Overseas Domestic Workers Visa
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Baroness Kennedy of Cradley
To ask Her Majesty’s Government what plans they have to implement the recommendations of the independent review of the overseas domestic workers visa published on 17 December 2015.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government are considering Mr Ewins’ recommendations very carefully. Our first concern is to ensure that we can both protect victims and bring perpetrators to justice. I have made it clear that we will return to this issue on Report of the Immigration Bill, with our considered views.
Baroness Kennedy of Cradley (Lab)
I thank the noble Lord, Lord Bates, for his reply. To be honest, it is disappointing to hear that, despite the Government having clear recommendations for action from their own review, which they commissioned during consideration of the Modern Slavery Bill, a further process of data collection and discussion with officials is proposed now that this issue is being raised as part of the Immigration Bill. Is this extra consultation the final hoop that we need to jump through, and will it be completed in good time for a final decision to be made on Report of the Immigration Bill?
Lord Bates
The report was published on 17 December, so we have had it during consideration of the Immigration Bill, which is obviously a more sensible legislative vehicle to carry any changes. James Ewins has put forward 34 recommendations, which we are looking at very carefully, and we appreciate his work. When we debated this in the Immigration Bill Committee last week, I said that, before Report, we would have a meeting of all interested Peers—with James Ewins—and the Government would produce their response and any proposed amendments to the legislation.
Lord Hylton (CB)
My Lords, the Minister has proposed a meeting on this subject and we are grateful for that. However, what is the point of having an independent, specialist review and then delaying implementing its conclusions and recommendations? Failure to act will surely prolong and continue exploitation and misery, whereas this could easily be remedied by modifying the immigration rules.
Lord Bates
That is one route. We are on the same track as the broad thrust of what James Ewins has put forward. He identifies some gaps in the data, and we recognise that that needs to be worked on. We need to consult, across Government, about the right approaches. However, there are some areas where we have a problem that we would like to focus on further. Our view is that the national referral mechanism is the correct vehicle for dealing with someone who is found to have been abused under the overseas domestic workers visa scheme. That ensures that the individual gets the help they need and that the National Crime Agency finds out who the perpetrator is, so that appropriate action is taken. However, we are on the same page on the broad thrust.
Baroness Barker (LD)
In light of this review, will the Minister tell us if, when an application is made, embassy or consular staff have the power to interview the person on whose behalf the application is made, outwith the presence of their employer, in the country of origin, before they reach the United Kingdom?
Lord Bates
We are trying a pilot on this in west African countries, which is not necessarily proving conclusive either way. Very importantly, we have instituted that a model contract should be in place governing the terms and conditions of employment, working hours, what holidays these workers would get and what rights they have when they are in the United Kingdom. That model contract must be in place before the visa is granted. It is also very important that people reporting abuse report it to the authorities here in the UK, so that if a person who has been guilty of abuse then applies for a further overseas domestic workers visa, that information will be known to the authorities.
Lord Rosser (Lab)
As the Minister will know, the Conservative Minister in the Commons said before the election that the intention was that whoever was in government would implement the recommendations of the James Ewins review. Yet last Wednesday in this House, the Government said that while they took Mr Ewins’ recommendations extremely seriously, the arguments are “finely balanced”. Is the reality not that the Government are seriously considering the option of not implementing his recommendations and, if not, what did the Government mean in saying last Wednesday that the arguments are finely balanced?
Lord Bates
When Karen Bradley mentioned this issue before the last election, I think that she prefaced those remarks by saying that no one can actually bind future Governments. The point here is that the purpose of the inquiry is to inform the debate and discussion within government, but government must reserve the right to look at the findings of the report and reach their own judgment. I would have thought that would be quite in keeping with the standards set by the Inquiries Act. I have said that we agree with the broad thrust. However, if someone goes through the national referral mechanism and the Salvation Army, they get access to accommodation, legal aid and translation services; more importantly, we also get the right to find out who the perpetrator of the crime is, to ensure that they can be appropriately dealt with. I would have thought we could all agree with that.
Lord Dholakia (LD)
My Lords, what remedies are available to domestic workers if the abuse is perpetrated by those who enjoy diplomatic immunity?
Lord Bates
We have been very clear on this. Where someone comes in on an overseas domestic workers visa—bearing in mind that some can come in through a tier 5 diplomatic visa—and abuse is reported to the authorities through the national referral mechanism, we have said that the Foreign Secretary will waive the right to diplomatic immunity so that there can be a prosecution in this country. We have been very clear on our intention to clamp down on abuse, particularly against women and girls.
Baroness Farrington of Ribbleton (Lab)
My Lords, the Minister said that no Government can bind successor Governments. Surely that would apply to any legislation before your Lordships’ House, because no one can bind a future Government. What is different about this case?
Lord Bates
I was just placing the quotation which the noble Lord, Lord Rosser, cited in the wider context of what Karen Bradley had said. The broad point is that we were the Government who were dealing with the issue at that time, introducing what became the Modern Slavery Act. There was huge input from your Lordships into that Act, and it is one of the pieces of legislation of which I am most proud, and so should your Lordships’ be. In it, we went a long way to addressing the concerns about overseas domestic workers by changing the visa permissions to give them the right to stay; by giving them, under Section 53, additional protections if they are found to have been abused; and by giving them legal aid under Section 47. This is the final piece in addressing this issue, and we want to take our time to make sure that we get it right.
Child Refugees
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The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government are at the forefront of the international response to the unprecedented migration flows into and across Europe. We want to stop the perilous journeys that migrants, including children, are making, which have had such terrible consequences. For the majority of refugees, of all ages, the clear advice from experts on the ground is that protection in safe countries in their region of origin is the best way of keeping them safe and, crucially, of allowing them to return home and rebuild their lives once the conflict is over. That is why we are providing more than £1.1 billion in humanitarian aid to the Syrian crisis. It is also why we have a resettlement scheme for the most vulnerable Syrian refugees. One thousand arrived before Christmas—around half of them are children. A further 19,000 refugees will be resettled by the end of this Parliament. Many of them will be children too.
Our resettlement scheme is based on referrals from the UNHCR. We are already considering referrals of separated children or orphans under the Syrian resettlement scheme where the UNHCR assesses that resettlement is in the best interests of the child. The UNHCR has a clear view that it is generally better for separated children and orphans to be helped within the region and to stay there as they are more likely to be reunited with their family members or taken into extended family networks. Last week, the International Development Secretary announced an additional £30 million for shelter, warm clothes, hot food and medical supplies, including for 27,000 children and babies. This assistance will be distributed to aid agencies including UNICEF, UNHCR, the Red Cross and the International Organization for Migration to support vulnerable people, including children on the move or stranded in Europe or in the Balkans.
We have heard calls for the UK to take more unaccompanied children from within the EU. The Prime Minister has committed to looking again at this issue and it is currently under review. Such a serious issue, potentially affecting the lives of so many, must be considered thoroughly and no decision has been taken at this stage. The UK Government are clear that any action to help and assist unaccompanied minors must be in the best interests of the child, and it is right that that is our prime concern. We take our responsibilities seriously and this issue is under careful consideration. When this work is completed we will update this House accordingly.
Lord Rosser (Lab)
I thank the Minister for repeating the Answer to the Urgent Question in the other place. We welcome the comments by the Government that they are looking again at the issue of child refugees in Europe. However, are the Government giving serious consideration to the call from NGOs such as Save the Children, and also from my noble friend Lord Dubs and other noble Lords in an amendment to the Immigration Bill to be debated next week, that the UK should offer refuge to 3,000 unaccompanied children in addition to the 20,000 Syrian refugees they have already committed to help? Are the Government also considering taking some of the 26,000 unaccompanied children who are in Europe today, and not just those from camps adjacent to Syria. The thought of any child genuinely alone in a foreign country without the basic necessities of life including protection and comfort, is completely unacceptable, particularly when they are vulnerable to trafficking, prostitution and other forms of abuse, and in some cases also face the prospect of simply disappearing completely. Finally, some of those children genuinely alone will have family here. Are the Government considering doing more to allow reunification of families?
Lord Bates
My Lords, apologies for confusing the procedure on Statements with Urgent Questions. I will deal with points in the reverse order to which they were raised by the noble Lord, Lord Rosser. First, the criteria for family reunion are set out in the Dublin regulations. They are currently under a period of review, but we will certainly honour the family reunion commitments under the existing Dublin arrangements. Regarding trafficking and the dangers, we are absolutely confident, in terms of the current Dublin regime, that all children—all adults, for that matter—arriving into the European Union should be identified with biometric passes at that point and recorded as such with as much data as are available. Once the data are there, at least that person is correctly identified. We have been providing support through the European Asylum Support Office in those regions to ensure that that recording of children and adults is going ahead.
I should say that the figure of 26,000 is an estimate of the number actually coming in to the European Union; the numbers are not held in one place. The Prime Minister is deeply concerned about that. This time last year, we had a couple of hundred coming in under the Syrian vulnerable persons resettlement programme. The Prime Minister announced that that was to increase to 20,000, and we brought in 1,000 before Christmas, 50% of whom were children. So we are not unmoved by that plea, but UNICEF and the UNHCR have seriously warned about the interests of the child being best served when they remain with wider family networks in the region, as that offers the best prospect for their safety and well-being once, as we hope, the conflict there is resolved.
Baroness Hamwee (LD)
My Lords, like others, I suspect, I would have welcomed a rather wider and more positive announcement about immediate steps to be taken for children not just from Syria but from Afghanistan, Iraq and Eritrea. When, as I hope we will, we get a positive announcement about the Government’s plans, will it include detailed proposals for everything that needs to be done to support the children whom we wish to welcome: funding and wider support for local authorities, training and support for social workers and, in particular, a focus on the availability of foster placements and support for foster parents, who will be dealing with very delicate situations?
Lord Bates
That is certainly the arrangement that we have under the Syrian vulnerable persons relocation scheme: they get that assistance, which comes out of the overseas development assistance budget in the first instance. We have a real problem with unaccompanied asylum-seeking children who are in the UK already, a high proportion of whom are in Kent. Funding is available to the authorities, and we will make sure that they have the resources necessary to provide the level of care that we expect under our international obligations, and our national obligations under the Children Act.
Lord Hylton (CB)
My Lords, I was in Calais in the “jungle” camp last Thursday—not, I add, in combination with the leader of the Opposition in the other place. The visit was organised by two leading Catholic social agencies, one in Britain and the other in France. It included meetings with three deputies of the French National Assembly. Will the Government provide legal routes to apply for asylum in this country for purposes of family reunion or for former employees of British Armed Forces?
Lord Bates
Certainly under Dublin there is a route for family reunion, which we honour and respect. Harrowing pictures come from the camp; I have not had the opportunity to visit. It is absolutely critical that the people in those camps claim asylum in France and therefore start to get care and attention that the children, in particular, need in France. We would encourage them to do that.
Lord Roberts of Llandudno (LD)
Does the Minister remember that on 2 December, the Prime Minister gave exactly that assurance to Tim Farron in the other place? That is seven weeks ago, seven weeks of torture under intolerable conditions for so many kids. We should move immediately on this, not waste a moment longer. They are children just like our children, and they deserve our concern and care.
Lord Bates
I agree, but it is more complex than that. The noble Lord follows these issues very carefully. He should know that when we talk to the UNHCR and UNICEF, they say that there are real dangers in taking children within the European Union and that the best place for them is in the camps in the region, where they can be considered and cared for in wider family units. We must listen to that, balance it and reach a decision, which the Prime Minister will do.
Viscount Hailsham (Con)
My Lords, I endorse the point made from the Liberal Democrat Benches about the availability of foster parents; that is very important. Furthermore, before the Government come to a concluded view, I hope that they will carry out an assessment as to how many adults not currently in the United Kingdom might have a claim under the human rights legislation to join unaccompanied children who are admitted here.
Lord Bates
Yes, there would be that—and, of course, one advantage of the Syrian resettlement programme as it is currently configured is that we relocate not just children but family groups into the UK. That is something to be appreciated. We will ensure that that study is carried out.
Lord Dubs (Lab)
My Lords, of course, what the Government are doing to support refugees in the camps in Jordan, Lebanon, Turkey and so on is good—and of course the 20,000 scheme is a good one, although far too small. But the winter is coming and there are children in European countries who are not being looked after, who are in danger of being trafficked and who might die in the winter. We do not have time to spare while the Government dither. Can we get on with it?
Lord Bates
We have been getting on with it. There is a relocation scheme for Europe, where they said that they would take 160,000. So far, as of today, they have managed to relocate 331,000. The Prime Minister said that we would take 1,000 before Christmas and 1,000 came—50% of them children. That is not dilly-dallying; that is taking action, but we want to make sure that it is always in the best interests of the child to do so.
The Lord Bishop of Durham
My Lords, I declare an interest as one of the co-chairs of the National Refugee Welcome Board. Is the Minister aware that the organisations Home for Good and Coram have somewhere between 9,000 and 10,000 families already offering to take unaccompanied minors? Of course, they have to have all the safeguarding checks and they will not all be suitable, but there is a vast body of people already willing to offer to help to resettle unaccompanied children in this country. The National Refugee Welcome Board is committed to working with the Government to try to help in that, with those organisations.
Lord Bates
That is a very generous welcome and one that we appreciate very much indeed. We are conscious that a lot of the people who are coming in the first wave are those who are most in need; those who have been victims of torture, with acute medical needs, and those most at risk. They may not be appropriate for the type of generous hospitality being suggested. But certainly as the scheme progresses we will very much want to call on that active and typical generosity on behalf of the British people.
Litvinenko Inquiry
Lord Bates Excerpts(8 years, 3 months ago)
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The Minister of State, Home Office (Lord Bates) (Con)
My Lords, with the permission of the House, I will repeat a Statement made in the House of Commons earlier today by my right honourable friend the Home Secretary.
“Mr Speaker, I would like to make a Statement about the death of Alexander Litvinenko on 23 November 2006, and the statutory inquiry into that death, which published its findings this morning. Mr Litvinenko’s death was a deeply shocking event. Despite the ongoing police investigation, and the efforts of the Crown Prosecution Service, those responsible have still not been brought to justice.
In July 2014, I established a statutory inquiry in order to investigate the circumstances surrounding Mr Litvinenko’s death, to determine responsibility for his death and to make recommendations. It was chaired by Sir Robert Owen, a retired senior High Court judge. It had the Government’s full support and access to all relevant material, regardless of its sensitivity.
I welcome the inquiry’s report today, and I would like to put on record my thanks to Sir Robert Owen for his detailed, thorough and impartial investigation into this complex and serious matter. Although the inquiry cannot assign civil or criminal liability, I hope that these findings will provide some clarity for his family, friends and all those affected by his death. I would particularly like to pay tribute to Mrs Marina Litvinenko and her tireless efforts to get to the truth.
The independent inquiry has found that Mr Litvinenko died on 23 November 2006, having suffered a cardiac arrest as a result of acute radiation syndrome caused by his ingestion of polonium-210 on 1 November 2006. He ingested the fatal dose of polonium-210 while drinking tea at the Pine Bar of the Millennium Hotel on the afternoon of 1 November 2006. The inquiry—which in the course of its investigations has considered “an abundance of evidence”—has found that Mr Litvinenko was deliberately poisoned by Andrey Lugovoy and Dmitry Kovtun, who had met him at the Millennium Hotel on the afternoon of that day.
The inquiry has also found that Lugovoy and Kovtun were acting on behalf of others when they poisoned Mr Litvinenko. There is a strong probability that they were acting under the direction of the Russian domestic security service—the Federal Security Service, or FSB. The inquiry has found that the FSB operation to kill Mr Litvinenko was probably approved directly by Mr Patrushev, the then head of the FSB, and by President Putin.
The Government take these findings extremely seriously—as I am sure does every Member of this House. We are carefully considering the report’s findings in detail and their implications. In particular, the conclusion that the Russian state was probably involved in the murder of Mr Litvinenko is deeply disturbing. It goes without saying that this was a blatant and unacceptable breach of the most fundamental tenets of international law and of civilised behaviour. But we have to accept that this does not come as a surprise. The inquiry also confirms the assessment of successive Governments that this was a state-sponsored act. This assessment has informed the Government’s approach to date.
Since 2007 that approach has comprised a series of steps to respond to Russia and its provocation. Some of these measures were immediate, such as the expulsion of a number of Russian embassy officials from the UK. Others are ongoing, such as the tightening of visa restrictions on Russian officials in the UK. The Metropolitan Police Service’s investigation into Mr Litvinenko’s murder remains open. I can tell the House today that Interpol notices and European arrest warrants are in place so that the main suspects, Andrey Lugovoy and Dmitry Kovtun, can be arrested if they ever travel abroad. In light of the report’s findings the Government will go further, and Treasury Ministers have today agreed to put in place asset freezes against the two individuals.
At the time, the independent Crown Prosecution Service formally requested the extradition of Mr Lugovoy from Russia. Russia refused to comply with this request—and has consistently refused to do so ever since. It is now almost 10 years since Mr Litvinenko was killed. Sir Robert Owen is unequivocal in his finding that Andrey Lugovoy and Dmitry Kovtun killed him. In light of this most serious finding, Russia’s continued failure to ensure that the perpetrators of this terrible crime can be brought to justice is unacceptable. I have written to the Director of Public Prosecutions this morning, asking her to consider whether any further action should be taken, both in terms of extradition and freezing criminal assets. These decisions are, of course, a matter for the independent Crown Prosecution Service, but the Government remain committed to pursuing justice in this case.
We have always made our position clear to the Russian Government, and in the strongest possible terms. We are doing so again today. We are making senior representations to the Russian Government in Moscow and at the same time will be summoning the Russian ambassador in London to the Foreign Office, where we will express our profound displeasure at Russia’s failure to co-operate and provide satisfactory answers. Specifically, we have demanded, and will continue to demand, that the Russian Government account for the role of the FSB in this case.
The threat posed by hostile states is one of the most sensitive issues that I deal with as Home Secretary. Although not often discussed in public, our security and intelligence agencies have always—dating back to their roots in the First and Second World Wars—had the protection of the UK from state threats at the heart of their mission. This means countering those threats in all their guises—whether from assassinations, cyberattacks or more traditional espionage. By its nature, this work is both less visible and necessarily more secret than the work of the police and the agencies against the terrorist threat, but it is every bit as important to the long-term security and prosperity of the United Kingdom.
The House will appreciate that I cannot go into detail about how we seek to protect ourselves from hostile state acts, but we make full use of the measures at our disposal from investigatory powers right through to the visa system. The case of Mr Litvinenko demonstrates once again why it is so vital that the intelligence agencies maintain their ability to detect and disrupt such threats.
The environment in which espionage and hostile state intelligence activities take place is changing. Evolving foreign-state interests and rapid technological advances mean it is imperative that we respond. Last November, the Chancellor announced that we will make new funding available to the security and intelligence agencies to provide for an additional 1,900 officers. In the same month, I published the draft investigatory powers Bill so that we can ensure that the intelligence agencies’ capabilities keep pace with the threat and the technology, while at the same time improving the oversight of and safeguards for the use of investigatory powers.
In the Government’s recently published national security strategy and the strategic defence and security review, we set out the range of threats to the UK and our allies, including from Russia, and our comprehensive approach to countering these threats. Since the publication of the previous SDSR in 2010, Russia has become more authoritarian, aggressive and nationalist. Russia’s illegal annexation of Crimea and its disturbing actions in Ukraine have directly challenged security in the region. These actions have also served as a sobering demonstration of Russia’s intent to try to undermine European security and the rules-based international order. In response, the UK, in conjunction with international partners, has imposed a package of robust measures against Russia. This includes sanctions against key Russian individuals, including Mr Patrushev, who is currently the secretary of the Russian Security Council.
This Government are clear that we must protect the UK and her interests from Russia-based threats, working closely with our allies in the EU and NATO. This morning I have written to my counterparts in EU, NATO and Five Eyes countries, drawing their attention to both the report and the need to take steps to prevent such a murder being committed on their streets.
We will continue to call on President Putin, and Russia, as one of the five permanent members of the United Nations Security Council, to engage responsibly and make a positive contribution to global security and stability. They can, for example, play an important role in defeating Daesh, and, together with the wider international community, help Syria work towards a stable future. We face some of the same challenges, from serious crime to aviation security, and we will continue to engage, guardedly, with Russia where it is strictly necessary to do so to support the UK’s national interest.
Sir Robert Owen’s report contains one recommendation within the closed section of his report. Honourable and right honourable Members will appreciate that I cannot reveal details of that recommendation in this House, but I can assure them that the Government will respond to the inquiry chair on that recommendation in due course.
Finally, I reiterate the Government’s determination to continue to seek justice for the murder of Mr Litvinenko. I repeat my thanks to Sir Robert Owen and, in particular, to Marina Litvinenko. As Sir Robert Owen says in his report, she has shown ‘dignity and composure’ and,
‘has demonstrated a quiet determination to establish the true facts of her husband’s death that is greatly to be commended’.
Mr Litvinenko’s murder was a truly terrible event. I sincerely hope that, for the sake of Marina and Anatoly Litvinenko, for the sake of Mr Litvinenko’s wider family and friends, and for the sake of justice, those responsible can be brought to trial. I commend this Statement to the House”.
My Lords, that concludes the Statement.
Lord Paddick (LD)
My Lords, I, too, thank the Minster for repeating the Statement made by the Home Secretary. The death of Mr Litvinenko, although it happened almost 10 years ago, is shocking and tragic, and we hope Marina Litvinenko and her son can find some solace in the findings of this report.
