, I have been very well aware of this word.

I am delighted to hear the Minister say that the department is much more aware of the harmful effects of these legally prescribed drugs. However, is she also aware that a proposal has been put forward to the department on providing the minimum help of a helpline for people who are afflicted? This has been put on the table and, if she is not aware of it, she might be able to write to me about it.

[Baroness Williams of Trafford]

I am most grateful to the noble Earl and the noble Lord for their very constructive comments, and I am very glad to hear that the noble Earl’s son is now in recovery. On his point about a helpline, a number of tools are certainly available to people through websites. I am trying to think of the name of the website—

EU Action Plan Against Migrant Smuggling (EUC Report)

Earl of Sandwich Excerpts

Wednesday 15th June 2016 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the scope of these two reports extends almost beyond our imagination, over new horizons. As we approach the referendum, despairing Eurosceptics are playing on the Napoleonic fears of some of our citizens that we are going to be overrun by migrants and refugees and that, after Brexit, they must presumably rebuild pillboxes and checkpoints along our sea frontier. These absurd fears have not exactly surfaced in this debate, but they are present and are nevertheless real ones that we must address.

I can say from limited experience what while we may as world citizens be facing mass migration, this is not occurring or likely to occur in the United Kingdom, where we receive relatively small numbers, most of whom—as we have heard—are essential to our economy and our welfare. In my lifetime we have dealt with large-scale migration before, starting with the effects of the aftermath of war in Europe, then the migration from Communism, the Vietnamese boat people and, more recently, the vast numbers of migrants, refugees and those displaced in Africa. Let us not forget those who cannot cross frontiers: internally displaced people. There are 40.8 million displaced by conflict worldwide and, on top of that, 19.2 million were displaced by disasters last year alone. These figures come from the May issue of the excellent Forced Migration Review from Oxford.

It is often said in the media that the relief agencies cannot cope; the most recent example is the chaos along the Macedonian border. Of course, to begin with, nobody can cope, because of the unexpectedly large numbers. But host countries have to cope, and the United Nations agencies have been dealing with these emergencies for years. The scene will be messy and inadequate, especially in terms of sanitation but, in the end, the situation will stabilise and people will just about survive, although there are always serious deprivations, inequalities and grave breaches of human rights. A Greek farmer has apparently even fired on the Bangladeshi strawberry pickers whom he had himself recruited. Resettlement is desirable but an option only for the very few.

What is new to us is the surge of numbers across the Aegean and the Mediterranean. The refugees from Syria, we can expect, will be largely cared for in time. Refugees from north Africa have not had such a warm reception, and we are going to see more of them, but economic migrants from Africa pose a different problem. We in Europe will have to expect that, so long as our economies improve or remain stable and while their own countries are in turmoil, people will continue to come in search of freedom and prosperity; it is only natural.

Most of this pressure is hitting the UN agencies head on, especially the UNHCR and WFP. I have had a huge respect for the work of UNHCR ever since I visited refugee camps in various countries in the 1980s on behalf of Christian Aid. The staff are always highly committed, often performing remarkable tasks of improvisation to meet humanitarian need, yet they are always short of funds and never given the necessary resources by UN member Governments.

Appendix 6 of the report on the action plan is a letter from UNHCR to my noble friend Lady Prashar, saying that we need to,

“expand legal avenues for seeking protection”,

and have,

“enhanced resettlement, family reunification … and ‘refugee-friendly’ student and labour migration”,

visa schemes. Safe and legal routes for refugees are fully dealt with on pages 18 to 20 of the report, which, as my noble friend Lady Coussins mentioned, comes out with recommendations on the use of humanitarian visas and on resettlement and relocation schemes for migrants. However, it concludes that the EU is not doing nearly enough.

A lot has of course happened since the report was published in November, notably the Government’s own gateway resettlement scheme, which I am sure the Minister will mention, and the temporary fix of the EU’s exchange deal with Turkey, which I hope he will comment on. Both reports confirm the accepted view that the EU, while it has useful instruments such as Europol and FRONTEX, is not very good at resisting migration or even refugee movements. The muddles at Calais and in the Balkans seem to provide evidence of this. I think that it is because Schengen is failing the European Union and the nation states are, not surprisingly, reasserting themselves. My humble advice to the EU Commission would be to stick close to the United Nations and not create too many new initiatives. The EU also needs to proceed cautiously when it comes to stemming migration in Africa and the Middle East. As a Union, it has no particular mandate except in humanitarian situations, where its excellent agency, ECHO, has been active in many parts of the world.

