(5 years, 1 month ago)
Lords ChamberI did see that programme, and it was very disturbing: children as young as eight and nine being married for an hour, effectively so that they could be abused. In this country we would call it child abuse, and of course those girls suffer even worse because it damages the rest of their lives.
My Lords, how do the Government respond to the claim that there is a loophole in current modern slavery legislation that is being exploited by county lines networks and that allows young people to pose as victims when in fact they are not?
The noble Lord raises an interesting point, because quite often in county lines those children are both victims and perpetrators of some of the offences. Interestingly, the majority of referrals into the NRM are from the UK and are suspected to be from county lines gangs.
(5 years, 4 months ago)
Lords ChamberMy Lords, the EU Sub-Committee covering this law met the Minister this morning. There seems to be a view that the technology is infallible. Is there not therefore a danger that the law of technology will trump the rule of law? The main complaint which the committee has found concerns the lack of physical proof that a person has been granted settled status. The Government have stubbornly refused to alter that, even if there were to be payment. What is the rationale behind that refusal?
I think the noble Lord is referring to automated decision-making. If the report is the same one that I am thinking of, it is wrong: there is no automated decision-making in the settlement scheme. Each application is checked by a caseworker, which I hope will give the noble Lord comfort. We allow applicants to choose, during the application process, whether they would like the evidence requirement for their continuous residence in the UK to be supported by government data checks. Those checks are optional and triggered only when a person enters their national insurance number on the application. The applicant may supply evidence in other forms should they wish to do so.
(5 years, 5 months ago)
Lords ChamberThe noble Lord is absolutely right. I talked about my right honourable friend the Home Secretary signing the joint action plan with his French counterpart, Monsieur Castaner. The plan that they agreed built on the existing border security partnership by setting out more than £6 million-worth of investment for new security equipment as well as the intelligence that he talked about and CCTV coverage of ports. On the small ports, we have enhanced our field intelligence and our search capability.
My Lords, a chain is as strong as its weakest link. What efforts have the Government made to identify and strengthen the smaller ports that are particularly vulnerable?
As I just said, we have strengthened both our field intelligence capabilities and our search capabilities for smaller ports. As the noble Lord said, a chain is only as strong as its weakest link and, of course, as we strengthen some ports, people will try to find inroads into the smaller ones.
(5 years, 9 months ago)
Lords ChamberMy Lords, the Prime Minister has always been clear that the 3.6 million EU citizens will be welcome here, and, whether it is a deal or no-deal situation, they will be able to establish their status here through the EU settlement scheme.
My Lords, how valid was the pilot scheme launched by the Government, given that they chose a very easy sample?
I do not know whether the sample was easy. It was taken from the north-west of England, which I was very pleased about, and involved staff and students at 15 institutions. Of those who applied, 65% received settled status and 35% pre-settled status.
(5 years, 9 months ago)
Lords ChamberI thank my noble friend for asking a very important question. Those children are particularly vulnerable when they come here, and people who would wish to exploit children have an ideal opportunity to do so when those children arrive. I can assure my noble friend that local authorities—which are, of course, the corporate parents of these children—are doing all they can to ensure that they do not go missing and, when they do, to ensure their safe return. I cannot give her numbers, but I will try to write to her if I have those numbers.
My Lords, Christian refugees from the region, including children, face a double handicap: first, as refugees, and, secondly, because they are not welcome as Christians in the camp. In spite of the warm words of the Foreign Secretary just before Christmas, we received no Christian refugees from the region in the first six months of last year. Has the situation improved?
In assessing whether refugees need our help, we do not do so by what religion they are but by where their vulnerability lies. I do not know whether the situation has improved—it is probably over to my noble friend to follow that up. However, I hope the situation has improved. As I said, we do not differentiate by religion.
(5 years, 10 months ago)
Lords ChamberIf the noble Lord will indulge me, I will talk about the European arrest warrant when I answer points raised by noble Lords. Perhaps that will clarify it; if it does not, I will come back to noble Lords in writing.