There are fundamental issues at stake here. Sir Robert Owen cites as the motivation for the murder of Mr Litvinenko his criticism of the Russian domestic security service and of the Russian President, Mr Putin, and his association with other Russian dissidents. He concluded that Mr Litvinenko may have been consigned to a slow death from radiation to “send a message”. Freedom of expression and freedom of association are fundamental human rights, and we cannot allow foreign Governments to murder people in this country, let alone a British citizen, for expressing such views or for associating with critics of a particular regime. Such an act cannot be left without serious consequences for Russia.
We acknowledge with gratitude the role of the security and intelligence services and the police in keeping us safe, and we accept the Home Secretary’s assertion that some of the work the security and intelligence services carry out in combating the threat from hostile states must remain secret. We also acknowledge the constant struggle the police and the security services face in trying to keep abreast of developments in technology. Any increase in investigatory powers must none the less be necessary and proportionate and must not unnecessarily undermine the right to free speech and the right to private and family life.
Will the Minster explain how the conclusions of this report have come as such a surprise to the Government that it is only this morning that the Home Secretary has written to the Director of Public Prosecutions asking her to consider whether further action should be taken? It is the Government who should already have taken action in freezing the assets and banning the travel of all those linked to this murder. I accept that a head of state cannot be subjected to a travel ban, but there is no reason why the Government cannot signal their intention to impose one as soon as Mr Putin leaves office.
Why are the Government limiting themselves to expressing their “profound displeasure” at Russia’s failure to co-operate and provide satisfactory answers? Why are they not expressing their outrage that state-sponsored murder by Russia to silence its critics has been carried out on British soil? The Government’s response is late, lame and lamentable.
Lord Bates
I am grateful for the points made on this report by the official spokesmen for the opposition parties. The noble Lord, Lord Rosser, is absolutely right to say that it is a substantial report, and it is right, given that it has been a thorough exercise to undertake this study, that we give it due consideration before we come forward with all our recommendations. He is also right to point to the sections of the report that talk about the exemplary Metropolitan Police Service investigation into this crime, and I know that that will be welcomed as well by the noble Lord, Lord Paddick. Often in such circumstances the police are criticised, but the chair of the inquiry goes out of his way to point out how exemplary they have been.
The noble Lord is right also to pay tribute to the legal team involved in this, and to ask about the security of individuals. The security of individuals is of course first and foremost the responsibility of the police with, where necessary, advice from the security services. We are confident that the police will be looking at the situation very carefully, particularly for individuals who may be at risk.
The noble Lord, Lord Rosser, asked if the Home Secretary will meet Marina Litvinenko, and the answer to that is absolutely. The Home Secretary wrote to Marina Litvinenko last night, and she was provided with advance sight of the report so that she could prepare her responses to it. That meeting will take place very shortly. When it does, that will be the appropriate time to consider Marina Litvinenko’s list of names on which she feels further action should be taken. Following that meeting, I will be happy to update the noble Lord and the House on what actions have been taken.
The noble Lord talked about what actions would be taken and whether we would be recalling our ambassador. At present—of course, we are only dealing with the report that has been received now—we certainly feel that the diplomatic channels have immense value in communicating to the Russian authorities our shock and outrage at this incident, which did not just involve the murder of a British citizen in the capital of the UK but involved the use of radioactive material that could have had a lethal effect upon many more people. In fact, some of the most disturbing parts of this entire report are those that show how lazy the two people who carried out this crime were and how unaware they were of the danger of the material that they were handling. There are examples of spills that were mopped up with towels. It was horrific behaviour and incredibly irresponsible, and it is amazing that only one person died as a result of it.
On the points made about this by the noble Lord, Lord Paddick, I understand the frustration that will be felt but I draw his attention to appendix 1 of the report, which sets out in some detail the action that was taken. The Home Secretary has taken the action of writing to the Director of Public Prosecutions; following the conclusion of the report, we believe that that is the right course of action. The arrest warrants were issued under the previous Labour Government in 2006 and 2007—very prompt action was taken. Further action has also been taken in the light of the events in Crimea and Ukraine through the European Union, which has gone to the heart of some of the issues which were touched upon as regards cultural and commercial links. The European Union has frozen the assets of five banks, looked at commercial restrictions—and arms embargoes, as one would expect—as well as restrictions on movement. On whether there is more to be done, that is one of the reasons why the Home Secretary has written to her EU counterparts and will continue those discussions in the Justice and Home Affairs Council to see what more can be done, as well as through NATO, to see what more can be done there.
Ultimately, our objective is to ensure that the two people clearly identified as having carried out the murder are brought to the United Kingdom so that they can stand trial and so that the Litvinenko family can get justice for the crime which has been committed. We will not rest or resile from that commitment.
Lord Bates
I certainly echo the noble Lord’s remarks and pay tribute again to the work of the Metropolitan Police Service. I also pay tribute to the work of the Cyclamen network, which tracks nuclear materials as regards potential terrorist threats, as well as the Atomic Weapons Establishment, which provided important scientific input into the inquiry by identifying what had happened. I am therefore happy to endorse those remarks and confirm my agreement with them.
Lord Judd (Lab)
My Lords, I think many of us in this House on all sides will want to congratulate the Government on their firm Statement and in particular to thank Sir Robert for the clear and detailed work he has done and for his honest, forthright report. Particularly in view of what the Minister has just said about the wider implications as regards the lethal radioactivity spread around the capital, London, its transport system and the rest, how will the Government raise this matter in the Security Council of the United Nations, with fellow Governments in the European Union, and, most particularly, in the Committee of Ministers in the Council of Europe? The Council of Europe is of course committed to human rights, and we have a very good opportunity there with other Ministers to put the Russians under close scrutiny as regards this report. I was rapporteur for some years to the Council of Europe on the conflict in Chechnya, and what has happened here is all too characteristic of the gruesome repeated action I came up against in Chechnya and in the north Caucasus in general.
Lord Bates
References to that engagement in Mr Litvinenko’s background in Chechnya are contained in a report, which makes very interesting reading. The noble Lord asked about the UN Security Council. There are issues that could be addressed through that forum, but the fact that Russia is a permanent member of it makes some of the discussions that need to be had a little more difficult. However, we have said that the European Union plays a crucial part in our security here, and we have made it clear that NATO also plays a very important part, as do the Council of Europe and the Organization for Security and Co-operation in Europe. We need to get the message out that this is unacceptable and to communicate that as widely as possible.
Lord Cormack (Con)
My Lords, my noble friend has rightly paid tribute to the courage and dignity of the widow and the bereaved son. Can he give the House an assurance that he is utterly confident of their security in this country and of their financial security for the future?
Lord Bates
That is a very good point, and it is characteristic of my noble friend to focus on the humanitarian aspects of this matter. I do not have a sufficient understanding of the situation but I give an undertaking to ensure that it is on the agenda when the Home Secretary meets Marina and Anatoly Litvinenko to make sure that any personal needs they have are met.
Lord Ashdown of Norton-sub-Hamdon (LD)
My Lords, the Minister mentioned Syria. I do not understand why we regard it as necessary to be weak on the rule of law at home in order to persuade Russia to do what is in its national interests in Syria. I am sorry to strike a dissenting note to the general tenor so far, but in my view this Statement pretends to roar like a lion but in fact ends up squeaking like a mouse. There is only one new action, and that is to freeze the assets of the two perpetrators, who have no assets in Britain anyway, and shortly to be rude to the Russian ambassador. That is it. Moscow has been found by a British court to have murdered a British citizen using a nuclear weapon in daylight and in public in our capital city, and that is it. Perhaps I may suggest to the Government that they should go away and consider what further action should be taken. When they do so, perhaps they will bear in mind what Mr Putin would do if the tables were reversed and perhaps frame their actions around that.
Lord Bates
We might not go quite that far with Mr Putin as a role model for action. In a sense, I understand the point that the noble Lord is making, but let us remember that this report has come out into the open. It contains some damning verdicts on the Russian Administration, on the FSB and on the Russian President himself, and it poses a number of questions in the international community which we have said need to be answered. I think that the report itself is a step along the path of ensuring that we get justice in relation to this crime and of making sure that it does not happen again.
Baroness Berridge (Con)
My Lords, the Minister has outlined the carelessness with which this material was treated here in the United Kingdom. With regard to how this material came to enter the country in the current security context, can he say whether there are proposals to review the systems that we have in place? We are used to being checked thoroughly as we go out of the country but it seems that we do not have any systems for checking that people do not enter the country with this kind of material. Do we need any such systems?
Lord Bates
The Cyclamen co-ordination group, which works with the Border Force and the security services in tracking down this material, does a lot of work in this area. Sections of the inquiry findings point to the fact that, because polonium-210 consists of large molecules, it is extremely difficult to detect through the normal detection methods. We will have to look at that to ensure that we are better at detecting this type of material when it crosses borders or is used within the UK—or anywhere else, for that matter—in the future.
Lord Hayward (Con)
In his comments, my noble friend emphasised that he wanted to ensure that the two perpetrators were brought to justice in this country. I heard the Russian ambassador earlier today trying to rubbish the report on the basis that it was written without having been tested in a court. Will my noble friend take this opportunity to send a further message to the Russian ambassador that we are quite willing for these two individuals to be tried in a British court of justice and, if necessary, will he give consideration to the process that was undertaken for Lockerbie to protect those individuals until that process is complete?
Lord Bates
I am very happy to do that. Of course, that is what we are aiming for. That is the direction and thrust of our policy. We want those two individuals to come to the UK so that they can be put on trial and all the evidence can be put to them, they can seek to defend themselves and a judgment can be made.
Lord Wallace of Saltaire (LD)
My Lords, does the Minister think it possible or even likely that the polonium could have entered Britain in a diplomatic bag?
Lord Bates
The report does not go into that level of detail—or certainly not the parts that I have read. That is something that will be examined very carefully because, again, that would ratchet up this issue to a further level of deep concern.
Lord Rea (Lab)
I am sure that Marina Litvinenko is extremely pleased that this inquiry was held and that the findings are so definite, but she would be even more pleased if the findings could be tested in law with regard to the two main suspects being accused. Although it seems impossible to get them to come to this country, would there not be a precedent for having a trial in absentia?
Lord Bates
I am afraid that I am not qualified to know whether that is an option. I think that it would be immensely difficult. In effect, there has been an inquiry without their contribution. The evidence was considered and it has produced a pretty damning judgment. As to what the legal options are, I hope that the Director of Public Prosecutions might be able to come forward with something in response to the Home Secretary’s letter.
Immigration Bill
Lord Bates Excerpts(8 years, 3 months ago)
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The Minister of State, Home Office (Lord Bates) (Con)
After the remarks made by the noble Lord, Lord Best, I am tempted to say that I invite the noble Baroness to consider withdrawing her amendment at this stage. The noble Lord gave an authoritative and insightful perspective on the process. As this is the first time that we have come to residential tenancies, for the benefit of the Committee I should put on the record that my wife owns properties that are rented in the private sector. It is not something that is required to be listed in the register but, out of courtesy to the Committee, I make your Lordships aware of that.
Amendment 148 would extend the existing requirement on the Secretary of State to issue a code of practice that specifies what a landlord or agent should or should not do to avoid contravening the Equality Act 2010. It would then relate to all protected characteristics set out in the Equality Act. Amendment 151 would require that, before the offences of leasing premises in this Bill are commenced, the Government should lay before Parliament a report of the impacts of the restrictions on illegal migrants accessing the private rented sector which were introduced in the Immigration Act 2014 in relation to discrimination and the ability of those lawfully residing in the UK to access rented accommodation where they have neither a passport nor a driver’s licence.
Amendment 159 would require an evaluation to be made of the effect of the measures in the first phase area. This would have the effect of delaying any extension of the right-to-rent measures in the Immigration Act 2014 from the first phase area in the West Midlands until at least 1 December 2019. The Government take their duties to have due regard to the need to eliminate all forms of discrimination very seriously. The Government have published the policy equality statement and the evaluation of the right-to-rent scheme. The evaluation found no hard evidence of discrimination where the right-to-rent scheme had been commenced, or, indeed, when that area was compared against others, as the noble Lord, Lord Best, outlined. The evaluation also found no evidence that people who lacked a passport or driver’s licence suffered additional barriers.
The Government have given the fullest consideration to the findings of the evaluation and worked with the landlords consultative panel to ensure that the rollout is taken forward, bearing in mind the lessons learned. There is a list of acceptable documents for the right-to-rent checks, which sets out a broad and comprehensive set of options. This can be used by prospective tenants who do not possess a passport or driving licence to provide evidence of their right to rent. It has recently been revised further in consultation with bodies representing landlords, agents, local authorities and the housing charities Crisis and Shelter.
The code of practice that has been published addresses the concerns raised when the Immigration Act 2014 was passed that the right-to-rent scheme might inadvertently result in increased discrimination on the grounds of race. It provides guidance to landlords and agents in avoiding such discrimination. The Government do not believe that there is potential for the right-to-rent scheme to result in increased discrimination on other equality grounds.
Amendment 159 is at variance with the Government’s concerns that the measures should be implemented across the country with the minimum of delay. The Government are already committed to extending the scheme across England on 1 February and the order extending the scheme from that date has already been laid before Parliament.
In implementing the scheme, the Government have engaged with a panel of experts comprising representatives of landlords’ and agents’ associations, homelessness groups and the Equality and Human Rights Commission, as well as local authorities in the areas concerned. We are confident that we have designed measures that will meet the intended objectives.
Having put those remarks on the record, I come to the points raised in the course of the debate.
Baroness Sheehan
Would the Minister talk about whether he thinks a sample size of 23 people who are visibly from an ethnic minority is a sensible basis on which to base this evaluation?
Lord Bates
I will of course come to that. I realise that there are some very detailed questions and I am certainly not skipping past them, but I wanted to put on record the Government’s response to the amendments before turning to the matters raised in the debate.
There are some interesting points here, the first of which is that, while this scheme has been rolled out into the private sector, the requirement to prove identity has been in operation in the social sector. It was introduced by the Labour Government in the Immigration and Asylum Act 1999. It provides a duty on local authorities to check that those entering social tenancies have a right to be in the UK. Indeed, it goes further and places a duty on local authorities to notify the Home Office where they come across people who do not have a right to be in the UK. What is new is that that requirement is being applied to the private sector.
On the criticism of the independence of the office of evaluation—a point made by my noble friend Lord Deben and a number of noble Lords—the Home Office Science evaluation had scrutiny of the consultative panel co-chaired by the noble Lord, Lord Best. It might be helpful for the Committee to have on record the members of the landlords consultative panel, co-chaired by James Brokenshire and the noble Lord, Lord Best. The representatives included: the Association of Residential Letting Agents; the UK Association of Letting Agents; the Residential Landlords Association; the National Landlords Association; the Royal Institution of Chartered Surveyors; the Department for Business, Innovation and Skills; the Department for Communities and Local Government; the Equality and Human Rights Commission; the boroughs of Sandwell, Dudley and Walsall; the National Approved Letting Scheme; Birmingham and Wolverhampton city councils; Universities UK; and Crisis.
Lord Deben
I did not criticise this as not being an independent group. My point was that the work should go on for longer before it is assessed, perhaps by the same group. It is not a question of complaining about the independence of the group; I fear that there has not been sufficient time to be able to draw the kind of conclusions which have been drawn. I think that is precisely what the noble Lord, Lord Best, indicated—that it would have been better to have had a longer period. All I was suggesting was that if you had a longer period and then had the independent assessment that would be better, given what a serious matter this is.
Lord Bates
I am very happy to take that further. First, it is worth pointing out that landlords already undertake a number of checks. It is standard for them to check people’s identity to determine whether they are who they say they are. They take up credit references. It is standard to take up references from previous landlords to determine whether the tenants are suitable people. They require proof of employment. Therefore, a number of checks are already required. Establishing that somebody has a right to be in the UK and has the appropriate documents should be done already under best practice. However, I shall address some of the practical points about how we communicate this change.
I return to the point about the robustness of the research because that was raised by a number of noble Lords. A wide range of research tools have been used, including 17 online surveys with 539 responses. They were just part of the exercise. There were 12 focus groups and 36 one-to-one interviews. In addition, a total of 332 mystery shopping encounters were completed. The evaluation has been overseen by the consultative panel to which I referred. The Home Office has not made claims about how representative the tenants’ survey was as it was administered via mailing lists and web links, and therefore we do not hold detailed responses on that. Research was carried out with landlords’ letting agents. The landlords’ survey had 137 completed responses, 114 of which related to landlords with properties in the phase one area. The tenants’ survey had 70 completed responses, 68 of which related to tenants in the phase one area. As regards the robustness of the research, multiple methodologies were used to understand the impact of the scheme in its first six months between 1 December 2014 and 31 May 2015. It reached multiple stakeholder groups—I know that is the concern of my noble friend Lord Cathcart—of landlords, letting agents, housing associations and other voluntary and community sector organisations, including local authorities. I can also provide further details about the research if that would be helpful.
Baroness Lister of Burtersett
To save the noble Lord from jumping up and down, our concern is that this could affect some people who have a perfect right to be here, such as British citizens—this is part of the point that the noble Baroness was making about people who are homeless. Vulnerable and disadvantaged groups—I talked about women fleeing domestic violence—may simply not have the evidence. A landlord who is in a hurry, and if there is great competition for space, is more likely to take the person who has all the documentation right at hand. It is not just between people who are not supposed to be here and people who are, because actually other groups are vulnerable to the unintended discriminatory consequences as well.
Lord Bates
I hear that. I am making the point that private sector landlords, in doing their due diligence on the person they are renting to, will already require a great deal of detail or proof of who they are and that they have a right to be here. It would surely be in their own interests. If they were letting out their property to someone who had no legal right to be here, they might find that that person disappears and they are left out of pocket. This is eminently sensible in terms of due diligence on the behalf of landlords, as well as being widely consistent with making it more difficult for individuals who are here illegally to operate, in terms of bank accounts, driving licences and employment. The evaluation found very little evidence that British citizens with limited documentation were experiencing problems as a result of the scheme.
With regard to the unacceptable burden of checks, landlords are being asked to take responsibility for ensuring that prospective tenants have a right to rent in the UK by carrying out simple document checks; where necessary, in a small number of cases, making a report to the Home Office. This supports the work of the Government to make it more difficult for illegal migrants to reside here unlawfully and to stop them accessing services to which they are not entitled.
The noble Baroness, Lady Lister, mentioned domestic abuse. She said that victims who do not have documents will struggle. In August 2015 the noble Baroness, Lady Williams of Trafford, announced a £3 million fund for 2015-16 to address any gaps in the provision of specialist accommodation-based support for victims of domestic abuse.
The noble Lord, Lord Deben, asked who should be checked. The answer is any adults who will be taking up the accommodation as their main or only home in the UK. This means all adult occupants, not just those who may be the named tenants.
The noble Baroness, Lady Sheehan, asked about evidence of stolen documents. If a document is stolen, a letter from a UK police force confirming that the holder is the victim of a crime and personal documents have been stolen, stating the crime reference number and issued within the past three months, would be acceptable.
I have covered the point on domestic violence. The Home Office will be aware of who is applying for leave to remain under paragraph (289A) of the Immigration Rules as a victim of domestic violence. It will refer to the national referral mechanism to ascertain who has been the victim of human trafficking. Permission to rent will not be denied to such persons.
In answer to another point made by the noble Lord, Lord Deben, the landlords’ survey included a broad range of landlords with different sizes of properties and portfolios. Focus groups also included small-scale, informal landlords, including those renting a single room. I was asked about fees. The report noted:
“However amongst the focus groups with informal tenants it was suggested that the charging of fees by some agents was common practice. This was not due to the Right to Rent scheme, but had been a long-standing practice—especially in areas where demand exceeds supply”.
I think that I have covered the points about homelessness and students. I say to the noble Baroness, Lady Sheehan, that we have worked with Crisis and Shelter in developing the list of acceptable documents for the right-to-rent checks.
Baroness Sheehan
I want to put more about the evaluation on record. We have heard a lot from the noble Lord, Lord Best, about his experience on the evaluation committee, but Crisis was also a member of that Home Office panel, and its assessment is very different. It is very concerned that,
“the harsh penalties for landlords who fail to evict tenants who don’t have the correct immigration status will compound the effect of the previous Immigration Act and make landlords much more ‘risk averse’ and less likely to rent to people who may not have easily recognisable documentation such as homeless people, as well as leading to increased discrimination against foreign nationals and people of black and minority ethnic backgrounds”.
I also had a meeting with the Residential Landlords Association, which said that its fears had been allayed. It was really quite concerned about its members who rented to students and that large student accommodation would be exempt. So while I know that landlords’ concerns have mostly been put to rest, let us please not forget the concerns of people who are dealing with the more vulnerable groups, such as the homeless and the not so well-off immigrants.
Lord Bates
That is an important point. Students are of course exempt because their right to be in the UK will have been checked by their university in granting them accommodation. The fact that they are exempt is because those checks are happening, and the social sector is exempt because the checks are happening there. All we want is for those checks to happen in the private sector as well.
Lord Kennedy of Southwark
Can the Minister say a bit more about who is doing the evaluations? The points that the noble Baroness, Lady Sheehan, and the noble Lord, Lord Best, have made clearly could not be further apart.