Last week, we debated similar issues and I mentioned the relatively new Khartoum process by which the EU co-operates with north African countries. Under the Khartoum process, as I am sure the Minister knows, we have decided to get closer to authoritarian regimes such as the ones in Sudan and Egypt, as well as the more unstable ones such as in Libya. The idea is that we will help them to tackle smuggling and improve their policing methods at checkpoints and frontiers. That sounds good on a fine day but, remembering Somalia in particular, one wonders what will actually happen to the money invested and whether the EU can possibly exercise any control in such remote, divided and corrupt parts of the world. The noble Earl, Lord Oxford and Asquith, mentioned that, too.

The report on Operation Sophia provides a sober assessment: as long as there is need for asylum and demand from migrants, smuggling will continue to exist. It says in paragraph 136:

“'The EU needs governments … that it can work with. Therefore, building the resilience of these countries is critical”.

As the noble Lord, Lord Tugendhat, said, that is a very tall order, although an admirable aim. Most of us hold the view that international development has to be the ultimate insurance against conflict and emergency, but we are also aware that the conditions have to be right. For me, that implies good governance and the involvement of civil society throughout any project. We have many examples of eventual success through the EU, even in countries such as Somalia, but root causes are tackled not just by development aid and investment but by a range of policies, including diplomacy, foreign affairs, international trade and security.

Education is one fairly reliable route to good development. To conclude briefly on student visas in relation to migration—it is an old chestnut, I fear—the Minister will know that many of us cannot accept that students should be treated as immigrants. Three years ago, the PM made a reassuring statement to Indian students in Bombay, which was widely reported, yet the successful clampdown on bogus students also hit genuine colleges that had taken on some of those students and should not have been abruptly closed. The number of Asian students here has fallen drastically. Our universities have suffered because parents can no longer afford the high fees, even if they acquire temporary visas. Many students who would and should have come here have gone to alternative universities abroad. I expect and hope that this policy will be debated again and again in this House.

Migration: Middle East and North Africa

Earl of Sandwich Excerpts

Thursday 12th May 2016 Lords Chamber

[Lord Keen of Elie]

There have been indications of improvement in the governance of Libya, but it remains a difficult and problematic area—of that there can be no question. However, this Government are dedicated to addressing these problems at source. That is where the solution will be found.

[The Earl of Sandwich (CB)]

My Lords, the Minister mentioned trafficking in north Africa. Will he update us on the Khartoum process, which was meant to solve some of these problems? Does he think that entry into that process will lead us into collaboration with some authoritarian regimes in north Africa at the expense of asylum seekers?

[Lord Keen of Elie]

We would certainly not want to be drawn into agreement with authoritarian regimes in that part of Africa. However, it is necessary, as I said, to address these problems at source.

Immigration Bill

Earl of Sandwich Excerpts

Monday 21st March 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I rise to support the amendment. I was going to talk about the human rights implications, but given how the time is getting on I shall simply quote from one of the many emails that I am sure we have all received imploring us to support one of these family reunion amendments. This email rather touched me: “I have a very personal reason for my concern in that my family were privileged to foster a 14 year-old boy from Afghanistan for five months. He has now moved to an area of England where there are other people who speak his language, but he became such a special part of our family and we remain in very regular contact with him. His story was truly heart-breaking. His mother had been killed and he had been injured by the Taliban when he was 10 years old, and then in recent months his village in eastern Afghanistan had been targeted by Daesh/Islamic State who were forcing teenage boys to fight for them. His father felt there was no choice but to arrange for him to leave, otherwise he faced almost certain death. We have the utmost admiration for this boy. His courage and determination are just amazing and he is trying so hard to make a new life for himself. We are extremely proud of him and know he will be an amazing asset to this country. His sadness at being parted from his family is beyond comprehension, however, and that is where I would like to appeal to you”. I replied and in the response I received the lady said: “I have never before felt moved to contact anyone in this way, but this subject has affected me hugely”.

I take great heart from the fact that there are members of the public with direct experience and who care so much. I hope that we will do the right thing if it comes to a vote.

