Anti-social Behaviour, Crime and Policing Bill

Lord Avebury Excerpts

Wednesday 11th December 2013 Lords Chamber

That is the basis on which I have put forward my amendments, and I look forward to hearing the Minister’s response to those recommendations to the House.

[Lord Avebury (LD)]

My name is attached to the amendments in this group in the name of my noble friend Lord Lester, who, as my noble friend Lady Hamwee has already said, is unfortunately indisposed and unable to be present for this debate.

Let me say at once that I agree with all the amendments proposed by the noble Baroness, Lady Kennedy, as well as those in our name. She made a convincing argument, particularly on the ineffectiveness of the legislation. In spite of the vast number of stops and searches that have taken place, we have not had a single conviction. This is not a device for catching terrorists or even being able to question them—the noble Baroness added that none of them had even been charged. This matter has caused enormous concern to the Joint Committee on Human Rights and to the Equality and Human Rights Commission, with which we have an opportunity to discuss the amendments. It is as worried as we are that Schedule 7 to the Terrorism Act could violate human rights and equality laws and cause immense damage to community relations because of its widespread negative impact, particularly on our Muslim population. The EHRC made submissions to the Home Office consultation on Schedule 7 powers, and again, in 2013, it made a further submission to the Joint Committee on Human Rights in relation to its scrutiny of the Bill. It seems to me that the EHRC has been ignored.

We recognise the importance of stop and search powers as a tool for crime detection and prevention, and we acknowledge that Schedule 7 forms part of the UK’s counterterrorism strategy, which is aimed at protecting people in ports and airports and on the chief modes of transport which have been targeted by terrorists in the past. It could also prevent terrorists from entering UK territory.

However, we believe—with others—that the legal form and practical exercise of these powers should comply with equality and human rights legislation. The powers have to be used appropriately, proportionately and in a non-discriminatory manner. In its report, The Impact of Counter-terrorism Measures on Muslim Communities, the EHRC noted that Schedule 7 is eroding Muslim trust and confidence in policing and called for greater transparency and accountability around its use. Following the consultation already mentioned, Clause 132 and Schedule 8 to the Bill propose certain changes to the provisions in Schedule 7 to the Terrorism Act 2000 for stopping, examining and detaining people at ports. However, I agree with the EHRC that to do this without the need for reasonable suspicion or other limitations is far too broad, lacks efficient safeguards, and could be a breach of the requirement that such an interference should be prescribed by, and in accordance with, the law pursuant to Articles 5 and 8 of the European Convention on Human Rights.

This point has also been made by the Joint Committee on Human Rights and several of the amendments in this group are based on its recommendations. This is especially the case when an individual is questioned about his political and religious beliefs and activities, as well as those of others in his community and family. The Islamic Human Rights Commission says it has received dozens of complaints of inappropriate questioning, such as officers asking Muslims whether they pray, whether they would be willing to spy on their communities and which party they voted for at the last election. The commission concludes that,

“Schedule 7 has done more to alienate people than address the issue of national security.”

I will give two examples from my own experience. First, a British Shia imam, returning to the UK through Heathrow terminal 1, was detained, interrogated at length and had his fingerprints and DNA taken. I was told the samples would be retained indefinitely, for comparison with samples taken at the scene of terrorist offences. I wrote to Jacqui Smith, then Secretary of State for the Home Office, on 5 December 2008, asking for the samples to be destroyed, in the light of the case of S and Marper at the European Court of Human Rights. I finally got the samples destroyed and the imam’s name expunged from the database on 25 January 2010 after 13 months of correspondence and telephone calls with Ministers and their offices and various branches of the police, including SO15, or Counter Terrorism Command.

In a second case, which is still ongoing, a friend of mine, who is a Bahraini national, has been stopped several times at Heathrow and King’s Cross and his complaint was taken over by the IPCC, which issued proceedings against the Metropolitan Police on 10 October 2013 because it would not investigate the basis for the stops. It was expected that some months could elapse before the case was heard in the High Court, and I would be grateful if my noble friend could give me an update on that. As I said to the Security Minister, James Brokenshire, it is clearly unacceptable that our police should be harassing and intimidating Bahraini refugees here, including British citizens, when they are entitled to protection from the regime that persecuted them. Instead, it is clear that our police are acting as agents of the al-Khalifa oppressors. It is odious that peaceful opponents of any state which violates human rights should continue to be persecuted after they seek asylum here. It is not simply an operational matter for the police, but one that touches on our obligations under the refugee convention. As I also said to Mr Brokenshire, I do not believe the police would have acted in this disgraceful way unless they had been told from on high that this is how they were expected to behave.

