Immigration Bill

Earl of Sandwich Excerpts

Wednesday 20th January 2016 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I support what might be seen as the rather technical points raised by the noble Baroness, Lady Hamwee. I am looking particularly at Amendments 81, 82, 84, 85, 86, 87, 88, 89 and 90. Where it is the practice in earlier legislation to use the word “necessary”, it seems inappropriate to use the word “appropriate”. One should keep to similar phraseology in legislation unless there is some very strong view to change it. “Appropriate”, as the noble Baroness says, gives a very wide degree of discretion—far greater than necessary—and I cannot at the moment see why it is necessary to have it wider than that. The other points—refusing continuation of a licence and so on—are similar. They are perhaps technical but, when they are worked on the ground, they have considerable force, and I am rather concerned to be broadening out what it does not seem necessary so to broaden.

[The Earl of Sandwich (CB)]

My Lords, I support Amendments 78 and 79, which would remove the Secretary of State’s power. It is a snooping power—a very wide power to search any licensed premises, with no need for suspicion, as the noble Baroness said. I will ask her question again in different words: what is the evidence for the growth in illegal working in licensed premises which justifies these new rules?

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[Baroness Lister of Burtersett (Lab)]

My Lords, I hope that we are not moving from waiting for Ewins to looking for loopholes. I was a member of the Joint Committee on Human Rights at the time of the legislative scrutiny of the 2014 Bill. As the noble Lord, Lord Alton said, this is a matter of human rights. Not only did we say that the removal of the right of overseas domestic workers was a backwards step but we noted that the 2012 regime had been cited internationally as good practice.

I am not going to make a great speech, because I think the case has already been made admirably by other noble Lords. But my noble friend Lord Rosser pointed out that the Minister in the Commons towards the end of the last Government, but a member of today’s governing party, said as a statement of intent that whoever was in government would implement the review’s recommendations. I simply do not understand why this very important report, which we were all waiting for and for which everything had to be suspended to see what it said, was presented to the Government nearly three months ago with a sense of urgency to it, yet we do not yet have the Government’s response to it, even though we have started Committee stage of this highly relevant Bill. Why do we not yet know the Government’s response and how quickly will we know it—and will it be in the spirit of the statement made by Karen Bradley in the Commons last March?

[The Earl of Sandwich (CB)]

I add one more voice from these Benches in support of the amendment. My noble friend Lord Hylton has already reminded us that the amendments in some form have already been won in this House. The Minister will already understand the strength of feeling on these Benches—with, obviously, some notable exceptions. The Ewins recommendations have sharpened them up, recommending the three-month temporary visa. I tend to support my noble friend’s wider amendment. The evidence being already on the record from Kalayaan and others, I shall not repeat any of that, but has the Minister seen the evidence from Justice for Domestic Workers, in its survey of last August, I think, in relation to the ILO convention 189? I shall give some brief illustrations: 72% of these—mainly—women feel that they have been required to work while they are unwell, while 94% say that they are injured while they are at work, by falling over and so on. One has to appreciate the depth of the suffering of these individuals—but I shall not go on about that. Case studies show how vulnerable they are and how wary they are of seeking help from any authorities, including consulting the NRM, where they should be going. I suspect that the Home Office, like my noble friend Lord Green, sees these amendment as holes in the dyke, carrying risk. But we have to give these domestic workers a way out of their situation in such a way that it will not open the gates to more migration. That is where the Ewins recommendations come in: the workers have to pass the test of exploitation. I see no reason why their case cannot be singled out from the rest.

[Lord Bates]

My Lords, I am grateful to the noble Lords, Lord Rosser and Lord Hylton, for tabling these amendments. It is entirely right that we discuss this important issue; it is something on which, as the noble Earl, Lord Sandwich, mentioned, I and the Government are in no doubt whatever about the strength of feeling in your Lordships’ House. What is more, we are in no doubt that there is a problem that needs to be addressed; that is not in question at all. Were it not so, we would not have wasted taxpayers’ money, as it were, on the Ewins review in the first place, nor would we have introduced the measures that we did in the Modern Slavery Act, which sought to address some of these issues.

Let me be clear at the beginning about what I intend to do at this stage—and I hope that noble Lords will bear with me. My proposal is to set out some of the initial response to the report and address some of the comments that have been made in the debate. I would then be immensely grateful if noble Lords who have an interest in this area might have the opportunity to meet Home Office officials and myself—and possibly Karen Bradley if her diary permits—to go over what we propose to do.

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[Lord Roberts of Llandudno (LD)]

My Lords, first, I welcome all those who now support so vigorously and enthusiastically the right of asylum seekers to work after, say, six months. They have such potential. I know they are not asylum seekers but a third of the doctors and consultants in the hospitals and half the nurses in north Wales are not of Welsh extraction; they are from overseas. We rely on each other. If you go to the hospitals in Liverpool, the same story is told. We work together; we are one world. We have a responsibility towards each other—a responsibility, I suggest, to help everybody, wherever they are from, to reach their potential and to contribute as much as they can to the well-being of the whole community.

I am not going to speak at great length—I would be very unpopular if I did. In any case, everybody else has said what I wanted to say. It is wonderful that we are in an atmosphere of wanting this policy to succeed.

I will say just one thing. Last night I was at a meeting where we spoke of the children in the camps at Calais and Dunkirk. At Dunkirk there are no facilities, and we have all seen the pictures of the children tramping in the mud, which in places is a foot deep. One contributor last night said, “You know, they haven’t had any education for 12 months. They haven’t had any schooling. They are missing out”. Many of those of Arab extraction who are coming to the UK—people who speak the languages of other nations—could become the teachers who help this new generation, and in helping that new generation I am sure we will be doing something to build the kind of world that Lloyd George talked about. He once said that he wanted to build a country fit for heroes to live in. Let us build a world fit for children to live in. We can do it in this Bill by adopting amendments such as the one that is proposed here.