[The Earl of Sandwich (CB)]

My Lords, I have one brief question for the Minister, who is going to rehearse the various stages of the resettlement schemes over the past few years going back to before he came to the Front Bench. Is it not the case that the Government dragged their feet rather with the original UNHCR resettlement scheme, which would have been very similar to the scheme before us? Could he not therefore make up the ground, because I think the Government have already made their decision?

[Lord Green of Deddington (CB)]

My Lords, the noble Lord, Lord Hylton, has correctly anticipated the thrust of my response to his amendment. There are of course provisions in the Dublin regulations for uniting refugee families and they are being implemented, albeit very cautiously—I accept that—but this amendment throws caution to the wind.

Subsection (1)(a) of the proposed new clause in Amendment 120 provides for almost any relative of a person settled in Britain to be treated as a refugee and admitted to the UK. All he or she would need to do would be to register as a refugee with the UNHCR, so there would be little of the careful investigation of individual circumstances that applies to those who claim asylum in Britain. We would in effect be outsourcing decisions on refugee status as well as risking the development of very large numbers indeed. The second part of the proposed new clause, subsection (1)(b), is not much better. Almost any relative of someone granted refugee status in Britain would automatically be admitted, irrespective apparently of their particular circumstances.

Let us not forget that, in the past 10 years alone, some 87,000 people have been granted asylum or humanitarian protection in Britain. This amendment would throw open the door to literally hundreds of thousands of people, whether or not they themselves were in danger. Let us not forget either the question of cost, which in this context I will raise. The costs are huge. Those granted refugee status are entitled to full access to the benefits system, to the National Health Service and to social housing, where they tend to get priority because their needs are probably greater than those of many of the indigenous population. I find it surprising, actually, that such a proposal should be made when Europe is almost overwhelmed by enormous numbers of refugees and asylum seekers making their way to this continent.

I think that the amendment should be firmly resisted, but Amendment 122A is a much more realistic proposal. The fact that it uses the word “may” rather than “must” is a help, and it sets a number, which is also a help. We have to recognise that whatever limit is set would come under pressure, but it seems to me a viable start, whereas Amendment 120, in my view, is not.

European Union: Refugees

Earl of Sandwich Excerpts

Tuesday 1st March 2016 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the noble Lord has raised an issue of pressing concern which continues to baffle all of us on both sides of the EU divide. The number of migrants who are up against internal EU barriers is causing distress to all of us: the scenes in the Aegean and on the Greek-Macedonian border being among the most critical. As we speak, some 8,000 are still stuck at Idomeni, where the Greek army and the ICRC are doing their best to cope. No one is in doubt that the rules governing external borders need to change: what escapes us is the question of whether they can change and whether the European Council has the muscle to make any changes at all. Of course, the advocates of Brexit say with some glee that this is the end of Europe as we know it. One newspaper even says the EU itself has only a few days to go. More sensible people are determined that the Commission will be forced to find solutions, although inevitably they will have to be partial and specific to each successive crisis.

Schengen is now at risk. A liberal, humanitarian principle that has enabled millions to travel daily between frontiers has been seriously challenged, and may possibly be ended, by mass migration. Humpty Dumpty has had a great fall and who will put him back together again? The Commission is bending over backwards to control the uncontrollable and its website on Schengen makes painful reading—I shall not repeat it. Eurosceptics should renounce any feelings of schadenfreude because they could never have anticipated a crisis on this scale.

Individual states are, legitimately it seems, making their own national decisions. As my noble friend Lord Hannay said, the Commission has legalised the temporary reintroduction of border controls in seven countries, trying to imply that these are only an interim measure: we hope they will be. This means that member states will gradually fall in line with the UK, which has long decided to opt out. We can imagine that the Minister will have no difficulty with the first part of the question. Dublin is fast becoming a shambles and border security is becoming a national concern. What happens next and how will the EU be able to set up alternatives?

The key problem remains the number of Syrians entering Greece by sea. NATO continues to make a modest contribution—we wish it were more—by deterring and returning migrants, but its fleet needs to be increased significantly if it is to help. The real pressure occurs on the borders of all the Balkan states up to Austria, which has decided to take the law into its own hands. The UK should intervene and set an example by supporting those neighbouring states. We have a good record on enlargement, as has been demonstrated in our own EU Select Committee reports, and we are supporting a number of specific aid programmes, such as EULEX in Kosovo, as well as EU-wide projects such as FRONTEX and Europol, which have a well-developed database.

