Abu Qatada

Lord Anderson of Swansea Excerpts
Monday 30th April 2012

(12 years, 6 months ago)

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Lord Henley Portrait Lord Henley
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My Lords, my noble friend is a lawyer and therefore will know that we can never give an absolutely cast-iron guarantee about what the courts or lawyers might or might not do, but I can say to him that the agreement reached at the Brighton conference represents a substantial package of reforms and marks a significant step towards realising the goals that the Prime Minister set out at Strasbourg.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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Will the noble Lord give the best guesstimate he can of how much, over the past decade and under both Governments, the British taxpayer has had to pay to keep this man and his family in this country by way of social security payments and legal aid? When will this end?

Lord Henley Portrait Lord Henley
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My Lords, I cannot give that figure to the noble Lord, much as I would like to because I think it is one that the public ought to know. If I can make some sort of guesstimate, working with my own department, the Ministry of Justice and the Department for Work and Pensions, I will certainly do so. However, I can give him an assurance that my understanding is that he is not to have his costs paid in the current matter of the referral to the European Court of Human Rights.

Universities: European Languages

Lord Anderson of Swansea Excerpts
Tuesday 6th March 2012

(12 years, 8 months ago)

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Baroness Verma Portrait Baroness Verma
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My Lords, the noble Baroness has greater expertise in this area than I do, but I reassure her that the ERASMUS fee waiver programme will continue until 2014 and Ministers are considering the report by Professor Riordan on how we are going to fund after 2014. However, students will continue to enjoy the ERASMUS fee waiver for studying outside Great Britain in European countries. For study abroad in non-European countries, students get a percentage of fee waivers from their higher education institutions, and that is often up to the higher education institutions themselves. They recognise the value of it and therefore are more inclined to work with students to see what they can do to ensure that those students are able to take the benefit of that one year abroad.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, the Minister will be aware that last year, of the 306 graduate entrants into European Union institutions, only seven were from the UK. Does she agree that this must be due in part to the decline in language teaching? Does she further agree that it cannot be in our national interest that there is such a decline and that the future influence of this country in European Union institutions is likely to decline as a result of this?

Baroness Verma Portrait Baroness Verma
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That is why the Government have prioritised language courses at university and in schools. The noble Lord will be aware that we have placed this, with HEFCE funding, under the vulnerable subjects in order that it will get the full grant. My right honourable friend Michael Gove has taken the issue very seriously. He has made sure that language teaching is part of the English baccalaureate and that young children are exposed to the joy of learning a language. As those of us with business backgrounds know, the importance of trading globally will be on the basis that we have the experience and knowledge of languages.

Protection of Freedoms Bill

Lord Anderson of Swansea Excerpts
Wednesday 15th February 2012

(12 years, 9 months ago)

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Lord Elystan-Morgan Portrait Lord Elystan-Morgan
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My Lords, I greatly applaud and welcome this amendment in the name of the noble Lord, Lord McColl, and its other signatories. I also appreciate very much the humanity and sensitivity shown by the Minister. The noble Lord, Lord Henley, if I may say so, has added to the very great respect and admiration that the House already has for him. The problem is one which is a stain upon the honour of this community. These trafficked children are the most vulnerable imaginable, while their state is the most pitiable imaginable—and yet our system fails them. Morally, our responsibility is immense and could not be greater. Legally, the responsibility has already been spelt out. As many of us know, in Part III of the Children Act 1989 there is Section 17, which requires a local authority to be responsible for a child in need, and Section 20, which requires it to accommodate a child who needs accommodation.

If I may turn to the Welsh language for a moment, there is a saying: “Dyw mater pawb yn gyfrifoldeb neb”—the business of everybody is nobody’s special responsibility—and that is the whole issue here. Somehow or other local authorities, which I know have responded well within the realities of the difficulties which they have, find it difficult to do exactly what they should in relation to these children, with the result that a very substantial proportion escape the protection which they so gravely need. In those circumstances, I believe that the amendment is excellent. It concentrates the mind, as Dr Johnson might have said. It places a focus of responsibility which is not already there in Part III of that Children Act.