More widely, the EHRC’s statistical analysis of examinations and detentions under Schedule 7 suggests that disproportionately high numbers of black and Asian passengers are being stopped and the disproportion increases further with over-the-hour examinations and still further with detentions. The code of practice on Schedule 7 prohibits reliance on ethnicity as the sole reason for examining a person, so the EHRC suggests that an investigation be undertaken to see whether that is the practice. However, statistics alone cannot prove that a power is being used in a discriminatory manner; a more comprehensive study is needed to see whether the conduct of the police under Schedule 7 breaches the Equality Act. I hope that my noble friend will say that in light of the experience, such an inquiry will be undertaken.

EU: Free Movement of Labour

Lord Avebury Excerpts

Tuesday 5th November 2013 Lords Chamber

[Lord Taylor of Holbeach]

The principle is important but it is the practical that I have been trying to address. I have not read the UCL report but I have noticed the media comments on it and the key findings. I reiterate that what matters now is that we take steps, through our policy on access to benefits and public services, to reduce the incentives for abuse and to prevent this problem from growing.

[Lord Avebury (LD)]

My Lords, has my noble friend noticed the Ipsos MORI survey which shows that the level of abuse of free-movement rights is far less than Mrs May seems to imagine?

[Lord Taylor of Holbeach]

I have not noted that particular report. I am concerned that we are experiencing a pull factor in this country, and that is something that we need to address if we are going to get a proper balance between migrants who are coming here to support the British economy and those who, through other purposes, are seeking to abuse our systems.

Anti-social Behaviour, Crime and Policing Bill

Lord Avebury Excerpts

Tuesday 29th October 2013 Lords Chamber

[Lord Avebury (LD)]

My Lords, first, I join in the congratulations that have been expressed on the outstanding maiden speech of my noble friend Lord Paddick. We can tell from his speech not only that he has a great contribution to make in future to the matters covered by this Bill, but that he has a tremendous sense of humour which we will welcome in any debate in which he chooses to engage.

Like my noble friend Lord Dholakia, I welcome the changes that have already been made by the Government in this Bill to the extreme powers that were formerly in Schedule 7 to the Terrorism Act, but they do not go far enough. The case referred to by my noble friend Lord Faulks—of David Miranda, the partner of the Guardian journalist Glenn Greenwald, who was stopped and detained for nine hours while transiting Heathrow in August—is now the subject of an inquiry by David Anderson QC. My right honourable friend the Deputy Prime Minister has said that if Mr Anderson recommends further restrictions on the Schedule 7 powers, the Government should use this Bill for that purpose. We understand that his report may be delayed because of ongoing legal proceedings. I would be grateful if my noble friend the Minister could elaborate on that, because ideally the report should be available while it may still be of assistance to your Lordships during the passage of this Bill.

As far as I know, Mr Miranda has not been arrested or charged with any offence. However, the police are examining the tens of thousands of documents stored on his laptop, mobile and other electronic devices, to see whether they constitute evidence that he,

“has been concerned in the commission, preparation or instigation of acts of terrorism”.

I ask my noble friend: would the mere possession of material acquired by former NSA whistleblower Edward Snowden related to the monitoring of telephone calls by the agency amount to terrorism? I understand that the Guardian had copies of all the files, and so did other media, so if there is an offence that could be used to charge Mr Miranda, it could be used against the Guardian and other media as well.

GCHQ obviously knows, from its general monitoring of communications, that Mr Miranda is a person of interest to it. It flags up his passport so that when he presents it to a scanner at a port of entry to the UK, he is detained and questioned under the powers of Schedule 7, even if at that point there is no reason to suspect that he has been engaged in committing, planning or instigating terrorism.