I know that, as the noble Lord, Lord Smith, has reminded us, we are concerned about our own security, but why can we not take more of an initiative on the security of the EU’s external border? Will the Government co-operate with the EU action plan on migrant smuggling? As an island, the UK is also a European leader on border control. We have experience at many ports of entry by air, sea and road, and the Home Office or DfID could be exporting knowledge by training more police and immigration officers. Systematic checks against databases are difficult given the current scale of migration and they will be impossible in hotspots without the necessary infrastructure. This is much more than can be provided by UNHCR and the other relief agencies which are having to cope nobly with instant emergencies around that region. Are we providing enough—or any—technological back-up for these operations? Can we be associated with the new European border and coastguard agency? Should we not be belatedly signing up to the 2005 Prüm treaty on data sharing? As my noble friend Lord Hannay said, we are, after all, a member state, whether or not we belong to Schengen.

As the noble Baroness, Lady Smith, said, while our media give a powerful picture of impending crisis, we have yet to see examples of the UK carrying out our own neighbourhood policy as we should. Without in any way supporting greater federal union, I am with those who would like to see the UK much more actively joining the EU decision-making process on migration, not only with processing applications but with accepting more refugees, especially unaccompanied minors and other vulnerable people who are already in Europe—not those in Turkey.

Finally, is the Minister concerned that the new identification measures announced on 18 February by Austria and four neighbouring Balkan states could be in breach of international agreements? Restrictions on the right to receive protection, such as sudden border closures and discrimination in immigration controls, and Austria’s imposition of daily quotas are already incompatible with the refugee convention. Receiving refugees is something we are good at, so let us send a message of solidarity to Mrs Merkel and support her in the field and not from the touch line.

Immigration Bill

Earl of Sandwich Excerpts

Tuesday 9th February 2016 Grand Committee

[Lord Roberts of Llandudno (LD)]

It gives me the greatest pleasure to support the amendment in the name of the noble Lord, Lord Dubs. Sometimes a situation will sweep through a country and bring compassion and tears to so many people. This is the case especially after the last weekend, when we saw the continuing destruction of Aleppo, with scores of thousands of people crowding on the border between Syria and Turkey. They will somehow move from there. They will join that trek, like hundreds of thousands before them, to some sort of hope. Many of them will be children.

I know that in Wales we sometimes have very sad cases where a child has been abducted or put in some danger and people say, “We’ve got to do something to save this child”. Whole communities will rally round to save that child, and so we should. Except it is not one child, but scores of thousands of children. But if we will do it for one child, so we should be prepared to embrace the children that are there—we cannot see the one child because of the hordes of other children. It is a matter of individuals, of little toddlers. I have seven grandchildren myself. They are usually fairly well behaved—not always—but you would defend them and speak for them. You would do anything. You would rather be hurt yourself than they be hurt.

We now have a situation with many unaccompanied children. I think of the parable of the good Samaritan. I should not bring my Sunday sermon here, but in that parable we remember that a traveller on the road—I am not preaching—from Jerusalem to Jericho fell among thieves. There he was, left at the side of the road. He had been robbed of everything. Two temple officers came by and said, “We’d better not touch him. We could be contaminated if he is dead”. They kept on talking. I imagine that they would have met in Jericho and one would have turned to the other and said, “You know, it’s a dangerous situation on that road from Jerusalem to Jericho. Let’s set up a committee to safeguard these people who travel along that road”. Now, we want committees; of course we do. What would we do without them? The House of Lords would be abolished tomorrow if we abolished committees. But that person was still at the side of that road until a Samaritan came who cared for him, took him to the inn and made sure that he was on the way to being well again.

We have a tragic situation from Syria to Calais and Dunkirk, but we need people who will not first go to a committee, but say, “Something needs to be done. We have to act now”. I mentioned yesterday in Questions our debt to the thousands of young people in particular who are in the camps and on some of the Greek islands and sacrificing so much to be there. We owe them a tremendous debt. It is the Red Cross, Calais Action, the Refugee Council and Save the Children—they are there. These are the people with their hands to the wheel in those places.