Lord Bates
In that respect I might suggest that the partial solution which we came across for our last debate, which was on overseas domestic workers, was to look at organising a meeting in between Committee and Report. However, it would probably be more useful for the House to have the noble Lord, Lord Best, at such a meeting if he were willing to meet with colleagues on that basis. We would certainly be happy to facilitate one to explain more about the process, but we have tried to be as transparent as possible about this. It has been a long trial and there has been a thorough evaluation. It will also continue to be under review because this is not the completion of the process; we are simply talking about moving to the next stage of rollout, which is to England. There will be further opportunities for evaluation thereafter. I hope that, with those suggestions, I might have prevailed upon the noble Baroness to withdraw her amendment at this stage.
Baroness Hamwee
My Lords, I will want to go back and read what the Minister had to say about protected characteristics, so I will not spend time on that. I am not surprised that he does not agree with my Amendment 159—that is self-evident.
I would not for a moment accuse the Government of not being transparent on this. It is no secret at all that his party, in the last Government, did not want to have a pilot but to roll the scheme out right across the country immediately. We have information which has been the basis of the argument against rolling it out further. The points made by the noble Lord, Lord Deben, are unanswerable.
Lord Kennedy of Southwark
My Lords, this group of amendments contains some very sensible protections for landlords, who could find themselves in difficulties and at risk of prosecution and a fine, imprisonment or both, although they have taken all reasonable precautions and have no intention of breaking the law. Landlords, as has been said before, are not immigration officers. One of the concerns about this section of the Bill is that people will take reasonable precautions but will still find themselves in difficulties and possibly at risk of prosecution.
The amendment in the name of the noble Lord, Lord Howard of Rising, is both simple and effective, and he has made a compelling case here today: the landlord would not commit an offence if they had taken reasonable steps and there was no reasonable cause not to believe that other persons who met the first and second conditions were residing at the property.
Amendment 149 seeks to afford landlords protection when they are prohibited from evicting a tenant under new Section 33D(4), and Amendment 150, in the name of the noble Earl, Lord Cathcart, would protect landlords who were acting diligently to evict people who were disqualified as a result of their immigration status. Again, the noble Earl has made a compelling case as to why the amendment should be supported.
I have no issue with Amendment 153 in the name of the noble Lord, Lord Bates. The remaining amendments are in the names of my noble friend Lord Prosser, myself and the noble Baroness, Lady Hamwee. These important amendments would ensure that individuals and families could be evicted only following due legal process, by removing from the Bill the provisions to grant new and extensive powers to landlords outside the oversight of the courts. I say to the Minister that the Government really are creating a very difficult situation here. This whole part of the Bill puts significant pressure on landlords, with tough penalties and little protection, along with extensive new powers with no oversight by the courts.
There is a real risk here, as has been said by other noble Lords, that landlords will just not rent the property to anyone who looks as though they might be more of a risk, and great injustices could take place. To make it worse, the courts are to be excluded from the process of evicting people if they are resident in a property. This is not right, and the Government are going to have to make some movement on these matters again. I hope the Minister will agree to meet Peers who are interested in these matters and campaigners before we come back on Report.
Lord Bates
My Lords, I shall speak to Amendment 153 in my name and respond to the amendments spoken to by noble Lords. Government Amendment 153 provides powers for the Secretary of State to prescribe the form of the notice that the landlord must serve in relation to the eviction powers in new Section 33D, and the manner in which it is served. This amendment provides clarity and consistency to landlords, tenants and High Court enforcement officers about the circumstances in which High Court enforcement officers will be permitted to enforce a notice. The Secretary of State may prescribe the form or forms to be used by order, subject to the negative procedure.
I understand the concern that has been expressed thoughtfully and passionately, particularly by my noble friends Lord Howard of Rising and Lord Cathcart, that reputable landlords who have made a mistake or been deceived would be committing an offence immediately when they receive a notice from the Home Office that a tenant is disqualified from renting. However, I reassure them that the focus of these measures is on the minority of rogue landlords who deliberately flout the law. They are the intended target of the legislation, as the noble Lord, Lord Best, said in his excellent summary on the previous amendment. They are not intended to be used against reputable landlords who may have made a genuine mistake. In fact, if we look at the Bill in its present form, new Section 33A(3) says that the condition for an offence to be committed,
“is that the landlord knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified as a result of their immigration status”.
That threshold of proof, “knows or has reasonable cause to believe”, is very high.
The offences in the Bill are to do with landlords and agents knowingly renting to illegal migrants or doing so when they have reasonable cause to believe that they are doing so. They are not strictly about a failure to evict. While a desire to safeguard the position of responsible landlords is understandable, it would not be right to afford a grace period of 28 days to the worst offenders, such as the one that would result from Amendment 149. Such landlords deliberately rent to and may also exploit illegal migrants. Likewise, it would be difficult to be certain in any particular case what would constitute “proceeding diligently” for the purposes of Amendment 150. I am concerned that this would also provide rogue landlords with a way to avoid prosecution.
Amendment 148A is unnecessary because, under the right-to-rent scheme introduced by the Immigration Act 2014, the landlord should perform document checks to a reasonable standard. Should they do so, they will not be liable to a civil penalty, nor will they be subject to prosecution under this legislation unless they are explicitly notified or become aware when they undertake subsequent checks that an occupant is an illegal migrant.
Lord Kennedy of Southwark
Nobody here wants to protect the rogue landlords—all these amendments are about protecting the good landlords and they relate to genuine concerns about that. It would not be the first time that mistakes were made; people get things wrong, officials get things wrong. We are trying to ensure that we protect the good landlords, not the rogue ones.
Lord Bates
I accept that, and the noble Lord is making a genuine point. Certainly that is the intent, as we have said, behind the legislation. If evidence comes to light during the passage of this legislation through this House that that may not be the case, clearly the Government will want to take note of that, because it is explicitly not the intent to catch the vast majority of genuine landlords. There are a small number of rogue landlords.
Earl Cathcart
I am sorry to interrupt again. I understand the issue about rogue landlords, and of course one wants to catch them and not the good landlords. Will the Minister say whether he will consider my idea of clear guidance from the Director of Public Prosecutions? To that effect, I listed four things that he might consider.
Lord Bates
The Home Office will investigate this and present cases to the Crown Prosecution Service for a decision about whether to prosecute, and resources will be targeted at the most serious offenders. The intention behind the measures, which is that they should be used only against those landlords who deliberately and consistently flout the law, has been stated unequivocally by Ministers during the passage of the Bill. However, I give an undertaking that I will be very happy to meet my noble friend, officials and other interested Peers to discuss whether there are gaps or particular remedies as regards guidance that could be brought forward.
Lord Howard of Rising
I very much welcome the chance to meet my noble friend to discuss this. I point out, with regard to the guidance—the Explanatory Notes—my noble friend keeps talking about landlords doing the checks, but it specifically says in the guidance to the Bill that it,
“applies where any adult is occupying the premises, regardless of whether the adult is a tenant under or is named in the agreement”.
We are not saying that there is a problem where people have been able to do checks, but that where somebody comes in, the guidance specifically says that those people have to be monitored—and I do not know how my noble friend expects landlords to monitor them. We are not a police force. That is a really important point. The other thing is that whatever anybody says—the noble Lord or my noble friend Lord Best—I cannot think of any legislation that is not abused sooner or later by somebody.
Lord Bates
We need to avoid creating an unintentional loophole that effectively says, “We’ll ask no questions and we won’t contravene the proposals in this legislation”. That cannot be right. I would imagine that most landlords would want to know who was occupying their property. In the event that a property is the subject of subletting agreement, at that point there would of course be a liability to carry out the background checks, which would fall to the people who have made the decision to sublet. However, making a general exemption in those circumstances could create an unwelcome loophole.
Lord Bates
Baroness Hamwee
I will move Amendment 158 very briefly. This amendment came about as a result of the report of the Delegated Powers and Regulatory Reform Committee. I will not explain the detail of the clause because I am aware that the Minister intends to make a full response to the DPRR report—as I understand it, before Report. I am moving this amendment in order to ask that we get that response in reasonable time just in case we do not agree with what the Government have to say. If that is the case, we may want to use Report stage as the last opportunity to put down an amendment similar to this one. I beg to move.
Lord Bates
My Lords, Clause 16 gives the Secretary of State the power to make such regulations as are appropriate to extend the residential tenancies provisions, as set out in the Immigration Act 2014, to Wales, Scotland and Northern Ireland. It is entirely right that there is provision to make such an extension throughout the United Kingdom as the residential tenancy provisions in this Bill are for the purposes of immigration control, which is a matter reserved to the UK Government.
Amendment 158 seeks to remove the provision for regulations under Clause 16 to confer functions on any person. In order to make appropriate provision that applies in Wales, Scotland and Northern Ireland, it may be necessary to confer functions on a person—for example, the Secretary of State for the Home Department or an immigration officer—under those regulations. The provision in the Bill is helpful as it makes it clear what can be done under these regulations. Removing the provision would serve no useful purpose and would lead to an unhelpful lack of clarity.
I note that the Delegated Powers and Regulatory Reform Committee’s 17th report of Session 2015-16 has drawn attention to some aspects of the Bill but not to this specific provision. As the noble Baroness has asked us to do, we will certainly provide a full response to the committee’s report and also, of course, make sure that Members of your Lordships’ House have a copy of the response before Report. I therefore ask the noble Baroness to consider withdrawing the amendment but to note the further consideration being given by the Government to the points raised by the Delegated Powers and Regulatory Reform Committee.
Immigration Bill
Lord Bates Excerpts(8 years, 3 months ago)
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Lord Bates
“ScheduleFunctions in relation to labour marketEmployment Agencies Act 1973 (c. 35)1 The Employment Agencies Act 1973 is amended as follows.
2 Before section 9 insert—
“8A Appointment of officers
(1) The Secretary of State may—
(a) appoint officers to act for the purposes of this Act, and(b) instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes.(2) The following are relevant authorities—
(a) any Minister of the Crown or government department;(b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.”3 (1) Section 9 (inspection) is amended as follows.
(2) Before subsection (1) insert—
“(A1) This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
(3) In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “acting for the purposes of this Act”.
(4) In subsection (4)(a), in each of subparagraphs (ii) and (iii), for “or servant appointed by, or person exercising functions on behalf of, the Secretary of State” substitute “acting for the purposes of this Act,”.
National Minimum Wage Act 1998 (c. 39)4 The National Minimum Wage Act 1998 is amended as follows.
5 In section 13 (appointment of officers for enforcement)—
(a) in subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “relevant authority for officers of that authority to”;(b) after subsection (1) insert—“(1A) The following are relevant authorities—
(a) any Minister of the Crown or government department;(b) any body performing functions on behalf of the Crown; (c) the Gangmasters and Labour Abuse Authority.”6 In section 14 (powers of officers) before subsection (1) insert—
“(A1) This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
Modern Slavery Act 2015 (c. 30)7 The Modern Slavery Act 2015 is amended as follows.
8 Before section 12 (but after the italic heading before it) insert—
“11A Enforcement by Gangmasters and Labour Abuse Authority
(1) The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.
(2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
9 (1) Section 15 (slavery and trafficking prevention orders on application) is amended as follows.
(2) In subsection (1)—
(a) omit the “or” after paragraph (b);(b) after paragraph (c) insert “, or(d) the Gangmasters and Labour Abuse Authority.”(3) In subsection (7)—
(a) for “or the Director General”, in the first place it occurs, substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or the Director General”, in the second place it occurs, substitute “, the Director General or the Authority”.(4) In subsection (8)(b)—
(a) for “or the Director General”, in the first place it occurs, substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or the Director General”, in the second place it occurs, substitute “, the Director General or the Authority”.10 In section 19(7) (requirement to provide name and address)—
(a) for “or an immigration officer” substitute “, an immigration officer or the Gangmasters and Labour Abuse Authority”;(b) for “or the officer” substitute “, the officer or the Authority”.11 (1) Section 20 (variation, renewal and discharge) is amended as follows.
(2) In subsection (2), after paragraph (f) insert—
“(g) where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.”(3) In subsection (9)—
(a) for “or the Director General”, in the first place it occurs, substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or the Director General”, in the second and third places it occurs, substitute “, the Director General or the Authority”.12 (1) Section 23 (slavery and trafficking risk orders) is amended as follows.
(2) In subsection (1)—
(a) omit the “or” after paragraph (b);(b) after paragraph (c) insert “, or(d) the Gangmasters and Labour Abuse Authority.”(3) In subsection (6)—
(a) for “or the Director General”, in the first place it occurs, substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or the Director General”, in the second place it occurs, substitute “, the Director General or the Authority”.(4) In subsection (7)(b)—
(a) for “or the Director General” substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or Director General” substitute “, the Director General or the Authority”.13 In section 26(7) (requirement to provide name and address)—
(a) for “or an immigration officer” substitute “, an immigration officer or the Gangmasters and Labour Abuse Authority”;(b) for “or the officer” substitute “, the officer or the Authority”.14 (1) Section 27 (variation, renewal and discharge) is amended as follows.
(2) In subsection (2), after paragraph (f) insert—
“(g) where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.”(3) In subsection (7)—
(a) for “or the Director General” in the first place it occurs, substitute “, the Director General or the Gangmasters and Labour Abuse Authority”;(b) for “or the Director General” in the second and third places it occurs, substitute “, the Director General or the Authority”.15 After section 30 (offences) insert—
“30A Enforcement by Gangmasters and Labour Abuse Authority
(1) The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.
(2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
16 In section 33 (guidance), in subsection (1) for “and the Director General of the National Crime Agency” substitute “, the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority”.”
Lord Bates
“ScheduleConsequential and related amendmentsPublic Records Act 1958 (c. 51)1 In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Parliamentary Commissioner Act 1967 (c. 13)2 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—
(a) at the appropriate place insert “Director of Labour Market Enforcement”;(b) for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.Superannuation Act 1972 (c. 11)3 In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies), under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
House of Commons Disqualification Act 1975 (c. 24)4 In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;(b) in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.Northern Ireland Assembly Disqualification Act 1975 (c. 25)5 In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;(b) in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.Regulation of Investigatory Powers Act 2000 (c. 23)6 In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Freedom of Information Act 2000 (c. 36)7 In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—
(a) at the appropriate place insert “Director of Labour Market Enforcement”; (b) for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.Police Reform Act 2002 (c. 30)8 The Police Reform Act 2002 is amended as follows.
9 In section 10 (general functions of the Independent Police Complaints Commission)—
(a) in subsection (1), after paragraph (g) insert—“(ga) to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).”; (b) in subsection (3), after paragraph (bc) insert— “(bd) any regulations under section 26D of this Act (labour abuse prevention officers);”.10 After section 26C insert—
“26D Labour abuse prevention officers
(1) The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).
(2) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;(b) make provision for payment by the Authority to, or in respect of, the Commission.(3) The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Commission has functions by virtue of this section, and(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.(4) An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an Authority complaints function.
(5) The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or(b) under the Parliamentary Commissioner Act 1967.(6) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (4) or (5);(b) provision about the further disclosure of information that has been so disclosed.(7) In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.”
Gangmasters (Licensing) Act 2004 (c. 11)11 The Gangmasters (Licensing) Act 2004 is amended as follows.
12 In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
13 In section 1 (Gangmasters Licensing Authority)—
(a) in the heading, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;(b) for subsection (1) substitute—“(1) The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “the Authority”).”;
(c) after subsection (3) insert—“(3A) When carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.”
14 In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “and the Director of Labour Market Enforcement”.
15 In section 3 (work to which Act applies)—
(a) in subsection (5)(b), for the words from “the following nature” to the end substitute “a prescribed description as being work to which this Act applies”;(b) after subsection (5) insert— “(6) The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).”
16 In section 8 (general power of Authority to make rules)—
(a) in subsection (1), after “may” insert “with the approval of the Secretary of State”;(b) omit subsection (3);(c) after subsection (4) insert—“(5) The Authority may from time to time with the approval of the Secretary of State revise the rules.
(6) The Authority must publish any rules made or revised under this section.”
17 In section 14 (offences: supplementary provisions) after subsection (2) insert—
“(2A) Subsections (1) and (2) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
18 In section 15 (enforcement and compliance officers) after subsection (6) insert—
“(6A) Subsections (5) and (6) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
19 In section 16 (powers of officers) before subsection (1) insert—
“(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
20 In section 17 (entry by warrant) before subsection (1) insert—
“(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
21 In section 25 (regulations, rules and orders)—
(a) omit subsection (4);(b) in subsection (6), omit paragraph (b) (and the “or” before it).22 (1) Schedule 2 (application of Act to Northern Ireland) is amended as follows.
(2) In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
(3) In paragraph 6—
(a) after “work in Northern Ireland,” insert “—(a) ”;(b) at the end insert “, and (b) the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.”(4) In paragraph 7, for paragraph (b) substitute—
“(b) paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—(i) the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and (ii) the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c. 17 (NI)).”(5) For paragraph 10 substitute—
“10 (1) Rules under section 8 (general power of Authority to make rules) which make provision for Northern Ireland licences (“Northern Ireland rules”) are to be made by statutory instrument.
(2) Section 8 as it applies in relation to Northern Ireland licences is to be read as if—
(a) in subsection (1) the words “with the approval of the Secretary of State” were omitted, and(b) subsections (5) and (6) were omitted.(3) The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.
(4) A statutory instrument containing Northern Ireland rules is subject to annulment in pursuance of a resolution of either House of Parliament.”
Natural Environment and Rural Communities Act 2006 (c. 16)23 In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’ Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)24 In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Modern Slavery Act 2015 (c. 30)25 The Modern Slavery Act 2015 is amended as follows.
26 In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
27 In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)28 In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.”
Lord Kennedy of Southwark (Lab)
My Lords, the amendments in this group are in the names of the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, with the exception of the final two, which are in the name of the noble Lord, Lord Bates. They are all concerned with Schedule 1 to the Bill and are generally technical in nature.
Amendments 78 and 79 aim to remove from the schedule amendments to the Licensing Act 2003, which would bring that Act into line with the proposals in the Bill. These amendments highlight the very unsatisfactory nature of the Bill that has been brought before us today, and for that reason, if nothing else, they are useful.
The next part of this group seeks to delete and insert certain words to make changes in emphasis and to clarify at what point action is sought to be taken. To remove the word “appropriate” and insert the word “necessary” in its place would raise the requirement from what is deemed “suitable” or “fitting” to achieve the objective or outcome to something where those exercising the power would have to be satisfied that it is “essential” or “indispensable” to achieve the desired outcome. I agree with the points made in this respect by the noble and learned Baroness, Lady Butler-Sloss.
I will not spend any more time on this as there will be more substantial debates later today, but I hope that the noble Lord, Lord Bates, will be able to answer the important points that have been raised in this initial debate. The final two amendments, which are in the name of the noble Lord, Lord Bates, seek to clarify further what is proposed in the provisions in the schedule, and I am satisfied with them.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, I thank the noble Baroness for speaking to her amendments. Before coming to the questions that have been asked, I will briefly speak to Amendments 92 and 93 in my name. Schedule 1 to the Bill concerns the powers to prevent illegal working in premises licensed to sell alcohol or provide late-night refreshment in England and Wales. These are two technical amendments to Schedule 1 which aim to ensure that those who have applied for a premises licence or a personal licence for the sale of alcohol or the provision of late-night refreshment, and who have not had a decision on that licence application before these provisions have commenced, will have their application determined on the basis of the licensing law in force at the time they made their licensing application.
Amendments 78 to 91 are proposed by the noble Baroness, Lady Hamwee. Schedule 1 integrates protection against illegal working into the existing licensing regime, including by adding the Home Secretary to the list of responsible authorities for the purpose of the Licensing Act, by making the prevention of illegal working an objective of the licensing regime and by requiring licence applicants to have the requisite right to work. The amendments proposed by the noble Baroness would adjust the threshold at which the Secretary of State may object to a licensing application. They would permit a court to consider whether the appellant has been granted leave to enter or remain in the UK after the date of the decision being appealed against, in effect duplicating the proper role of the tribunal—the Immigration and Asylum Chamber. The amendments would also make changes to the proposed “entitlement to work” definition from the Licensing Act 2003 to prevent immigration status and, in particular, the lack of it being relevant to alcohol or late-night refreshment licensing decisions.
We do not believe that these amendments would achieve the objective of preventing illegal working in this high-risk sector. They would not provide the necessary clarity for licensing authorities or the Home Office in respect of the proposed power to withhold personal and premises licences based on the absence of the applicant’s right to work in this sector or concerns about the risk of illegal working in the premises concerned. They would also result in inconsistency with the standards employed in the wider licensing framework. Changes made by the Police Reform and Social Responsibility Act 2011 have given licensing authorities greater power to tackle alcohol-related crime and disorder, and it is appropriate that the same level of evidence and discretion is also afforded in respect of the prevention of illegal working.
The Home Office decision to object to the issue of a premises licence to prevent illegal working will not be taken lightly. Schedule 1 makes it clear that the Secretary of State may object only where she is satisfied that the exceptional circumstances of the case are such that issuing a licence would be prejudicial to preventing illegal working. Schedule 1 also provides the necessary clarity on the circumstances in which a person’s immigration status should render them ineligible to hold a licence to sell alcohol. The proposed amendments would permit an individual to apply for a licence even though they are not permitted to work in the UK, or where their immigration status prevents their doing work related to licensable activity. This cannot be right. An applicant who has been refused a licence but is subsequently granted leave would simply need to make a fresh application and include the required information that provides evidence of immigration status.