[The Earl of Sandwich]

My Lords, I am always heartened by the words of the noble Lord, Lord Roberts. I remember one rather lonely evening when he moved a version of this amendment and there were not so many friends present as there are today. I see already that he is heartened by the voices from all around the Committee.

I am strongly in favour of extending the time available to migrants and asylum seekers because it is realistic. It recognises and legalises a situation that is already happening. As my noble friend said, the issue of permission to work is linked to concerns about destitution, which we will come to in Part 5 when we discuss Section 95 support. As Sir Keir Starmer said about Clause 8 in the Commons, the most vulnerable will become even more so if we do not pass this amendment. For example, making it a specific crime to work without leave drives the exploited and enslaved further underground.

There is one more point which needs to be underlined. The Immigration Minister said during Committee in the Commons that asylum seekers could frustrate the process of application in order to qualify for the permission, and I expect that the Minister has this argument in mind this evening. But the amendment addresses this point—and the Refugee Council makes this clear—because permission would be granted only where the delay was in the process and not due to any action taken by the asylum seeker.

[Lord Ramsbotham (CB)]

My Lords, until seven years ago, I thought that Red Cross food parcels were handed out only to British prisoners of war in Germany. However, when I was a commissioner in the Independent Asylum Commission, I saw Red Cross food parcels being handed out on the streets of Manchester to destitute asylum seekers who had been refused permission to work.

One of the things that has distressed me most about what has been said tonight relates to remarks that I made at Second Reading about the quality of Home Office casework. Listening to the noble Baroness, Lady Hamwee, and my noble friend Lord Alton, I could not help reflecting that a great deal of this unnecessary destitution is caused by poor casework in the Home Office. I wonder whether the Minister can say what steps are being taken to improve that situation and speed up the processing of these applications.

Immigration Bill

Earl of Sandwich Excerpts

Monday 18th January 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I shall start my remarks by associating myself with the introductory remarks of the noble Baroness, Lady Hamwee, who talked about the unsatisfactory way the Government have handled the Bill so far. I also agree that the first part of the Bill, which concerns the Director of Labour Market Enforcement, has no place in this legislation and is a separate matter. The lack of pre-legislative scrutiny was referred to by the noble Lord, Lord Alton—whose remarks, again, I very much agreed with. This is no way to legislate. It reflects poorly on the process and risks undermining other legislation such as the Modern Slavery Act 2015.

When the noble Lord, Lord Bates, responds to the debate, I think that he owes it to the Committee to give a proper explanation of why we are in this situation. Let us be clear. The Government are in charge of the Bill and of the timetable, and their legislation should be dealt with much better than this. As I say, I hope that he will give a full explanation to the Committee when he responds.

This first group of amendments seeks in the main to improve what is presented here by putting into the Bill clarifications and duties to consult. The noble Lord, Lord Bates, may be suggesting something similar shortly, but that has not necessarily been implied. I am generally supportive of what is being proposed in the amendments tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, while Amendment 11 has been proposed by myself and my noble friend Lord Rosser. I will deal with Amendment 11 first. We are seeking to put a clear duty on the Director of Labour Market Enforcement to consult with civil society and voluntary organisations in the preparation of the annual report that he will have a duty to present to the Secretary of State each year. If a proper report is to be prepared for the Secretary of State, information will need to be gathered and assessed, and it is often voluntary organisations and civil society that will acquire the information that will be vital to the production of a report of substance to ensure that the duties of the director remain relevant and can identify the modifications which are necessary to achieve that.

As has been said, the amendments in the names of the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, clarify that it must be the Home Secretary who appoints the Director of Labour Market Enforcement, and that the Business Secretary and relevant Scottish and other departmental Ministers must also be consulted. They also place a duty on the Director of Labour Market Enforcement to consult with Ministers in the devolved institutions and various officials exercising powers under labour market legislation on the preparation of a labour market enforcement strategy that will be submitted to the Home Secretary. Again, if in his response the noble Lord, Lord Bates, is going to suggest that this is not necessary, can he please tell the Committee how the Secretary of State will ensure that the report they receive is both timely and relevant to the matters in hand, and give us some direction as to how they should be consulted?

[The Earl of Sandwich (CB)]

My Lords, I was waiting for the noble Lord to mention his Amendment 11 before saying that I am delighted to see it here. The Government will recognise the role in the Modern Slavery Act of the coalition of NGOs which really helped to put the Bill together. It should be emphasised that we want to see the same thing again with the director in this case. I hope that that will borne in mind throughout the consideration of these amendments.

[Lord Harries of Pentregarth (CB)]

I also rise very briefly to support Amendment 11 in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark, for the simple and obvious reason that voluntary organisations are the key players in this. They are the eyes and ears of what is going on, and if they are not consulted, the Government are simply not going to be in a position to understand the realities of the situation.

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[The Earl of Sandwich]

My Lords, we may be in danger of making a meal of this group of amendments. I quite understand that the noble Lord, Lord Horam, has pointed out a connection between the two, but it is a very serious issue to describe the difference between them. I go back to the Modern Slavery Act, which was an excellent example of pioneering government and listening Ministers. A welcome number of government amendments on both that and this Bill shows that the law is constantly in need of review. As many NGOs are actively demonstrating, there is much more to be done on illegal working, as we work through this Bill and beyond. Part 1 does not adequately reflect human rights concerns. The noble Lord, Lord Rosser, pointed out the big confusion here that comes up under several amendments between labour regulation and immigration law enforcement, and the improper use—or potentially improper use—of employers and landlords as immigration officers, making migrant workers especially vulnerable. Some with more legal training than me are concerned about the likelihood that this encroachment is inconsistent with the ILO Convention No. 81, the Labour inspection convention of 1947. I hope someone will confirm that that is a difficulty. Do the Government agree that to ensure protection these two areas must be kept separate?

[Lord Hodgson of Astley Abbotts (Con)]

I have to say that I have some sympathy with my noble friend Lord Horam about the importance of not narrowing the gateway too much in terms of the work of the Director of Labour Market Enforcement. The wording in Clause 2(2)(a)(i) allows for a very wide remit: it seems to me to be important to preserve this. It is very easy of course to see this only through the prism of the victims—and indeed there are terrible victims who need protection—but the director should surely be able to identify practices, behaviours and trends not only relating to the protection of workers.