What are we going to do? If we say that the UK will do no more, where will those children go? Possibly they are asking on the Turkish/Syrian border now, “Where do we go?”. They get to Calais or Dunkirk and they say, “Where do we go?”. Are we going to pull up the drawbridge and say, “You can’t come here?”. If we do, we condemn these children not only in the present time. If they live through the present time to a childhood scarred with memories it will not be to the well-being of the rest of us. Action needs to be taken for the tens of thousands of children as if it was for just one child, for just one of my seven grandchildren.

It is a big undertaking, of course it is, but Canada has taken 25,000 refugees in two months. It was great, seeing that happen and hearing that an appeal went out on the radio in Canada when that first plane arrived at Lester Pearson Airport in Toronto: “Please, will no more people come to the airport? We’re under siege with people wanting to welcome these people from Syria”. The heart of the people is with those people who are tramping across borders or suffering in the camps.

In 1939, we said that we would accept our responsibility for people threatened by the blitz on our large cities—Liverpool, Manchester, Birmingham and London, of course—and in two months there were arrangements for evacuating 3 million people. We could do it. If we could do it for 3 million people in 1939, we can do it for 3,000 children now. I do not think there is any reason for us not to do it. I cannot think of a valid reason to come to this Committee and say, “Oh, yes, it’s this; it’s this; it’s this”. They are tiny children, like our children. I urge the Government to think again. I assure noble Lords that Heathrow, Gatwick or Stansted would be under siege by the warm-hearted people of the UK wanting to embrace and welcome them. I urge the Government from the bottom of my heart to think again on this.

[The Earl of Sandwich (CB)]

My Lords, I can see the point of the Government’s plan to collect child refugees from the Middle East, but the thousands of children who were seen on our television screens in October and November last year were already in Europe. The impression at the moment is that the Government are refusing to respond to what has become a public demand. I strongly support the noble Lord, Lord Dubs. This is not just an emotional issue; it is a case of practicality. The Government are talking about an admirable resettlement scheme, but, except in the case of family reunion, they are ignoring unaccompanied minors and ignoring this plea.

[Baroness Neuberger (LD)]

My Lords, I support this excellent amendment. This is the least that we can do. As the noble Lord, Lord Dubs, and my noble friend Lord Roberts said, there is a huge groundswell of support to bring some of these children—as many as we can—into this country. It is enormously important to get those children out of there, particularly out of Calais and Dunkirk.

I have to declare a couple of interests. I am rabbi of West London Synagogue, which runs a drop-in for asylum seekers and asylum-seeking families, and we have a lot of volunteers who have been going to Calais and Dunkirk. What they say about the situation of those children and the degree of risk to them and the appalling circumstances in which they live is truly ghastly.

I am also a trustee of the Walter and Liesel Schwab Charitable Trust, which was set up in memory of my parents. My mother came as a refugee. She was a domestic servant when her younger brother was still at school. His teacher rang her from Germany and said, “You have to get your brother out of here”. So my uncle came as a semi-unaccompanied refugee and was looked after by the most wonderful foster parents, who responded to general appeals for foster parents. They came forward, took him in and looked after him for months until my mother could cope.

It is ironic that we have been holding these Committee stage debates on the Immigration Bill around the time of Holocaust Memorial Day, when we have been saying “never again” and have been remembering the Kindertransport and the refugees who came. When one looks back on those speeches, as the noble Lord, Lord Dubs, did, on the whole you think a lot of the parliamentarians in 1938 and 1939 were truly wonderful people. However, I want to mention Eleanor Rathbone who is something of a heroine of mine. She also helped my grandparents, who also got out just before the beginning of the war. She said that our being so slow in taking action—in a slightly different area—was the equivalent of saying:

“’We are very sorry for all the people who are in danger of being drowned by this flood, and we will do our best to rescue them, but, mind, we must use nothing but teacups to bale out the flood’”.—[Official Report, Commons, 31/1/1939; col. 151.]

The trouble is that we have been so slow and are taking such very small actions. Three thousand is the very least we can do. We should go to Italy or to Greece and see the huge numbers who are there and then ask ourselves whether 3,000 unaccompanied children on top of the 20,000 who the Government have already said they will take is really too many. I hope the Government will accept this amendment.