I am afraid that he is not the only person to have been stopped under Schedule 7 because his passport triggers a warning. A friend of mine, a British citizen of Bahraini origin, has been stopped three times, once at Heathrow and twice at St Pancras, within a 12-month period. I wrote to the Security Minister, James Brokenshire, in August and he replied a month later referring me to the police. I wrote to the Metropolitan Police and had an acknowledgement a week later. The matter was taken over by the IPCC on 1 October. On 15 October I met two police officers for a discussion on the case. That discussion consisted almost entirely of me giving them further background on the case, underlining the fact that a black mark existed against my friend’s name on the computer and that he wanted it removed.

Knowing how friendly we are with the Bahraini autocracy, and that the regime had asked us to consider an extradition treaty with it to enable it to harass Bahraini dissidents in the UK, I suspect that the use of Schedule 7 against my friend and other Bahraini exiles in the UK is politically motivated. This is a good illustration of the need to amend the power so that it can be used only to detain a person when there are reasonable grounds for suspecting his involvement in terrorism, as the Liberal Democrat autumn conference recommended.

Last week I had a meeting with senior officials of the Muslim NGO, ENGAGE, to discuss Schedule 7 among other matters. In their submission to the consultation they had detailed what they regarded as evidence of disproportionately large numbers of Muslims being stopped and searched—a concern which needs to be addressed for the sake of good community relations. I took up the case of a distinguished British imam who was stopped at Heathrow Terminal 1 in December 2008, detained and compelled to give a DNA sample and fingerprints. There was no reason why he should have been suspected of terrorism, but it took me 15 months and 57 rounds of correspondence before I could persuade S015 counterterrorism command to destroy the sample and fingerprints. It is such cases that provide grounds for Muslims to believe they are being singled out.

We have an excellent blueprint for reform of Schedule 7 in the shape of the JCHR’s report on the Bill. The other place unfortunately did not have the time to consider its recommendations on this, as on other matters, because they were only published four days before Third Reading, with a weekend in between. Why did the Government not publish the responses to the consultation in full, as the JCHR had already recommended in its report on the Justice and Security Green Paper?

Do they accept that the powers that continue to be available under the amended Schedule 7 are still too widely defined, and will they publish their responses to each of the further amendments proposed before we get to Committee stage? On the code of practice, are they going to discuss paragraphs 15 to 18 with the EHRC with a view to reducing the danger that the powers are used disproportionately against Muslims and other minority groups? Do they agree that records of examinations should include the self-declared religion of the person examined? It would save time in Committee if the Government would respond positively to the JCHR recommendations in the Minister’s winding-up speech this evening.

--- Later in debate ---

[Lord Taylor of Holbeach]

The Home Office works closely with the Department for Communities and Local Government. It is fair to say that we are engaged, as we are on all measures, in discussing every aspect of government where we share interests in common. I do not want to go into detail on the Floor of the House, but I certainly will write to the noble Lord in this regard.

A number of views were expressed about eviction. Some noble Lords, including the noble Lord, Lord Beecham, and my noble friends Lady Hamwee and Lord Faulks, expressed concern about the strength of the powers to evict persons convicted of a related offence. As we saw in 2011, those who riot and trash communities can take away people’s livelihoods and homes. Although the law currently enables the landlord to seek to evict those who riot in the locality of their home, it does not capture the sort of riot tourism that we saw in 2011. The Bill puts that right. It will allow for landlords to apply to evict tenants where they or members of the household have been convicted of an offence at the scene of a riot anywhere in the United Kingdom where the behaviour takes place. That unashamedly sends out a strong message that rioting will not be tolerated and may carry housing consequences wherever it occurs.

However, I reassure noble Lords that we expect landlords to seek to evict in those circumstances only exceptionally and, where they do, important safeguards will be in place. In particular, the court needs to be satisfied on a case-by-case basis that it is reasonable to grant possession. The impact on the whole household and any young children is likely to be a relevant factor. Existing eviction powers make it clear that tenants are responsible for the anti-social behaviour of members of their household. This provision follows that well established principle.

The noble Lord, Lord Trees, my noble friend Lord Redesdale and the noble Baroness, Lady Gale, gave us the benefit of their views on the dog measures in the Bill. I believe that the provisions in the Bill will assist front-line professionals in tackling dangerous dogs, not only once an attack has occurred but to prevent such attacks. There have been calls for dog control notices today, echoing those from animal welfare organisations. The rather bright tie that I am wearing is a Dogs Trust tie; I thought that it would be appropriate to wear it today. The work of such organisations is vital to improve responsible dog ownership through education and providing support for those unable to look after their pets.