Let me turn to some of the particular points that were made. The noble Earl, Lord Sandwich, asked what evidence exists that this is a particular problem. Of the civil penalties served for illegal working in the year to June 2015, 82% were served on the retail industry or hotel, restaurant and leisure industry sectors. A large proportion of these sectors hold premises or personal alcohol licences. Enforcement activity is decided as a consequence of intelligence and does not affect only companies that employ a small number of employees.
The noble Baroness, Lady Hamwee, asked what consultation had taken place. The changes proposed to the Licensing Act in the Bill have been subject to consultation with interested partners, including licensing authorities, the police, and representatives of the licensed trade. The consultation was undertaken last summer via a number of workshops, which were attended by the Local Government Association, the Institute of Licensing, licensing officers from seven licensing authorities, representatives of the national policing lead on alcohol, and the police and crime commissioner lead on alcohol. The second workshop included industry partners such as the British Beer & Pub Association, the Association of Convenience Stores, the Wine and Spirit Trade Association and the Association of Licensed Multiple Retailers. These partners provided a significant contribution to shaping our proposals.
Let me turn to perhaps the most interesting point, raised by the noble and learned Baroness, Lady Butler-Sloss, which is the subject of most of the amendments in this group: the use of the term “appropriate”. This was introduced across the licensing regime in the Police Reform and Social Responsibility Act 2011. We want the test in standards to be consistent across the two pieces of legislation. If we ended up with a differently worded test in the Bill before us, that might require consequential changes to the 2011 Act to bring them into line. I have listened carefully to the arguments that have been made and the point made by the noble Lord, Lord Kennedy, on behalf of the Opposition, and I am very happy to look at this issue ahead of Report to see whether any change is needed. However, that is the rationale for the choice of language.
With that assurance, I hope that the noble Baroness will feel able to withdraw her amendments, and in doing so I commend my amendments to the Committee.
Baroness Hamwee
I am grateful to noble Lords who have spoken in support of my amendments. I have to say that my trigger finger on my iPad is not fast enough to have got into the Police Reform and Social Responsibility Act. The Minister will understand that I will want to check whether it is on all fours in this regard. If it absolutely is, I might have to say, “You have got me there”.
The amendments have been described as technical. I do not think that they are; they are about people’s livelihoods, and that is why I am quite persistent with them. That was an impressive list of consultees who, we are told, helped to shape the proposal. I could not deduct whether they were shaping a proposal that they did not like and just making it a little better or whether they were going along with the proposal as it was put to them.
I will finish by saying that what I really do not want to see is a confusing of licensing and immigration—a point that crops up at a number of points in the Bill. They are separate issues and that is why I was so concerned. I am grateful to your Lordships for allowing me to indulge myself with this tranche of amendments, and I beg leave to withdraw Amendment 78.
Lord Bates
Lord Bates
Lord Bates
My Lords, I shall speak also to government Amendments 95 to 99, 102 to 104, 107 to 116, 118 and 119, 123, and 127 to 132. I shall await the formal moving of the other amendments in this group and will cover them in my response.
The Government are seeking to prevent illegal working in the taxi and private hire sector, which, like the licensing sector, represents a high risk of illegal working. Many, but not all, licensing authorities undertake immigration checks. We are therefore taking action in Clause 11 and Schedule 2 to mandate immigration checks by all licensing authorities and to embed immigration safeguards in the existing licensing regimes.
I shall be moving a number of amendments today. While they appear significant in number, their purpose is simple, and that is to extend the existing provisions in Schedule 2 to Scotland, Northern Ireland and Plymouth. The main thrust of the government amendments is therefore to ensure that this measure applies across the whole of the UK. The Bill currently amends primary legislation in England and Wales with the sole exception of Plymouth, as I am sure the Deputy Chairman will be interested to know. We have needed extra time to work out and consult on the technical detail to fill these jurisdictional gaps. Taxi and private hire vehicle licensing in Plymouth is covered by the Plymouth City Council Act 1975 and not by the Local Government (Miscellaneous Provisions) Act 1976. Accordingly, we are seeking to amend the 1975 Act to extend to Plymouth taxi and private hire vehicle licensing provisions equivalent to those in the rest of England and Wales.
Further government amendments remove the enabling power in Clause 11 to extend provision to Scotland and Northern Ireland and, in its place, introduce substantive provision. In the case of Scotland, the provisions amend the Civic Government (Scotland) Act 1982 and, in the case of Northern Ireland, the Taxis Act (Northern Ireland) 2008. The Government have worked with the Governments of Scotland and Northern Ireland in bringing forward these amendments.
The remaining government amendments are also technical. We wish to ensure that there is consistency across all relevant licensing legislation where possible in relation to the offence of non-compliance with the mandatory return to the relevant licensing authority of expired licences and licences which have been revoked or suspended on immigration grounds. We also wish to specify the circumstances in which immigration offences and penalties will not be taken into account in any decision to revoke or suspend a licence. These are spent convictions and civil penalties which were served more than three years previously and which have been paid in full. I beg to move.
Lord Kennedy of Southwark
My Lords, this group comprises a large group of government amendments in the name of the noble Lord, Lord Bates, and a number of amendments in the names of the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick. It is clear that the government amendments are included to make matters clear and consistent across all relevant lines of legislation. That in itself is a good thing. But for me that further illustrates the point that this legislation has been rushed and ill thought out and these revisions should have been in the Bill from the start.
Also, the Secretary of State is given powers in these government amendments to amend fine amounts by secondary legislation. That may be perfectly acceptable in this case. But the Government like their secondary legislation, hiding behind the limited ability of Parliament to hold them to account in such circumstances, but that I think is a wider issue for the House.
I have looked at the amendments put down by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, and with respect to Amendment 117, they have a good point to make. It is not unreasonable for the courts to take into account that, after the date of a decision being appealed against, the person has been granted leave to remain in or enter the UK.
I take it that the other amendments are probing in nature in order to assist the Committee in further understanding the intention of the Government and satisfying noble Lords that what is being proposed is achievable, and of course they can be retabled later in the course of the Bill if we think it necessary. I very much accept the point made by the noble Baroness, Lady Hamwee, that these are important issues that concern people’s livelihoods.
Lord Bates
My Lords, I understand the nature of the amendments and I understand them better now that the noble Baroness has spoken to them. At the same time, I should like to provide some reassurances on the points she has made, in respect of taxi and private hire licence holders who have limited leave to be in the UK, that any licence granted must be for the full duration of the leave period. This fails to recognise that taxi and private hire licences cannot be granted for more than three years, while operating licences cannot be granted for more than five years. As the licence holder’s immigration leave may expire after the relevant maximum licence duration, the Bill must enable licences to be granted for a shorter period.
Amendments 99B, 99D, 101, 106, 118B, 122, 126 and 131B relate to leave being extended by virtue of Section 3C of the Immigration Act 1971 when a person makes an application in time for an extension of leave, an administrative review or an appeal. While I appreciate the reasons behind these amendments, the Government believe that it is reasonable to limit the duration of a licence issued during a period of Section 3C leave to six months. The provisions would not work in practice without a stated duration, since licensing authorities cannot grant licences of unspecified duration. The six-month duration mirrors the period of an excuse provided to an employer who performs a right to work check on a migrant during a period in which they may have Section 3C leave to remain. If at the end of the six-month period the licence holder has been granted further leave, he or she will be able to demonstrate this leave and obtain a new licence.
Amendment 117 has already been considered by noble Lords in the context of alcohol and late night refreshment licences. The purpose of an appeal is to ascertain whether the original decision was correctly made. It would therefore not be appropriate for the court to consider a subsequent immigration decision. An appellant who has subsequently been granted leave would need to make a fresh application and include the required information which provides evidence of immigration status.
Amendments 120 to 124 would require the Secretary of State to consult licensing authorities and Transport for London before issuing relevant guidance on whether an applicant is disqualified from holding a licence because of their immigration status. This will be done anyway. In formulating these provisions, the Home Office, with the assistance of the Department for Transport, consulted the Local Government Association, licensing authorities, the Institute of Licensing and Transport for London.
In the light of this explanation, which I hope has addressed the key points made by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Kennedy, I hope that she feels reassured enough not to press her amendment.
Lord Bates
“London Hackney Carriages Act 1843 (c. 86)(1) Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows.
(2) At the beginning insert “(1)”.
(3) At the end of subsection (1) insert—
“(2) Subsection (1) does not require the delivery of a licence and badge on the expiry of the licence if the licence was granted in accordance with section 8A(2) or (4) of the Metropolitan Public Carriage Act 1869 (but see section 8A(5A) of that Act).””
Lord Bates
“Plymouth City Council Act 1975 (c. xx)3A The Plymouth City Council Act 1975 is amended as follows.
3B After section 2 insert—
“2A Persons disqualified by reason of immigration status
(1) For the purposes of this Act a person is disqualified by reason of the person’s immigration status from carrying on a licensable activity if the person is subject to immigration control and—
(a) the person has not been granted leave to enter or remain in the United Kingdom, or(b) the person’s leave to enter or remain in the United Kingdom—(i) is invalid,(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or(iii) is subject to a condition preventing the individual from carrying on the licensable activity.(2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 7 to the Immigration Act 2016—
(a) the person is to be treated for the purposes of this Part of this Act as if the person had been granted leave to enter the United Kingdom, but (b) any condition as to the person’s work in the United Kingdom to which the person’s immigration bail is subject is to be treated for those purposes as a condition of leave.(3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.
(4) For the purposes of this section a person carries on a licensable activity if the person—
(a) drives a private hire vehicle,(b) operates a private hire vehicle, or(c) drives a hackney carriage.2B Immigration offences and immigration penalties
(1) In this Act “immigration offence” means—
(a) an offence under any of the Immigration Acts,(b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a), or(c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).(2) In this Act “immigration penalty” means a penalty under—
(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).(3) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act.(4) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.(5) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act.(6) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.”3C (1) Section 9 (licensing of drivers of private hire vehicles) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) after “satisfied” insert “—(i)”, and(b) for the “or” at the end of paragraph (a) substitute “and(ii) that the applicant is not disqualified by reason of the applicant’s immigration status from driving a private hire vehicle; or”.(3) After subsection (1) insert—
“(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant’s immigration status from driving a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.”
3D In section 11(1) (drivers’ licences for hackney carriages and private hire vehicles)—
(a) in paragraph (a) for “Every” substitute “Subject to section 11A, every”, and(b) in paragraph (b) after “1889,” insert “but subject to section 11A,”.3E After section 11 insert—
“11A Drivers’ licences for persons subject to immigration control
(1) Subsection (2) applies if—
(a) a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),(b) the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and(c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.(2) The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.
(3) Subsection (4) applies if—
(a) a licence within section 11(1)(a) or (b) is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and(b) the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).(4) The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.
(5) A licence within section 11(1)(a) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from driving a private hire vehicle.
(6) A licence within section 11(1)(b) ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from driving a hackney carriage.
(7) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person’s driver’s badge to the Council.
(8) If subsection (5) or (6) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person’s driver’s badge to the Council.
(9) A person who, without reasonable excuse, contravenes subsection (7) or (8) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and(b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction. (10) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (9)(b).
(11) Regulations under subsection (10) may make transitional, transitory or saving provision.
(12) A statutory instrument containing regulations under subsection (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
3F (1) Section 13 (licensing of operators of private hire vehicles) is amended as follows.
(2) In subsection (1)—
(a) after “satisfied” insert “—(a)”, and(b) at the end of paragraph (a) insert “; and(b) if the applicant is an individual, that the applicant is not disqualified by reason of the applicant’s immigration status from operating a private hire vehicle.”(3) After subsection (1) insert—
“(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant’s immigration status from operating a private hire vehicle, the Council must have regard to any guidance issued by the Secretary of State.”
(4) In subsection (2) for “Every” substitute “Subject to section 13A, every”.
3G After section 13 insert—
“13A Operators’ licences for persons subject to immigration control
(1) Subsection (2) applies if—
(a) a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),(b) the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and(c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.(2) The Council must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.
(3) Subsection (4) applies if—
(a) a licence under section 13 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and(b) the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).(4) The Council must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.
(5) A licence under section 13 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from operating a private hire vehicle.
(6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the Council.
(7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Council.
(8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.(9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).
(10) Regulations under subsection (9) may make transitional, transitory or saving provision.
(11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
3H (1) Section 17 (qualification for drivers of hackney carriages) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) after “satisfied” insert “—(i)”, and(b) for the “or” at the end of paragraph (a) substitute “and(ii) that the applicant is not disqualified by reason of the applicant’s immigration status from driving a hackney carriage; or”.(3) After subsection (1) insert—
“(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant’s immigration status from driving a hackney carriage, the Council must have regard to any guidance issued by the Secretary of State.”
3I (1) Section 19 (suspension and revocation of drivers’ licences) is amended as follows.
(2) In subsection (1) before the “or” at the end of paragraph (a) insert—
“(aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;”.(3) After subsection (1) insert—
“(1A) Subsection (1)(aa) does not apply if—
(a) in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or(b) in a case where the driver has been required to pay an immigration penalty—(i) more than three years have elapsed since the date on which the penalty was imposed, and(ii) the amount of the penalty has been paid in full.”(4) After subsection (2) insert—
“(2A) The requirement in subsection (2)(a) to return a driver’s badge does not apply in a case where section 20A applies (but see subsection (2) of that section)).””
3J (1) Section 20 (suspension and revocation of operators’ licences) is amended as follows.
(2) In subsection (1) before the “or” at the end of paragraph (c) insert—
“(ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;”.(3) After subsection (1) insert—
“(1A) Subsection (1)(ca) does not apply if—
(a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or(b) in a case where the operator has been required to pay an immigration penalty—(i) more than three years have elapsed since the date on which the penalty was imposed, and(ii) the amount of the penalty has been paid in full.”3K After section 20 insert—
“20A Return of licences suspended or revoked on immigration grounds
(1) Subsection (2) applies if—
(a) under section 19 the Council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or(b) under section 20 the Council suspend, revoke or refuse to renew an operator’s licence on the ground mentioned in subsection (1)(ca) of that section.(2) The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the Council—
(a) the licence, and(b) in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person’s driver’s badge.(3) In subsection (2) “the relevant day” means—
(a) where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;(b) where the Council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.(4) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and(b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.(5) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).
(6) Regulations under subsection (5) may make transitional, transitory or saving provision.
(7) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””
3L In section 37 (appeals) after subsection (2) insert—
“(3) On an appeal under this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—
(a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or(b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.””
Baroness Hamwee
My Lords, with the leave of House, perhaps I may respond to some points made by the Minister on these amendments. I will be very quick. As to the requirement as regards private hire licensing and alcohol licensing for an applicant who did not have leave at the point when the initial decision was made but gets leave in the interim period before an appeal, it is very hard on that applicant that the licensing of the appeal court—although “appeal” may not be quite the right term for what I am trying to say—cannot entertain the consideration of that situation. The applicant will incur costs and a delay. Businesses will be affected and third parties—employees—may be affected. Of everything I have heard, that concerns me particularly. I may be misunderstanding some of the procedures but, if I am misunderstanding them and the language is not completely clear, that could cause a problem for those who will have to operate them. I beg to move.
Lord Bates
To clarify for the noble Baroness, I understand her point. My understanding is that what we are saying is that the applicant should not be making an application for a licence that extends beyond the period in which they have leave to remain in the country. Therefore, the point we are seeking to hold is that they should have the licence for the period which relates to the legal position that they have been given to be in the UK. We are trying to tie up those two points.
Baroness Hamwee
My Lords, I think I follow that—but what if the application for leave has initially been turned down on the basis of a mistake? That would leave the applicant for a licence in a difficult position. I do not think that it will benefit us to take this discussion further now, but I have no doubt that the Minister, in his usual very helpful way, will be able to undertake discussions between Committee and Report. I will certainly look at it again and perhaps we could pursue it.
Lord Bates
“(6A) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence and the person’s driver’s badge to the district council which granted the licence.”
Lord Bates
“(5A) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the district council which granted the licence.”
Lord Bates
“Civic Government (Scotland) Act 1982 (c. 45)14A The Civic Government (Scotland) Act 1982 is amended as follows.
14B In section 13 (taxi and private hire car driving licences) after subsection (3) insert—
“(3A) A licensing authority shall not grant a licence to any person under this section unless the authority is satisfied that the person is not disqualified by reason of the applicant’s immigration status from driving a taxi or private hire car.
(3B) Section 13A makes provision for the purposes of subsection (3A) about the circumstances in which a person is disqualified by reason of the person’s immigration status from driving a taxi or private hire car.
(3C) In determining for the purposes of subsection (3A) whether a person is disqualified by reason of the person’s immigration status from driving a taxi or private hire car, a licensing authority must have regard to any guidance issued by the Secretary of State.”
14C After section 13 insert—
“13A Persons disqualified by reason of immigration status
(1) For the purposes of section 13(3A) a person is disqualified by reason of the person’s immigration status from driving a taxi or private hire car if the person is subject to immigration control and—
(a) the person has not been granted leave to enter or remain in the United Kingdom, or(b) the person’s leave to enter or remain in the United Kingdom—(i) is invalid,(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or(iii) is subject to a condition preventing the individual from driving a taxi or private hire car.(2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 7 to the Immigration Act 2016—
(a) the person is to be treated for the purposes of this section as if the person had been granted leave to enter the United Kingdom, but(b) any condition as to the person’s work in the United Kingdom to which the person’s immigration bail is subject is to be treated for those purposes as a condition of leave.(3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.”
14D (1) Schedule 1 (licensing - further provisions as to the general system) is amended as follows.
(2) In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “8A and”.
(3) After paragraph 8 insert—
“Taxi etc driving licences for persons subject to immigration control8A (1) Sub-paragraph (2) applies if—
(a) a taxi driver’s licence or private hire car driver’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),(b) the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and(c) apart from sub-paragraph (2), the period for which the licence would have had effect would have ended after the end of the leave period.(2) The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must end at or before the end of the leave period.
(3) Sub-paragraph (4) applies if—
(a) a taxi driver’s licence or private hire car driver’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and(b) the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).(4) The licensing authority which grants the licence must specify a period in the licence as the period for which it has effect; and that period must not exceed six months.
(5) A taxi driver’s licence or private hire car driver’s licence ceases to have effect if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from driving a taxi or private hire car.
(6) Section 13A (persons disqualified by reason of immigration status) applies for the purposes of sub-paragraph (5) as it applies for the purposes of section 13(3A).
(7) If a licence granted in accordance with sub-paragraph (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the licensing authority.
(8) If sub-paragraph (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence to the licensing authority which granted the licence.
(9) A person who, without reasonable excuse, contravenes sub-paragraph (7) or (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) This paragraph applies in relation to the renewal of a licence as it applies in relation to the grant of a licence.”
(4) In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—
“(2A) A licensing authority may order the suspension or revocation of a taxi driver’s licence or a private hire car driver’s licence if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20).(2B) Sub-paragraph (2A) does not apply if—(a) in a case where the holder of the licence has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or(b) in a case where the holder of the licence has been required to pay an immigration penalty—(i) more than three years have elapsed since the date on which the penalty was imposed, and(ii) the amount of the penalty has been paid in full.”(5) In paragraph 18 (appeals) after sub-paragraph (8) insert—
“(8A) On an appeal under this paragraph relating to a taxi driver’s licence or a private hire car driver’s licence, the sheriff is not entitled to entertain any question as to whether— (a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or(b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.”(6) After paragraph 19 insert—
“20 (1) In this Schedule “immigration offence” means an offence under any of the Immigration Acts.
(2) In this Schedule “immigration penalty” means a penalty under—
(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).(3) For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act.(4) For the purposes of this Schedule a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn. (5) For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act.(6) For the purposes of this Schedule a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.””
Lord Bates
“Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))(1) Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.
(2) After the entry relating to section 1(3) of the Taxis Act (Northern Ireland) 2008 insert—
“Section 2A(8) | Failing to return an operator’s licence | Summarily | Level 3 on the standard scale”. |
“Section 23A(8) | Failing to return an operator’s licence | Summarily | Level 3 on the standard scale”.” |
Lord Bates
“(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).””
Lord Bates
“(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).””
Lord Bates
“Taxis Act (Northern Ireland) 2008 (c. 4)25 The Taxis Act (Northern Ireland) 2008 is amended as follows.
26 (1) Section 2 (operator’s licences) is amended as follows.
(2) In subsection (4) for the “and” at the end of paragraph (a) substitute—
“(aa) if the applicant is an individual, the applicant is not disqualified by reason of the applicant’s immigration status from operating a taxi service; and”.(3) After subsection (4) insert—
“(4A) In determining for the purposes of subsection (4) whether an applicant is disqualified by reason of the applicant’s immigration status from operating a taxi service, the Department must have regard to any guidance issued by the Secretary of State.”
(4) In subsection (7) for “An” substitute “Subject to section 2A, an”.
27 After section 2 insert—
“2A Operator’s licences for persons subject to immigration control
(1) Subsection (2) applies if—
(a) an operator’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),(b) the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and(c) apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.(2) The licence must be granted for a period which ends at or before the end of the leave period.
(3) Subsection (4) applies if—
(a) an operator’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and(b) the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).(4) The licence must be granted for a period which does not exceed six months.
(5) An operator’s licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from operating a taxi service.
(6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return it to the Department.
(7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the Department.
(8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.”
28 (1) Section 23 (taxi driver’s licences) is amended as follows.
