Refugees

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Wednesday 20th March 2019 Lords Chamber

[Baroness Williams of Trafford]

I certainly accept that the Government are doing everything they can to ensure that measures and interventions are put in place during the 28-day period to ensure that the person who has been granted asylum gets the help they need in a timely fashion and that they do not have a gap in which benefits are not paid. But I certainly think there are all sorts of situations, including this, where people can be brought into destitution inadvertently.

[Lord Alton of Liverpool (CB)]

My Lords, can I return the noble Baroness briefly to the question of the moving-on period and refer her to a letter that I wrote to her on 18 February? This detailed the experiences of the asylum and refugee community ARC Project Blackburn and the Lancashire Sanctuary Homes Project, giving details of the circumstances that newly recognised refugees have been unable to resolve during the 28-day period. These included things such as unscrupulous landlords and the condition of the accommodation they had been offered. Surely that gives more force to the argument advanced by other noble Lords in the House today that the period of grace should be longer than the current 28 days, perhaps by one month more.

[Baroness Williams of Trafford]

I did receive the noble Lord’s letter, and it is now with the Immigration Minister—that is not to fob it off on to the Immigration Minister, but the noble Lord will definitely get a response from the department. I do not accept the point about 56 days, but I accept that people should be given help, advice and the interventions that they need promptly so that they can get the support that they need.

Returning Jihadists: Treason Act

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Thursday 21st February 2019 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government whether they intend to update the Treason Act 1351 to prosecute returning jihadists.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, to prosecute terrorists for treason risks giving their actions a political status or glamour that they do not deserve, rather than treating them as merely criminals. The Government have just passed the Counter-Terrorism and Border Security Act, which updates terrorism offences and introduces new powers to reflect the threat we face today from foreign terrorist fighters. This will provide the police and the intelligence services with the powers they need to protect the public.

[Lord Alton of Liverpool (CB)]

My Lords, while no one would want to glamorise any of the crimes that we are talking about here, nevertheless does the Minister not agree that those who have justified the murder of other British citizens through, for instance, the bombing of the Manchester Arena in 2017 and people who have taken up arms or given succour to those who have targeted British forces and civilians have betrayed this country, its people, its values and its laws?

Given the conflicting conclusions of the Law Commission reviews of 1977 and 2010, is it not time to provide a solid legal basis rather than the 1351 Act for prosecuting hundreds of returning jihadists, perhaps in line with the conclusions of the Policy Exchange paper by Professor Richard Ekins of the University of Oxford and others, with a foreword by the noble and learned Lord, Lord Judge, which I have sent to the Minister? Would not this, and the creation of a regional tribunal to prosecute for crimes of genocide, demonstrate our unerring and passionate belief in the rule of law, and that those responsible for heinous crimes cannot expect to evade prosecution?

[Baroness Williams of Trafford]

I totally agree with the noble Lord that anyone committing atrocities such as the Manchester attack—I was in Manchester at that time—should not escape justice. I commend the Policy Exchange paper, and I think that the noble Lord would agree that the Home Secretary has said that he will review all the laws we have at hand. However, if the noble Lord looks at the recent counterterrorism Bill which has now become an Act, I am sure that he will agree that the new powers available in that Act might in the future prevent some of the terrible things that we have seen in recent months. On a regional tribunal, I am not sure how practicable that would be given the situation in some parts of the region.

Zimbabwe: Asylum Seekers

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Wednesday 13th February 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord has hit on something that the Government acknowledge—there are risks to certain people who oppose the ruling ZANU-PF Government. That does not extend to all people, but when determining an asylum claim, all things are taken into consideration and no one will be returned if it is not safe to return them.

[Lord Alton of Liverpool (CB)]

My Lords, can the Minister tell the House how many Zimbabweans there are in the United Kingdom who might be subjected to deportation? Given what has been said by the noble Lords, Lord Chidgey and Lord Kennedy, about the continuing arrests, abductions, torture and beatings—and the serious concerns expressed not just in the UK, but around the world—would it not be prudent in the meantime to suspend deportations until those issues have been more thoroughly considered?

Migrant Crossings: Naval Assets

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Wednesday 6th February 2019 Lords Chamber

[Baroness Williams of Trafford]

No, my Lords, we are not.

[Lord Alton of Liverpool (CB)]

My Lords, will the Minister reconsider the Written Answer she gave me last week about some of the Iranians who have fled their own country because of persecution, or even because they were facing execution for reasons such as religious belief or coming from particularly at-risk minorities? She said that it would be impossible to carry out a manual count of those who have come across the channel and look at the reasons why they have come, to identify whether they are economic migrants or genuine refugees fleeing persecution.