However, I do not agree that a bespoke dog control notice is needed. The Bill contains a number of anti-social behaviour powers which can be used in exactly the same way as a dog control notice. The community protection notice, for example, can be used to require a dog owner to have their dog neutered, to keep it muzzled, to keep it on a lead in a public place and to attend dog training classes. The draft practitioners’ manual explains that comprehensively. To provide for another class of notice that does exactly the same thing as existing provisions in the Bill would undermine one of our key objectives, welcomed by practitioners, which is to streamline the existing, complex mix of overlapping powers.

It was helpful to hear from my noble friends Lord Dholakia and Lord Hussain and the noble Baroness, Lady Thornton, about forced marriage. We know that the introduction of legislation is not of itself enough. The Government’s Forced Marriage Unit provides direct assistance to victims. It also undertakes a full programme of outreach activities to front-line practitioners and communities to ensure that people working with victims are fully informed as to how to approach such cases. Overseas, the unit also provides consular assistance for victims to secure their return to the UK, but I look forward to debating that at later stages in the Bill’s progress.

The noble Baroness, Lady Thornton, also raised the clauses dealing with sexual harm prevention orders and sexual risk orders, generally welcoming them. I will write to her on the impact of those orders in the way that she described.

Concern was expressed about PCCs commissioning victim services and whether that would lead to some services not being delivered as they have been. My noble friend Lord Dholakia mentioned that, and the noble Baroness, Lady Stern, was concerned about the impact on rape counselling. Although it makes sense for support for victims of such crimes, which have high impact but are low in volume, such as homicide, rape and human trafficking, to be commissioned centrally, the majority of victim services are best commissioned locally. That is how this issue will be divided. Police and crime commissioners are best placed to decide on the sort of issues that are needed within their communities. Major crimes will still be addressed through national funding.

PCCs will be able to respond to local needs and ensure the best use of funding. In his evidence to the House of Commons Public Bill Committee Adam Pemberton, assistant chief executive of Victim Support, agreed that the move to local commissioning of victims’ services provided an opportunity for better integration of local services in support of victims. We agree. That is why we are legislating to ensure that PCCs have clear powers. I welcome the support of my noble friend Lady Newlove for these provisions.

There has been widespread support for the Police Remuneration Review Body. It is good to hear from the noble Lords, Lord Condon and Lord Dear. Indeed, my noble friend Lady Harris of Richmond referred to the new policies for determining police pay. The Police Remuneration Review Body will deliver pay and conditions that are fair not only for police officers but for the public as well. The move to an independent evidence-based method of determining police pay and conditions is the right way forward. The current negotiating system is time-consuming, inefficient and adversarial. I can, however, assure my noble friend Lady Harris that police officers will continue to have a voice in determining their pay, as their representatives will have the opportunity to inform the annual remit letter, which will be provided by the Home Secretary and sets out issues for the body’s consideration. They will also present evidence to the new body in the same way as any other interested parties along with the Government and police and crime commissioners.

My noble friend Lady Harris asked about the applications of these provisions to Northern Ireland. Policing, as noble Lords will know, is a devolved matter in Northern Ireland. This provision was introduced with the full support of the Minister of Justice for Northern Ireland. However, this is an important change for Northern Ireland. The Department of Justice has consulted policing organisations, including representatives of police officers in Northern Ireland—those who, between them, are responsible for maintaining the police service in Northern Ireland—to ensure that they have a full opportunity to feed in their views. The Minister of Justice for Northern Ireland is considering those views and will respond in due course. I might say, while we are talking about police matters, that I greatly valued the observations of my noble friend Lord Wasserman.

A number of noble Lords, including my noble friends, Lady Berridge, Lord Faulks, Lord Dholakia, Lord Avebury, and the noble Baroness, Lady Kennedy, referred to the changes we are making to the powers in Schedule 7 to the Terrorism Act. I welcome the conclusion of the Joint Committee on Human Rights that,

“the Government has clearly made out a case for a without suspicion power to stop, question and search travellers at ports and airports”.