Immigration Bill

Earl of Sandwich Excerpts

Wednesday 3rd February 2016 Lords Chamber

[Lord Horam (Con)]

My Lords, I will make a brief contribution to this debate based on my own experience as the Member of Parliament for Orpington for 18 years. My experience may be the same as or different from that of other Members of Parliament in the other House, but I had so many immigration cases regularly that one out of my three caseworkers was solely devoted to dealing with them comprehensively. By the way, I think the people in these cases got a pretty good service. I am not sure that a lot of people could devote so much casework time to one particular aspect of what an MP has to face.

None the less, I want to address the question of Clause 34, rather than Amendment 227 in the name of the noble Lord, Lord Rosser. However, while I understand the argument put forcefully by the noble Lord, Lord Ramsbotham, about the guarantee you get from having something in the Bill, my experience in relation to the handling of children is that they were handled exceptionally carefully. Whenever there was a family involved, the Home Office took particular trouble to do it properly. I felt that it pursued its statutory obligations very fully.

On the wider issue of Clause 34, my own experience was that the really difficult problem in dealing with immigration cases, whether they were economic migrants or asylum seekers, was the length of time the whole appeals procedure took. As the noble Lord, Lord Ramsbotham, said, it is byzantine in its complexity. That is the truth of the matter. That very complexity and the number of possible appeals you could make—tier 1, tier 2 and then appeals beyond that—meant that cases went on not just for several months but for several years and individuals, whatever the eventual result of the case, were placed in a situation of great difficulty, resulting very often in mental problems and severe depression. These cases could go on for five, six or seven years before they were eventually resolved. This was the really big problem in dealing with immigrants.

Will this clause as it is improve that? Will it speed things up? We have evidence from the new procedures for dealing with visa applications, for example, on the hub and spoke principle brought in by the last Government, whereby visas were dealt with in a particular area—let us say Dubai for the whole of India, for example—and things were speeded up. Those measures were brought in so that visa applications could be dealt with more rapidly than hitherto. Great experience was developed in dealing with the paperwork, as opposed to seeing people face to face, which ordinary common sense would suggest is a better procedure than dealing just with paperwork—but none the less, that is what was developed in the Foreign and Commonwealth Office as a means of dealing with these things more expeditiously than would otherwise be the case. If my noble and learned friend can tell me what experience and evidence we have that Clause 34 would speed things up, I would be in favour of it, because the real problem was the length of time that appeals took in immigration cases.

[The Earl of Sandwich (CB)]

My Lords, in the interests of speeding things up, I shall be very brief in putting a question to the Minister about absconding. There is an overlap again between these groups of amendments. The relationship between support and appeals is very critical, and I do not believe that the Government have quite got it right; they are trying hard but not succeeding. We are discussing asylum seekers facing genuine obstacles to leaving the UK; the Government want to remove their right of appeal against decisions to withhold or discontinue support. Does not that relate to Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004? My understanding of the Section 9 pilot is that nearly one-third of the families disappeared to avoid being returned to their country of origin. The rate of absconding was 39% for those in the Section 9 pilot but only 21% in the comparable controlled group, who remained supported. Can the Minister comment on those figures, because they would appear to lend credence to the amendment?

[Lord Green of Deddington (CB)]

My Lords, perhaps it is time for a different point of view on this subject. I have no difficulty with Amendment 227, which of course concerns children, but I would like to speak in favour of Clause 34 in respect of cases that do not involve children. In such cases, the aim should be to confine the application of the clause to vexatious appeals, which would help to speed up the process, as the noble Lord, Lord Horam, pointed out.

Much of the discussion in this Committee has focused on the rights of applicants at various stages of the process. That is entirely understandable, but should not we also have regard to the need for a swift and effective asylum system? That would surely be in the interests of genuine asylum seekers, who make up about 50% of those who apply, and in the interests of maintaining public support for the whole system. This clause is germane in that context. It is in effect the extension of a procedure that has already been applied to foreign national offenders, as has been mentioned already. I entirely accept that the people whom we are talking about are not offenders and are not usually of the same character, but I believe that the extension of the removal of non-asylum cases should be seen in this wider context. It is essential that we should break the link for those who are in reality economic migrants between setting foot in the UK and remaining indefinitely.

At present, removals of immigration offenders—not foreign national offenders—are running at a very low level, of only about 5,000 a year. That has to be tackled if we are to break this link, which I think is increasingly understood as you look at southern Europe and so on. We have to find ways of giving protection to those who deserve it and of removing those who do not. This clause is a step in that direction.