I am a keen supporter of employee share ownership. Every year the Employee Ownership Association has a dinner in your Lordships’ House, which I am proud to sponsor. Last year I was sitting next to one of the biggest companies in the field of imports, which brings a lot of stuff across the Channel in containers. He said to me, “Do you know that up to about a year ago, once a year a container would have people inside it; two or three times a week now, you open the container in Cowley and six or seven people jump out and disappear into the dark. They have a baseball bat and you can’t stop them—and talking to my colleagues in other firms this is an increasingly prevalent practice”.

It seems to me that this is the sort of issue that ought to be publicised and the director ought to be able to raise. It is not about protection of workers, though that is a very important part of his job. It is about what is happening in the labour market generally. It would be a grave mistake if we allowed ourselves not to think about these activities as well, and make sure that the director could comment on them and make suggestions for improvement. It is in the interests of everybody, but particularly those who are victimised, that this should be publicised—and the other side of the coin should be publicised as well. I hope that my noble friend will bear that in mind when he comes to consider his reply to this set of amendments.

Syrian Refugees

Earl of Sandwich Excerpts

Thursday 17th December 2015 Lords Chamber

[Lord Bates]

The programme we are talking about is the Syrian vulnerable person relocation scheme. Of course, there are other schemes, such as Mandate and Gateway, which are not country specific and therefore people would be eligible to apply through that route. The noble Lord has been consistent in drawing attention to this. Under the previous Government, he would chide us that the Syrian vulnerable person scheme was too little, dealing with only 160 people in the first year. But in the past three months we have added another 1,000 to that. That is something to be proud of, as is our committing to a further 20,000 by the end of the Parliament, and the fact that we are the second largest cash donor. There is always more that can be done, but I think that we can hold our heads up high, particularly at this time of year.

[The Earl of Sandwich (CB)]

My Lords, many local councils have made generous offers to receive Syrian refugees. Has the Home Office considered publishing the figures so that councils can encourage one another to welcome and receive these refugees? It seems to me that there is a lack of information between the councils, and this should be put right.

[Lord Bates]

Richard Harrington, my colleague in the Home Office, is responsible for that and is working with the more than 50 councils that have come forward. Because these are sensitive issues, councils have asked that they choose whether to disclose this information themselves; we do not disclose it on their behalf. On looking into this, there is one issue that has come up. The basis on which people come into this country is that they are given five years leave to remain on international humanitarian assistance. A lot of the accommodation that is provided is short term. The idea is, of course, that we want the people coming in to find work and their children to find schools and, because they are in high need, to have access to medical support. That is one reason why it is slightly more difficult to ensure that the right accommodation comes forward. However, the evidence of the past few months, with over 1,000 refugees arriving here, shows that that is beginning to work.

Asylum Support (Amendment No. 3) Regulations 2015

Earl of Sandwich Excerpts

Tuesday 27th October 2015 Lords Chamber

[Lord Avebury (LD)]

I wish to ask the Minister two very brief questions. First, the comment has been made, but not in this debate, about the length of time that people remain on Section 95 support. In 2013, Mark Harper, who was then the Minister in charge of immigration, gave a series of figures, including an average length of time that people are on this destitution support of 525 days. That is part of the most iniquitous feature of this system—that not only do we keep people on the very bottom of the economic heap, but we leave them there indefinitely with no limit on the time that people can remain on this destitution support.

The other question I want to ask the Minister is whether the Government intend to publish a response to the Secondary Legislation Scrutiny Committee, which has been quoted many times during this debate, and the criticism it made of failing to give full details of the number of families who are on this level of support and what is included in it. Can we have answers to those questions in the Minister’s wind-up speech?

[The Earl of Sandwich (CB)]

I promise to be brief as much has been said already, but I cannot help saying that the Government have shown a generous face to the public on Syrian refugees under the UN’s Gateway scheme, responded properly to public pressure then, and may do more. However, at the same time, they are prepared to let down and make more destitute refused asylum seekers who may be unable to return home. There is a clear moral principle here and this Minister will recognise that. These are people who have already suffered greater hardship than the rest of the community and yet they are in effect being punished for remaining in this country, as the noble Lord has just said.

Under Sections 95 and 4(2) of the 1999 Act, this category who have been unable to convince the Home Office of their case are already regarded as destitute. That is why they come under these sections. If the House of Commons Library is correct, and 3,600 out of some 4,900 individuals on Section 4(2) support have been living on it for more than 12 months, there must be a very good reason why they cannot return to their home country.

Keeping asylum seekers at destitution level must have two objectives, which have not been mentioned. The first is to act as a deterrent to people who are determined to avoid removal. The second is to show the sceptical public that no cushions are being supplied to asylum seekers. On the deterrent argument, to expect that by reducing their income by as much as 30% in some cases they will immediately be able to take off to another possibly unsafe country is completely to ignore their present insecure situation. As to cushions, it is unlikely that the general public will ever be aware of people with no future, living precariously, possibly in hiding and in temporary accommodation. But apart from that, the evidence seems overwhelming. I am grateful to the Still Human Still Here campaign for its helpful summary. I was startled, as others were, by Refugee Action’s finding in 2013 that 90% of interviewees on Section 95 support could not afford sufficient or adequate food or clothing. My noble friend and the noble Baroness, Lady Humphreys, mentioned this.

It appears that the Home Office is coming down heaviest on footwear, clothing and communications. Leaving mobile phones aside, has anyone living on £5 a day on an Azure card ever tried to buy a pair of shoes or a sweater? Of course, they will not be able to afford anything but charity handouts, if they can get them, as my noble and right reverend friend Lord Eames said. Should the Government be counting on them finding handouts and, still worse, should they be taking these into account in their calculations? Has any research been carried out on handouts and whether they come into official calculations? The Home Affairs Committee took a dim view of this in 2013, and then came the very serious High Court judgment that the Government had got it wrong and needed to rethink their whole case. That is why we are discussing the new ONS figures.