I also welcome the committee’s support for the amendments to the Schedule 7 powers we have made in the Bill. These are important changes, including a reduction in the maximum period of detention by a third.

The difference between the Government and the Joint Committee is whether the changes in the Bill to Schedule 7 go far enough. In particular, there are some who would continue to argue that the provisions in Schedule 7 are disproportionate and at odds with the convention rights and that these modifications are insufficient to cure that. Given the continuing threat we face from terrorism, the Government profoundly disagree. This is not simply the view of the Government, the police and the intelligence agencies. I refer the House to the judgment of the High Court in proceedings brought by an individual examined under Schedule 7 earlier this year. In that judgment, the court said that,

“we have concluded that the Schedule 7 powers of examination survive the challenges advanced before us. In short, the balance struck between individual rights and the public interest in protection against terrorism does not violate the fundamental human rights in question”.

I hope that noble Lords will agree with that as we debate this issue. I should add that it is our aim to respond to the JCHR’s report before we enter Committee.

[Lord Avebury]

Does my noble friend agree that, during the whole period when these powers have been in operation, not one single case has been unearthed by stop and search at the airports or seaports of an individual who has been engaged in acts of terrorism, other than those who were known to the police before they were stopped?

[Lord Taylor of Holbeach]

The use of these powers is part of our general drive to ensure that we repress terrorism in this country. The exact way in which those powers are used is not really a matter that I would want to discuss on the Floor of the House at this stage. I can reassure the noble Lord that these powers are an important part of our war against terrorism, in this country and elsewhere.

There have been a lot of comments on the compensation for miscarriages of justice. The provisions in the Bill in respect of compensation were raised by a number of noble and learned Lords. It has been good to hear the Rolls-Royce minds of lawyers at work. As a number of noble Lords pointed out, the concept of a miscarriage of justice is not a simple one. Over the years, that has been left open to interpretation by the courts. This has resulted in a lack of clarity for applicants, leaving Governments susceptible to frequent unsuccessful legal challenges and their associated financial implications, with the taxpayer footing the bill. The amendment to current legislation will ensure that compensation is paid in cases where the new fact on which the applicants’ conviction was overturned shows them to have been innocent of the offence. This is a clear, open and transparent test, and one that was successfully operated between 2008 and 2011. That being the case, we are satisfied that it is a perfectly proper test to enshrine in statute. I welcome the support of the noble and learned Lord, Lord Brown, in this matter.

I have run out of time. I have been prompted that I have spoken too long and that it is late, but I am grateful to noble Lords for the constructive and thoughtful way in which they have conducted the debate this evening. There are many areas where we can agree on the Bill. It makes a positive contribution in improvements to protect the public and further modernise the police. It is clear that there are areas where there is further debate to be had as we move into Committee. I hope that we will be able to meet and discuss those. I will certainly be writing to a number of noble Lords. However, I hope that in my closing remarks I have been able to deal with some of the issues raised by noble Lords during the debate. I am sure we will return to many of those issues. In the mean time, I commend the Bill to the House.

Democratic Republic of Congo

Lord Avebury Excerpts

Thursday 24th October 2013 Lords Chamber

[Lord Taylor of Holbeach]

I know of the noble Baroness’s interests in this issue and the diligence with which she pursues them, but perhaps I can refute her suggestion that these matters are taken without proper due care and diligence by the Government. Perhaps I can illustrate that best by saying that in 2009 there were 98 enforced removals to that country; in 2012, the number was down to 14; in the first quarter of this year, it was one; and in the second quarter it was also one.

[Lord Avebury (LD)]

My Lords, does the noble Lord accept what the DRC ambassador told me—that,

“deportees are interrogated on arrival … to allow the Congolese justice system to clarify their situation”?

Does he therefore accept that although we do not routinely investigate or monitor the treatment of returnees, the evidence collected in the report that was mentioned by the right reverend Prelate—of the pattern of interrogation, arrest and ill treatment of refused asylum seekers—is strong enough to warrant an independent investigation of the treatment of these returnees? Can my noble friend say what it will take to get a country removed from the list of safe countries?

[Lord Taylor of Holbeach]

I thank my noble friend for making sure that I had seen a copy of Catherine Ramos’ report; in fact I had been briefed on the report, and the Home Office is taking it seriously. This report is being considered in detail, just as we considered the first one in the series. It was published at the beginning of this month. The initial view, considered against other evidence, including the information that we have from other European countries, is that it will not warrant a change in our returns policy.