It may be that the amendment is not perfect. That does not really matter, as its thrust is obvious and honourable. I had the very great privilege 43 years ago, if your Lordships can believe it, of taking the Children and Young Persons Bill through another place. I remember being thrilled then by one of the expressions in that legislation, about the responsibility of a local authority towards a child who was in its care to befriend. We have heard that expression already, but I do not think that it appears in fact in the amendment. However, I am sure that it could be incorporated in legislation in this context. I therefore feel that we are doing something which is essentially moral and good. We are supplementing a lacuna which exists not so much in the law as in the way in which local authorities have reacted to their duties in this case. It is very much to the credit of this community that it shows that sensitivity in relation to what is a very worthy cause.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, I am very aware that those who push against an open door are liable to fall on their face. I suppose the trouble here is that we do not know how open the door is, given the assurance that the Minister made. However, having regard to the way he responded so humanely to the Second Reading of the Bill brought by the noble Lord, Lord McColl, on 25 November and the amendments that the Government have subsequently made, we can be confident that he will be doing his very best concerning this evil practice and to ensure that the real needs of this vulnerable section will be adequately met. We give two cheers at the moment—we hope that there will be three cheers—but I suppose that there is a problem in how the report of the Children's Commissioner will be put into legislation, given that it will presumably be received well after this Parliament has ended. Perhaps the Minister could comment on that point.

I also congratulate the noble Lord, Lord McColl, who, as has already been said by my noble friend Lord Judd, has shown his own compassion in West Africa by his presidency of Mercy Ships. He has indeed shown himself to be committed and flexible; for example, he has listened to concerns about the former subsection (1)(c), which in my judgment could certainly have been misused for illegal immigration. The key point in subsection (1) is that the main consideration is the welfare of the child. There is no doubt about the nature of the problem. They are bewildered, vulnerable children. The Children's Commissioner's report of last month, Landing in Dover, shows some of the failings of the current system. I am sure the Minister concedes that that system is far from adequate. We need to confront it. The noble Lord, Lord McColl, has put forward a proposal that might help the Minister in terms of public funds. It may be that local social services departments can provide adequate help but, if not, the voluntary spirit will be available, as the noble Lord, Lord Wei, said.

Clearly, there are concerns about the potential volunteers. Is the problem manageable? I submit that it is, given the relatively small number of children who are trafficked. Equally, there must be some concerns about the adequacy of the training. I do not wholly accept the precedent of magistrates. Yes, magistrates are amateur, but they have training and the legal clerk is always there to advise them on the law. The volunteers, it is said, are available and there is a great spirit on the part of non-governmental organisations to be ready to help. I hope that the training will indeed be adequate. Of course many social workers do not in any event have specialist training in this field.

That said, we travel in hope. I believe that the Government and indeed the noble Lord, Lord McColl, whom I congratulate again, have set out proper criteria based on the UNICEF guidance. I believe also that Greco —the Council of Europe organisation which is going to mark the Government in terms of their adherence to the obligations under the Council of Europe convention—is more likely to give a very positive report when it comes to comment on the Government's conduct in May or June of this year.

Lord Puttnam Portrait Lord Puttnam
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My Lords, I will not delay the House for more than a moment. This is the first opportunity that I have had to speak during the passage of the Bill, and I want to add a factual point that may be of use in supporting the amendment of the noble Lord, Lord McColl.

I had the honour of succeeding the noble Baroness, Lady Howe, as president of UNICEF. In that capacity I spent seven years travelling to all parts of the world, looking at the issue of child trafficking, and was forced to witness things that would have beggared the imagination of Charles Dickens. One important point kept coming back: when I was moved at times to begin to lecture areas of the world where the situation was particularly bad, they always responded, quite correctly, by saying, “Look at your own situation”. The situation in the UK is actually very poor, and it ill behoves us to tell the rest of the world what it should be doing about child trafficking until we can be sure that our own record is as close to immaculate as legislation can make it. I was frequently extremely embarrassed by being lectured back about the UK’s record on child trafficking in places where I had thought that we had the moral high ground. We lost the moral high ground a number of years ago.

I harangued my own Government any number of times on this issue and eventually we got a signature to the UN convention, but the situation needs improvement, and quickly. We have very little to be proud of, and I was hoping that the amendment of the noble Lord, Lord McColl, would go a long way towards allowing us to begin to tell the rest of the world how to put their house in order.

Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

Lord Anderson of Swansea Excerpts
Thursday 15th December 2011

(12 years, 11 months ago)

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Baroness Verma Portrait Baroness Verma
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Let us hear from the noble Lord, Lord Anderson.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, this has been a remarkable debate. I only wish that there had been a similar debate in the other place, but there was not. We have heard two former Lord Chancellors taking different views, and two members of the Bishop’s Bench taking opposite views, in the same debate. The remarkable fact is that there has also been substantial common ground in almost all the speeches that have been made. First, this is clearly a highly sensitive issue involving deep matters of principle. Secondly, churches that do not wish to register civil partnerships should not be obliged to do so, but conversely churches that do wish to do so should be allowed to do so. The Government have made a serious attempt in these regulations to put these matters into law. Today’s decision clearly depends on a judgment as to whether, after the proper consultation by the Government, they have succeeded in that aim.

I shall briefly give my own explanation of this. It is clear that, because of the exemption to the Roman Catholic Church, the Church of England and the church in Wales, they have been largely satisfied that the safeguards are sufficient for them. It is also clear that there have been learned and weighty opinions on both sides of the argument. Professor Hill has been mentioned, as have Mr O’Neill and Mr Goulding. The advice of the noble Lord, Lord Henley, in his letter of 13 December, states that the lawyers appear to contradict one another.

For me the question is this: is there a doubt that the regulations have properly put into effect the views of the Government? If there is a doubt, is it a fanciful doubt or is it a serious doubt? Is there at the very least an arguable case that the Government have failed to provide adequate safeguards? The lawyers’ different views and the views expressed today suggest that there is a real, not a fanciful, doubt and the churches should not have to defend themselves against possible well resourced litigants.

I note the undertaking given by the Minister in his letter, which I have cited, that if, contrary to his view, there were to be a successful legal challenge, if one were to be brought, there would be an immediate review by government. That is welcome as far it goes, and I hope that in replying the Minister will put in his speech similar, or perhaps even stronger, undertakings. No Government can bind their successors and it is surely far better for the Government to end any possible doubt by taking these regulations back and by showing that there are amendments that close a possible loophole, thus preventing a serious legal challenge being made to them. The noble and learned Lord, Lord Mackay, has suggested one way in which this should be done. Mr O’Neill has suggested another way. That is the reasonable response which the House should make today.

Immigration

Lord Anderson of Swansea Excerpts
Wednesday 7th December 2011

(12 years, 11 months ago)

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Lord Henley Portrait Lord Henley
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My Lords, we are trying to reduce the net migration figures—that is, the difference between immigration and emigration. I stress that we believe that immigration enriches the country and we owe a lot to all those who have come and who will come to this country. However, there must be limits, and it must be sustainable. We have seen a smallish drop in net migration, but it is not as small as it should be. That is partly because emigration seems to have gone down very dramatically. There could be a number of reasons for this; I cannot speculate on that. I suspect it is not for the reason that the noble Lord, Lord Tomlinson, is trying to give from a sedentary position. Emigration has probably come down because there is no longer a Labour Government in power and people want to stay in this country.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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Will the noble Lord confirm that many of those hard-pressed services, including our health service, are in fact provided by immigrants? Will he also say how robust are the efforts to ensure that marriages apparently properly entered into subsist at the end of the relevant period?

Lord Henley Portrait Lord Henley
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My Lords, the noble Lord, Lord Anderson, is right to point out that we owe a lot to immigrants, particularly in those so-called hard-pressed services. However, there are a great many employed people in this country. As he will remember, a previous Prime Minister, Mr Gordon Brown, made a point of wanting British jobs for British people. Those jobs could be done by people here if they were able to take them up. Regarding the noble Lord’s substantive point about the genuineness of marriage, that is something we want to address and are addressing.

Human Trafficking (Further Provisions and Support for Victims) Bill [HL]

Lord Anderson of Swansea Excerpts
Friday 25th November 2011

(12 years, 12 months ago)

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Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, as the noble Lord, Lord Sheikh, has properly said, this is a vital Bill affecting a large number of vulnerable people exploited by evil gangs. I therefore think it quite wrong that the government business managers attempted to muzzle the noble Lord, Lord McColl, and to restrict him to six minutes, and to encourage the rest of us to finish all we have to say within what is now about 50 minutes.

