Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2021

Lord Bhatia Excerpts

Thursday 15th July 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, I agree with what the noble Baroness, Lady Williams, said in her introduction and I will not repeat the Explanatory Memorandum for this SI. Does the Minister agree that a large proportion of the Muslim community does not agree with terrorism and that these terrorists are acting in their own personal interests?

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

Lord Bhatia Excerpts

Tuesday 22nd June 2021 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Home Office. It clarifies a provision in the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 relating to the detention at ports power.

Section 141 of the Nationality, Immigration and Asylum Act 2002 permits an order to be made to provide for a law of England and Wales to have effect, with or without modification, at a juxtaposed control at an EEA port. Pursuant to this, the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 was made. At present, the juxtaposed controls locations governed by the 2003 order are those at the ports of Calais and Dunkirk in France and, for the French authorities, at the port of Dover in the UK. These juxtaposed controls are provided for under the Le Touquet treaty of 2003.

The order in 2003 did not follow this model and, instead, stipulated a list of specific immigration enactments to be extended to the control zones in French seaports. To align the operation of controls across all juxtaposed locations in line with the operation of controls across the UK, the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 amended the 2003 order to extend all current immigration enactments, without specificity, to the seaports—

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am sorry to interrupt the noble Lord, but he is simply reading the Explanatory Memorandum, which all noble Lords have. If he has some points to make or questions to ask of the Minister, if he might move on to those, that would be appreciated, I think.

[Lord Bhatia (Non-Afl) [V]]

My question is, who has made these errors and what has been the cost of correcting them?

Misuse of Drugs Act 1971 (Amendment) Order 2021

Lord Bhatia Excerpts

Monday 17th May 2021 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Home Office, and this instrument brings three benzodiazepines—forgive me if I cannot pronounce them, but I can send the details—under control as class C drugs under Part 3 of Schedule 2 to the Misuse of Drugs Act 1971, owing to their potential harm and evidence of the prevalence of these drugs in the UK. This order controls these three compounds as class C drugs under the 1971 Act, following advice from the ACMD published on 29 April 2020, owing to the potential for these compounds to create harm and evidence of these drugs in the UK. The Home Office will issue a circular with legislative guidance primarily for the police and courts. The Government will continue to update their messaging on the harms of these substances, including through their information and advisory service online.

Can the Minister explain what fines and prison sentences will be given to individuals who breach these orders?

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Lord Bhatia Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, this SI has been prepared by the Home Office. The purpose of the order is to harmonise the legislative regimes across the juxtaposed controls, thereby also extending the powers to use reasonable force, as set out in Section 146 of the Immigration and Asylum Act 1999, to the juxtaposed controls at the northern French seaports. The UK currently operates border controls at ports in France, Belgium and the Netherlands. This allows Border Force officers to conduct immigration checks in the same locations, policing and goods checks relating to passengers and freight destined for the UK before they begin their journey.

This is a reciprocal arrangement with the French officers who conduct entry checks at ports in the UK on passengers and freight destined for continental Europe. This optimises the efficiency of border control processes and provides earlier intervention to prevent those who seek to do harm from reaching the UK and are crucial to tackling irregular migration and disrupting organised immigration crime.

With thousands of attempts made by persons seeking to enter the UK illegally via the northern French seaports every year, and with many of those individuals not complying with immigration processes once intercepted, it is necessary to grant Border Force officers at the juxtaposed-control seaports, the power to use reasonable force where strictly necessary when non-compliant persons present a danger to themselves or others.

Will children wishing to join their families or relatives be protected and allowed to enter the UK?

Antique Firearms Regulations 2020

Lord Bhatia Excerpts

Wednesday 6th January 2021 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, the use of antique firearms in criminal activity has risen in recent years. Antique firearms kept as ornaments are currently exempt from several provisions in firearms legislation. At present, there is no statutory definition of an antique firearm. For that reason, this instrument will better regulate the sale of such firearms and responds to concerns raised with the Government by law enforcement agencies about the increase in their use in criminal activities in recent years.

Section 58(2) of the 1968 Act exempts from most controls under that Act antique firearms

“sold, transferred, purchased … as a curiosity or ornament”.

This includes being able to possess them as a “curiosity or ornament” without needing a firearms certificate and trade in them without being registered with the police as a firearms dealer.

Recently, an increasing number of antique firearms have been recovered in criminal circumstances. There is obviously a need to regulate the sale and purchase of antique firearms; I welcome this initiative. There are also antique knives, swords, et cetera. Do the Government intend to regulate their sale and purchase?

Domestic Abuse Bill

Lord Bhatia Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, the Bill seeks to increase awareness of domestic abuse, support for victims and the effectiveness of the justice system. The Bill includes provisions in several areas, including new definitions of domestic abuse, extra protection for victims and witnesses in court, and codifying the principle that consent to offences involving violent or abusive behaviour is not a defence.