Alcohol: Late Night Drinking

Lord Avebury Excerpts

Wednesday 16th October 2013 Lords Chamber

Asked by

[Lord Avebury]

To ask Her Majesty’s Government what further steps they will take to curb the late night purchasing and consumption of alcohol.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, the Government have given local people greater powers to tackle problem drinking late at night. I am pleased to say that Newcastle is scheduled to be the first area to introduce a late night levy on 1 November. This will make premises selling alcohol late at night contribute to the cost of policing. A number of other areas are also considering banning the sale of alcohol in the early hours of the morning.

[Lord Avebury (LD)]

My Lords, does my noble friend not agree that since only two late night levies—and no early morning restriction orders—have been imposed since they were enacted two years ago, these measures should be more closely targeted on areas and premises that cause the problems, particularly areas of cumulative impact? Secondly, will my noble friend explain how the Government’s current licensing proposals are going to reduce or curb the number of licences issued, particularly in areas of cumulative impact, bearing in mind that the number of licences issued has been increasing every year since 2003?

[Lord Taylor of Holbeach]

My Lords, the cumulative effect of the measures we have introduced enables licensing authorities to target problem premises and areas; for example, we have reduced the evidential threshold, given licensing authorities the power to make representations in their own right, and clarified cumulative impact policies that can apply now to the on and off trade alike.

Immigration: UK Citizenship and Nationality

Lord Avebury Excerpts

Thursday 10th October 2013 Grand Committee

[Lord Avebury (LD)]

My Lords, my noble friend Lord Roberts has a proud record of supporting the rights of people who are entitled to British citizenship. I am grateful to him for this opportunity to talk about citizenship. He has seen the Long Title of the forthcoming Immigration Bill, but he cannot tell me whether it contains anything about citizenship. I understand that it does not, and that after several years in which there have been no Bills to revise citizenship, we are again not to be given an opportunity in this Session.

There are some residual problems left over from measures agreed by Parliament in 2002 onwards to equalise the transmission of citizenship between fathers and mothers, with which we have dealt before. Citizenship is automatic for children of a British father, but it requires registration while the child is a minor when it is the mother who is British. If the mother forgets or dies, the right is forfeited. This could be rectified by providing that, where the mother has not registered the child during the child’s minority, she has the right to register herself on attaining her majority.

Another example was given by Wesley Gryk solicitors. It concerns a client, Mr A, who was born in Bermuda in the 1950s to a mother who was then a citizen of the United Kingdom and Colonies. She became a British Overseas Territories citizen on 1 January 1983 by virtue of Section 23(1) of the British Nationality Act 1981 and a British citizen by virtue of Section 3(1) of the British Overseas Territories Act 2002. The Home Office says:

“There is no registration option for people who would have become British Overseas citizens or British Dependent Territories citizens on 1 January 1983 if women had been able to pass on citizenship before that date and who, as a result, might now have had entitlements to British citizenship under other provisions”.

However, Mr A’s cousins, the children of his mother’s brothers and similarly born outside the UK, are now British citizens. That is a clear case of gender discrimination in the operation of British nationality law and ought to be corrected.

Another anomaly that has been raised several times is the status of the Chagos islanders. If they had not been kicked out of their homeland by our Government in the late 1960s, their descendants would by now have become British citizens. Descendants born here are still British, but those born overseas, mainly in Mauritius, are not. In some cases, a member of the family who is British may come here, but can only bring in members of his family if he can demonstrate that the dependents will have no recourse to public funds immediately on arrival. This results in split families and in British citizens being permanently exiled because they cannot or will not leave their families.

The Immigration Law Practitioners’ Association proposes that Chagos islanders born in exile should be able to register as British citizens if they have a single parent, man or woman, who was born on the islands. The same right should be extended to children of those who registered as British citizens under Section 6(1) of the British Overseas Territories Act 2002.

There is the whole question of stateless persons, for whom the UK restated her commitment to the 1961 convention at the 50th anniversary UN event in Geneva in December 2011. However, a British citizen born outside the UK and British Overseas Territories is British by descent and therefore unable to transmit his or her citizenship to the next generation or bring the children to the UK without surmounting major obstacles. In addition, there are the children of people living in a foreign country who acquire British citizenship after the birth of their children, where the state of residence prohibits the acquisition of its nationality to the children, often on racially discriminatory grounds, so the children are then stateless.