I shall make two preliminary points. First, like the sad individual stories which the noble Lord, Lord McColl—I am tempted to call him “my noble friend” for all sorts of good reasons—has given, I was most moved by an episode of “From Our Own Correspondent” relating to a woman from Moldova looking forward to going to work in a cafe in Italy. The correspondent describes her wearing her best dress and, carrying her small number of belongings, waving goodbye to him. He felt quite sure that she was probably on her way, unwittingly, to a brothel.

This is not an evil restricted to London. I shall give one or two thoughts on the Welsh connection. I am delighted that the National Assembly has an all-party committee and that we in Wales have established a national co-ordinator, a former senior police officer, who, a few months ago, pointed out that the looser controls at our ports may well lead to an increase in trafficking by these evil individuals and organisations.

My chief interest is that I am a member of the Parliamentary Assembly of the Council of Europe and, as noble Lords are aware, the Council of Europe introduced a treaty on action against trafficking in human beings which came into force in February 2008. The UK ratified the convention in December of that year, and it has been in force in our country since April 2009. Our compliance with the convention is now monitored by the Council of Europe group of experts on the convention—known as GRETA—which visited this country at the end of October to evaluate the implementation of the convention, so this issue is not far from the Government’s mind.

I congratulate the Government on the coalition agreement on tackling human trafficking as a priority, but I have concerns about the lack of effort to make us compliant with the demands of the Council of Europe convention, and I suspect that those concerns are shared by GRETA. They are twofold; first, the Government seem to have taken action only at the level of policy, not at the level of legislation, which raises real concerns about long-term enforceability within our legal system; and secondly, the Government seem to relate to the subject of trafficking as if it were an immigration problem when the Council of Europe’s convention against trafficking is in fact a human rights convention. Anyone reading the recently published government anti-trafficking strategy could be forgiven for thinking that we are not a signatory to the Council of Europe convention because of the overwhelming focus on immigration and lack of recognition of and focus on the human rights dimension, which is covered strongly in this welcome Bill.

In this context, of course I welcome the Bill because it provides the most concrete device to appear since we became a convention signatory for giving our new commitments effect within UK law. The Bill is, I am sure, precisely the kind of innovation which GRETA would approve and without which I suspect we are unlikely to get high marks when GRETA’s report is published in June.

For time reasons, I shall not go through the individual clauses of the Bill and their relation to the convention, save to mention that Article 12 of the convention requires the Government to provide assistance to victims of trafficking. However, as the noble Lord described, the situation on the ground suggests that service provision is far from ideal and Clause 7 addresses those issues.

Article 10 of the convention states that as soon as an unaccompanied child is identified, that child must be provided with representation,

“by a legal guardian, organisation or authority which shall act in the best interests of that child”;

However, in the UK we still have no system of guardianship as have other developed countries in the European Union. The noble Lord mentioned the sad figures of children who have escaped or been taken from local authority control, which is covered in Clause 9.

Finally, Article 29 of the convention requires states to consider appointing a national rapporteur. The UK Government have not taken serious action on this point thus far, which is covered in Clause 12. There are aspects of the convention not in the Bill, including Article 15, which deals with using assets seized from traffickers to fund assistance for the victims of trafficking. I hope that the Government will look at that.

The Government have done some good things. I particularly welcome the fact that expenditure has continued at the same level. However, we cannot take the convention seriously just through policy commitments. There is a need for some change within domestic legislation to give proper, enforceable, accountable expression to key convention commitments. This is the end purpose of the Bill, which I find timely and I wholly welcome. I congratulate the noble Lord on the Bill.

St Paul’s Cathedral

Lord Anderson of Swansea Excerpts
Wednesday 26th October 2011

(13 years ago)

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Lord Henley Portrait Lord Henley
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My Lords, the two issues are slightly different because the ownership of the land involved in Parliament Square and at St Paul’s is different: at Parliament Square the land belongs to the local authority whereas at St Paul’s it belongs to the church and the City of London. We have taken measures to deal with the Parliament Square problem, which were covered in the Police Reform and Social Responsibility Act 2011, and I hope that we will be able to deal with that problem shortly. As regards dealing with demonstrations of this sort on private land, I note what my noble friend says about the need to look at changes in the law. Certainly, if problems like this persist, and if we have problems like this that are likely to disrupt the Olympics or whatever, it is certainly something the Government will have to look at in due course.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, should not the protestors be told clearly that they have made their point and that the longer they stay the more they will possibly alienate public opinion, losing potential supporters in the process? They would be far better to leave in a dignified manner, having made their point clearly.