The noble Lords, Lord Jay and Lord West, and my noble friend Lord Kirkhope all talked about data. I made the point earlier about the huge data flows that come from the UK across to the EU. I absolutely accept the point and share their view on the importance of continued data sharing following our withdrawal from the EU. The EU, with the UK and its member states, has established unrivalled mechanisms for the exchange of law enforcement data on a daily basis, as the noble Lord, Lord West, pointed out. Our operational partners have made clear to this and other Select Committees how crucial this data is in our efforts to fight cross-border crime and prevent terrorism.
On the UK securing an agreement on data protection with the EU, we start from a position of trust in each other’s standards and regulatory alignment on data protection. The Data Protection Act 2018—which the noble Lord, Lord Kennedy, and I were involved in—and the adoption of the general data protection regulation strengthened UK data protection standards. I can quite safely say that we often surpass what is required of EU states. We were also one of the first countries to successfully implement the law enforcement directive. This provides a unique starting point for an extensive agreement on the exchange of personal data that builds on the existing adequacy framework. We believe that the EU’s adequacy framework provides the right starting point for the arrangements that the UK and the EU should agree on data protection, and the political declaration notes that the adequacy decision will form the basis of future data transfers between the UK and the EU. It also outlines that the Commission is committed to starting this assessment as soon as possible after exit day, with the intention to have a decision in place by the end of 2020; that commitment is relevant to the committee’s concerns about the sequencing of negotiations on data and security.
The committee and the noble Lord, Lord Jay, also reiterated the concern about the cliff edge and there being no mechanism in the draft withdrawal agreement for extending the implementation period. Both the UK and the EU agree that the implementation period has to be time limited, and the legal text sets an end date of 31 December 2020. However, the withdrawal agreement now also includes the possibility to extend the implementation period by mutual agreement of the parties. The committee highlighted the possibility of a security cliff edge, whether at the end of March or at the end of the implementation period. As the House would expect, the continued safety and security of both UK and EU citizens remains our top priority. This is why we are preparing for all eventualities, including the no-deal scenario that we are all seeking to avoid.
As part of our planning for such a scenario, we are preparing to move co-operation to alternative, non-EU mechanisms which we already use for co-operating with many non-EU countries. Broadly speaking, this would mean more use of Interpol, Council of Europe conventions and other forms of co-operation with European partners, such as bilateral channels. They are tried and tested avenues, so we are in a slightly different position in this area compared to those areas in which we are having to put in place new and unprecedented arrangements. We are none the less clear that these contingency arrangements will not be like-for-like replacements of the EU tools and would result in a reduction of mutual capability.
Will the noble Lord indulge me, as I am really running out of time? I have not said half of what I wanted to say. If the House will allow me to have a few additional minutes, I will write to noble Lords on any outstanding points.
The Government’s White Paper outlined that our future security relationship should be underpinned by appropriate safeguards, including respect for human rights—which the noble Lords, Lord Anderson and Lord Kennedy, and the noble Baroness, Lady Ludford, spoke about—comprehensive data protection arrangements and robust, appropriate governance arrangements. The UK is committed to membership of the European Convention on Human Rights and we believe that an agreement should include a mutual commitment to individuals’ rights. We are clear that we will remain party to the ECHR after leaving the EU. In line with this, the text of the political declaration recognises that appropriate reciprocal safeguards must be put in place to ensure that individual rights are protected and disputes can be effectively resolved. It is also clear that our future relationship must include an appropriate balance of rights and obligations; safeguards must be appropriate to the level of co-operation taking place.
I will now turn to some specific points raised; I will go over time. The noble Lord, Lord Jay, the noble Baroness, Lady Ludford, and others talked about there being no reference to SIS II or ECRIS in the political declaration. The noble Lord, Lord Bach, who talked about policing, raised concerns that the UK would be less safe without them. Under the terms of the withdrawal agreement, we will continue to use EU tools and data platforms, including SIS II and ECRIS, for the duration of the transition period. The political declaration text reflects that the UK and the EU have agreed to continue to exchange information on wanted or missing persons and objects and on criminal records, and that our future relationship should include capabilities which allow for that.