Finally, I need to mention the British overseas citizens who renounced their Malaysian citizenship when advised falsely by solicitors that they could then claim full British citizenship. After they found this was wrong, they languished here stateless, destitute and without the right to work for many years. After much correspondence and many meetings with the Minister for Immigration, he said that he had negotiated an agreement with the Malaysians for these people to return there and reclaim their former Malaysian status. When pressed for details, the Minister wrote yesterday saying that the persons concerned will be allowed a five-year residence pass to return to Malaysia, and that at the end of that period they could apply for permanent residence. However, he did not say how much longer they would have to continue stateless or explain what conditions they would have to satisfy before they could regain their original citizenship. The Minister says that he will publicise the arrangements only after at least a couple of successful returnees have demonstrated that the process is running smoothly, but even if that happens, I imagine that most of the people concerned would sooner have another five years of statelessness here in this country than return to Malaysia and face a 10-year period of statelessness there.

Licensing Act 2003

Lord Avebury Excerpts

Wednesday 9th October 2013 Lords Chamber

[Lord Taylor of Holbeach]

There may be particularly vulnerable people, of course, and old people are among them. One of the things that we have done with the existing licensing laws is to rebalance the Licensing Act so that there is a vicinity test; as long as evidence exists within a local community concerning the disruption that can be caused by late-night drinking, it is able to submit this to the licensing authorities. I can give the noble Viscount more encouragement: Milton Keynes has also voted in favour of a late-night levy, which is likely to come in next year. The Anti-social Behaviour, Crime and Policing Bill will also encourage the noble Viscount it is making its way through the Commons and will shortly arrive here, and will greatly empower communities in this regard.

[Lord Avebury (LD)]

My Lords, the Government’s alcohol strategy puts the cost of alcohol harm to the economy as a whole at £21 billion. That includes £3.5 billion for the health service, where overstressed A&E departments, for example, have to cope with an influx of people after midnight who have drunk far too much. Has my noble friend any estimate of the benefits, in terms of reduced costs, of the Government repealing the 2003 Act altogether?

[Lord Taylor of Holbeach]

No, that calculation has not been made, but I can give my noble friend the figure for the cost to the health service: £7.3 billion for alcohol-related incidents.

Alcohol: Minimum Pricing

Lord Avebury Excerpts

Wednesday 10th July 2013 Lords Chamber

[Lord Taylor of Holbeach]

This is just the sort of evidence being evaluated by the Government. I accept that we also have the Scottish experience whereby the Scottish Parliament has passed legislation on this issue. That is subject to a court appeal but we are taking note of what is going on elsewhere.

[Lord Avebury]

My Lords, I am sure that the Government have looked at the evidence produced by the Institute of Alcohol Studies which shows that a 50p minimum unit price would reduce deaths per year by 3,000, hospital admissions by 98,000 and crime incidents by 40,000. Have the Government made any estimate of the savings to the public purse that that reduction would produce?

[Lord Taylor of Holbeach]

The cost of alcohol to society is estimated at £21 billion, £11 billion of which is due to alcohol-related crime. These figures are part and parcel of the consideration the Government are giving to the issue.

Immigration Rules: Impact on Families

Lord Avebury Excerpts

Thursday 4th July 2013 Lords Chamber

[Lord Avebury]

My Lords, a huge amount of concern has been expressed outside this House about the Government’s policy of making it more difficult for near relatives to join primary migrants who are settled in the UK, contrary to the declaration that my noble friend Lord Teverson quoted, which appears in both the Conservative manifesto and the coalition agreement, and states that,

“strong and stable families ... are the bedrock of a strong and stable society”.

Instead, the Government have divided husbands from wives, parents from children, and elderly dependants from those who want to look after them in their final years. They have weakened family unity and made it harder for migrants to contribute their full potential to our society. They are violating the right to family life and will face challenges, I hope, in the courts.