I will not repeat what has been said about the UN convention. I accept the principle that migrants or overstayers who fail the asylum seeker test need to be returned to their country of origin. I have been involved with this subject in Portsmouth and agree with the Government’s policy. This becomes even more important with the new Syrian arrivals, when there will be renewed pressure on resources. But that does not mean that you penalise a whole section of society who may be forced to live below the standard of the population as a whole.

Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015

Earl of Sandwich Excerpts

Monday 19th October 2015 Lords Chamber

Creating a repository will more effectively fulfil the Home Secretary’s stated desire that civil society and consumers drive the impact of transparency in supply chain reporting, as there will be one central place to read the reports. I look forward to hearing from the Minister about the outcome of the consultation and when such a repository will be established. Tonight is a rare opportunity to press the Minister further on these points. I think he was expecting this issue to be raised, so we look forward to hearing from him.

[The Earl of Sandwich (CB)]

My Lords, I supported my noble friend’s original amendment on the question of monitoring, and I will return to that in a moment. Whether we should go as far as the website and central information, I still am not certain in my own mind.

Having looked through the original consultation and the Government’s response, I am very impressed by the detailed work that has been done on this issue. It is rather a contrast with the Energy Bill, where the Government were castigated for bringing everything in at the last minute. I think that the whole process of pre-legislative scrutiny and consultation on the Modern Slavery Bill has been a model. I believe that the Government are genuinely behind this legislation, especially the Minister, who has shown commitment over many years, including his Nike research in China, his links with Gateshead and Traidcraft and his promise to consult widely following the Bill. This is where my noble friend’s amendment is very relevant. We are delighted that he has come up with the regulation, and I warmly welcome the decision to go for the lower threshold. This was the clear view of the respondents and I am glad to see also that companies will be given some flexibility on the form of the statement. So we are proceeding gradually in the right direction.

This does not mean that I have no misgivings. The first one is about monitoring. I notice that under section J of the impact assessment, the Government undertake to engage with businesses for a further 12 months after commencement. However, it seems that this will be only a limited assessment about reporting requirements and whether organisations have any difficulty in providing information. What about the monitoring of performance by the companies themselves after 12 months? Who is going to assess whether the companies have adequately researched their own supply chains to the point where they can revise earlier statements? I suspect that much of the monitoring will fall to civil society.

I remember the discussion under Section 54 on 10 December, when the noble Lord, Lord Rosser, questioned the Minister very closely on the amount of information that would be required from a company to enable civil society, for example, to make a judgment. This is an important point because it might be easy for a company to make very brief statements with so little content that the Government and NGOs would hardly be able to question them.

Presumably the Government will be involved after the 12-month period. Will they create a forum involving the NGOs, or will the anti-slavery commissioner, Mr Hyland, be involved in the process? I see that he has just published his impressive strategic plan: his workload is formidable. I know that he works with the NGOs a lot but surely he will have to stick primarily to policing and law enforcement and will not have the extra time that is required.

If the aim of the regulations and the Act is to,

“ensure there is no modern slavery in … supply chains”,

and to,

“aid the detection and elimination of modern slavery”,

surely a lot more needs to be done in the direction that my noble friend has mentioned than publishing what could be very limited information.

Finally, I ask the Minister whether charities are covered by the regulations. Section 54 of the Act refers to a “commercial organisation”, but the Explanatory Memorandum to the regulations says at paragraph 10.1:

“The impact on ... charities or voluntary bodies is small”.

Perhaps he could clarify this point, because there are charities with substantial overseas trading interests.

[Baroness Hamwee (LD)]

My Lords, this is indeed a significant statutory instrument. Whether it will fulfil its potential depends on its implementation and the practice that is adopted by organisations, as well as the response by the public. Like other speakers, I think that the content of the statements is more important than the process, and inevitably the statutory instrument is focused on the process.

Actions beyond the legislation—the statute and the statutory instrument—will be important. Like other noble Lords, the first point that I wrote down related to monitoring and whether there would be a central repository and a website to cover what may be, according to the impact assessment, 17,000 or 11,000 companies—a number of figures are given. It seems to me that the demand for that was reflected in the responses to the consultation, as reported on the Home Office website. This is not just for citizens, NGOs, civil society or indeed government to check and to hold companies to account; surely the repository, or depository, also has a function in spreading good practice and disseminating information about methodologies. The responses to the consultation seemed to show a need on the part of companies for assistance in how to identify slavery. The section on supply chains in the commissioner’s strategy, to which the noble Earl has just referred, under the heading “How will we know that the response is improving?”, says:

“Best-practice models of business and supply chain transparency to be established and widely adopted”.

Clearly there is a lot of work to be done in this area, so the guidance on how to do it is important. We are told that this is to be,

“published to coincide with the duty coming into force”,

which, I understand, will be in October. Can the Minister help the House as to whether the guidance will be published before then? Surely if a duty is in effect, one needs to know beforehand how to comply with that duty in the way that, I hope, the guidance will cover.

I note, too, that transitional provisions are to be developed, and I wonder whether the Minister can explain what that means. The first point that occurred to me on this was that the duty comes into effect in October, but how does that relate to any given company’s financial year? Presumably that will be a basis for making a statement and an assessment. The Government must have thought through whether, for instance, the duty will apply to a report only after there has been a full financial year of experience. I may be barking up the wrong tree here but if the Minister can help the House on what is anticipated in the transitional arrangements, it would be useful.

The responses asked whether the provisions could apply to companies below the threshold. I assume that there is no reason why not. In our debates on the Bill, we talked about the reputational benefits of providing statements.

More widely—I do not know whether the Minister can answer this—what sense does the Home Office have of a buy-in of enthusiasm for this process, for instance among institutional investors? During the progress of the Bill, we talked about the position that shareholders have and the influence that they may have on companies, so the institutions, as the biggest shareholders generally, will be in an important position. I used a search engine to see what was being said about this subject and found that a number of City lawyers and accountants are including advice on the subject in their newsletters, but it will be the shareholders—and the concern not to upset shareholders—that will be central to the operation of this measure.