The Bill received cross-party support in the other place. However, four concerns were raised by MPs, as follows: first, whether the carers of persons with disabilities should come under the definition of “personally connected” for the purpose of domestic abuse; secondly, the duty on local authorities to support victims of domestic abuse; thirdly, whether the defence available for the offence of controlling or coercive behaviour should be repealed; and, fourthly, recourse to public funds for domestic abuse survivors. The Refugee Council has stated that, despite repeated assurances from the Home Office that the policy intention within the Bill is to treat all those reporting domestic abuse as survivors first, current provisions mean that many migrant women are not able to access life-saving accommodation and support services when they need them.

There are also some problems in BAME communities. There are reports of domestic abuse by family members towards women who come into the family from marriages with UK residents. Often such women are considered as baby machines, expected to do all the housework and rarely allowed to go out. There are also cases of abuse not only by husbands but by mothers-in-law. Can the Minister confirm whether BAME communities have been consulted on this Bill?

Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

Lord Bhatia Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, the Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 allow for the implementation of the separation provisions in the UK-EU withdrawal agreement relating to law enforcement and security co-operation. Although the UK has left the EU, it continues to participate in a range of EU law enforcement and criminal justice co-operation schemes. This participation will continue until the end of the transition period.

The Home Office states that this SI has three functions. First, while the EU withdrawal agreement Act implemented the withdrawal agreement, this SI would make the “necessary further, specific amendments” to give full effect to the LECJ separation provisions in the agreements. The separation provisions require the continued application of EU measures in cases still ongoing at the end of the transition period. Secondly, the regulations amend UK law to give effect to provisions which require the preservation of relevant law on criminal justice data and information collected prior to the end of the transition period. Thirdly, as the body of EU law relating to LECJ co-operation either ceases to apply in the UK or is transferred into “retained EU law” at the end of the transition period, the regulations would make amendments to “address deficiencies” in the retained law. For that purpose, the current regulations would amend the two regulations passed in March 2019 to take account of EU law which has come into force since they were made.

On 18 November, the Minister for Security said that scope of the regulations was “narrow” and they would be required under any scenario in which the UK had left the EU. He went on to say that this SI

“will provide legal and operational clarity regarding the handling of live law enforcement and criminal justice related cases and procedures at the end of the transition period, and will ensure that the United Kingdom has a fully functioning statute book.”—[Official Report, Commons, Fifth Delegated Legislation Committee, 18/11/20; col. 3]

Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020

Lord Bhatia Excerpts

Wednesday 18th November 2020 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, this instrument was prepared by the Home Office. It will ensure that the UK can continue to utilise electronic passport gates, which are described as

“a secure and efficient mechanism for travellers to cross the border, to process the arrival of citizens of current EU and EEA member states and Switzerland entering the UK as visitors after the end of the transition period on 31 December 2020”.

Heathrow is a particularly busy airport, with flights arriving and leaving all the time—for almost 20 hours a day. E-gates have been a big blessing for the airport authorities there. Similar problems exist in other airports in the UK, such as Gatwick.

It is also said that:

“This SI is important to maintain security and fluidity across the UK border.”


Whereas all the above makes sense and is good, we have to worry about terrorists entering the UK. With the recent events in France, security for the UK must be enhanced. There are also many migrants crossing the channel in small boats; many of them are unable to cross due to the waves, which can cause their deaths. The security of our borders is very important and I welcome this SI.

Brexit: Refugee Protection and Asylum Policy (EUC Report)

Lord Bhatia Excerpts

Tuesday 22nd September 2020 Grand Committee

[Lord Bhatia (Non-Afl) [V]]

My Lords, the UK has traditionally welcomed people from all over the world and gained by it. It took a lot of courage when the Government allowed the East African Asians to settle in the UK because of the decision taken by the Ugandan Government to expel all Asians. Similarly, many Asians left Kenya and Tanzania because of the changes in government policy on the nationalisation of banks, financial institutions, industries and large businesses. There are Members of this House and the other place who came from East Africa. Decades later we can see that, as UK citizens, the East African Asians have achieved many successes in businesses, professions, tourism and restaurants. They have contributed by paying taxes and creating new jobs, employing not only their own but the wider community.

People from other countries come to the UK for business, employment or when they are forced to leave their countries due to persecution from politicians there. Many flee from their own countries to save their lives. Among them are young children who wish to migrate to join their families in the UK. As we exit the EU this year, we should make provision for settlement of refugees, particularly young children who wish to join parents, siblings or members of their wider families. Look at the decision of the German Government to allow refugees from Iraq and Syria. Germany has gained people who are highly and professionally trained. [Inaudible.]

We should not endanger the lives of people fleeing other countries. We see daily reports of refugees in small boats crossing the channel from the continent to the UK on dangerous seas. I ask the Government to look at this issue not with suspicion but with humanity. Can the Minister provide figures on how many applications were received, granted and refused under paragraph 319X of the Immigration Rules?