[Baroness Williams of Trafford]

When I wrote to the noble Lord saying that we could not do that, it was simply because the data was not available to disaggregate, but I will look at his Written Question again and see whether I can give him any further information.

Asia Bibi

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Tuesday 20th November 2018 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what response they have made to requests to assist in the (1) safe passage and resettlement of, and (2) granting of asylum to Asia Bibi and her family.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the release of Asia Bibi will be very welcome news to her family and to all those who have campaigned for her freedom. We welcome the ongoing assurances that the Government of Pakistan have given on keeping her and her family safe. As a matter of policy, and in accordance with our duty of confidentiality, the Government do not comment on individual cases. Departing from this policy may put individuals and their family members in danger.

[Lord Alton of Liverpool (CB)]

My Lords, I am grateful to the Minister for that reply. Is it not passing strange that while other Governments, 200 parliamentarians and the leader writers of national newspapers have all spoken powerfully and clearly calling for asylum to be granted to Asia Bibi, we take Trappist vows of silence? Recalling that Shahbaz Bhatti, who was the Minister for Minorities, and Salmaan Taseer, who was the Muslim governor of Punjab, were murdered for insisting on the innocence of Asia Bibi, does the Minister share my huge admiration for Pakistan’s Chief Justice Mian Saqib Nisar and Justice Asif Saeed Khan Khosa, both of whom I met recently in Islamabad, who courageously and with great integrity acquitted and exonerated Asia Bibi, who was wrongfully sentenced to death and incarcerated for nine years? Does not their refusal to be dictated to by lynch mobs while we fail to offer asylum because of what Tom Tugendhat, the chairman of the House of Commons Foreign Affairs Committee, says is a fear of reprisals, undermine our belief in justice, human rights, the rule of law and religious freedom, and endanger us falling foul of, and succumbing, to blackmail?

[Baroness Williams of Trafford]

I know the noble Lord will understand that I cannot comment on most of the points that he has made.

Asylum Applications

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Monday 15th October 2018 Lords Chamber

[Baroness Williams of Trafford]

I think I outlined the process to my noble friend, but the noble Baroness is right to point out that you can be LGBT and have a religion. The care with which asylum case decision-makers make their judgments is very important, as are the sensitivities around interviewing LGBT people and those who are persecuted for their faith.

[Lord Alton of Liverpool (CB)]

My Lords, having visited Pakistan earlier this month and seen first-hand the abject, festering conditions in which many of the country’s religious minorities live, and having heard accounts of abduction, rape, the forced marriage of a nine year-old, forced conversion, death sentences for so-called blasphemy—the Minister may have heard the interview on the “Today” programme on Saturday morning with a young woman whose mother has spent eight years on death row for so-called blasphemy with a death sentence hanging over her—and in one case, children being forced to watch as their parents were burned alive, I ask the Minister: how can the Home Office in all those circumstances continue to say that what is happening in Pakistan to religious believers and humanists is merely discrimination, not persecution?

[Baroness Williams of Trafford]

I do not think I or the House would disagree with the noble Lord in the examples that he cites, particularly those in Pakistan of certain religious groups being persecuted under blasphemy laws. Sadly, the laws in Pakistan are quite different from the laws here; unpalatable though we might find them, they are the laws there. Nevertheless, each application to our asylum system should be dealt with in terms of the persecution that people might face.

Civil Partnership Act 2004 (Amendment) (Sibling Couples) Bill [HL]

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

2nd reading (Hansard): House of Lords
Friday 20th July 2018 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, first, I thank my noble friend Lord Lexden for securing this Second Reading debate. I join with other noble Lords in commending him for all the work that he has done over the years in promoting equality in society. I have listened with care to my noble friend’s impassioned argument around the financial and inheritance difficulties faced by siblings who live together, and the ensuing debate has had a very similar theme. It is very obvious that it is a matter of incredible importance to my noble friend and noble Lords who have spoken, but it is also about financial matters, as all noble Lords have pointed out in different ways.

In answer to my noble friend Lord Hamilton about this being a Treasury matter and the savings to the Treasury that might ensue, my noble friend probably will not be surprised that I do not have the figures for the revenue savings that might ensue from siblings being able to enter into civil partnerships. I utterly take his point about it being a Treasury matter.