The noble Lord, Lord Alton, referred to the effectiveness of these arrangements. In that connection, I noted that the impact assessment seems to deal with the regulatory burden, not with the costs of the investigation leading to the content of the statement. Checking that there is no slavery in the chain is the objective, despite the get-out of the “no statement”, so it seemed to me that there was a danger that the impact assessment might be sending an inappropriate message.

I was interested, too, that quite a lot of respondents disagreed with providing key performance indicators—not a majority by any means, but the indicators are referred to in the legislation and they are important because they will show trends. We are talking here about not just snapshots but trends. I do not know whether the Minister can say anything about that.

Almost finally, we have heard about the requirements on the Home Secretary to report. Is there an intention to report more frequently than the statutory minimum? And finally—this matter was raised by the noble and learned Baroness, Lady Butler-Sloss, during the passage of the Bill—can the Minister tell us what the Government are doing to check on their own procurement?

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[The Earl of Sandwich]

Can the noble Lord clarify whether the commissioner has any role in this? It is quite an undertaking to leave it entirely to the voluntary sector.

[Lord Bates]

In the strategy which he published, the commissioner did not say that he felt that it was for him to do this. He did not express that as a view and he set out other priorities. Of course, whatever the sums are that he has to work with, we know that many demands will be made on those resources, and he wishes to target them in a particular way. I am aware that discussions are going on with third-party organisations which might be willing to step forward in this area, but we feel that it is not something for the Government themselves.

UK Opt-in to the Proposed Council Decision on the Relocation of Migrants within the EU (EUC Report)

Earl of Sandwich Excerpts

Wednesday 22nd July 2015 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the noble Lord, Lord Hodgson, has considerably widened the scope of this debate and I shall resist the temptation to answer him directly for that reason. I understand that he must come to the aid of his noble friend, but it is not enough to say that he is in a minority because he has made important points which we will reserve for another day.

This debate follows on neatly from the debate on the situation in the Mediterranean and the displacement of refugees and migrants from Asia and Africa introduced by the noble Lord, Lord Alton, on 9 July, which the noble Lord, Lord Hodgson, may have attended. I am afraid that we did not get satisfactory answers on that occasion, as we should have done given the current daily anxieties in the media and among the public, so I shall ask some of those questions again today. This is a matter of great concern in this House, not least because of the work that has been put in by our Select Committees.

I congratulate my noble friend Lady Prashar on her elegantly worded Motion and on taking on this urgent question on the very last day that we can have any hope of influencing Her Majesty’s Government. It is also a genuine benefit to have this particular Minister, whom I know from experience of the Modern Slavery Bill and most recently the Psychoactive Substances Bill. The Minister has to represent a department that can at times, and under any Government, resemble a brick wall—and I have had 20 years of experience of that—but he himself is a very practised listener.

The Government do need to listen on this issue because, as others have said, this is an exceptional time in terms of the numbers of migrants entering Europe. Member states therefore have to make urgent adjustments, and they are very modest adjustments being proposed today, to current EU policy—not just the Commission proposals or the recent Council conclusions, which seem to have confused everyone and have muddied the waters, to use the expression of my noble friend—but in the longer term the Dublin regulation itself, because the fact is that member states are already reinterpreting the regulation. Surely this strengthens the argument, as the noble Baroness, Lady Ludford, pointed out, that we should be reconsidering that regulation formally.

We are therefore discussing this issue in something of a vacuum because the Commission, having revised its conclusion, has not yet come up—or the Council has not yet come up—with new proposals we can consider. We know that the Commission made a serious misjudgment—and the Minister might agree on that point—in proposing a mandatory scheme in the first place. On the other hand, it should be helpful to our Government if we raise the issue today, either to enable them to prepare a response in advance or, better still, for us as the UK to make our own proposal first.

My own view is close to that of my noble friend and of the committee. The Commission’s intention is very clear: to help Greece and Italy to relocate 40,000 migrants to other member states. The Council has agreed now to adopt a voluntary scheme, if it is agreed by consensus by all participating member states. I was surprised to hear the noble Lord, Lord Hodgson, mention our own “population explosion” and “superhighway”, which I think do not come into this area of discussion. I believe that the UK should in fairness take an active part in the resettlement scheme as proposed in the terms now set out by the Council.

The proposed scheme does little to help with the processing of asylum applications; under the Dublin rules, that falls to Greece and Italy as the countries of first asylum. They get very limited operational assistance from the EU or through FRONTEX, but that processing needs strengthening as well. As my noble friend says, these are not economic migrants from north Africa. I must repeat that. The vast majority in Greece and Italy who come under these measures are fleeing civil war in Syria, Iraq and Eritrea. I support the view that, when we see the Council’s conclusions, the UK should fully take part in negotiations on them. We are a member state, whatever our legal relations with Schengen or FRONTEX, and under a voluntary scheme especially we have a clear moral responsibility.

Can the Minister say how many Syrians are being processed already under the UNHCR’s gateway resettlement scheme? I know we are receiving up to 750 from different countries under this programme, but how do the Syrians fit into the more recent scheme by which hundreds of vulnerable Syrians are selected and given five years’ humanitarian protection status? I understand that up to March only 183 had been resettled under this scheme. When I asked the noble Earl, Lord Courtown, the number had risen by four, to 187, when he answered in the 9 July debate. Can the Minister confirm those figures, and does he have anything more recent?

I do not think we are slamming the door—an expression that is being used. I recognise that more than 4,000 Syrians have already been granted asylum in the UK during this crisis, but we still cannot match the generosity of other EU members, such as Germany and France, which have various problems, as has been said, and are jointly taking more than 20,000 refugees in the next two years.