A number of noble Lords voiced their concerns about the European arrest warrant, and whether we will still be able to use it. Basically, the UK and the EU have agreed to establish arrangements enabling the UK and member states to surrender suspected and convicted persons efficiently and expeditiously. The political declaration also provides the basis for agreeing surrender arrangements, including streamlined procedures and time limits maximising the effectiveness of such arrangements. Both the UK and the EU recognise the importance of continued, close and effective operational co-operation on extradition. The legal vehicle through which co-operation in this and other areas will be delivered will be for the next phase of negotiations. I hope that answers the noble Baroness, Lady Massey, and the noble Lords, Lord Anderson, Lord Kennedy and Lord Jay.
The noble Lords, Lord Jay and Lord Kennedy, talked about security co-operation in Ireland and Northern Ireland and its historical importance. I totally agree with them on the importance of that. The comprehensive security partnership we are seeking with the EU will include the Republic of Ireland, ensuring that this important co-operation can continue.
The noble Lord, Lord Jay, and the noble Baroness, Lady Smith of Newnham, talked about the role of the CJEU after exit. The UK has said that, while it will be outside the direct jurisdiction of the CJEU, it is prepared to make commitments with respect to the CJEU as set out in the White Paper. This is reflected in the political declaration, in which we have made it clear that the closer and deeper the partnership, the stronger the accompanying obligations.
The noble Lords, Lord Ricketts, Lord Soley, Lord Browne of Ladyton and Lord Bach, and the noble Baroness, Lady Smith of Newnham, talked about contingency planning. We are working intensively with operational partners to ensure we are ready and well placed to make best use of the alternative channels with EU member states. We are not complacent and will continue to work closely with them as we put those plans into action.
I am sorry to go back to the European arrest warrant, but the noble Lord, Lord Jay, asked about live cases. The requests we have made will be a matter for EU member states. The Home Office and our operational partners are engaging with our counterparts in EU member states to find out how they intend to handle live cases at the point we leave. Our overall objective in this area, shared by our counterparts in Europe, is to minimise disruption to operational work. The legislation is quite clear on incoming requests. Under the Extradition Act, if we make an arrest on an EAW the court proceedings have to continue under that part of the Extradition Act. In these cases as well, our overall aim will be to ensure that cases are handled without disruption.
I have run out of time. There are a number of questions that I have yet to address. This has been an excellent debate. I hope the other place has listened to the civilised way we have conducted ourselves. I will write to noble Lords fully on the questions I have not yet answered. I thank noble Lords for taking part in the debate.
(6 years ago)
Lords ChamberI cannot, my Lords. Our primary concern is the safety and security of Asia Bibi and her family, and we want to see a swift resolution of the situation. A number of countries are in discussion about providing a safe destination once the legal process is complete. Therefore, it would not be right to comment further at this stage. The noble Lord also talked about religious freedom. I welcome the opportunity to say that we continue to urge all countries to guarantee the rights of all citizens, particularly the most vulnerable, in accordance with international standards.
Does not the hesitation of the Government in this sense, either because of a fear of community backlash or because of perceived dangers to our high commission staff, speak volumes about their human rights commitment? Surely as far as Pakistan is concerned, the deal reached with the extremists by the Prime Minister of Pakistan, Imran Khan, tells us something about his human rights credentials and those of the Government of Pakistan.
Noble Lords can draw their own conclusions in this situation, but our prime concern is the safety and security of Asia Bibi and her family and we want a swift resolution of the situation. As I said earlier, I do not want to comment further because I do not want any individual or their family members to be put in danger.
(6 years, 1 month ago)
Lords ChamberI think I have made it clear, in response to both this and the earlier Question, that there are certain types of crime patterns, such as knife and gang crime in London, which are worrying and into which the Government have sought to put specific types of funding, but also that this type of child sexual abuse and exploitation requires a dedicated approach to a specific problem. But I do not resile from the fact—and my right honourable friend the Home Secretary recognises this, as does the Policing Minister—that considering all the things that the police have to do and the strain they are under, they have significant burdens on them. Both my right honourable friend the Home Secretary and the Policing Minister are very aware of this as we go into next year.