Lord Henley Portrait Lord Henley
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I agree totally with the noble Lord. The right reverend Prelate has made that point; the Government have made that point; others will make that point. I think it is time for them to pack up their tents and go, but we have no power to get them to go while they are on private land.

Police Reform and Social Responsibility Bill

Lord Anderson of Swansea Excerpts
Thursday 16th June 2011

(13 years, 5 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I will say two things before I answer the particular points. First, we will come back to Parliament Square on Report. The noble Lord, Lord Blencathra, was unable to be here today and asked to withdraw his amendments and bring them back on Report. I very much hope that we will take further the whole issue of what we should do about the environs of Parliament. I say to the noble Lord, Lord Campbell-Savours, that I have been thinking about when I first became conscious of how special this area is. It was when I was standing on top of the Henry VII chapel at the 1951 State Opening of Parliament. I was fascinated by the speed with which the Westminster City Council rubbish collectors picked up the horse manure as the Horse Guards rode past. My views on what is important have changed a little since then. The following year I sang in Westminster Hall at the lying in state of King George VI, and I have been involved in this area ever since. On Saturday night I will take part in a singing tour of the abbey, so I am probably among those who care most about the integrity of the area.

Secondly, in answer to my noble friend Lady Hamwee, I have the answer from the Box on Clause 142(2). If the provisions come into force on 1 May, for example, directions can be issued from 1 May onwards in relation to activity being engaged in from then, but they cannot include any activity that took place before then: there is no question of retrospectivity. Clause 142(2) ensures that ongoing encampments can be subject to directions once the provisions are commenced. I hope that that answers the point.

I turn to the points made by my noble friend Lady Miller. The Government note that the issues raised are similar to those raised by the Joint Committee on Human Rights. The issue is the appropriate maximum level of fine and whether it is commensurate with the potential damage and harms caused by the prohibited activities. Under the provisions, an individual commits an offence only when they fail to comply with a prior direction that provides an opportunity for them to desist from an activity before committing an offence. While the level of fine is higher than for some other comparable offences, this is balanced by the opportunity to desist from an activity before any criminal liability is attached. Level 5 is the absolute maximum penalty for this offence, and the courts have discretion in setting the level of fine in any case. The Government therefore consider that this maximum level of fine could be a proportionate response to an evidenced problem of serious and wilful disregard of local by-laws.

My noble friend also raised the question of how one measures the strength of protest. Again, we have to balance the strength of protest that a very small number of people wish to assist in against access for a very large number of protestors. I suspect that my noble friend was, as I was, on the demonstration against the Iraq war. We spent a very long time marching—actually, shuffling because there were so many people there—along the Embankment, through Parliament Square and down Whitehall. I never got to Hyde Park. There were 2 million of us. If there had been a small number of people encamped in our path, we would not have been able to get even as far as we did. One has to think about the right to protest in a balanced way. Strength of protest there was expressed by the number of people, not by the fact that any of us wanted to stay overnight and camp for the next six weeks in Hyde Park or anywhere else.

On the other amendment, the Government think that a maximum of 90 days strikes the right balance. Without any limit it would, for the person directed not to start a prohibited activity, be unclear and uncertain at what point a direction ceased to apply. With the limit of 14 days, we could, with some persistent resident protestors, so to speak, create a burden requiring unduly frequent renewal. Ninety days has been applied in a number of other areas for these sorts of orders.

Subsections (1) and (2) of this clause provide that the direction to stop a prohibited activity may include a direction that the person does not start doing that activity again and that the direction continues in force for a period of time specified by the constable or authorised officer giving the direction.

Then we come to the use of “varied” in Clause 145(6)(c). We thought it fair to give officers the ability to amend a direction given to enable them to deal with changing operational circumstances. This would mean the officer would be able to change the duration of the direction or to reinforce the direction taking account of changing circumstances. This amendment would curtail the rights of officers and reduce their ability to respond proportionately to changing circumstances, and we are all familiar with how difficult it can be to do so in large demonstrations.