I am reminded by the right reverend Prelate’s contribution that this contrasts not just with the case of the Ugandan Asians but with the warm reception that the earlier boat people, the Indo-Chinese, received— I think that most of us can remember that—especially through the churches and local communities. Again, these were people already under UNHCR protection and processed through that scheme.

If I may digress for a moment, some noble Lords may be familiar with the magazine Forced Migration Review, which is published by the Refugee Studies Centre in Oxford. It is an excellent magazine recording the direct experience of aid workers and researchers who visit refugee camps in Turkey and the Levant. They know the problems of refugees intimately. Last September’s issue was devoted to Syrian refugees. It reminded us that during the civil war it is the women who shoulder the main burden in feeding the family and keeping homes together. It is they who ultimately make the decision to leave; they are already vulnerable at the point. But the old, the infirm, mothers of young children and many more suffering from mental health problems are the categories that we are talking about, who deserve urgent assistance and protection. As the noble Lord, Lord Hannay, put it, the Government must not shelter behind their JHA opt-outs. It is up to them to increase our share of this responsibility.

Psychoactive Substances Bill [HL]

Earl of Sandwich Excerpts

Tuesday 9th June 2015 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, this has been a good-humoured while serious debate. Drug addiction, whether legal or illegal, remains a severe test of the ability of all of us concerned—doctors, psychiatrists, parents, police and lawmakers—to offer sensible advice and durable solutions. We can go on saying that the law must be reviewed and the Misuse of Drugs Act revised. We are now discussing a radical change: a blanket ban on new psychoactive substances. However, the results will always vary because of definitions and because of the effects of drugs on individuals. We are all different human beings and our metabolisms react in different ways.

The Minister mentioned the cat and mouse game. The noble Baroness, Lady Browning, said it was playing catch-up. The law may easily be intervening on the wrong people all the time. So I begin, not for the first time, in sympathy with the Minister who has to steer through these difficult problems and answer this debate. I also welcome the noble Baroness, Lady Chisholm, to the Front Bench on this issue for the first time.

I link this discussion directly to the related problem of prescribed drug addiction, which the noble Lord, Lord Patel, kindly mentioned in his contribution and which the Home Affairs Select Committee linked it with in its report 18 months ago. Here I declare an interest because, as some colleagues will remember from the Health Bill and before, a member of my family has for several years been severely affected by withdrawal from prescribed medicine. Incidentally, patients in this category must not be stigmatised because most are following doctors’ orders and doctors can get it very wrong. Some doctors deny that the prescribed drug has caused the problem at all. Patients are then left to cope with withdrawal on their own.

My points are very simple. First, addiction to medicines is every bit as serious an issue as legal highs and controlled drugs. The negative effects of legally prescribed medicines can be devastating and they potentially affect many more people than controlled drugs given the vast number of prescriptions issued every year. Of course, the same point was rightly made about alcohol.

Secondly, while huge resources are rightly devoted to criminality, virtually nothing is spent on prescribed drug addiction because it appears that no harm is caused to society; it is society that is causing the harm. Yet a mere handful of charities are coping with increasing numbers of desperate people who become dependent and cannot easily withdraw. Despite the—I am afraid—feeble efforts of the Department of Health and a few exceptions among primary care trusts, the devolved NHS and three successive health Ministers have virtually ignored the problem, having shown a lot of enthusiasm to begin with.

I refer to a fact-sheet produced by the Council for Evidence-Based Psychiatry for a meeting of APPGITA, the All-Party Parliamentary Group on Involuntary Tranquilliser Addiction, founded by the late and respected Jim Dobbin, of both of which organisations I am a member. The noble Lord, Lord Patel, mentioned some of these points. In England alone last year, there were over 80 million prescriptions for psychiatric drugs. Almost 10 million people in the UK, or around 15% of the population, are taking tranquillisers, antidepressants or other psychiatric medications at any given time, all of which have the potential to create addiction or dependence. Some 57 million prescriptions were issued for antidepressants in 2014 in England, which is a rise of over 500% since 1992; 11% of women and 6% of men are taking them regularly.

The prevalence of depression has not risen since 2003, but prescription numbers are increasing because more patients are taking antidepressants for longer. Over 1 million people are long-term users of tranquillisers, including sleeping pills, despite clear guidance that they should be used for no more that four weeks. Tranquillisers, antidepressants, antipsychotics and other psychiatric drugs can all be helpful in the short term, but long-term use—as with cocaine, cannabis or alcohol—is associated with serious harm. Furthermore, a large number of patients suffer debilitating symptoms for years following withdrawal from prescribed drugs, while some are left with symptoms that may persist indefinitely.

The government response to the Select Committee report, published last May, draws attention to various half-hearted attempts by the Department of Health to deal with the problem of prescribed drugs. However, it welcomes, as I do, the initiative by the Board of Science of the British Medical Association, which is at last undertaking a long-awaited report on involuntary dependence on prescribed medicine. This report, when it comes in October or soon after, will undoubtedly have enormous influence on the Government’s attitude to this whole issue. But it will be too late for some of the withdrawal charities. One of them, CITA in Liverpool, had to close recently because of a lack of funding, following changes in the NHS. There are only a handful of these charities. Another closed last year in Cardiff for similar reasons, and the saintly counsellor who ran it now finds herself unable to find alternative employment because the negative effects of prescribed drugs are just not a priority for the local clinical commissioning group.

Patients depend on a frail voluntary service. There are fewer than 10 charities groups that provide support to individuals trying to withdraw from benzodiazepines. They are currently located in Belfast, Bradford, Bristol, Camden—only in Camden, in the whole of London—Cardiff, Liverpool—at least there was one in Liverpool—Manchester, north Wales and Oldham. Only three of these support individuals withdrawing from antidepressants and none specialises in withdrawal from other psychiatric drugs.

The Government have a particular duty to provide appropriate services for people who have been harmed by medicines supplied through the NHS, yet they are clearly failing to do so. Guidelines need to be updated to reduce overprescribing, and support services need to be introduced across the country to help affected patients withdraw slowly and safely. Doctors need to be properly trained to recognise these harms and to provide appropriate support. More research is needed to investigate the harms associated with long-term use.