--- Later in debate ---

[Baroness Lister of Burtersett]

My Lords, I oppose the Questions that Clause 37 and Schedule 8 stand part of the Bill and support Amendment 230. I note in passing my support for Amendment 230ZB—I was going to say that the history of vouchers and the Azure card is not a happy one, but that is exactly the phrase used by the noble Baroness, Lady Hamwee. I am a bit worried after the confusion about who said what on the previous group that we are somehow seen as interchangeable; I hope not—from both sides, I am sure.

At Second Reading, I warned of the exploitation that could result from Clause 37 and Schedule 8. To show destitution will not now be sufficient on its own to qualify for assistance. It is clear from past research conducted by organisations such as the Children’s Society and the Centre for Migration Policy Research for Oxfam that destitution can all too easily lead to exploitation—notably of women and children—of various kinds. In particular, it can lead to economic exploitation, which the Bill is supposed to reduce, as destitute asylum seekers are pushed into the shadow economy, sometimes earning as little as £1 an hour in deplorable conditions, and sexual exploitation. This can involve both commercial sex work and transactional sex in return for shelter and basic subsistence.

Children’s Society practitioners report that they see many such ambiguous and all-too-often abusive transactional relationships. As one practitioner observed:

“These women are absolutely at the mercy of other people because they are powerless and have nowhere else to go”.

Previous Children’s Society research revealed how destitute children and young people, too, are vulnerable to abuse and sexual exploitation.

Prospective destitution is in effect being used to incentivise voluntary return—the language of incentives is the Government’s, not mine. The thinking that it betrays was challenged by a Centre for Social Justice working group on asylum a few years ago, and by evidence from many organisations working with asylum seekers—at Second Reading, I cited that from Women for Refugee Women. Not one of 45 women it spoke to in a 2012 study felt able to contemplate return, despite facing destitution. That still held true when they spoke to 30 of those women a year later. It concluded that parents who fear for their own and their children’s safety will not be swayed to return to their home countries by the threat of being made destitute or actual destitution.

Back in 2007, the Joint Committee on Human Rights made it clear, with reference to piloting of the Section 9 scheme, that,

“using both the threats and the actuality of destitution and family separation is incompatible with the principles of common humanity and with international human rights law and … it has no place in a humane society”.

Serious human rights concerns about the proposals in the Bill have been raised by the Equality and Human Rights Commission, with reference to the ECHR and the UNCRC, and the Northern Ireland Human Rights Commission, which has deemed them retrogressive concerning rights contained in the International Covenant on Economic, Social and Cultural Rights.

The only real concession in response to the consultation, other than to local authorities, has been to extend the grace period for families to 90 days, as we have heard. This extension is very welcome. However, there seems to be a sting in the tail, as it now appears that an application for Section 95A assistance will normally be possible only during the grace period while already claiming Section 95 support, and that 90 days will represent an absolute cut-off point. This has caused considerable concern among organisations working with asylum seekers.

Two particular questions arise. I apologise if I am repeating questions posed by my noble friend Lord Rosser, but I am not absolutely sure that they are the same questions because I did not quite take it all in. I do not think that there is any harm, because it is important that these questions are addressed. I should be grateful if the Minister would do so when he replies. First, will he provide an assurance that the regulations that permit applications outside the grace period will include changes of circumstance such as when asylum seekers who were previously supported by friends or family become destitute or encounter a barrier to return after the grace period is over? If the 90 days prove to be too short for families to complete the family returns process—we heard already that the Home Office’s own evaluation of the process shows that three out of five families take longer than three months—what discretion will there be for support to be extended for families still going through the process?

Welcome as the Home Office’s recent note was in providing more information, it is deeply unsatisfactory that it does not contain the level of detail about the regulations that we need to scrutinise these provisions properly. Nor does it indicate the level of support that new Section 95A will provide. Will it be the same as that provided by Section 95? Given the savage cuts to support for children that we debated last year and to which the noble Baroness, Lady Hamwee, already referred, surely there can hardly be less than that level of support. What is the Government’s response to the Delegated Powers Committee’s recommendation that the regulation should be subject to affirmative not negative procedures?