(2) In subsection (2) after paragraph (a) insert—
“(aa) the applicant is not disqualified by reason of the applicant’s immigration status from driving a taxi;”.(3) After subsection (2) insert—
“(2A) In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant’s immigration status from driving a taxi, the Department must have regard to any guidance issued by the Secretary of State.”
(4) In subsection (8) for “A” substitute “Subject to section 23A, a”.
29 After section 23 insert—
“23A Taxi driver’s licences for persons subject to immigration control
(1) Subsection (2) applies if—
(a) a taxi driver’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”),(b) the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision), and(c) apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.(2) The licence must be granted for a period which ends at or before the end of the leave period.
(3) Subsection (4) applies if—
(a) a taxi driver’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period, and (b) the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).(4) The licence must be granted for a period which does not exceed six months.
(5) A taxi driver’s licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from driving a taxi.
(6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to the Department—
(a) the licence,(b) the person’s driver’s badge, and(c) any other evidence of identification which the Department has issued under section 24.(7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return to the Department—
(a) the licence,(b) the person’s driver’s badge, and(c) any other evidence of identification which the Department has issued under section 24.(8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.”
30 (1) Section 26 (power to suspend, revoke licences or curtail licences) is amended as follows.
(2) In subsection (2) before the “or” at the end of paragraph (a) insert—
“(aa) the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;”.(3) After subsection (2) insert—
“(2A) Subsection (2)(aa) does not apply if—
(a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or(b) in a case where the licence holder has been required to pay an immigration penalty—(i) more than three years have elapsed since the date on which the penalty was imposed, and(ii) the amount of the penalty has been paid in full.”(4) In subsection (6) before the “or” at the end of paragraph (a) insert—
“(aa) the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty;”.(5) After subsection (6) insert—
“(7) Subsection (6)(aa) does not apply if—
(a) in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (SI 1978/1908 (NI 27)), or(b) in a case where the licence holder has been required to pay an immigration penalty—(i) more than three years have elapsed since the date on which the penalty was imposed, and(ii) the amount of the penalty has been paid in full.””31 In section 32 (return of licences etc) after subsection (5) insert—
“(5A) Subsection (4) does not apply if the licence was granted in accordance with section 2A(2) or (4) or 23A(2) or (4) (but see sections 2A(6) and 23A(6)).”
32 In section 34 (appeals) after subsection (5) insert—
“(6) On any appeal, the court is not entitled to entertain any question as to whether—
(a) a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or(b) a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.”33 After section 56 insert—
“56A Persons disqualified by reason of immigration status
(1) For the purposes of this Act a person is disqualified by reason of the person’s immigration status from carrying on a licensable activity if the person is subject to immigration control and—
(a) the person has not been granted leave to enter or remain in the United Kingdom, or(b) the person’s leave to enter or remain in the United Kingdom—(i) is invalid,(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or(iii) is subject to a condition preventing the individual from carrying on the licensable activity.(2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 7 to the Immigration Act 2016—
(a) the person is to be treated for the purposes of this Part as if the person had been granted leave to enter the United Kingdom, but(b) any condition as to the person’s work in the United Kingdom to which the person’s immigration bail is subject is to be treated for those purposes as a condition of leave.(3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.
(4) For the purposes of this section a person carries on a licensable activity if the person—
(a) operates a taxi service, or(b) drives a taxi.56B Immigration offences and immigration penalties
(1) In this Act “immigration offence” means—
(a) an offence under any of the Immigration Acts,(b) an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (SI 1982/1120 (NI 13)) of attempting to commit an offence within paragraph (a), or(c) an offence under Article 9 of that Order of conspiracy to commit an offence within paragraph (a).(2) In this Act “immigration penalty” means a penalty under—
(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).(3) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 15(3) of that Act, or (b) the penalty is cancelled by virtue of section 16 or 17 of that Act. (4) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period, and(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.(5) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 24 of that Act, or (b) the penalty is cancelled by virtue of section 29 or 30 of that Act.(6) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period, and (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.””
Lord Bates
“Transitional provision(1) Subject to sub-paragraph (2), an amendment made by any of paragraphs 2, 3, 3C to 3H, 5 to 10, 14B, 14D(2) and (3), 17 to 20 and 25 to 28 does not apply in relation to an application for a licence made before the coming into force of that paragraph or a licence granted in response to such an application.
(2) Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—
(a) an application for the renewal of a licence where that licence was granted before the coming into force of that paragraph, or(b) a licence renewed in response to such an application.(1) Subject to sub-paragraphs (2) and (3), an amendment made by any of paragraphs 3I, 3J, 11, 12, 14D(4), 21 and 29 applies in relation to a licence granted before or after the coming into force of that paragraph.
(2) An amendment made by any of those paragraphs applies in relation to a conviction for an immigration offence only if the person in question has been convicted of that offence after the coming into force of that paragraph in respect of the person’s conduct after that time.
(3) An amendment made by any of those paragraphs applies in relation to a requirement to pay an immigration penalty only if the person in question has been required to pay the penalty after the coming into force of that paragraph in respect of the person’s conduct after that time.
(1) Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 3I as if before the “or” at the end of paragraph (a) there were inserted—
“(ab) in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;”. (2) Section 20A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “or (ab)”.
(3) Section 20(1) of that Act has effect in relation to an operator’s licence granted before the coming into force of paragraph 3J as if before the “or” at the end of paragraph (c) there were inserted—
“(cb) in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator’s immigration status from operating a private hire vehicle;”.(4) Section 20A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “or (cb)”.
(5) Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 11 as if before the “or” at the end of paragraph (a) there were inserted—
“(ab) in the case of a refusal to renew a licence, that he is disqualified by reason of his immigration status from driving a hackney carriage or a private hire vehicle;”.(6) Section 62A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “or (ab)”.
(7) Section 62(1) of that Act has effect in relation to an operator’s licence granted before the coming into force of paragraph 12 as if before the “or” at the end of paragraph (c) there were inserted—
“(cb) in the case of a refusal to renew a licence, that the operator is disqualified by reason of the operator’s immigration status from operating a private hire vehicle;”.(8) Section 62A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “or (cb)”.
(9) Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act 1982 apply in relation to an application for the renewal of a taxi driver’s or private hire car driver’s licence granted before the coming into force of paragraph 14B as they apply in relation to an application for the grant of such a licence made after that time.”
The Earl of Sandwich (CB)
I add one more voice from these Benches in support of the amendment. My noble friend Lord Hylton has already reminded us that the amendments in some form have already been won in this House. The Minister will already understand the strength of feeling on these Benches—with, obviously, some notable exceptions. The Ewins recommendations have sharpened them up, recommending the three-month temporary visa. I tend to support my noble friend’s wider amendment. The evidence being already on the record from Kalayaan and others, I shall not repeat any of that, but has the Minister seen the evidence from Justice for Domestic Workers, in its survey of last August, I think, in relation to the ILO convention 189? I shall give some brief illustrations: 72% of these—mainly—women feel that they have been required to work while they are unwell, while 94% say that they are injured while they are at work, by falling over and so on. One has to appreciate the depth of the suffering of these individuals—but I shall not go on about that. Case studies show how vulnerable they are and how wary they are of seeking help from any authorities, including consulting the NRM, where they should be going. I suspect that the Home Office, like my noble friend Lord Green, sees these amendment as holes in the dyke, carrying risk. But we have to give these domestic workers a way out of their situation in such a way that it will not open the gates to more migration. That is where the Ewins recommendations come in: the workers have to pass the test of exploitation. I see no reason why their case cannot be singled out from the rest.
Lord Bates
My Lords, I am grateful to the noble Lords, Lord Rosser and Lord Hylton, for tabling these amendments. It is entirely right that we discuss this important issue; it is something on which, as the noble Earl, Lord Sandwich, mentioned, I and the Government are in no doubt whatever about the strength of feeling in your Lordships’ House. What is more, we are in no doubt that there is a problem that needs to be addressed; that is not in question at all. Were it not so, we would not have wasted taxpayers’ money, as it were, on the Ewins review in the first place, nor would we have introduced the measures that we did in the Modern Slavery Act, which sought to address some of these issues.
Let me be clear at the beginning about what I intend to do at this stage—and I hope that noble Lords will bear with me. My proposal is to set out some of the initial response to the report and address some of the comments that have been made in the debate. I would then be immensely grateful if noble Lords who have an interest in this area might have the opportunity to meet Home Office officials and myself—and possibly Karen Bradley if her diary permits—to go over what we propose to do.
Lord Alton of Liverpool
Before the Minister sits down, I would be grateful if he would clarify the nature of the process that he has just referred to. It would be very useful to Members of your Lordships’ House if, for instance, Mr Ewins could also be invited to whatever discussions take place. When we looked at the previous legislation on modern slavery, the Minister was good enough to invite organisations such as Kalayaan to come and give first-hand evidence. Although that may not be appropriate at a joint meeting with Members of the House, nevertheless there ought to be some input from that organisation as well. I hope the Minister might give an undertaking.
Lord Bates
I will certainly give an undertaking to go away and reflect on the point that the noble Lord makes. I understand what he is saying. I am conscious that we met with Kalayaan on many occasions in the course of the Modern Slavery Act. It does very valuable work on this and its position is very clear regarding what it wishes to do. More particularly, I was hoping we could outline in a bit more detail than perhaps is possible at this stage where the Government’s mind is on this, and genuinely enter into a discussion about the best way forward.
As to whether it would be appropriate that the authors of the report should be there, I hear very much what the noble Lord says. That may be useful, but he will understand that in the nature of the way that government works, I have, as it were, secured a certain amount of leeway from my colleagues in the course of responding to your Lordships’ concerns, and it would be courteous of me to go back to them and seek their approval for that suggestion. I shall give an undertaking to do just that.
Lord Rosser
Before I respond to the suggestion that the Minister has made, I take it from what he has said that the Government do not actually accept the key part of Mr Ewins’s recommendation, which was that,
“the existence of a tie to a specific employer and the absence of a universal right to change employer and apply for extensions of the visa are incompatible with the reasonable protection of overseas domestic workers while in the UK”.
I take it from what the Minister has said that the Government do not actually accept that fundamental part of his recommendations.
Lord Bates
Were it the case that we did not accept that there was any correlation with the visa tie, we would of course not have made the change that we did in the Modern Slavery Act to say that when people enter the national referral mechanism, and there are reasonable and conclusive grounds, they will have the ability to change employers. I do not think it is possible to draw from that that it is something we are not prepared to move on; we have already moved some way on that in previous legislation.
Lord Rosser
I thank the Minister for that response. I also sense from his comments that the Independent Anti-slavery Commissioner, Mr Hyland, is also not necessarily fully supportive of the recommendations of Mr Ewins. I thought I had picked up the comment that he thought there might be as much mileage from taking other action as from loosening the tie, which is the key part of Mr Ewins’ recommendation.
Lord Bates
The anti-slavery commissioner, Kevin Hyland, is independent, and thoroughly and robustly defends his independence. I would simply quote a remark that he made: he felt that a system, which may be included as part of James Ewins’s recommendations, of checks and periodic meetings to ensure that people were aware of their rights and to check on their safety may have more effect in providing a safeguard of the position.
Lord Rosser
I think there will be a degree of disappointment at the response we have had from the Minister today, although I appreciate the offer that he has made, along with the reply that he has given and the detail that he has gone into in order to explain the Government’s position. I also appreciate the contributions that we have had to the debate.
Bearing in mind that the Minister has offered to have the meeting between Home Office officials, himself and interested Peers—as I understand it, I think he said that he would consider whether Mr Ewins might also be there—and that the Government have said they will bring forward proposals in response to the Ewins report on Report of the Bill, I certainly have no intention of declining the offer that he has made. I thank him for making that offer and for giving the detailed explanation of where the Government now stand, and I can only sincerely express the hope that we are able to get to the point where the proposals that the Government bring forward on Report meet the wishes of the House and of those who have been campaigning so hard on this issue.
Lord Bates
(a) the immigration officer considers that the condition in paragraph 1(3) or (6) is not met, or(b) ”
Lord Bates
Immigration Bill
Lord Bates Excerpts(8 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bates
“Measures in LME undertakings
(1) An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—
(a) the measure falls within subsection (2) or (3) (or both), and(b) the enforcing authority considers that the measure is just and reasonable.(2) A measure falls within this subsection if it is for the purpose of—
(a) preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or(b) bringing to the attention of persons likely to be interested in the matter—(i) the existence of the LME undertaking, (ii) the circumstances in which it was given, and (iii) any action taken (or not taken) by the subject in order to comply with the undertaking.(3) A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.
(4) The enforcing authority must not—
(a) invite the subject to give an LME undertaking, or (b) agree to the form of an undertaking,unless the authority believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (5).(5) That purpose is preventing or reducing the risk of the subject—
(a) committing a further trigger offence under the relevant enactment, or (b) continuing to commit the trigger offence.(6) An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.
(7) In this section, the “relevant enactment” means the enactment under which the enforcing authority believes the trigger offence concerned has been or is being committed.”
Lord Bates
“Labour market enforcement ordersPower to make LME order on application
(1) The appropriate court may, on an application by an enforcing authority under section (Applications), make a labour market enforcement order against a person if the court—
(a) is satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, and(b) considers that it is just and reasonable to make the order.(2) A labour market enforcement order (an “LME order”) is an order which—
(a) prohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;(b) requires the respondent to do anything set out in the order.See section ().(3) In this section “the appropriate court”—
(a) where the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates’ court;(b) where that conduct took or is taking place primarily in Scotland, means the sheriff;(c) where that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.(4) An application for an LME order under this section is—
(a) in England and Wales, to be made by complaint;(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).”
Lord Bates
“Applications
(1) An enforcing authority may apply for an LME order to be made under section (Power to make LME order on application) against a person (the “proposed respondent”) if—
(a) the authority has served a notice on the proposed respondent under section (Power to request LME undertaking), and(b) the proposed respondent— (i) refuses to give an LME undertaking, or(ii) otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the enforcing authority. (2) An enforcing authority may also apply for an LME order if the proposed respondent—
(a) has given an LME undertaking to the enforcing authority, and(b) has failed to comply with the undertaking.(3) In subsection (1) “the negotiation period” means—
(a) the period of 14 days beginning with the day after that on which the notice mentioned in paragraph (a) of that subsection was given, or(b) such longer period as may be agreed between the enforcing authority and the proposed respondent.”
Lord Bates
“Measures in LME orders
(1) An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).
(2) A measure falls within this subsection if it is for the purpose of—
(a) preventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, or(b) bringing to the attention of persons likely to be interested in the matter—(i) the existence of the LME order, (ii) the circumstances in which it was made, and (iii) any action taken (or not taken) by the respondent in order to comply with the order.(3) A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.
(4) Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.
(5) In this section the “relevant enactment” means the enactment under which the trigger offence concerned has been or is being committed.”
Lord Bates
“Further provision about LME orders
(1) An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.
(2) An LME order may not be made against an individual who is under 18.
(3) If a court makes an LME order, the court may also—
(a) release the respondent from any LME undertaking given in relation to the trigger offence concerned;(b) discharge any other LME order which is in force against the respondent.”
Lord Bates
“Offences by bodies corporate
(1) If an offence under section (Offence) committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer of the body, or(b) to be attributable to any neglect on the part of such an officer,the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.(2) In subsection (1) “officer”, in relation to a body corporate, means—
(a) a director, manager, secretary or other similar officer of the body;(b) a person purporting to act in any such capacity.(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.”
Lord Bates
“Application to unincorporated associations
(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections (Power to request LME undertaking) to (Offence).
(2) A case falls within this subsection if it relates to a trigger offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.
(3) Proceedings for an offence under section (Offence) alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.
(4) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the association were a body corporate, and(b) the following provisions apply as they apply in relation to a body corporate—(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)). (5) A fine imposed on the association on its conviction of an offence is to be paid out of the funds of the association.
(6) If an offence under section (Offence) committed by an unincorporated association is proved—
(a) to have been committed with the consent or connivance of an officer of the association, or (b) to be attributable to any neglect on the part of such an officer,the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.(7) In subsection (6) “officer”, in relation to any association, means—
(a) an officer of the association or a member of its governing body;(b) a person purporting to act in such a capacity.”
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, the Government have four amendments—Amendments 65, 68, 69 and 70—in this group. I shall speak to the amendments and then come back to the very legitimate points that have been raised and questions posed. I shall respond to them in turn.
Noble Lords are familiar with the reason why the Government are creating the offence of illegal working: to address a genuine gap in the law which currently impedes our ability to address the economic incentives behind illegal work where they exist. It is against this explanation and the safeguards to ensure its appropriate use that I turn to the amendments that have been tabled.
The Government have carefully considered the amendment to introduce the defence of “without reasonable excuse”. However, we believe that this introduces considerable ambiguity. Introducing such a wide defence risks making it very difficult to achieve a successful prosecution. The Government have also considered the amendment to remove voluntary work from the ambit of the offence. However, we believe that this is unnecessary because someone undertaking genuine voluntary work would not be working under the purposes of a contract. Therefore, genuine voluntary work is not caught by new Section 24B(9), introduced by Clause 8, and it therefore falls outside the ambit of the offence.
I share the concerns of noble Lords who want to ensure that this offence is used appropriately. The offence is not aimed at the victims of modern slavery, where the statutory defence in Section 45 of the Modern Slavery Act will still apply, as will common-law defences, such as duress. The circumstances of someone’s illegal working will be taken into account by the CPS and prosecutors in Northern Ireland and Scotland when deciding whether it is in the public interest to prosecute.
I also urge noble Lords to see the creation of this offence in the context of other measures in the Bill and elsewhere to increase the protection and support for victims of slavery and trafficking, strengthen enforcement against exploitation through the creation of the Director of Labour Market Enforcement and taking tougher action against employers of illegal workers.
We should remember that individuals with an irregular immigration status are already likely to be committing a criminal offence, regardless of whether they are working. The Government’s policy remains unchanged and they will continue to seek the removal of illegal workers from the UK, and prosecute only where the CPS or prosecutors in Northern Ireland and Scotland consider that their prosecution is in the public interest. This remains the right approach. The new offence, however, will serve as an important deterrent to illegal economic migrants and close a gap in the Proceeds of Crime Act powers, which do not necessarily require a conviction.
I have listened carefully to noble Lords’ concerns regarding the strict liability nature of the offence. While I am of the opinion that there are sufficient safeguards to ensure that the offence is used appropriately and that victims of modern slavery are protected, I can assure noble Lords that I will reflect very carefully on today’s discussions and the points which have been made ahead of Report.
I now turn to the offence of employing an illegal worker in Clause 9 of the Bill. The Government’s intention in using “reasonable cause to believe” as the test is to provide a more objective test for the existing offence of employing illegal workers and so make the offence easier to prove. The test is intended to capture those employers who have wilfully turned a blind eye to someone’s immigration status when employing them so that the employer cannot be said to have known.
Introducing a test of recklessness would not resolve the difficulties in establishing an employer’s state of mind that the Government are seeking to address in the Bill. This is because the test of recklessness would remain subjective, requiring proof that the employer foresaw a risk that the person had no right to work, yet went on to take that risk and employ them.
The test of reasonable cause to believe is not the same as negligence. The intention is to continue to apply the civil penalty sanction to those employers who are simply negligent—that is to say, who act without reasonable care and skill—in terms of not checking a person’s right to work, or not doing so correctly.
The Government’s amendment requires an employer positively to have a reason to believe that the individual cannot accept the employment. It will enable prosecutions to be brought against employers who choose not to undertake the necessary checks because they have reasonable grounds to believe that such checks will reveal that the employee has no right to work. This is in addition to the Government’s intention to continue to prosecute those who we can show actually know that someone has no right to work here, as we can do now under the current wording of the offence.
I now turn to some of the points raised during our debate. The noble Baroness, Lady Ludford, asked about the projected size and suggested that the sums that we were talking about were fairly minuscule. I refer noble Lords to my letter to the noble Lord, Lord Rosser, on 8 January, to which the noble Lord, Lord Green, referred. On page 2, it says:
“In 2014-15, the courts approved the forfeiture of cash totalling £542,668 seized by immigration officers. Following criminal convictions for immigration-related offences courts ordered the confiscation of assets totalling £966,024. We expect that in-country seizure could double with the use of the extended powers enabled by the new illegal working offence”.
Therefore, I do not think that these are inconsequential amounts—£1 million is quite a substantial amount. It is twice the budget of the relevant employment agency body. As I say, these are significant sums.
There is a slight sense that we were looking at destitute, highly vulnerable people, and that they would be the target of these initiatives. We are talking here about people who have on their person a significant amount of cash in excess of £1,000.
Baroness Lister of Burtersett
I am sorry to interrupt but I meant to mention that because I saw it in the noble Lord’s very helpful letter. But where is it in the legislation? I looked for it but I could not find any reference to a £1,000 limit or anything. I wondered whether I had missed it.
Lord Bates
It comes under the Proceeds of Crime Act. What we are doing here is simply drawing that element into line. The accusation appears to be being made that somehow the Government are targeting people who are here illegally. Of course, if they are here illegally, they should not be here and they should rightly be removed. However, it is odd that under the legislation to which I referred, we can currently prosecute those who have permission to be in the UK and are working in breach of their conditions. We can confiscate the relevant sums under the Proceeds of Crime Act for those who are legally here in breach of their conditions. However, if someone is illegally here, or they have overstayed, we cannot do that. Noble Lords will need to comment on that themselves. However, if they believe that this provision is too punitive for people who are working illegally in this country, they ought also to say—I am not inviting them to do this by Report—that people who breach the terms of their existing stay in the country, such as students who work beyond the hours legally allowed, ought to be exempt as well. The fact that there is one rule for people who are legally here but breach their conditions, and another for people who are illegally here, seems to me wrong as there is a gap. We are trying to close that gap.