Finally, there is the acute problem of the misuse of both NPS and prescribed drugs in prisons. The noble Lord, Lord Rosser, mentioned this earlier. I know that this is already in the sights of the Ministry of Justice. Her Majesty’s Inspectorate of Prisons has drawn attention to it and the Centre for Social Justice highlights it in its most recent report on drugs in prison. Once again, this shows the grey area between lawful prescription and criminality and the constant risk that, while some culprits may be caught, the innocent victims will usually be forgotten.

Immigration: Detention

Earl of Sandwich Excerpts

Thursday 26th March 2015 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, this has been one more milestone in the long immigration debate. I thank my noble and learned friend for setting it out today, and congratulate him on his valediction. I shall miss his good sense and good humour, as will so many of our colleagues.

I have been involved in a number of previous inquiries and reports by all-party groups, some on immigration, some on Africa. They have all been good examples of best parliamentary practice, in which the general public, outside groups, NGOs and refugees themselves can engage with MPs and Peers. This report is therefore another outstanding example. Many of the recommendations coincide with those of the Independent Asylum Commission—mentioned by my noble friend Lord Ramsbotham—which offered a way forward, as does this report. However, I am sorry to say that apart from improved conditions for children and families, which have been welcomed, the Home Office still seems to be travelling with blinkers on. It has focused on immigration largely from the point of view of its effect on numbers, the impact on the British economy and on our way of life, and much too little on the situation of the refugees and migrants themselves.

I speak as a patron of Friends Without Borders in Portsmouth, which is concerned about inmates in Haslar IRC. Haslar has had quite a good HMI report recently, but it is unfortunately due for closure in a few weeks. I am aware of the wide discontent around the issue of length of detention. Most people who work closely with detainees feel strongly that there should be a maximum period of 28 days. Detention Action’s report last October pointed out that indefinite detention was a “uniquely British phenomenon”—and it is not one of which the UK can be proud. In 2013, over 900 migrants left detention after spending more than six months inside. Visitors to Haslar are perturbed, for example, by the case of an Indian national who was detained in October 2009 and released two years later, in December 2011. He was then returned to Haslar on 20 February 2013 and is still in immigration detention in Haslar another two years later. The point is that the Home Office did not remove him from a removal centre between 2009 and 2011, nor between 2013 and 2015. Yet he is not a danger to society in any way. There are many such cases, even just in Portsmouth. Another man was first detained in February 2013, then redetained last December. Three others in Haslar have been detained for long periods of 10 months, nine months and seven months. All those are from war-torn countries and the Home Office has not been able to obtain travel documents for them.

As at 31 December 2014, of the 3,462 people detained in immigration removal centres in short-term facilities, there were 20 cases of detainees who had suffered the longest recorded lengths of detention, over 700 days, and one of these was for 1,793 days. One or more long periods of detention for any person, without any time limit or sense of the length of the tunnel that you are in, is injurious to mental health, as the noble Baronesses, Lady Lister and Lady Hamwee, said. We can add to that the fact that most detained asylum seekers have already endured persecution followed by long, hazardous journeys and, perhaps, torture. Yet these people are victims, not criminals; they are asylum seekers who have already been through an ordeal. There should be other checks on detention. For instance, people have argued for years for automatic bail hearings, and for proper notice of the reasons for detention. Is Rule 35 of the Detention Centre Rules about safeguarding torture survivors being effectively applied?

We are said to be a generous country with a good record on asylum, yet the rhetoric as we approach the general election is that we are too generous because we cannot meet our immigration targets, including the student targets. Yet if we look at the wider situation in the Middle East, we are way down the list. Out of millions of Syrians in exile we have accepted only a handful of refugees, and Europe as a whole has taken less than 30,000 of the 120,000 that the UN would like us to take. Against that background, I hope that the Home Office will look more closely at its policy towards detention and take this opportunity to use the report to bring people of good will together to act on the recommendations and come up with more community-based solutions.

Modern Slavery Bill

Earl of Sandwich Excerpts

Wednesday 4th March 2015 Lords Chamber

[Baroness Hamwee (LD)]

I certainly took from the Minister’s long and careful response to the amendments on this clause at the previous stage that he entirely took the points that are being made today. He said that all of us are willing and keen to accept the principle that the statements ought to be put in one place and made easily searchable and identifiable. I take it from that and from other comments that this is something that the Government are working on.

The Minister then mentioned a two-day tech-camp. Frankly, that sounds terrifying, but I wonder whether he has any news of that. He issued a generous invitation to Members of the House to attend it. I am not sure whether I would be up to it myself, but it sounds as though it holds the seeds for taking this matter forward and I hope that he can give us a little more news.

[The Earl of Sandwich (CB)]

My Lords, Third Reading is an occasion for tributes and I hope that the Minister is not too embarrassed to receive all these tributes. He has worked very passionately on the Bill and I congratulate him. We are asking a very small step of the Minister today. I mentioned this before. It was a small step then and remains small, although, even so, it may be the biggest step that he takes today.

My noble friend has put all the arguments so succinctly that I will not rehearse them. I add only one particular point, which is that I personally would not like to see the voluntary sector carrying the load of this responsibility. The way that the amendment is worded is very gentle. It states:

“The Secretary of State may by regulations appoint”.

It does not actually say that it has to be a government agency. That is the interesting thing about the amendment—it takes us just a very small step further.

I mentioned to the Minister at a private meeting that the situation of the groceries adjudicator may be a parallel to look at, but I would not want to wait for consultation. I do not agree with my noble and learned friend that we have to wait longer for that. I think that the House will decide today in favour of the amendment unless the Minister has something else.

[Baroness Mobarik (Con)]

My Lords, I, too, add my name in support of the noble Lord’s amendment, which I believe will be helpful to both businesses and consumers. I am particularly pleased to note that the business community, through the Ethical Trading Initiative, has expressed its support. I echo what it said about the need for a level playing field. I am proud of what we have achieved on the Bill and I am committed to the journey that we have begun, so I very much hope that my noble friend will feel able to accept the amendment.