I am not sure whether the noble Lord, Lord Rosser, formally moved the amendment tabled in the name of the noble Lord, Lord Dubs, but our sense on the amendment is that he was providing detailed guidance of the sort that should not be in the Bill but which should be provided. I think I will need to write to the noble Lord about exactly which parts of these clauses will be subject to further guidance, but I promise that I will write.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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When the Government look at issuing detailed guidance, I hope they will not neglect the concern of my noble friend Lord Dubs about the use of amplifying equipment. I recall that during the encampment in Parliament Square I was unable to use my parliamentary office in 1 Parliament Street over an extended period. I hope that that will be taken fully into account when detailed guidance is given by the Government. I have very many scars from that time.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, we will be coming on to that. I know that there are different, but very strongly held, opinions on amplifying equipment. Westminster City Council replied that by all their measures traffic noise was more important than the amplifying equipment. I think my colleague will be coming on to that on the next amendment.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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Members of Parliament were unable to do the job for which they were elected as a result of the activities of certain of the protestors.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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Having heard this useful further discussion, I invite the noble Baroness to withdraw her amendment.

Controlling Migration

Lord Anderson of Swansea Excerpts
Tuesday 23rd November 2010

(13 years, 12 months ago)

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Baroness Neville-Jones Portrait Baroness Neville-Jones
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I am trying to find the figure. I think that I am right and, if I am not, I shall correct myself on the record later and write to the noble Lord. My understanding is that 700 are being issued in that category, so the figure of 1,000 is not an unreasonable estimate of what is likely to be needed in this category. Of course, it is entirely without the complication of sponsorship or other qualification. We have sought to respond to the points that were made about our need for great talent to come here, but also to the desire of those who wish to come and work in our global-quality institutions. We will monitor all these figures and, if they turn out to be wrong, I am sure that the Government will want to change the limits. The last thing that this country needs is to impose an immigration policy on itself that does not meet its social and economic needs and benefit the population of the country.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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The proposal on marriage is fine in principle, but my experience is that so often sham marriages can proceed and succeed because there is no check at the end of the period as to whether they are subsisting. What assurance can the Minister give on the rigour of the checks carried out at the end of the two-year period? Otherwise, sham marriages will continue and proliferate.

Baroness Neville-Jones Portrait Baroness Neville-Jones
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The noble Lord is right that there is a problem here. We are looking at a possible extension of the period during which a marriage would have to subsist for it to be demonstrated not to be sham. That means that we will have to monitor that to be the case. The announcements being made in context form part of a wider view of how we monitor those who are let into the country and their compliance with the conditions under which they were permitted to enter. In a different context, I recall announcing how we were going to monitor English language schools. That undoubtedly imposes on the immigration system an extra duty when ensuring that terms are being met. However, it will be made very clear to those involved that the penalties for failure to comply are very high.

Immigration: Deportation

Lord Anderson of Swansea Excerpts
Tuesday 2nd November 2010

(14 years ago)

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Baroness Neville-Jones Portrait Baroness Neville-Jones
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My Lords, as the House may know, there are several control and monitoring systems in place. Contrary, perhaps, to some of the prevalent views, they are in fact very active. The Chief Inspector of Prisons has oversight of all the detention facilities, which includes the escorts, and he conducts inspection visits on an unannounced basis. The independent monitoring board is based at Heathrow. After the last Question that I was asked on this subject I inquired how active that independent monitoring board was, and I was told that it is very active. It has produced critical comment on some of the practices it has observed, although not in this area, and it has said specifically that it does not think that there is a systemic problem, which I know is one of the anxieties in the House. Furthermore, detainees themselves have the right to make complaints. Those go to the Prisons and Probation Ombudsman and he reviews them. There are many controls trying to ensure that there is both a good system and proper practice.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea
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My Lords, voluntary departures are clearly much more humane and give much better value to the taxpayer. Are the Government convinced that there are enough incentives available for people who depart voluntarily?

Baroness Neville-Jones Portrait Baroness Neville-Jones
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We are trying to increase the number of people who are willing to depart voluntarily. Nevertheless, we also encourage people, when we have to oblige them to go, to do so in a compliant fashion. We are making very great efforts to ensure two things: first, that the maximum number of people who are not entitled to stay do depart this country; and, secondly, that when they have to be escorted, it is done in a proper, humane fashion.