Baroness Ludford
I am grateful to the noble Lord for giving way and apologise for interrupting. My question may simply reflect my ignorance of immigration law but I am reminded that I asked at Second Reading why immigration law could not be changed. We have so much immigration law that I should have thought that the situation was covered. So, for the offence of breaching conditions attached to immigration status, you can be prosecuted and your proceeds removed, but if you work in breach of immigration law as a whole—that is, you have totally driven a coach and horses through immigration law through being here at all—you apparently cannot be prosecuted and be subjected to POCA. Therefore, it seems to me that the root of the problem stems from immigration law and that the solution is not to create a new offence of illegal working but to go back to immigration law to determine why you can deal with some people breaching it but not others doing so.
Lord Bates
This is an Immigration Bill. I take the point that of course we need to continue to look at all these points. I am simply saying that it has somehow been portrayed that we are being inconsistent in singling out people who have fallen on hard times and are having a tough time in life, and mercilessly pursuing them. In fact, all we are doing is ensuring equality of treatment. Moreover, and more seriously, if we were introducing this measure in 2014, I would feel a lot more uneasy about it. Since the Immigration Bill 2014—taken through by my noble friend Lord Taylor of Holbeach—we have introduced the Modern Slavery Act, Section 45 of which is a statutory defence for people who are the victims of crime. This is widely welcomed and appreciated. That defence was not there in the Immigration Bill 2014 but is there now, and we are plugging a gap.
The noble Lord, Lord Hylton, asked why there are different sentences across the UK. The maximum prison sentence for a Clause 8 offence is the same across the UK. This will remain the case until Section 281(5) of the Criminal Justice Act 2003 is commenced. This reflects devolution and is set out at subsection (3) of the new offence. If that does not make it crystal clear to the noble Lord, I can assure him that he is not alone. If, when we read that in the Official Report, further explanation is needed, I will be happy to provide it. The gist is that the sentence is consistent across the United Kingdom.
The noble Baronesses, Lady Ludford and Lady Hamwee, both asked how many prosecutions had taken place of Bulgarian, Romanian and Croatian nationals. Parliamentary Questions 12752 and 12753 on this were answered in 2015. Between 2007 and 2013 there were three prosecutions where this was the principal offence—that is, the offence where the heaviest penalty may be imposed. During the financial years 2006-07 to 2013-14, a total of 491 penalty notices were issued. This offence, and penalty, only related to those migrants who were subject to accession regulations, while the new offence will relate to all migrants who work illegally in the UK.
It is not the case that an employer of an asylum seeker with permission to work has no protection unless the asylum seeker has leave to be in the UK. Section 24 of the Immigration, Asylum and Nationality Act 2006 ensures that those on temporary admission, including asylum seekers, are deemed to have leave for the purposes of the Section 21 offence. Therefore, if, as an exception, they have permission to work, they will not be committing an offence simply because they do not have leave.
A number of noble Lords asked about voluntary work. For work to fall within the ambit of the offence it must be under or for the purposes of a contract. Genuine voluntary work should not be subject to a contract. Volunteering must not be used as a pretence for paid work. A question was asked about whether visitors can undertake activities on a voluntary basis. The answer is yes, they may volunteer, providing this is incidental to the purpose of their visit to the UK, is unpaid and for a period of less than 30 days. I was also asked about an illegal migrant who starts as an illegal worker but whose working conditions deteriorate to the point where they may become a victim of modern slavery. For illegal workers to benefit from the statutory defence, their illegal working must be as a direct consequence of their slavery or human trafficking. They will therefore not have the defence for any illegal working committed prior to the deterioration of their working conditions to the extent that they became a victim of modern slavery. However, their subsequent slavery or human trafficking will be relevant factors for the Crown Prosecution Service to take into account when considering whether a prosecution is in the public interest. For absolute clarity, only the wages earned before the statutory defence applies to them would be recoverable under the proceeds of crime legislation.
I think I have covered most of the points raised. If there are any that I have missed, I will be happy to deal with them. I covered the point about reasonable excuse and reasonable cause in my main contribution. It remains our view that what is unfair is firms undercutting their competitors through exploitative use of illegal labour, so distorting competition, and those illegal workers taking jobs that should be available to all workers who are legally here and legally part of the labour market. I therefore commend the amendment standing in my name in this group, and ask the noble Lord to consider withdrawing his amendment at this stage.
Baroness Hamwee
I have two points, if I may. The Minister might have realised that referring to voluntary work and volunteering provoked quite a lot of chuntering around me, and on the Cross Benches. Listening to him, it seemed that the concepts of volunteering and voluntary work were being confused. When I looked at this a little while ago, I understood that they are different. I was confused at the beginning of the Minister’s speech when he talked about voluntary work not involving a contract. I am not sure whether that is always the case. I do not think we will be able to debate this now, but it would be very helpful if we could understand it a little more clearly—I think I speak for at least four of your Lordships, and possibly those behind me as well.
The other point is quite different. I would not necessarily agree with them but I followed the Minister’s comments about recklessness. He said that if the words “reasonable excuse” were included in the new illegal working provision in Clause 8, it would mean fewer successful prosecutions. That is indeed self-evident but it does not answer the point about whether it should be a defence, or whether the offence should be one where there is no reasonable excuse. Earlier in the debate, the noble Lord, Lord Rosser, raised the possible situation of someone being confused by what permission he had, or by the documents and so on. I would like, at any rate, to understand better what I heard from the Minister on that point.
Lord Bates
It is the same argument as before: whether the same test applies to people who are here legally—in one form—but are exceeding or abusing the terms by which they are in the UK. The noble Baroness may be saying that if that provision contained the phrase “without reasonable excuse”, it should be read across. But there is no ability to say that you can be prosecuted for the proceeds of crime unless you have a reasonable excuse. It is therefore consistent to apply the same test to somebody who is here illegally as to somebody who is here legally but exceeding the terms of their permission to be here.
Lord Rosser
Before I respond to the Minister, I thought he said earlier that he would be reflecting on certain aspects ahead of Report. I wonder whether he would mind repeating what issues he will reflect on before Report.
Lord Bates
The short answer is, of course, that I reflect on all the comments made by noble Lords ahead of Report. I have nothing specific in mind, but it would be helpful if the noble Lord came back with a further question.
Lord Rosser
Is the Minister agreeing to reflect on the points made in the debate this evening and to come back with a response, negative or positive, before Report? Is that what he is agreeing to do, without any specific commitment?
Lord Bates
The new offence will serve as an important deterrent. I have listened very carefully to the noble Lord’s concerns. Although I am of the opinion that there are sufficient safeguards to ensure that the offence is used appropriately and that victims of modern slavery are protected, I said that I would reflect on that point very carefully, listen to the debate and come back with further remarks on Report. The particular point was about whether the defences are sufficient for those who may have been the victims of modern-day slavery.
Lord Rosser
Do I understand that it will not cover the example that I referred to and which the noble Baroness, Lady Hamwee, has just referred to? That is where an individual had effectively been told by their employer that they could be employed, but it was subsequently found out, for example, that the employer was not properly sponsoring them because for some reason or other they had not completed the necessary paperwork correctly, and therefore the individual found themselves in a situation where they were not entitled to work. That was, in essence, the point I was raising.
I appreciate it is probably unfair to expect the Minister to respond to that point now, but I get the impression from what he has said that the area he has agreed to reflect on is very limited. I would hope that he might be willing to say, without making any commitment, that he will reflect on the necessity of this whole issue relating to the offence of illegal working for employees. I accept that this is not the only argument that has been raised, but the principal argument is that the threat of action being taken will be used to deter vulnerable people who may be being exploited, to a greater or lesser degree, from coming forward to expose and report their abusers. That is the principal effect that this new offence is likely to have, and it is likely to be used in that way by unscrupulous employers. I do not think that the Minister has responded directly to that point and I simply urge him to reflect on what has been said on that particular issue—without, I accept, making any commitment—between now and Report.
Lord Bates
I am very happy to do that. If it would be helpful, I would also be very happy to meet with the noble Lord and other interested Peers, with the relevant officials, to talk through our experience on that, which is what has led us to the position that we have taken, and to hear what evidence they may wish to present to the contrary. I think both sides will find that very helpful ahead of Report.
Lord Rosser
In that case, I will not say any more other than to express my thanks to the Minister for agreeing to do that. I beg leave to withdraw my amendment.
Lord Bates
“(1) Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (1A) to (2).
“(1A) In subsection (1) for the words from “an adult” to the end of the subsection substitute “disqualified from employment by reason of the employee’s immigration status.”
(1B) After subsection (1) insert—
“(1A) A person commits an offence if the person—
(a) employs another person (“the employee”) who is disqualified from employment by reason of the employee’s immigration status, and(b) has reasonable cause to believe that the employee is disqualified from employment by reason of the employee’s immigration status.(1B) For the purposes of subsections (1) and (1A) a person is disqualified from employment by reason of the person’s immigration status if the person is an adult subject to immigration control and—
(a) the person has not been granted leave to enter or remain in the United Kingdom, or(b) the person’s leave to enter or remain in the United Kingdom—(i) is invalid,(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or(iii) is subject to a condition preventing the person from accepting the employment.””
Lord Bates
Lord Kennedy of Southwark
My Lords, this amendment and the two other amendments in both my name and that of my noble friend Lord Rosser are very straightforward and come to your Lordships’ House following the concerns raised by the report of the Constitution Committee published on 11 January. The amendments require the consent of the relevant devolved institution before regulations can be made covering their nation. The clauses that these amendments seek to amend presently allow the Secretary of State to by regulation make provisions in the other nations that would have similar effect to the provisions enforced in England—English provisions.
The Government take the view that the clause does not engage the conventions so the legislative consent Motions are not required. This has been disputed by many interested parties including the Law Society of Scotland, for example. It would be helpful for the House if the noble Lord, Lord Bates, in responding could set out carefully the reasoning behind the Government’s decision not to seek approval via the legislative consent Motion process. I am also grateful to the Constitution Committee for highlighting the differential legislative approaches adopted in respect of England and other parts of the United Kingdom and the difference in the degree of scrutiny that that implies. I for one am not convinced that this is a good way to handle these important matters. Again, I would be grateful if the noble Lord, Lord Bates, could outline why he thinks this is appropriate. I beg to move.
Lord Bates
I am grateful to the noble Lord, Lord Kennedy, for moving the amendment and giving me an opportunity to say more on the record. I also pay tribute to the work of the Constitution Committee. I know that a number of recommendations in the report will have further bearing on our discussions in Committee. However, immigration is a reserved matter and the subject matter of all these amendments relates to parts of the Bill that remain within the immigration reservation which have not been devolved or transferred to a devolved legislature.
Amendment 72A relates to the measures to prevent illegal working on licensed premises. The Bill integrates protection against illegal working into the existing licensing regime, including by adding the Home Secretary to the list of responsible authorities for the purpose of the Licensing Act, by making the prevention of illegal working an objective of the licensing regime, and by requiring licence applicants to have the requisite right to work. The noble Lord, Lord Kennedy, raised the questions posed by the Constitution Committee on whether legislative consent Motions will be required. The legislation has a reserved purpose. It is necessary to amend devolved licensing laws in consequence of that reserved purpose. Legislative consent from devolved legislatures is not required.
We have consulted the devolved Administrations as the provisions have been developed. Alcohol and late-night refreshment licensing legislation in Scotland and Northern Ireland is complex and, in the case of Scotland, that legislation itself is subject to prospective amendment by the Scottish Parliament. We have therefore been working with the Scottish and Northern Irish Governments on the provisions to ensure that they can operate effectively within their licensing regimes. This work is ongoing and will continue in order to make equivalent provisions in regulations, using the order-making powers in the Bill once it has come into force.
Amendment 157A relates to the provisions in the Bill about residential tenancies. These provisions restrict the access of illegal migrants to private residential accommodation in the UK and concern the reserved area of immigration control. This is not an area in which Wales, Scotland or Northern Ireland have the competence to legislate and their consent is not required for the UK Government to legislate in this area. It is therefore inappropriate for the application of the residential tenancy provisions in the Bill to the rest of the UK to be subject to the consent of Wales, Scotland and Northern Ireland. It could lead to separate immigration controls applying in different parts of the United Kingdom, which would be to no one’s advantage, and to illegal migrants moving to jurisdictions which are perceived to be more lax.
Amendment 236A relates to provisions in Part 5 which will make it easier to transfer unaccompanied migrant and asylum-seeking children from one local authority to another and enable the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied migrant children from one local authority to another, should voluntary arrangements fail. Immigration is a reserved matter, and immigration legislation already provides a UK-wide framework for migrants’ access to local authority services. The dispersal of migrant children is not an area in which Wales, Scotland or Northern Ireland have the competence to legislate and their consent is therefore not required for the UK Government to legislate in this area. The Government have been clear that they hope that the arrangements will remain voluntary and have been liaising with the devolved Administrations to see how this might extend to Wales, Scotland and Northern Ireland, but we must avoid the repetition of the situation we saw in Kent in the summer, so we will enforce dispersal if necessary to promote and safeguard the welfare of children. The regulations in Clause 43 are subject to the affirmative resolution procedure, so they will be scrutinised by Parliament before they come into law.
I will write to the Constitution Committee shortly to respond to its helpful report in more detail. Further, the Government propose to publish the text of the licensing regulations to extend the measure to Scotland and Northern Ireland before Report. We are unable to produce regulations immediately on residential tenancies because we are working out how this will interplay with the Private Housing (Tenancies) (Scotland) Bill currently making its way through the Scottish Parliament. On the final measure in respect of children, discussions continue with the devolved Administrations.
I hope that in the light of these reassurances and the commitments I have made this evening the noble Lord will feel able to withdraw his amendment at this stage.
Lord Kennedy of Southwark
My Lords, I thank the Minister for his helpful response. At this stage, I am very happy to withdraw my amendment. I will look at the record when it is published and reflect on it. I beg leave to withdraw the amendment.
Immigration Bill
Lord Bates Excerpts(8 years, 3 months ago)
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The Minister of State, Home Office (Lord Bates) (Con)
I begin, as I have been invited to, by apologising to the Committee for the late tabling of these amendments, but let me try to explain that a little further. We were faced with a particular challenge. Noble Lords will recall that we had the Second Reading on 22 December, and one issue raised at that point was that the scheduled date for the first day in Committee was 13 January. In the light of the likely publication of our response to the consultation, we agreed to see whether the start date could be put back—which it was until today, 18 January.
We were then faced with a challenge regarding the publication of the report, referred to by the noble Baroness, Lady Hamwee, in response to the consultation document on tackling exploitation in the labour market. We said that we would have a period of consultation, which ran from September through to December, and that we would legislate on the back of that consultation, which seems to me to be general good practice. The question was then: at what stage should the amendments be introduced? There was a little debate—I am looking at the Box, but it is probably best that I do not—as to whether they should be introduced on Report, or in Committee. My noble friends Lord Ashton, Lord Keen and I took the view that if they were introduced for the Committee stage, at least they could receive a thorough airing, which could be reflected on before Report.
There is a large number of amendments. We had a meeting with all interested Peers and again, we tried to listen carefully to the points that were being raised. One was that because the amendments were tabled, it was not easy for an opposition spokesman or any Member of the House, let alone the Minister responding, immediately to correlate the amendment to the specific recommendation. A suggestion was made that we should produce a schedule, which was done within 24 hours of that meeting. That then went out to noble Lords who had attended the meeting, through the usual channels to the official party groupings and to Cross-Benchers, of course.
I am trying to explain some of the thought process. It was not intended to be discourteous to your Lordships’ House but sought to be helpful. The other point is on the nature of these amendments. I think that 59 relate to the consultation document. There is also a vast swathe—I did not manage to calculate the number—linked to the licensing of private hire taxi companies. We shall be coming to that issue in later groups. I did not realise that it seems as if every locality in the entire country has its own regulation for private hire taxi companies, so one amendment cannot apply across the entire country but needs to amend legislation pertaining to a particular area. That deals with the large tranche of the amendments.
I add to the previous debate on the minimum wage regulations my appreciation and that of the whole House to the Delegated Powers and Regulatory Reform Committee for its incredibly speedy work, even if it did introduce a bit of a riposte by stating that,
“the Government tabled a substantial number of amendments—54 pages’ worth!”.
I think that is the first time I have seen an exclamation mark in one of its reports. The point was made eloquently by symbol on the committee’s feelings on that. I offer my apologies, and hope that this is by some way of explanation. I also express our appreciation to the Select Committee on the Constitution for its very helpful report, which I know we will be coming to in later stages.
With that attempt at setting out the position, which I know is not ideal, I now turn to the amendments before us. The noble Baroness has rightly noted that the Director of Labour Market Enforcement’s remit covers the work of enforcement bodies that sit under two departments: the Gangmasters Licensing Authority reports to the Home Secretary while the Secretary of State for Business, Innovation and Skills is responsible for the work of the Employment Agency Standards Inspectorate and the HMRC’s national minimum wage team.
The Government have been clear in the consultation that we published and our response to it, as well as in assurances made by my right honourable friend James Brokenshire in Committee in another place, that the director will be a joint appointment by the Home Secretary and the Secretary of State for Business, Innovation and Skills. They will jointly appoint the director and receive the strategy. The noble Baroness may have concerns about how the two Secretaries of State will reach agreement, but I reassure her that preventing abuse of labour market laws is a priority for both departments. Subject to parliamentary approval of the role, they will both be looking to appoint a director with the necessary skills and experience to make a difference.
The requirement to consult Scottish and Northern Irish Ministers in Amendment 3 brings me to the territorial extent of this role. Employment law is broadly reserved as the UK operating as a single labour market brings great benefits to workers and employers. Therefore, the director’s remit will be UK-wide. However, there are parts of the remit where the policy is not reserved. To deal with this, we are legislating to ensure that the director can set the strategy to enforce labour market legislation only to the extent that it already applies and is reserved. That is: the whole of the UK in respect of the national minimum wage; Great Britain for the Employment Agencies Act 1973 and the Gangmasters (Licensing) Act 2004; and England and Wales in respect of the Modern Slavery Act 2015. Therefore, there will be no need for Ministers formally to consult Scottish Ministers or the Department of Justice in Northern Ireland.
However, to allow the strategy to be successful, the legislation requires it to be evidence-based and include the director’s assessment of the scale and nature of non-compliance in the labour market. To do this, the director will draw on the widest possible range of sources. This will include the intelligence hub provided for in Clause 6, but will inevitably include engaging non-governmental organisations, as the noble Lord, Lord Kennedy, requested, bodies representing employers, bodies representing workers and other organisations to develop the fullest possible picture. These will include charities, the enforcement bodies themselves, and other organisations such as the police.
Amendments 6 and 13 would require the Director of Labour Market Enforcement to engage certain people in the development of the labour market enforcement strategy, while Amendment 11 would require the Director of Labour Market Enforcement to engage with civil society and voluntary organisations in the development of the labour market enforcement strategy. It is not yet clear how the director would be able to discharge the legal requirement to,
“engage with civil society and voluntary organisations”,
which is not defined. I fear that putting this duty on the director would be unhelpful as it does not specify the full range of organisations that the Government expect would need to be consulted as part of that provision. These include non-governmental organisations, bodies representing employers, bodies representing workers and other organisations not specified in the amendment. Therefore, my opposition to it rests on it being unnecessary, while risking unhelpfully to narrow the director’s focus.
Amendments 12 and 14 appear to limit the director’s proposed role by not permitting his strategy to alter the strategies set out by any of the other enforcement bodies, or binding the enforcement bodies to delivering the director’s strategy. The director’s strategy is not intended to undermine the strategies of the enforcement bodies, or to take precedence. Rather, we expect those strategies to be informed by the director’s strategy as they deliver their contribution to tackling labour market exploitation.
On the GLA, the GLA board will continue to be responsible for the delivery of the GLA’s functions. What will change is that the delivery of those functions will sit within a wider vision of tackling labour market exploitation. While I will address this in due course, the Government’s amendments will add the functions of the GLA board to the list of labour market enforcement functions as specified. Furthermore, the GLA board will have a duty to exercise its functions in accordance with the director’s strategy. We believe that this will ensure that the enforcement bodies and the director work together more effectively.
The final amendment in this group, Amendment 38, brings me to the intelligence hub. Clause 6 as drafted gives the new director the duty to lead an intelligence hub that forms a coherent view of the nature and extent of exploitation and non-compliance in the labour market.
Baroness Hamwee
I think the Minister may have turned over two pages and gone on to the next group.
Lord Bates
Well, I have to say in that respect, I have not turned over two pages, but I may well be on to the next group. If so, and with that helpful prompt from the ever-helpful Baroness, I give way.
Lord Kennedy of Southwark
I thank the Minister for his helpful explanations of his remarks. Will he confirm that, because of the situation we find ourselves in with these amendments coming at such a late stage—civil society will want to look at them again—there will be plenty of time outside the Chamber for noble Lords and campaigners to meet the Minister to discuss these things in more detail?