[Lord Alton of Liverpool]

I am grateful to the Minister for giving way and I shall try to keep it very brief. When she replies to the noble Lord, Lord Hamilton, will she provide the figures to the whole House by putting that information in the Library? Will she also add to it from the Treasury what the deferred costs would be by putting off the inheritance duties that will come into the Treasury in due course? Will that calculation also be included in those figures, so we can see the whole picture when we come to consider this in Committee?

[Baroness Williams of Trafford]

I can certainly request them—and, if we have them, of course I will provide them. If we have figures on deferred costs, of course I shall provide them to the noble Lord, Lord Alton, and others.

Civil partnerships were introduced in 2004 to allow same-sex couples to formalise their relationships at a time when same-sex marriage was not available to them. This enabled same-sex couples to have their intimate couple relationship—as the noble Lord, Lord Collins, so articulately pointed out—recognised by society and the law, with the various benefits and responsibilities that that entails. Since then, the Government are proud to have introduced same-sex marriage, creating equality of opportunity between same and opposite-sex intimate couples in accessing marriage.

My noble friend’s Bill seeks to amend the Civil Partnership Act 2004, by altering the definition of who may enter a civil partnership, and thus the nature of civil partnerships themselves. This Bill would make it possible for qualified pairs of siblings to enter a civil partnership with one another—and, as the noble Baroness, Lady Barker, pointed out, what happens about any other subsequent children in that family or home? It would also give them exemption from the clauses within the existing Civil Partnership Act, which explicitly bar them from being able to enter a civil partnership, notably the forbidden degree of relationship criteria, and whether they are the same or opposite sex to one another.

This morning we have heard a number of poignant stories, mainly around financial or inheritance tax problems, and those involved certainly deserve our sympathy. However, I must make it clear from the outset that the Government have significant reservations about this Bill. My noble friend talked at length about the financial hardships facing siblings who live together upon one of their deaths, and I utterly sympathise with those affected. However, these have all been matters relating to finance and, in some circumstances, to inheritance tax. By attempting to extend civil partnerships to sibling couples, this Bill seeks the wrong remedy to the issue at hand. Quite simply, this Bill is not the appropriate vehicle for addressing the grievances expressed this morning.

At this juncture, I apologise to noble Lords who have mentioned the correspondence from Catherine Utley. There was a bit of uncertainty about which department should reply but, after my noble friend alerted my office to Catherine Utley’s letter, we have tracked it down, I have a copy of it here, and we will respond to it as soon as possible after the debate. I apologise for the unanswered correspondence.

Most noble Lords have referred this morning to inheritance tax. My noble friend Lord Lexden asked about amending laws on inheritance tax. As we know, the tax gives a number of advantages to married couples and civil partners over and above cohabiting couples or others, because it reflects the unique legal commitment that married couples and civil partners enter into. There are no plans to change the inheritance tax rules in this regard. Any extension of the treatment for married couples or civil partners would be a matter for the Treasury. Currently, I can give some figures. Less than 4%—so that is a very small percentage of estates—have an inheritance tax liability. That is because inheritance tax is payable only on an estate that exceeds the level of the nil rate band, which is currently £325,000. Of course, the residence nil rate band, if that is also appropriate, is £125,000. That can be claimed against the value only of an individual’s home, and only when that value is transferred to their direct descendants. The threshold for inheritance tax is £325,000; a 40% tax rate applies to property after this, but it does not apply to spouses or civil partners. In the current 2018-19 tax year everyone is allowed to leave an estate valued at up to £325,000 plus the new main residence band of £125,000, giving a total allowance of £450,000. So a person’s inheritance tax allowance rises by the proportion of their deceased spouse or civil partner’s allowance that is unused, meaning that a surviving spouse or civil partner can currently move up to £900,000 tax free. That is probably at the heart of what we are talking about today. I hope that that explains the inheritance tax provision at this point in time.

To go back to civil partnerships, they are far more than a legal contract for providing financial and other benefits to two people. They are a significant instrument, allowing same-sex couples to have their intimate partner relationship recognised by society and the law. This is especially pertinent as they were introduced at a time when marriage was not yet available to same-sex couples, a situation which we have now rectified.