The Government intend to narrow the permitted exceptions in Article 8 of the ECHR beyond what is permitted in the convention. However, whatever is written into our legislation may have no effect on the jurisprudence of the European Court. If it follows the existing practice of the court, it is a pointless exercise, but if it is more prescriptive, the Government risk a series of expensive cases in Strasbourg, which is already grossly overloaded.

It has been almost impossible for a sponsor to bring an elderly parent to the UK following the amended rules that came into operation last July. From then until the end of October, only one visa was issued to a dependent relative, and, like my noble friend, I would like to know whether anyone else in this category has got past the barriers since then. Is it necessary and proportionate to prevent a migrant looking after an elderly parent? In many cultures, as the noble Lord, Lord Parekh, emphasised, it is an exigent duty to look after your parents in their old age, and making that virtually impossible is doubly inhuman.

Mrs M, aged 65, left her homeland in Iraq with her husband and they were living in Syria. A few years ago, Mr M died, leaving his widow entirely on her own. As the situation in Syria worsened, Mrs M applied to the UK consulate in Beirut to come here as the dependant of her two sons, both of whom are UK citizens. The brothers are poor but a well known charity stepped in to guarantee that Mrs M would be supported without recourse to public funds. When no reply was received to the application, the brothers asked me to help and I wrote to the Minister for Immigration in April. Two months later, I had received no reply, and I wrote again on 15 June. Today, exactly a year after the original application, her son got a refusal letter. So even where the financial and other conditions are satisfied, the Home Office avoids issuing the visa to an elderly dependant in a war zone.

The committee chaired by my noble friend Lady Hamwee, who is to be warmly congratulated on such a professional job of work, found that 61% of British women citizens in work would not qualify to sponsor a non-EEA partner on the basis of their earnings. No account is taken of the provision of free accommodation by parents, other close relatives or an employer. The income threshold was also found to be discriminatory, because women’s earnings are 15% below men’s. The committee’s recommendations deserve sympathetic consideration, as do those of ILPA, BiD and the Migrants’ Rights Network.

To make matters worse, legal aid is no longer available for appeals against refusal of visas for spouses, children and elderly dependants, in spite of the fact that some of these cases are far too complex to be dealt with adequately by litigants in person, as we heard on Tuesday from the Red Cross and UNHCR at a meeting in this House. Many will turn on European case law dealing with the right to family life, of which few non-lawyers would even be aware.

I should like to give an illustration of this in the case of non-EEA victims of domestic abuse. They have a legal right to stay in the UK if they comply with Rule 289A of the Immigration Rules, which is explained in the 48 pages of guidance published under the imprint of the UKBA in April, even though it had been abolished a month earlier. On page 5 of that document, the applicant is told that she must also comply with E-DVILR, an appendix to the Immigration Rules, and other obscure requirements kick in for particular applicants. If the relationship is an informal one, the abused non-EEA partner is clearly even more vulnerable. The Black Women’s Rape Action Project says that the frequency of the abuse and the severity is often more extreme when the victim is an immigrant woman and even more so when she is not married and is in an informal relationship. Even worse, the victim’s presence in the UK becomes unlawful the moment she leaves the abuser. Informal relationship victims have nevertheless won cases before the First-tier Tribunal. I would like to ask my noble friend whether the Government will accept those decisions and amend Rule 289A accordingly.

The successive tightening of the screw on family migration, now being taken a stage further by the MoJ’s Transforming Legal Aid proposals, is not really aimed at saving money. It is part of the Government’s campaign to reduce net migration to below 100,000 by the time of the next election, an impossibility when at the same time we are seeking to attract more than the 206,000 students admitted last year. Family migrants accounted for under 10% of the total last year, but they and their British sponsors are being made to suffer in pursuit of what the Economist has called, “the Tories’ barmiest policy”.

Visas

Lord Avebury Excerpts

Monday 17th June 2013 Lords Chamber

[Lord Avebury]

My Lords, since the Secretary of State rightly disbanded the UKBA, what steps has she taken to address the dysfunctionality, not only in terms of immigration visas for visitors but throughout the whole system, to ensure that the immigration service universally provides an adequate service to people entering the United Kingdom?

[Lord Taylor of Holbeach]

My right honourable friend the Home Secretary is in Liverpool today addressing former UK Border Agency staff, and I have given a pretty clear indication that we want to make sure that, in future, this service reflects the needs of the customer.