Lord Bates
I can certainly say that. That is a very helpful intervention on a number of levels. I know that officials found our meetings last week and before Christmas very helpful. I think that that will continue to strengthen the work of the Committee. With that, I will pause my remarks and hope that the noble Baroness will feel able to withdraw her amendment at this stage.
Baroness Hamwee
My Lords, I certainly will. It would not be profitable to continue the discussion now about the tabling of these quite considerable changes. I. too, am grateful to the officials who have been very helpful in the most difficult circumstances.
It is extraordinary to me how many people outside this House read the report of our proceedings in very considerable detail, particularly those who have an interest in the subject matter. For them, I will say that I checked with the Public Bill Office this morning and it was confirmed to me that, provided we do not divide but merely agree the government amendments, there are no bars to our tabling amendments to what will then be part of the Bill on Report. I apologise to the Minister and officials if that prompts a flood of further amendments—but so be it.
My only other point, with regard to the Minister’s remarks on taxis, is to offer him a piece of advice. He should never tell a taxi driver that he is a Minister in the Government—or indeed a Member of this House—because he will not get out of the taxi without a most difficult conversation.
On Amendment 11, I understand the technical points that the Minister makes, but the third sector is hugely important. As has been said, it is the linchpin of the way in which our immigration service—if that is the right word—deals with asylum seekers and some other immigrants. It is absolutely central. It should not need saying that there will be the contact with the voluntary sector and other organisations that has been spelled out. I think that it says a lot that it was felt necessary to put that down.
With regard to my amendments and which departments do what and how they work together, we are told that the legislation is a priority for both departments, but I would say that each department has its own distinctive and different priorities. That is where I see problems, perhaps, coming. I beg leave to withdraw Amendment 1.
Lord Hodgson of Astley Abbotts (Con)
I have to say that I have some sympathy with my noble friend Lord Horam about the importance of not narrowing the gateway too much in terms of the work of the Director of Labour Market Enforcement. The wording in Clause 2(2)(a)(i) allows for a very wide remit: it seems to me to be important to preserve this. It is very easy of course to see this only through the prism of the victims—and indeed there are terrible victims who need protection—but the director should surely be able to identify practices, behaviours and trends not only relating to the protection of workers.
I am a keen supporter of employee share ownership. Every year the Employee Ownership Association has a dinner in your Lordships’ House, which I am proud to sponsor. Last year I was sitting next to one of the biggest companies in the field of imports, which brings a lot of stuff across the Channel in containers. He said to me, “Do you know that up to about a year ago, once a year a container would have people inside it; two or three times a week now, you open the container in Cowley and six or seven people jump out and disappear into the dark. They have a baseball bat and you can’t stop them—and talking to my colleagues in other firms this is an increasingly prevalent practice”.
It seems to me that this is the sort of issue that ought to be publicised and the director ought to be able to raise. It is not about protection of workers, though that is a very important part of his job. It is about what is happening in the labour market generally. It would be a grave mistake if we allowed ourselves not to think about these activities as well, and make sure that the director could comment on them and make suggestions for improvement. It is in the interests of everybody, but particularly those who are victimised, that this should be publicised—and the other side of the coin should be publicised as well. I hope that my noble friend will bear that in mind when he comes to consider his reply to this set of amendments.
Lord Bates
I first thank the noble Lord, Lord Rosser for moving this amendment. I am glad we are on the same page in terms of tracking the amendments. As I do that, let me remove another lever-arch file, with a message from the Box, which I thought was a very timely one: if noble Lords would kindly tell us when they plan to degroup an amendment, then we will try to do better at telling people when we intend to lay an amendment. But I suppose it is the first day in Committee and we are all finding our way through that postbag.
This has been a useful exchange. Under this particular group, as I see it, the Committee is seeking to understand better the nature of the role of the new Director of Labour Market Enforcement and to flesh it out, to understand something more of the resources and to understand where the immigration enforcement boundary and the role of standards in the labour market actually connect. While I appreciate the desire to include upfront a strong statement of the remit of the Director of Labour Market Enforcement, a role that has been welcomed on all sides of the House and in the other place, I believe that amendments on the subject are unnecessary. The role and remit of the director are clearly set out already in Clauses 1 to 7. We want the director to bring co-ordination across the whole spectrum of breaches in employment law, from employers who do not know the rules right through to the organised criminal exploitation of workers.
I should say here—this is relevant to the contributions from a number of noble Lords, particularly the noble Lord, Lord Alton, and the noble Earl, Lord Sandwich—that we often find that the rogue employers, underpaying employees with regard to the national minimum wage, and the unscrupulous employment agencies that deduct far more than they should from employees’ salaries are often the same people, who will be guilty of abuse across a whole range of different headings. That is the essential value that the information gives us, and the essential value of the overall role.
I will send around to noble Lords a very useful schematic. I know that schematics are not favoured by your Lordships’ House because of the difficulties that they convey to the Official Report in communicating them, but this one is a good way of illustrating that at the moment a number of disparate functions are prosecuted in different silos. We are seeking to be much more effective by bringing those silos together, not just in terms of their strategy but by placing the Director of Labour Market Enforcement above them to ensure that scarce resources are allocated most efficiently, and that we learn the maximum that we are able to about exploitation.
Where we set the director’s primary purpose in legislation as enforcement, as the noble Lord, Lord Rosser, seeks in Amendment 4, we are prejudging the best way to secure compliance. The noble Baroness, Lady Hamwee, seeks in Amendment 5 to give the director the purpose of protecting workers from exploitation. Exploitation is not universally defined and means different things to different people. Concerns have been expressed that the director will get involved in enforcing our immigration laws. I reassure noble Lords that that is not part of the role of the Director of Labour Market Enforcement. I know that there was some discussion about the exchanges in Committee in another place on this, but I am happy to place on record again my remarks in my letter of 8 January:
“I want to reassure colleagues”,
following Second Reading, that immigration control,
“is not part of the role of the Director of Labour Enforcement. Nowhere in this Bill is the Director given the power or purpose to do that … they would be acting outside of their statutory powers”.
It is useful to get that very clear statement on the record in Committee. Concerns have been expressed that the director will get involved in enforcing our immigration laws, and I want to ensure that that is not the case.
I turn to the annual labour market enforcement strategy. The Government’s position is that it will be successful only if it includes an assessment of threats and obstacles by “turning over stones”, telling Ministers where the gaps are and making proposals for how they can be addressed. Similarly, a successful strategy will be based on the evidence of what enforcement has happened in previous years, including what remedies were secured for victims. These are both already covered by the Bill so Amendment 7, in our opinion, is unnecessary.
Amendments 8 and 10 cover the director’s role in the funding arrangements for the enforcement bodies. It is the Government’s intention that Ministers in the Home Office and the Department for Business, Innovation and Skills should continue to set the overall envelope of spending available for labour market enforcement and should recommend how best to allocate this between the three bodies and the different activities they undertake, based on their assessment of the likely nature of non-compliance in the following year. I cannot support these amendments. While the Government intend that the relevant Secretaries of State will take the director’s proposals on resources into account in their discussions with the Treasury about funding, it is right that the Government set the overall level of resources devoted to labour market enforcement in the context of the totality of pressures on public spending.
Amendments 18, 25, 28 and 32 relate to the power to change the scope of the labour market enforcement strategy by regulations. While at present we believe that the director’s remit is sensibly defined, it may make sense in the future to extend this if it becomes clear that the risk of abuse and exploitation is changing. It is appropriate for such extension to be made by secondary legislation to ensure flexibility and to enable us to act quickly, subject of course to the appropriate degree of parliamentary oversight.
Amendments 33 to 35 relate to the director’s strategy-making role in respect of offences committed against workers under the Modern Slavery Act 2015. The clause or the proposed amendments would not redefine “worker”—as mentioned by the noble Baroness, Lady Ludford—for the purposes of the Employment Agencies Act 1973, the National Minimum Wage Act 1998 or the Gangmasters (Licensing) Act 2004. The existing coverage of the respective Acts continues to apply. This means that the Employment Agency Standards Inspectorate and the GLA will still tackle non-compliance by employment agencies, businesses and gangmasters regardless of whether the affected workers have the right to be—or work—in the UK. We see the director’s focus as improving the way we enforce labour market and employment law rules—making sure workers who are properly here are protected better. However, we are committed to tackling serious crimes committed against individuals, whatever their status, as the noble Baroness will know from the work she and others did on the Modern Slavery Act last year—a landmark piece of legislation.
I turn to the contents of the director’s annual report. The Bill already requires the annual report to include an assessment of the extent to which the strategy had an effect on non-compliance in the labour market. There is no need to specify the other details. If the strategy identifies threats and obstacles to effective enforcement and makes proposals to address them, the effectiveness of these throughout the year must be covered in the annual report. Similarly, as the strategy will set out how the enforcement bodies are to exercise their functions, including seeking remedies for victims, the success of this must be covered by the annual report. Therefore, I believe the majority of Amendment 36 is unnecessary.
The point was made that we need to focus our attention on victims. Victims have been protected, for example, by the recovery of unpaid earnings, by making sure that employment agents who persistently abuse contracts or unfairly treat their employees are no longer allowed to register as agents, and by the Gangmasters Licensing Authority not renewing certain licences.
The final amendment in this group concerns the publication of the annual strategy and annual report. The legislation as drafted states that any strategy or annual or other report prepared by the director and laid before Parliament must not contain material that has been removed for very specific reasons. These reasons are where the publication of such material,
“would be against the interests of national security, … might jeopardise the safety of any person in the United Kingdom, or … might prejudice the investigation or prosecution of an offence under the law of England and Wales, Scotland or Northern Ireland”.
These are pretty standard exclusions that we have come across in previous legislation. The Bill as drafted requires the Secretary of State to remove information from a publication if he or she considers it to fall into those categories. The Government believe that this is essential and strikes the right balance between transparency and safety. Indeed, it replicates provisions in Section 42 of the Modern Slavery Act regarding the strategic plan and annual report prepared by the Independent Anti-slavery Commissioner. I hope that my answer will reassure noble Lords on that point.
Finally, we have put on the face of the Bill, in Clause 1(4):
“The Secretary of State must provide the Director with such staff, goods, services, accommodation and other resources as the Secretary of State considers the Director needs for the exercise of his or her functions”.
That is a statutory statement. My noble friend Lady Neville-Rolfe announced in the previous debate that the amount of money that has gone into national minimum wage enforcement has increased by £4 million. While it is right to press us to spell out in more detail exactly what is intended for the role, I think that there is a logic there, which my noble friends Lord Horam and Lord Hodgson have reinforced. I hope that, with that reassurance, the noble Lord will feel able to withdraw the amendment.
Baroness Hamwee
My Lords, before the noble Lord responds, perhaps I may take some of those comments but in something of a reverse order. On the question of resources, the Minister referred to Clause 1(4), but that relates to provision for the director. Of course, we are concerned not just about the director but about the organisations—if that is the right term for the various entities—which will be implementing the strategy. Whoever’s strategy it turns out to be is the subject of another debate. So, although I accept the point that the Minister has made, I do not think that it goes all the way, as some of us were seeking.
Lord Bates
If it would be helpful to noble Lords, I should be happy to set this out in writing. However, I can tell them that the 2015-16 budget for the Employment Agency Standards Inspectorate is £0.5 million and it has 8.6 full-time-equivalent staff. For the same period, the Gangmasters Licensing Authority has funding of £4.268 million, including £100,000 for Northern Ireland enforcement, and it has 66 full-time-equivalent staff. The budget for the national minimum wage enforcement team was increased by £4 million to the current figure of £13.2 million, and it has 230 full-time-equivalent staff. We are saying that the helpful part of the role of the Director of Labour Market Enforcement will be to look at those three groups and the current basket of resource, which has been increased substantially over the past year, and to see how it can be most effectively deployed to tackle the types of wrongs that we are seeing.
Baroness Hamwee
My Lords, the figures are interesting. Nobody is ever content and no one will say, “That’s enough”, but my impression—I say this as somebody who hears those figures, although they do not really mean anything to me; I am not an expert in any of those fields—is that there are organisations struggling to do the job that they have and which in some cases they do absolutely extraordinarily. Just hearing figures expressed in millions does not advance the argument in the way that I know the noble Lord and I are concerned with.
Baroness Hamwee
My Lords, I am looking to the Minister, but he has not received inspiration on that yet.
Lord Bates
I have not received inspiration, but I do not doubt for one minute what the noble Lord rightly observes. He refers to a time when we were having to tackle some pretty sizable problems in the public finances, and that continues to be a pressure. That is one reason why, I think, we are bringing these resources together. It would be helpful—and I will certainly undertake to do this—to set out in one letter to Members of the Committee in your Lordships’ House the situation on resources, perhaps in a way that is easier to assess. However, the point is that when you have different pots in different areas with different groups of people, it makes it all the more important that they are joined up, that there is co-ordination and that we get the maximum effect for every taxpayer pound that is spent. That is, of course, what the remit of the Director of Labour Market Enforcement is envisaged to be.
Baroness Hamwee
But within the budgets set by the two departments, as we have just heard. I do not think that anyone is arguing against efficiency, but those budgets are being spent, I assume, to their maximum now. So it is a discussion that will go on.
With regard to the point about the regulations and the possibility of extending the scope of the director’s work, the Minister mentioned parliamentary oversight. Of course, that is a very current issue, because oversight only goes so far. Indeed, one might say that it is “sight” but not “change”, because we cannot do anything about secondary legislation.
I want to comment on the points that have been made about trends and the work, other than that to which the noble Lord and I have pointed, on the protection of workers. I realise that the way in which I have worded my amendment was perhaps not the most felicitous. I did in my speech mention things such as monitoring and trends, and I meant that in a very wide sense. I understand, for instance, that the GLA—this is a very important part of its work—has been extremely successful in its relationship with employers and runs a liaison group with employers and agents in the sectors in which it currently works. One might take any survey with a pinch of salt, but a 93% approval rating—I think I have got that right—from employers in their view of their own regulator strikes me as being pretty high, and I for one certainly do not dismiss the points that have been made by the two noble Lords on the other side.
Immigration Bill
Lord Bates Excerpts(8 years, 3 months ago)
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Lord Kennedy of Southwark
My Lords, Amendment 12, moved by the noble Baroness, Lady Hamwee, puts in the Bill a new clause that puts beyond doubt that this part of the Bill cannot be used to permit the alteration of a strategy of a person entitled to prepare a labour market enforcement strategy paper. This is a sensible addition to the Bill and one that I hope the Minister—whether it is the noble Lord, Lord Bates, or the noble Lord, Lord Ashton, who responds—will be able to support, or at least agree to look at carefully and perhaps bring something back on Report.
I am not sure that Amendment 14, also proposed by the noble Baroness, Lady Hamwee, would bring much to the clause, although I am not against it in principle. Amendment 38 makes it optional for the Director of Labour Market Enforcement to,
“gather, store, process, analyse and disseminate information”.
I have given thought to the amendment and listened to the reasoning behind it. In fact, it may be quite useful to have this information, but the noble Baroness made some excellent points about resources and the useful work already done by the Gangmasters Licensing Authority.
The Minister of State, Home Office (Lord Bates) (Con)
My Lords, I thank the noble Baroness, Lady Hamwee, for giving us the opportunity to discuss this important area further and to look at the production of an evidence-based, annual labour market enforcement strategy as a key part of the role of the Director of Labour Market Enforcement. By following a single, overarching strategy with a shared view of risk, enforcement will be better co-ordinated and more effective.
A real concern was expressed during the consultation exercise on labour market enforcement, which has been referred to. The Government have of course responded to that, giving rise to the amendments referred to earlier. In many ways, this touches on the point raised by the noble and learned Baroness, Lady Butler-Sloss. In terms of responsibility for strategy, the Gangmasters Licensing Authority currently reports up to the Home Secretary. Initially, it was I think part of Defra, but it was moved across to the Home Office because we felt that that was a more logical place for it to sit, particularly in the light of the introduction of the Modern Slavery Act. So the authority refers up to the Home Secretary, while the HMRC national minimum wage team feeds up its strategy to the Secretary of State for Business, Innovation and Skills, as does the Employment Agency’s standards inspectorate. So at the moment there are two different reporting lines. The proposal is that, rather than effectively having two separate reporting structures, there is an initial feed-in to the Director of Labour Market Enforcement, who then reports to the joint Secretaries of State. That may in fact result in fewer problems.
Amendments 12 and 14 appear to limit the director’s proposed role by not permitting his strategy to alter the strategies set out by any of the other enforcement bodies or by not binding the enforcement bodies to delivering the director’s strategy. The director’s strategy is not intended to undermine or take precedence over the enforcement bodies’ strategies; rather, we expect those strategies to be informed by the director’s strategy as they contribute to tackling labour market exploitation.
The GLA board will continue to be responsible for delivery of the GLA’s functions. What will change is that the delivery of those functions will sit within a wider vision of tackling labour market exploitation, an issue I will address in due course. The Government’s amendments will add the functions of the GLA board to the list of labour market enforcement functions. Furthermore, the GLA board will have a duty to exercise its functions in accordance with the director’s strategy. We believe that this will ensure that the enforcement bodies and the director can work together more effectively.
Amendment 38 brings me to the intelligence hub. Clause 6 as drafted gives the new director the duty to lead an intelligence hub that forms a coherent view of the nature and extent of exploitation and non-compliance in the labour market—something that the consultation and the Committee have accepted as being absolutely necessary. The director will use the information gathered to formulate the annual strategy for labour market enforcement. It is essential that the director have the power to gather information from those involved in labour market enforcement to enable them to set the annual strategy. Without this, the strategy will not be evidence-based and will therefore be unable to improve the effectiveness and co-ordination of enforcement, which is our objective. If the duty on the director to gather information was removed from Clause 6, that would lead to a different role than the Government have committed to creating.
To enable the intelligence hub to work, we intend to create a statutory framework to enable information and intelligence to be shared appropriately, with the necessary safeguards. We will bring forward amendments at Report to achieve this. I reassure noble Lords that the new intelligence hub will not replace existing information-gathering arrangements in the individual enforcement bodies, which I know was a point of concern. They will continue to gather and analyse their own data in order to plan their own operational activity. This will then be fed into the new intelligence hub and the director’s strategic plan, providing an up-to-date picture of areas where workers are at risk of abuse. However, the director’s intelligence hub will be wider. It is important that the director have the power to exchange data and intelligence with other enforcement bodies whose legislation is often breached by the same rogue businesses.
I also reassure noble Lords that we are in the process of identifying what resources, including IT infrastructure, will be required to enable the new information hub to be effective, and that the Government recognise this is just as important as creating the statutory framework. I hope my explanation will be helpful to the noble Baroness and that she may therefore feel able to withdraw her amendment.
Baroness Butler-Sloss
I wonder if I could just come back. I am not so concerned with Amendment 12. I am much more concerned with what lies behind it. My particular concern is that a new director who organises strategy should not be organising a strategy of the Gangmasters Licensing Authority, which knows much more about it than he does. Therefore, this new director of strategy needs to have a light touch when he deals with an established organisation that has been doing very good work with a lot of successful prosecutions. I have not had that assurance from the Minister.
Lord Bates
I will try to be a bit more helpful if I can. I totally share the view of the noble and learned Baroness that the Gangmasters Licensing Authority is doing an outstanding job in its present field. That is one reason why we are increasing its powers. It is a recognition that it is an effective organisation and we want to make it even more effective. It is unthinkable that someone could come into this role—co-ordinating and sharpening the overall strategy of labour enforcement—who would not embrace the strategy already in place of such an effective organisation as the Gangmasters Licensing Authority.
Clause 7 prevents the director exercising functions or making recommendations in relation to individual cases. Decisions about sanctions to be taken against businesses are a matter for the enforcement bodies, which will remain operationally independent. However, the director may consider individual cases when examining the general issue during the exercise of his or her functions. I know that that relates to a previous comment, not to the comment just made. None the less, I hope that those additional reassurances—that the labour market enforcement director is building on strategies, ensuring that they are coherent and joined-up, and in doing so is absorbing best practice from a wider range of organisations involved in enforcement—will be welcomed. If so, the noble Baroness might feel these amendments are not necessary at this stage.
Baroness Hamwee
The noble and learned Baroness expresses my view precisely. I am not particularly concerned with the specific amendments; they were probing amendments. I might enlist her help in drafting something for the next stage. I am not sure—I may have missed it, in which case apologies—whether my question about whether the GLA board was a person for the purposes of Clause 2(6) was addressed, but perhaps that can come later. The board will exercise functions—essentially functions to the director’s priorities. In other words, the GLA board’s role is going to be changed. That is a serious issue for the individuals who will have taken one set of skills to the board and will not be expecting to get involved in something which is essentially more operational.
We are all struggling a bit to articulate the arrangements that we are concerned about and what we think should be in place. That is perhaps because it is quite easy to draw some sort of diagram—an organigram—on a page showing the relationships, but that is not necessarily what real life is like. I am afraid that the intelligence hub does not reassure me at all, because it sounds like two lots of overlapping expenditure, if not complete duplication. That may be something that I return to. The nub of all this is the relationship. I hope that I can find a more felicitous way of addressing this at the next stage, but it has to remain on the agenda. For now I beg leave to withdraw the amendment.
Lord Bates
Lord Bates
Lord Bates
“( ) failure to comply with the requirement under section 1 of the National Minimum Wage Act 1998 (workers to be paid at least national minimum wage);( ) failure to pay any financial penalty required to be paid by a notice of underpayment served under section 19 of that Act (see section 19A of that Act);( ) breach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;( ) failure to comply with any other requirement imposed by or under any enactment and which is prescribed by regulations made by the Secretary of State.”