I briefly acknowledge, as noble Lords have mentioned it, the recent judgment in the Supreme Court, which ruled that the fact that opposite-sex couples are unable to form a civil partnership, whereas same-sex couples can choose to enter either a civil partnership or a marriage, is incompatible with the European Convention on Human Rights. The Government are of course fully aware of this judgment and are giving it careful consideration to make the right decision about the future of civil partnerships. However, that is a very different issue to that of extending civil partnerships to sibling couples. The Supreme Court’s ruling relates to same and opposite-sex intimate partner relationships, which is a different type of relationship to that of siblings or other familial relationships, however stable and committed, as the noble Baroness, Lady Barker, and the noble Lord, Lord Collins, pointed out. It is clear that an exclusive, intimate and loving relationship between two people holds a unique and special place in society. Marriage and civil partnership were created for such exclusive, intimate, loving relationships.

My noble friend Lord Lexden, the noble Lord, Lord Alton, and the noble Baroness, Lady Deech, referred to the case of Sybil and Joyce Burden, two sisters who took a case to the European Court of Human Rights in 2008 to seek the right to enter a civil partnership with one another. The court ruled against the claimants, arguing that there was a clear distinction between intimate couple relationships and sibling and other types of familial relationships. The official report of the court stated that,

“the relationship between siblings was of a different nature to that between married couples and homosexual civil partners under the United Kingdom’s Civil Partnership Act. One of the defining characteristics of a marriage or Civil Partnership … union was that it was forbidden to close family members. The fact that the applicants had chosen to live together all their adult lives did not alter that essential difference between the two types of relationship”.

The Bill seeks to redefine the very nature of what a civil partnership is and who is, or is not, eligible to enter one. As the noble Baroness, Lady Barker, pointed out, it also raises the question of why, were it to be extended beyond the intimate couple relationship, it should be extended only to siblings and not to other long-standing relationships such as disabled parent and caring son or daughter, or even to more than two people. The noble Baroness also touched upon the difficulties of dissolution and the tricky problems of coercion that are sometimes found in families.

I have listened with care to the views of noble Lords this morning, and while I recognise the difficulties faced by the individuals which have been raised, I remain unconvinced that this Bill’s approach to altering civil partnership is the solution. The Government recognise and support committed, intimate partners who seek to have their relationship formalised legally and in the eyes of society.

Yarl’s Wood: Hunger Strike

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Tuesday 27th February 2018 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord is right about victims of sexual abuse being deemed vulnerable adults. Stephen Shaw made recommendations about the treatment of vulnerable adults in detention. As the noble Lord will know, we are working with NGOs on the definition of torture, because the courts challenged us on it, but we are alive to some of the vulnerable people who might be in detention for a number of reasons, including sexual abuse.

[Lord Alton of Liverpool (CB)]

My Lords, after my noble friend Lord Hylton and I visited Yarl’s Wood, we reported back to your Lordships’ House that we had seen significant progress and improvements there. Does the noble Baroness not agree that there is a danger that that could be jeopardised for the reasons that the noble Lord, Lord Paddick, describes? There are some 400 people there now, some feeling a sense of real desperation. The shadow of fear hangs over them, such as the woman who came here as an 11 year-old girl and is now 35 years of age. After living in this country for 24 years, she has been taken to Yarl’s Wood. Does the noble Baroness not agree that it is worth looking at specific cases, such as of those now on hunger strike? Can she tell the House any more about the health and well-being of those currently on hunger strike and whether they have proper access to legal aid and representation?

[Baroness Williams of Trafford]

The noble Lord is right that individual cases should always be treated sensitively. If the noble Lord could outline an individual case for me, I will certainly take it back. The last thing we want for people in detention is for them to be refusing food and fluid. Legal representation is available to people. There are specific rules on how we should treat sensitively those with mental health problems, vulnerable adults and traumatised people in detention.

Refugees: Teaching of English

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Tuesday 6th February 2018 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government whether they intend to provide additional resources to programmes for the teaching of English to refugees.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government recognise the importance of the English language for refugee integration. The Government have provided additional funding of £10 million under the vulnerable persons relocation scheme for more English classes, childcare facilities and local co-ordination of English language provision. English language tuition is also available for refugees under the arrangements for adult learners.

[Lord Alton of Liverpool (CB)]

My Lords, I am grateful to the Minister for that Answer and for the very helpful meeting she had with me to discuss this. Since that meeting, has she had the chance to reflect on the 60% reduction in ESOL funding since 2010, the desirability of extending the guaranteed eight hours a week of teaching to all refugees, and the role that voluntary projects can play alongside statutory provisions? Is it not the case that language is the most important precondition for full participation in British society, and that if refugees are unable to speak English, it compromises their ability to integrate, with negative social, employment and security implications?

