Immigration Bill

Debate between Earl of Sandwich and Baroness Howe of Idlicote

Monday 7th April 2014 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, I support the amendment. Those who have listened to my noble and learned friend Lady Butler-Sloss and particularly to the noble Lord, Lord McColl, who has such a history on the background to this issue, will have been strongly persuaded that now is the time to act. We have just heard from the noble Lord, Lord Cormack, that plenty of able people could be recruited into this area. What is particularly important is that these guardians should be the sort of people who can gain the confidence of a young trafficked person soon enough to be able to intervene and see that whatever devils have been identified are in fact dispelled. The reality of the child’s situation should be appreciated and a way found for them to lead a normal life in the future, however horrendous their treatment has been. All of us will have been utterly appalled by what we have heard of that treatment. I shall not take more time because I hope there will be a vote, the sooner the better, to put this to the test. I merely emphasise how strongly I support the amendment.

[The Earl of Sandwich (CB)]

My Lords, on a final historical note, the noble Lord, Lord Cormack, probably remembers the late Lord Wilberforce sitting on these Benches. How horrified he would be to hear the statistic of the noble Lord, Lord McColl, that there is a greater number of slaves here today than in William Wilberforce’s time. I have followed this issue as a council member of Anti-Slavery International for nine years. I pay tribute to its staff for what they have done behind the scenes to educate the public and the Government.

I am impressed by the distance that the Government have travelled on this road already, not only on the conventions but in the detail that we are looking at today. It is as a result of non-governmental pressure. But there is more to be done today, so I strongly support the amendment although I anticipate that it will not be easy for the Government to accept. The Minister should accept it because of the feeling across the House this afternoon which was inspired by the moving descriptions of my noble friend and others. He should accept it because it is humane, and because it is a belt-and-braces protection for the trafficked child who will not have adequate protection from the social services or from CAFCASS despite what my noble friend has said: they are not in the position yet to cope with this. He may not want to accept it because of the constraints of his ministerial responsibility and the departmental budget, which has many calls upon it.

We are grateful for the offer of a trial for personal advocates. However, it does not go far enough because, as he has already heard, the Children’s Consortium and many others argue that there is no proper protection under the Children Act for trafficked children without a legal guardian. That argument must be correct. Perhaps the Minister will take up the invitation of the noble Lord, Lord Cormack, to make a small promise and bring something out of a hat, maybe in the draft Modern Slavery Bill or a promise for Third Reading. I look forward to that event.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Earl of Sandwich and Baroness Howe of Idlicote

Wednesday 18th January 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, my name is attached to Amendments 60 and 61 which were spoken to by my noble friend Lord Ramsbotham. Having listened to the contributions that have been made, it is clear that the whole area needs rewriting. The noble Lord, Lord Phillips, queried the various phrases that are used. Not to hold public bodies to account when they have behaved unlawfully is something which a country that prides itself on decent behaviour should not allow.

[The Earl of Sandwich]

My Lords, I am not sure whether this is the appropriate amendment, but having had some experience of immigration and immigration detention I just wanted to make one point. I know that we are coming on to issues related to that. I declare an interest as a patron of visitors to Haslar detention centre in Portsmouth.

Like others, I understand that the protection of liberty is one of the primary factors in the allocation of legal aid. Yet the advice I have received is that this Bill will fall heavily on the most vulnerable people in our society—asylum seekers and those in detention who are awaiting removal to their home country. In many cases, it will mean that a vulnerable person, perhaps a victim of torture and perhaps as young as 16, will be unable to present their case without access to any formal representation and whose legitimate cries for help under international asylum law will simply be unheard. Applications for bail will be refused even more often than they are today simply because of the lack of legal aid and proper representation, if I have understood the situation right.

I well understand that the Minister has to defend the Government’s position in difficult times but I would like some reassurance that the test of vulnerability under this legislation will be reasonable. Perhaps he could explain how it will conform with international human rights law.