Lord Bates
Lord Bates
Lord Bates
“( ) an offence of attempting or conspiring to commit an offence mentioned in paragraphs (a) to (f);( ) an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence so mentioned;( ) an offence of inciting a person to commit an offence so mentioned;( ) an offence of aiding, abetting, counselling or procuring the commission of an offence so mentioned.”
Lord Bates
“Gangmasters and Labour Abuse AuthorityRenaming of Gangmasters Licensing Authority
(1) The Gangmasters Licensing Authority is renamed the Gangmasters and Labour Abuse Authority.
(2) In any enactment passed before the day on which this section comes into force, and in any instrument or other document made before that day, references to the Gangmasters Licensing Authority are to be read, in relation to any time on or after that day, as references to the Gangmasters and Labour Abuse Authority.”
Lord Bates
My Lords, I shall speak also to Amendments 40 to 42, 60, 73, 77 and 214. I will allow the sponsors of Amendments 71 and 245 to speak to them.
Government Amendment 39 will rename the GLA the Gangmasters and Labour Abuse Authority, reflecting the transformation of its role. Amendment 40 relates to a new schedule, inserted by Amendment 73, enabling the GLAA to investigate labour market exploitation through investigative powers for our proposed new offence and the labour market offences contained in Clause 3. Government Amendment 41 enables GLAA officers to exercise police-style powers when investigating labour market offences, ensuring prompt action to tackle criminal behaviour. Officers will undergo necessary training, meeting College of Policing standards, to exercise these powers.
Other noble Lords will speak to Amendments 41A to 41D. Government Amendment 42 introduces a power for the GLAA to request assistance from the National Crime Agency, the police and immigration enforcement, who will have a similar right to ask the GLAA for assistance. Other bodies can be added by order.
Government Amendments 60 and 77 make consequential amendments reflecting the GLA’s change of name, adding the director to certain legislation, such as the Freedom of Information Act, introducing IPCC oversight for the exercise of PACE powers and retaining the current GLA regime in Northern Ireland.
I will deal with the other amendments in this group when they have been spoken to by other noble Lords. I beg to move.
Lord Bates
My Lords, I am very grateful to noble Lords for speaking to their amendments in this group. I shall try to address as many of the points raised as I can at this stage, but I may have to write to noble Lords on some of the more specific ones.
I want to make one general point, which more or less relates to the points made by the noble Baroness, Lady Donaghy, and the noble Lord, Lord Lea. Essentially they are asking what has changed here. The Government are effectively putting themselves in a strategic position to take much tougher action against all forms of labour market abuse. In general terms, although the TUC had some reservations about the detail, which I am sure we will come to, in a broader sense it welcomed the fact that the Government were taking this matter very seriously, wanting to join up different agencies which are all doing a very good job, to give them a stronger strategic position and, of course, more powers. Those powers would include the ability for rogue employers to be jailed. These are serious powers and I will come back to the comments of my noble friend Lord Hailsham on their use, because that is a very important point for us to consider.
It should be remembered that we are extending the base of the resources. In some of the amendments we have covered the additional resources that will be available to the agencies—for example, the Organised Immigration Crime Task Force and the National Crime Agency, which we dealt with in the Serious Crime Act, and there is also immigration enforcement. Organised crime syndicates are massively exploiting this area. Information will be shared and we will be receiving information from different areas. That is part of a big approach that we are taking to nail some of the abuse that has been going on for far too long.
Lord Rosser
Is it the Government’s position that the resources currently available to the existing authorities will be sufficient to cover the apparently extended role and remit under this Bill of the Director of Labour Market Enforcement and the GLAA, which, as the Minister has said, will now exercise its function across a much wider front? Do the Government think that the kind of sums the Minister says are being spent at the moment will be sufficient to cover what appears to be a considerably enhanced role for this authority in future?
Lord Bates
As I said, they are 25% higher than this time last year in terms of overall labour market enforcement. Are we saying that that is sufficient? No, because what we are focusing on is the strategy. A very important role of the Director of Labour Market Enforcement will be to advise the Home Secretary and the Secretary of State for Business, Innovation and Skills on what resources are necessary to tackle labour market abuse and exploitation. That is what we are doing, but once we have an overall strategy that says where the focus should be, we would be confident in identifying where the gaps are. We would have more confidence in claims made for increases in resources at that point than perhaps might have existed when we were looking at them in isolation. Again, I would have thought that that would be welcomed.
The noble Lord, Lord Rosser, rightly asked if we would look at the recommendations made by the Delegated Powers and Regulatory Reform Committee. Of course we will. We take all the committees of this House extremely seriously. I would say in our defence—as has been used in defence against us—that the report is dated last Friday, 15 January, and it is now Monday.
Lord Rosser
I hope the noble Lord will accept that it is dated Friday of last week because the Government were so late in producing their significant tranche of amendments.
Lord Bates
Touché. I get that point. The point I am trying to make is a very serious one: that the Government will of course listen to and pay very careful regard to the recommendations of a committee of your Lordships’ House. I will have more to say on that by the time we get to the relevant section on Report.
Will our reforms make it easier for rogue gangmasters to operate without fear of detection? Absolutely not. Our reforms will ensure that the GLAA has tough new enforcement powers to tackle criminals in any labour sector, not just those that are licensed. Importantly, the number of licences granted for 2014-15 was 82, with 27 refusals and 23 revocations, out of a total of 954 licences in existence. That shows that it is something more than a box-ticking exercise: that genuine work is being done by the GLA in assessing the quality of those licences, and we want that to continue.
I have touched on reviews—perhaps not to the entire satisfaction of the noble Lord, Lord Alton—but I will come back to that issue and set out the position in a letter. The licensing rules contain detailed provisions on a variety of matters, such as what information should be provided by a licence holder to a worker before they start—for example, shellfish-gathering rules on tide, accommodation, record keeping and sector- specific provisions. This follows a model set out in Section 7 of the Private Security Industry Act 2001 which allows the Security Industry Authority to set its licensing criteria by publishing a document without any parliamentary procedure but with the approval of the Secretary of State.
I come to the point made on PACE powers—that there is no mention of the new labour market enforcement order offence in the proposed new Section 114B of PACE. Amendment 55, which introduces the new clause “Investigative functions”, provides that the enforcing authorities can use the investigative powers they already have for the relevant trigger offence to be investigated in any breaches in LME orders. This means that where the GLAA has PACE powers for the trigger offence, it can use those powers to investigate a breach. I am immediately conscious, as I read that out, that that does not answer the particular point. Staff designated to exercise police-style powers will be subject to the relevant PACE codes and to Independent Police Complaints Commission supervision. As I say, I am conscious that that does not answer the specific question my noble friend asked, and I will undertake to write to him and to other noble Lords whom I have not had the opportunity to respond to in the time available. I hope, with those reassurances, that noble Lords and Baronesses will feel able to withdraw their amendment.
Baroness Hamwee
One of the amendments to which I spoke, which was quite unrelated to any others, addressed the supply chain point for the GLAA. I wonder whether the Minister has an answer to that. If not, could that not get lost in the rather more philosophical issues we have been debating?
Lord Bates
It is one that we listed in the supply chain regulations which recently came before your Lordships’ House. A number of undertakings were given at that time to examine options for a central database and how that will be done. It should also be said that there was general agreement that we had set the threshold for the reporting of those standards at the lower end of the expected threshold, so that more companies would have to comply. That has a concomitant effect upon the size of the database which would need to be maintained in order to carry those statements of transparency in supply chains by the companies affected. I am very happy to undertake to update noble Lords on progress with that in the course of my responses.
Lord Elton (Con)
Before my noble friend sits down I plead the excuse of being the Minister who moved the original PACE and took it through this House. I have a sort of avuncular interest, particularly in codes of conduct. I would be most grateful if he copied me in to the correspondence about the bearing of PACE codes of conduct on these new people operating under the Bill.
Lord Bates
I would be delighted to ensure that the noble Lord, as a distinguished former Home Office Minister, is so copied in.
Lord Bates
“Functions in relation to labour market
(1) Schedule (Functions in relation to labour market) (functions in relation to labour market) has effect.
(2) The Secretary of State may by regulations confer other functions on the Gangmasters and Labour Abuse Authority or its officers.”
Lord Bates
“PACE powers in England and Wales for labour abuse prevention officers
(1) After section 114A of the Police and Criminal Evidence Act 1984 insert—
“114B Application of Act to labour abuse prevention officers
(1) The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.
(2) The regulations may apply provisions of this Act with any modifications specified in the regulations.
(3) In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—
(a) falls within subsection (4), and (b) is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.(4) An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—
(a) acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),(b) acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act), (c) acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,(d) acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or(e) acting for any other purpose prescribed in regulations made by the Secretary of State.(5) The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.
(6) Regulations under this section are to be made by statutory instrument.
(7) Regulations under this section may make—
(a) different provision for different purposes;(b) provision which applies generally or for particular purposes;(c) incidental, supplementary, consequential, transitional or transitory provision or savings.(8) Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.
(9) A statutory instrument containing regulations under this section which amend or repeal any provision of an Act of Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(10) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(11) In this section—
“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;“labour market offence” has the meaning given in section 3 of the Immigration Act 2016.”(2) In section 18 of the Gangmasters (Licensing) Act 2004 (obstruction of officers), in subsection (1)(a), after “this Act” insert “or functions conferred by virtue of section 114B of the Police and Criminal Evidence Act 84 (application of that Act to Authority officers)”.”
Lord Bates
“Relationship with other agencies: requests for assistance
(1) The Gangmasters (Licensing) Act 2004 is amended as follows.
(2) Before section 23 (but after the italic heading before it) insert—
“22A Relationship with other agencies: requests for assistance
(1) The Authority may request any relevant person to provide assistance to the Authority or any of its officers.
(2) The Authority may make a request under subsection (1) only if it considers that the assistance would facilitate the exercise of any function by the Authority or any of its officers.
(3) Any relevant person may request the Authority to provide assistance to the relevant person.
(4) A relevant person may make a request under subsection (3) only if the person considers that the assistance would facilitate the exercise by the person of any function.
(5) A request under this section must—
(a) set out what assistance is being requested, and(b) explain how the assistance would facilitate the exercise of the function.(6) A person who receives a request under this section must respond to it in writing within a reasonable period.
(7) Each of the following is a “relevant person”—
(a) a chief officer of police for a police area in England and Wales;(b) the National Crime Agency;(c) a National Crime Agency officer;(d) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;(e) any other person prescribed or of a prescribed description.(8) Before making regulations under this section the Secretary of State must obtain the consent of—
(a) the Scottish Ministers, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;(b) the Welsh Ministers, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly; (c) the consent of the Office of the First Minister and deputy First Minister, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.”(3) In section 25 (regulations, rules and orders), in subsection (5)—
(a) omit the “or” at the end of paragraph (a);(b) at the end insert “, or(c) section 22A(8)(e) (regulations adding to the definition of “relevant persons”).””
Identity Documentation
Lord Bates Excerpts(8 years, 4 months ago)
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The Minister of State, Home Office (Lord Bates) (Con)
My Lords, I, too, thank the noble Lord, Lord Campbell-Savours, for securing this debate and continuing an exchange which we had when he raised his Question in your Lordships’ House recently.
At the outset, let me say that I may well disappoint the noble Lord by the nature of my response, because the Government’s position is that identity cards as described—and certainly as introduced by the previous Labour Government—failed essential tests in that they were expensive. I realise that the sums talked about— £85 million—may not in the current scheme of things seem large, but back in times of austerity in 2010 they were very significant. Where something was not delivering the expected benefits, the decision was made to use that funding elsewhere.
I totally agree with the noble Lord’s analysis of a growing problem. We need to look at it very carefully. A number of noble Lords spoke about the changing nature of commerce and the way the state interacts with citizens, which raise a number of serious questions about how we establish our identity and keep services and information safe. That is why the Government issue a number of identity documents at present. Some 54 million people—84% of the population—have a passport. Increasingly, those passports carry biometric data, which can be used at special e-border gates that are being introduced. Sixty per cent of the population carry a photo driving licence. I understand that that does not apply to the noble Lords, Lord Berkeley and Lord Harris, but a large proportion of the population does.
Several noble Lords rightly pointed to the fact that, outside of identity cards, there is an EU agreement that all people coming from outside the EEA into that area for a period in excess of six months should be required to have a biometric residence permit. So far, 2 million of those documents have been issued. Moreover, there is a similar European requirement for an application registration card for those claiming asylum in any EEA member country. That applies in this country as well.
I should say at this point that I fully support the point made by the noble Lord, Lord Rosser, about collaboration with our European colleagues on security grounds being critical to the safety and security of people in this country. I shall come to some of the measures to which he referred later.
The first point is that there are already a large number of established and robust identity documents. The British passport is recognised as a gold standard in the international community, in terms of its ability to frustrate the fraudsters and those who would seek to copy these documents. Then there is the legislation we introduced just last year on specialist printing presses, which ought to be clamped down on—and the penalties should be increased.
So we have, first, already a large number of identity documents that could be called upon in certain circumstances to establish and verify people’s identity.
Lord Campbell-Savours
Would the Minister confirm that there are no biometric data in the form to which I referred in my contribution for those 600 UK citizens who have gone to join ISIS and who may well return to the United Kingdom in the near future to carry out terrorist offences? Would he confirm that we do not hold biometric data on those persons, unless they committed a crime in the United Kingdom in the period before they left to go to Syria or Iraq?
Lord Bates
In the strict way in which the noble Lord poses the question, of course, the answer would be—
Lord Bates
Well, in one way, of course, that would be the answer. But let me unfold this, if I can. First, as a result of the counterterrorism legislation that we introduced last year, the Government are now able to intervene and seize someone’s passport before they actually leave the country. Secondly, as a result of that legislation there is the ability to have a controlled or managed return for the individual to this country. Additional passenger name recognition registration information needs to be supplied in advance, and since April, we have introduced exit checks for people leaving this country. Therefore, those people would have needed genuine passports, which would have been checked at the border.
Lord Bates
We do not know the specific type of passports they were travelling with in that instance. But additional elements have been introduced to improve our security, and I may just go through a few of them. Certainly, the passenger name records directive was agreed at the Justice and Home Affairs Council following the Paris attacks last year. We have the biometric residence permit, the application registration card, and the Prüm requirements for the exchange of databases. We are part of the Schengen information-sharing system with our European colleagues, and we are going to be part of the second-generation Schengen system. We are part of the European criminal records information system for sharing data across borders. Of course, I appreciate that people will feel that additional information is required, which is one reason why we are introducing the Investigatory Powers Bill. We are also investing heavily in our border security: £380 million of investment is going into the borders and immigration citizenship system, and the digital services for the border security programme, to which we have committed. We have committed an additional £64.5 million to the Channel ports to improve security there, and we have announced a further £1.9 billion to be spent on intelligence and security matters.
Lord Berkeley
That is a lovely list of what is happening and what he is doing, but did the Minister read the piece in the Guardian on Monday, which I briefly referred to, which said that two of the terrorists came and in out through Dover without being checked? I remember that some time last year before the election, when the noble Baroness, Lady Kramer, was a Minister, I complained that lorries and cars were not being checked going into Dover, and her answer was that if we checked everyone we would cause a traffic jam. That is a pretty bad reason.
Lord Bates
In the wake of the terrorist attacks, we have introduced 100% border checks at scheduled arrival ports in the United Kingdom. I cannot see how that assertion would stack up with the evidence.
Lord Marlesford
What matters is the proportion of people who are checked when they arrive and leave. What is the figure in each case now—not what is planned, not what is hoped for, but now?
Lord Bates
I gave the answer in another context. We have introduced 100% checks for scheduled arrivals at main UK ports, and in April we introduced exit checks for scheduled departures from UK ports.
Lord Marlesford
Is my noble friend saying that 100% refers to exit checks as well?
Lord Bates
I am saying that the exit checks apply at scheduled departure ports. That is quite a precise statement. That covers the vast majority of people who come in and out of this country.
Lord Marlesford
I am sorry, I must ask my noble friend: are 100% of the people leaving the UK checked or not?
Lord Bates
The short answer is no by my noble friend’s definition, but at the principal ports of entry and departure 100% are checked.
Let me cover some of the additional points that have been raised. The noble Lord, Lord Ramsbotham, raised some very interesting points about prisoner numbers. I will share them with the Ministry of Justice and look at whether there could be greater use of existing identity numbers for people in prisons to allow better and easier access to different sorts of information.
The noble Lord, Lord Campbell-Savours, made the point that better identity information might lead to greater tax revenues. The UK has one of the smallest tax gaps in the world, which is a reflection not only of the effectiveness of Her Majesty’s Revenue and Customs but of the tax rates that are levied on people.
On the argument that we ought to have more information in fewer places, to the point where we receive all information in one place, as the noble Lord, Lord Maxton, postulated might happen in future, multiple sources of data help reduce some security risks. If all DWP, health, passport, criminal record, DVLA, HMRC, DBS and DNA data were in one place, it would make their cybersecurity extremely vulnerable. My noble friend Lady Shields is Minister for Internet Safety and Security, and I will make sure that the contents of this debate and noble Lords’ contributions to it are drawn to her attention.
It is right to talk about the balance between liberty and security, as the noble Lords, Lord Scriven and Lord Oates, said, but it is also correct that without security there can be no liberty. However, their points were made, and I have noted them. An important guarantee of those liberties is the rigorous, independent system for checking where access may have occurred. For example, we have a Biometrics Commissioner, an Information Commissioner and even a Surveillance Camera Commissioner. They are all important guarantees to citizens that their information is handled carefully.
The noble Viscount, Lord Simon, mentioned the Disclosure and Barring Service. I shall write to the noble Viscount about that. There is a service standard on the Disclosure and Barring Service which would be substantially less than the three-month to four-month term that he mentioned. We will therefore need to find out why, in those particular circumstances, that was not being met.
The noble Lord, Lord Blair, challenged me—this is a very important point—to say from a Conservative perspective why Conservatives are so opposed to this. As a number of noble Lords have mentioned, this is not an ideological position; it was a Conservative Government who first introduced and discussed the idea of having an identity card, so it is not something to which we as a party are ideologically opposed. However, we have hardly been guilty of changing our mind on this at frequent intervals; we set out our position very clearly, from 2005 onwards, that we were opposed to ID cards. I recall taking part in debates from the other side of the House during the passage of that legislation and around that time, so we have been very clear for 10 years that we do not believe that to be the way forward.
The noble Lord, Lord Blair, is a distinguished former Commissioner of the Metropolitan Police. As we were preparing for this debate, I asked what representations we had received from the police and security services saying they believed that an ID card as proposed would be essential for them in tackling fraud or crime.
Lord Maxton
Will the Minister make clear exactly what the Government are doing about identity numbers, or whatever they might be, in relation to the provision of services by the Government?
Lord Bates
Let me finish this point, then I shall come to that one. The point that I was making is that this is not something that has been repeatedly asked for. We are not repeatedly approached by ACPO, the College of Policing or the security services asking us to consider reintroducing it. I hope the noble Lord, Lord Harris, will appreciate that that is not an insignificant point; there is no growing clamour from the police and security services that our society is at risk and there is a great gap here. What they are asking for are additional powers such as those proposed in the investigatory powers Bill and in the counterterrorism legislation that was introduced last year.
With regard to people coming to this country, where the noble Lords, Lord Scriven and Lord Oates, both had a point was in saying that where countries have ID cards there is little evidence that their crime levels are significantly lower than ours—our crime levels continue to fall—that their experience of terrorism was greater or less or was affected by that, or that they had less legal migration to the country. Through the Immigration Bill, we are seeking to make it much more difficult for those people who are here illegally to operate within this country—to gain employment, get a driving licence or a bank account, or to rent accommodation. All those things are being put forward in this system.
As I draw to a close, I shall deal briefly with the point made my noble friend Lord Attlee, who asked about DNA. We have looked at the match of DNA. One of the things that we have signed up to is the exchange of DNA databases. I know he is arguing that the DNA database ought to be much more widely held, and even compulsory. We would not go that far, but we believe that DNA can play a crucial role in resolving crimes and acting as a deterrent. That is why we signed up to the Prüm measures, which will allow those exchanges of information to be made.
A number of other points were raised in the debate, but I can simply say that the Government have certainly not set their face against this in an ideological way. We have considered the case that has been made and have found it wanting. That debate will continue. The noble Lord, Lord Campbell-Savours, said in his introduction that this area of debate will not go away. I suspect that it will not; we will continue to look at it but will also make vigorous and critical arguments as to the many things we are doing to maintain our security and keep our civil liberties in place as well.
Immigration Bill
Lord Bates Excerpts(8 years, 4 months ago)
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Lord Bates
That it be an instruction to the Committee of the Whole House to which the Immigration Bill has been committed that they consider the bill in the following order:
Clauses 1 to 10, Schedule 1, Clause 11, Schedule 2, Clause 12, Schedule 3, Clauses 13 to 19, Schedule 4, Clauses 20 to 28, Schedule 5, Clause 29, Schedule 6, Clauses 30 to 32, Schedule 7, Clauses 33 to 37, Schedule 8, Clause 38, Schedule 9, Clauses 39 to 44, Schedule 10, Clause 45, Schedule 11, Clauses 46 to 59, Schedule 12, Clauses 60 to 65, Title.