My Lords, does the Minister agree that the police’s resources and priorities should be in part determined by public concern? Is she in any doubt at all that the public are deeply concerned about the exploitation of vulnerable girls by gangs? What role have the police commissioners played in this matter?
My Lords, this has to be a multiagency approach. It is a job that local government will have across its desk in terms of protecting vulnerable children. The police will have it across their desks. The Department of Health will have it across its desk. It is also the job of education to ensure that girls—predominantly—who may be vulnerable to this sort of exploitation are supported in the communities in which they live. I have outlined the various funding packages to try to prevent such things happening, but the noble Lord is not wrong when he says that resources need to go into this. Sometimes the public’s priorities are not the priorities that the police might seek to invest in, but this is a major national priority.
(6 years, 5 months ago)
Lords ChamberMy noble friend makes that point very articulately, and he is absolutely right on extradition—I am sure that he is. It is in everybody’s interest that we preserve that national security relationship. The UK has played its part in the huge move, in the past 12 months to two years, to help European countries when they have faced difficulties through terrorist attacks. Our police have been at the forefront of some of the aid that we have given to our European partners. It would be a detrimental move for there not to be co-operation between the UK and our European partners once we leave the European Union. Life, as my noble friend says, is the most important thing here.
My Lords, is not the key consideration in these negotiations that there is a mutuality of interest between ourselves and our EU partners in the field of security? Monsieur Barnier must surely recognise that we have very much to offer, as was shown recently by the remarks of the director of GCHQ.
The noble Lord is absolutely right. We have a mutuality of interest, as my noble friend has just pointed out—and, as I have said, it would be inconceivable that some of the work that we have done in co-operation with our European partners, which has been of mutual multilateral interest throughout the EU 27, would be lost in our exit from the EU.
(6 years, 9 months ago)
Lords ChamberIn terms of London’s preparedness, the noble Lord will know that there has been quite an uplift in the CT policing budget. In terms of the EU, he will also know through the various debates we have had that the UK has been a leader in work across Europe in law enforcement and counterterrorism data sharing. We have had the pleasurable experience of the passage of the Data Protection Bill, during which law enforcement and other matters were discussed. We very much want to continue that to the extent that we have put the law enforcement directive into UK law.
Does the Minister agree that the threat is less a general one than a specific one targeted against various minority communities, particularly the Jewish minority? Is she satisfied that the Government have sufficiently close consultation with the Jewish community in this country, particularly in London, to prevent attacks?
The Government liaise closely with the Jewish community, in particular with the CST. All Jewish schools have security protective mechanisms, following some of the terrorist threats in Europe. I commend the CST for the work it does not only for the Jewish community but for the broader community.
(6 years, 9 months ago)
Lords ChamberThe noble Baroness makes a very good point. It is only in educating our children through PSHE, relationships and sex education that that culture of respect towards one another, the opposite sex, and, for young girls, towards themselves, will change.
My Lords, will the Minister give wide publicity to the fact that confidentiality clauses in such agreements are null and void, and can in no way give rise to a course of action?
I hope that if any good can come out of this pretty grubby incident, it will be to highlight the fact that employers, or, indeed, people employing casual staff for the night, cannot hide behind confidentiality or gagging clauses if this sort of behaviour goes on, because they will be void.
(7 years ago)
Lords ChamberI acknowledge that the noble Lord raises a challenging and complex issue. It is difficult to predict the impact that a particular course of action may have as the situation is so complex. The UK remains a strong supporter of promoting peace.
My Lords, the reconciliation agreement between the two Palestinian factions is surely to be welcomed and potentially gives Israel a negotiating partner. However, will the Minister confirm that Hamas still calls for the destruction of Israel, that its military wing still builds tunnels to attack Israel, and that it sends rockets into southern Israel?
My Lords, I acknowledge what the noble Lord is saying. However, it is government policy not to provide a running commentary on any proscribed organisation.