[Baroness Williams of Trafford]

I totally agree with the noble Lord about English language skills being the key to employment, integration and contributing to wider society in general. As I said, we have made more than £10 million available over five years, and local authorities are required to arrange a minimum of eight hours’ formal tuition a week within a month of arrival and for a period of 12 months, or until the individual reaches ESOL entry level 3.

Mohammed Mirzo

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Thursday 19th October 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend quite skilfully completely departs from the Question, but the word “Syrian” is in the Question, so I admire him for his efforts. What would happen would depend on the case. People who have been to Syria to fight are dealt with using the full force of the law if and when they return, and many do not return.

[Lord Alton of Liverpool (CB)]

My Lords, returning to the point that the noble Lord, Lord Roberts, raised about family reunion and human rights, has the noble Baroness had a chance to read the letter I sent three days ago to her and the right honourable Brandon Lewis MP, the Immigration Minister? It concerns evidence given in your Lordships’ House only last week by a woman from Aleppo, who described how her 10 year-old niece had been forced to watch an execution, how three of her brothers had been taken by ISIS and subjected to torture, and one they tried forcibly to convert. This Armenian Syrian family had been seeking family reunion with others already successfully relocated to the United Kingdom. In cases such as this, what premium do we place on the position of minorities who come from particularly endangered backgrounds, who are rarely able to enter United Nations refugee camps because the very people who oppressed them are now running some of those same camps? What emphasis are we placing on helping families in that situation?

[Baroness Williams of Trafford]

I think I have received the noble Lord’s letter, and he raises very complex and distressing circumstances. People in their country of origin would obviously be able to claim asylum here or resettlement. I will not go into the details of that case, as I would not with the noble Lord, Lord Roberts, but certainly we are very mindful of those special cases.

Children: Refugees

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Wednesday 13th September 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, when we leave the EU the Dublin convention will need to be reassessed under our own laws. Noble Lords will appreciate that this country has been a welcoming and safe haven for refugees and asylum seekers over the years—I have just given the staggering figure of more than 42,000 children since 2010—and we will continue to meet our commitment to those who need our help.

[Lord Alton of Liverpool (CB)]

My Lords, does the Minister accept that there has been a major problem in Europe with unaccompanied children going missing, a subject about which I have written to her on numerous occasions? Does she also accept that, in the context of Dublin III and whatever may come next, we should at least look at the right of unaccompanied children to go to the nearest embassy or consulate in order to register their interest in reunification, rather than having to travel miles from anywhere in order to go through that process?

[Baroness Williams of Trafford]

I agree with the noble Lord that we remain concerned about unaccompanied children across Europe. It is pleasing that in recent months, through our assistance, as well as financial assistance from across the EU, the EU relocation scheme has been far more firmly established. We will continue to work with our EU partners on the plight of children.

Child Refugees

Debate between Lord Alton of Liverpool and Baroness Williams of Trafford

Thursday 29th June 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the figure that we set before the election was based on the capacity of local authorities to accommodate those children through Section 67. As the noble Lord knows, and I have apologised for this, there was an administrative error and that number is now 480. I do apologise. It was not so much a cap as the ability of local authorities to accommodate these children. I have said before at this Dispatch Box that our doors are always open for local authorities to come to us and say that they can accommodate more children.

[Lord Alton of Liverpool (CB)]

My Lords, when the Minister comes to look again at the Dublin regulations with a view to replacing them, will she look to see if there are ways of setting aside the regulations that require unaccompanied children to travel very long distances from places such as Greece so that they can be reunited with their families? Given the evidence that I sent her previously from Europol about the 10,000 unaccompanied children who went missing on the continent and the more than 360, according to the Independent, who have gone missing in the United Kingdom, can the Minister tell us what has been the fate and what is her speculation about the fate of those unaccompanied minors?

[Baroness Williams of Trafford]

The noble Lord asked first about Dublin III and what those regulations might look like in the future. We will always co-operate with our European partners in terms of taking unaccompanied children and asylum seekers into this country. It is important to note—the noble Lord alluded to this—that some of these children have to travel many miles. The work that we do in the regions is in many ways more beneficial to these children. There is a huge economy of scale both in financial terms and in the welfare of these children—as well as adults—for them to be helped in the region.

The noble Lord has brought up the issue of missing children before. Of course we work with Europol. When a child is in a European country, that child or adult is the responsibility of that country and we cannot intervene in countries without abiding by the laws and processes of those countries.