(1 day, 10 hours ago)
Lords ChamberMy Lords, as the noble Lord, Lord Kamall, has already pointed out, we in this Chamber share the same goal: for people to die with dignity and compassion. They are critical concerns for those who, like me, believe that the Bill is deeply flawed. Noble Lords will know that I am a former government Chief Nursing Officer, and I chaired the UK Commission on Bereavement. As a nurse, a priest, a daughter and a granddaughter, I have had the privilege to be with many people as they die. Most people die well although, as we have heard and will continue to hear, that is not always the case. I have known people to experience some of the most valuable days of their life as it comes to an end, including those with terminal illnesses.
As the noble Baroness, Lady May, has just pointed out, to change the law is to change society. Any law that introduces choice for a few is not limited in its effect to only those few. If passed, the Bill will signal that we are a society that believes that some lives are not worth living. The Bill would become our state-endorsed position, and our NHS would be active in its delivery. It is the role of the House to scrutinise, but there are no amendments to the Bill that could safeguard us completely from its negative effects.
I am concerned for those who will face internal and subtle pressure to end their lives in the absence of adequate palliative and social care or to avoid being a burden to their families. I understand the fear of many that they may be offered free assisted death before they are offered the care and equipment that they may live. I am concerned that we are still in the dark about how the Bill will be integrated into a struggling health and social care system, as the Delegated Powers Committee report has shown. I am concerned that the Bill is unequal to the task of preventing avoidable deaths due to the existing problems of discrimination, inequality and abuse. I am deeply concerned that so many in Parliament are not heeding the voices of professional and representative bodies that are raising the alarm. Above all, the Bill fails in its central claim that it delivers choice. A meaningful choice would see the measures in the Bill set alongside equally available, fully funded palliative and social care services. Without that being offered, this choice is an illusion.
It may not be the will of the House to take the decision on the principle of the Bill today, but I firmly hope that we will do so at Third Reading. If it is necessary, I will table the amendment myself, so the House is given the same opportunity as the other place to decide. Until then, I have no doubt that the scrutiny given to the Bill in the coming stages will make plainer its inadequacies.
As we have heard, much of the debate is about fear: fear of pain, illness, dependency, loss of control and being somehow unrecognisable to yourself and to others. The challenge, however, is that life is not something to be managed or limited when it becomes difficult. Life is often more than we can ever understand it to be. I believe in a God whose very being is life and, in that gift, we can discover meaning, dignity and innate worth, even if we are dying. To speak of God is to speak of the one who never is indifferent to human fragility, but who holds it and tends it. That is why I believe that there is always hope—hope that what looks like an ending is not the last word and hope that, with proper care, support and research, dignity and compassion are still possible. It is this firm belief that compels me to resist the Bill.
(7 months, 3 weeks ago)
Lords ChamberMy Lords, I support this significant Bill tabled by the noble Baroness, Lady Grey-Thompson, who has articulated very clearly why it is important. First, I want to recognise, on behalf of the Church of England, our own shocking failures in safeguarding and take this opportunity to apologise to victims and survivors of Church abuse. I fully support the introduction of mandatory reporting of child sex abuse and of other abuse, in all contexts. I note the Government’s commitment to doing so in their upcoming police and crime Bill. Today’s debate gives us another opportunity for this important discussion. I pay tribute to the noble Baroness, Lady Grey-Thompson, for bringing the Bill forward, and to Members of your Lordships’ House for their contributions, which I know at times will not be easy.
I have spoken of the need in the Church of England for a reset in safeguarding. This must include a genuinely survivor-focused approach, with independence and mandatory reporting at its heart. Proposals will be brought forward to the Church of England’s General Synod in February, including the introduction of a mandatory reporting requirement in the statutory safeguarding code on managing allegations. We on these Benches want to continue to work with the Government to support the legislation they bring forward on mandatory reporting, but it must include legally precise definitions of the person to whom the duty applies. This Bill will need some amendment to offer that precision. However, I strongly support its principle and stand ready to work with the Government on this vital safeguarding reform, which, as we have already heard, is long overdue.
(9 months ago)
Lords ChamberMy Lords, I am glad to add my voice on the Second Reading of this Bill, and I pay tribute to the noble Baroness, Lady Lister, for bringing it forward.
As the Bishop of London, I see many churches which have stepped in to provide support to newly recognised refugees when the process of support just does not work as it should. Last year, I led a letter signed by 44 other faith and belief leaders in London to raise awareness of the high rates of homelessness for the newly recognised refugees. Many other faith groups and churches found themselves supporting newly recognised refugees who were street homeless. As part of the letter, we called for the Government to extend the support to 56 days. Following the letter, I had a very productive meeting with the noble Lord, Lord Sharpe of Epsom, when he was in his ministerial post, along with officials, and I pay tribute to him for his willingness to listen and, in fact, his willingness to respond.
We identified a few issues that have already been highlighted that people were facing. First, as we have already heard, 20 days is simply not enough, even if they do everything right. Secondly, the letters are complicated and there are a number of them: the letter for biometric residence permit and notice to quit as well as the decision letter. When we looked, with permission, at these letters, they were often very long, reaching to seven or eight pages and were often unclear. Critically, they did not clearly state the date at which support would end, apart from the notice to quit period, which is only seven days in advance. Of course, if that letter comes late or is delayed in the post, some people were facing only one or two days’ notice. Thirdly, we found that several people had errors with their biometric residence permit which meant that they could not access the support they needed and were still evicted at the end of their support period. These mistakes are incredibly difficult to correct, particularly if it is a spelling mistake.