--- Later in debate ---

[The Earl of Sandwich]

My Lords, I have no problem with the amendment but have picked up a concern that, although it is in line with much that has been done already, it possibly raises the whole question of the GLA. A future Government might come in and say, “We have had this consultation and perhaps the GLA is not the right way forward”. I do not know whether the Minister has heard that comment before but it would be helpful if he could give some reassurance on the record that this could not be a consequence of the consultation and this amendment.

[Lord Rosser]

The comment that I wanted to make was in line with that made by the noble Earl, Lord Sandwich. I appreciate that the Minister can talk only about the intentions of this Government and not those of a future Government. The amendment refers to publishing,

“a paper on the role of the Gangmasters Licensing Authority”.

Will the Minister assure us that the Government are not looking to extend the role of the GLA into other new and very different areas such as crime control or anything to do with border security, but that they will consider whether to extend its existing remit and resources to enable it to continue to fulfil the very successful role that it plays in labour inspection, enforcement and standards? There must surely be a need to concentrate on its core functions and perhaps extend the area in which it carries them out given that it is highly successful at achieving those core functions which are crucial in the fight against modern slavery.

Modern Slavery Bill

Earl of Sandwich Excerpts

Wednesday 25th February 2015 Lords Chamber

[Baroness Mobarik (Con)]

My Lords, I rise in support of Amendment 98A of the noble Lord, Lord Alton. If the requirement for those companies in the category whereby they are obliged to prepare and submit a slavery and human trafficking statement for each financial year of the organisation is to be meaningful and effective, a central repository for statements makes infinite sense. The office of the Independent Anti-slavery Commissioner—the commissioner-designate, Kevin Hyland—is fully supportive of this proposal. A central repository for companies to be able to upload a human trafficking and slavery statement would be an effective way in which to assist with monitoring compliance and public accountability, and it is to be welcomed.

In order for leadership in companies to take this seriously, this amendment is important. It would require companies to include a fair summary of the statement and the web address of the full statement to be included within the directors’ report. This would not be unduly onerous for companies. The upside for companies is that such a duty would prove their due diligence and that it is a matter of real ethical concern to them. That makes for a more attractive proposition to investors and encourages a healthy competition to eradicate the blight of modern-day slavery, which can only be a good thing.

I hope that the Minister, my noble friend Lord Bates, who we all know has been working tirelessly on the Bill for many weeks, will be able to accept this amendment. It enjoys cross-party support as well as support from wider civil society and the commissioner-designate.

[The Earl of Sandwich (CB)]

My Lords, I know that the hour is late but I want to add a minute or two of support for my noble friend’s amendments. I, like many others, spoke of the evils of some supply chains and companies’ responsibilities, but on Report it is not necessary to go into case studies again, as we are now talking about minor amendments.

My noble friends are right: proper reporting is an essential element in the legislative response and should satisfy retailers and consumers at the same time. I am a firm believer in corporate social responsibility, although it is going out of fashion, and greater transparency. Generally, I have been impressed by the extent to which businesses have been ready to accept minimum requirements. Of course there is a balance to be struck, and these amendments respect that balance. Who could quarrel with the amendments of the noble Baroness, Lady Young? Companies will differ in their relationships with the supply chains, but Amendment 97A goes a little further than the Government’s amendment by requiring a statement while retaining some flexibility.

Amendment 98A, to which the right reverend Prelate just spoke confidently, simply requires the statement to be entered on the website. My noble and learned friend disagrees over whether the commissioner-designate is going to want to do all this for himself, but we must include a provision in the Bill that companies have to provide such a statement; we can work out later where the central website will be. The commissioner-designate has already indicated his agreement in principle, and I hope that the Minister will do so, too.

[Lord Rosser (Lab)]

I should like to speak in particular to Amendments 97A and 98A, but that certainly should not be taken as diminishing the importance of the other amendments in this group.

One value of transparency over the actions taken to tackle modern slavery in the supply chain is that it creates a level playing field. I suggest that government Amendment 97, welcome though it obviously is, would still leave it optional as to what companies put in their statement and thus not necessarily achieve the level playing field that is surely required. Ensuring a level playing field between businesses on what kind of information they must disclose will also allow for easier comparisons between businesses, even if they are in different industry sectors.

However, to achieve really effective comparisons, we need the terms of Amendment 98A. This would introduce a requirement to put slavery and human trafficking statements on to a central website maintained by the office of the Independent Anti-slavery Commissioner in order both to facilitate those effective comparisons across companies and sectors and to assist with the monitoring of compliance and public accountability.

The noble Lord, Lord Alton of Liverpool, said that the commissioner-designate is supportive of this, but the noble and learned Baroness, Lady Butler-Sloss, said he might have lost a degree of enthusiasm, because he might have to do it himself as opposed to somebody else doing it. I am afraid that I have not had a personal meeting with Mr Hyland, so I am unable to add a third version of what his views might be on this particular issue, but it seems as though he is supportive, even though there might be a difference of view as to who should be carrying it out. Without a central site for statements, holding organisations to account will be very difficult, if not impossible, to fulfil. It is surely clear that having that central site where those statements would be is actually quite crucial. That is really one of the things that Amendment 98A is seeking to address.

Amendment 98A would also help ensure boardroom responsibility for the eradication of slavery and human trafficking from corporate supply chains. It would also draw the slavery and human trafficking statement to the attention of mainstream investors who might otherwise not have been aware of it, and enable them to ask questions of the company, which is another form of accountability and another pressure point to take the appropriate action.

Once again, I hope that the Minister will feel able to give a helpful response. Perhaps he might feel able to reflect further before Third Reading on the points that have been made tonight from all around the House, particularly in relation to the two amendments to which I have specifically spoken. In the spirit in which the Minister has been operating up till now—which has, indeed, been highly successful—with the amendments that he has put forward and made, which have been much appreciated around the House, I hope that he might be able to agree to reflect further on this issue before Third Reading.