On Amendment 230, it is simply not credible to maintain, as Ministers do, that an appeal is not necessary because whether or not there is a genuine obstacle to leaving is a straightforward matter of fact. As Still Human Still Here legitimately asks, if such decisions are really so straightforward, how come the Home Office so often gets them wrong? As it points out, the reality is that these types of support decisions are complex, with caseworkers having to assess both whether someone is destitute and faces a genuine obstacle to leaving the UK. During 2014-15, it represented 168 asylum seekers deemed not to be destitute and in 70% of cases the Home Office decision was overturned. A similar proportion of cases was overturned or remitted in the 89 cases it represented where the appeal was on grounds of fitness to travel or reasonable steps being taken to return.

Such statistics demonstrate that facts are not just facts but have to be interpreted and evaluated, and a judgment made. All too often, it would appear that the Home Office is making an erroneous judgment. Yet in future there will be no tribunals, either to ensure justice or to provide some kind of check on Home Office decision-making, which is likely to become even worse as a result. The Home Office contends that appeals win only because of the late submission of evidence, but that is not supported by the analysis conducted by ASAP. Has the Minister seen that analysis and would he care to comment on its findings?

Important human rights and rule of law issues are at stake here. It is not good enough to say that judicial review remains as it would be very difficult to use JR in such cases. The tribunal system provides a more practical, efficient and fair means of enabling vulnerable people in pretty desperate straits to challenge decisions they believe to be wrong. The stakes are so much higher now than even under the present system. It would be a grave injustice if we were to allow the decision to remove basic appeal rights to stand.

[The Earl of Sandwich]

My Lords, it is a pleasure to follow the noble Baroness, who spoke with such sincerity. I support these amendments in the name of the noble Lord, Lord Rosser, and others. I am grateful to the noble Lord for mentioning absconding again. I hope we will get an early answer on that.

Amendment 230 would include a right of appeal against the decision not to provide support. There is a small army of campaigners on this matter out there, some of them in the House of Commons where this was a major issue in the last debate on the Bill. One of the campaigners was called Iain Duncan Smith. The Minister may already know that in a 2008 report, Mr Duncan Smith said that the then Labour Government were using forced destitution as a means of encouraging people to leave voluntarily. He said that it was a “failed policy”; only one in five left voluntarily. The same Home Office is again aiming to squeeze Section 95 and Section 95(9A) on support and to narrow down the eligibility of families of so-called refused asylum seekers, although I have never liked that term. That may even prevent, as the noble Baroness, Lady Hamwee, said, local authorities supporting children and families under Section 17 of the Children Act 1989. We were debating this in October, as the noble Baroness said, under the Motion to annul, and arguing whether £5 was enough for a person to live on. If you take into consideration food and clothing—shoes, for example—it is not. There are some sad examples of mothers and children facing destitution, and worse. These are taken from serious case reviews, which I shall not relate now, but they convinced me that the Government have to think again.

Immigration Bill

Earl of Sandwich Excerpts

Monday 1st February 2016 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I support my noble friend in these two amendments. They have been described as modest; I think they are remarkably modest in the light of the descriptions that we have heard. I would say to the noble Baroness, Lady Lister, that I would think twice about £640.

We are told that immigration fees are charged on the basis largely of cost recovery. Does this administration charge reflect the cost of administration? I find it quite interesting. It makes me wonder not only about the efficiency of it but that so much more is being paid for the administration than for the health service. When the proposals for a health surcharge were first mooted, there was a lot of debate about the dangers of either driving people underground or deterring people who have a right to a service from seeking it because they do not quite understand how it all works and fear that they might be prejudicing their own immigration status by seeking health advice and health treatment. My noble friend has raised immensely important points.

[The Earl of Sandwich (CB)]

My Lords, the noble Baroness just said what I would have said, so I add only one plea to the Minister: would he please explain the point of the regulations? We have discussed them before on previous immigration Bills and they keep coming back because they are so obviously unfair. We have to know whether they are intended as a deterrent, because if they are they will not have the slightest effect.

[Lord Rosser]

I rise very briefly just to say that I await the Government’s response with interest. I am not sure what the argument will be against being able to pay the immigration health surcharge incrementally. On exemptions from the surcharge, if the Government will not go down the road of the amendment, I await with interest to hear what their argument is for not having these exemptions.