For these reasons, I support this Bill. After having met the previous Minister and Home Office officials, we continued to work with them. One of the successes is that the letters have become clearer, particularly the letter making it clear when accommodation would end. That date is now much clearer in that letter. I also welcome the workaround simplification of the letters that refugees receive. As regards the pilot that has been announced by the Government, I ask the Minister how it will be evaluated and whether the Government continue to work with newly recognised refugees, so that the communication improvement continues. Finally, I wonder what action the Government are taking to ensure that the administrative systems are appropriately resourced so that they are efficient.
(9 months, 1 week ago)
Lords ChamberI take what the noble Baroness has said at face value. I have not had any exposure to that issue—it has not come across my desk—but I will take it away and reflect on it. I assure her that there is co-operation between the Irish authorities and the United Kingdom authorities—and, indeed, the Northern Ireland Assembly—on all matters relating to the common travel agreement area.
My Lords, I welcome the action that the Government are taking to get on top of the asylum backlog and to process claims formerly deemed as inadmissible. I appreciate, therefore, that more individuals may be found ineligible for asylum and may need to return. Therefore, are the Government going to review the current safeguarding policies in place for enforced return and, if so, how?
I am grateful to the right reverend Prelate for her question and comments. We will certainly keep that under review. It is important that people have both safeguarding properly implemented and any removal, either forced or voluntary—going back to a question raised earlier—done in as humane a way as possible. I will certainly reflect on the points she has made and give her further clarification in writing.
(1 year, 7 months ago)
Lords ChamberMy Lords, I share many concerns about the Bill that have been expressed by many other noble Lords, but I will focus on human rights. What underpins my contribution to the House is a fundamental belief that all people are made in the image of God. It is a belief that is the foundation not just of the Christian faith but of many other faiths and religions. People have an inherent immeasurable value and deserve dignity and respect. In the Bill, unfortunately, the value of people is consistently maligned. For example, the Bill decides who is and is not entitled to human rights. Has history not taught us the risk of that?
It is an odd situation that we find ourselves in when it feels necessary to state in your Lordships’ House that the Government should obey the law, yet the Minister has stated on the face of the Bill that he is unable to say that the measures within it are compatible with the European Convention on Human Rights. Clause 3 disapplies sections of our Human Rights Act and Clause 1(6) lists great swathes of international law that will be contravened to pass the Bill. As many noble Lords have said, it is illogical that the Government are disregarding international law while relying on Rwanda’s compliance with it to assure us it is safe. That is not a mark of global leadership.
Clause 5(2) states that compliance with interim measures made by the European Court of Human Rights will be decided by a Minister of the Crown. Disregarding these orders will cause legal uncertainty, with a profound impact on how we expect others to abide by international law. We have a respected place on the world stage, with very few injunctions in comparison to other European countries, because human rights legislation is so well embedded in our law. As a number of noble Lords have said, the Bill marks a change. We cannot afford to forfeit our place in the international community in the face of the significant global challenges that must urgently be navigated. Global conflict remains a serious issue, and we must not lose our focus or our leadership on it.
Passing the Bill will mean that other countries will be tentative in reaching forward to us on other international agreements. In addition, it is troubling that the vulnerable are not being protected in the Bill, with no exceptions made for victims of trafficking or children who either are in families or are suspected to be adults. The right reverend Prelates the Bishop of Chelmsford and the Bishop of Bristol are not able to be in their places today but hope to explore amendments to further protect these vulnerable groups, to which I hope the Government will give due consideration.
The Bill disapplies parts of the Human Rights Act with respect to asylum seekers, and the Government are doing the same in respect of certain prisoners in other legislation before this House. This is a slippery slope. Making a minority group unprotected from the actions of the Government undermines everyone’s collective access to justice.
If our courts find that this legislation is indeed incompatible with rights under the ECHR and issue a declaration pursuant to Section 4 of the Human Rights Act, will the Minister confirm that the Government will make a Statement to Parliament and bring forward regulations to remedy the incompatibility?
I underline that my overriding concern is that in this legislation we are deciding to whom human rights apply and to whom they do not. Again I say: has history not taught us the risk of that? I hope the Government will consider that question before proceeding any further. As the House has heard, we on these Benches will continue to engage with the Bill to develop better legislation that will recognise the value of each human being.
The House may not be surprised to hear that I also support the most reverend Primate in his call for a long-term strategy for immigration that is cross-government and worked out with our international partners.
(1 year, 8 months ago)
Lords ChamberTo ask His Majesty’s Government whether they plan to ensure that refugees are given 28 days’ notice before they are required to leave their Home Office accommodation, having received documentation after being granted asylum or being given leave to enter or remain.
My Lords, the current practice is that individuals remain on asylum support and in asylum accommodation for 28 days from the point of the biometric residence permit being issued. This means that individuals have longer than 28 days’ notice after receiving their grant of leave to make onward arrangements.
My Lords, last week during the Question from the noble Baroness, Lady Thornhill, the case was well made that the 28-day period is inadequate and should be extended to 56 days to allow universal credit and housing benefit to come through. However, many of those who support refugees are receiving increasing numbers of concerns that refugees are being given as few as seven days’ notice before being evicted, causing widespread homelessness and greater concern. Last week, I, along with 45 faith and belief leaders, wrote to the Minister for Illegal Migration and the Faith Minister about this. What data is the Home Office collecting that demonstrates that the 28-day notice period is being properly implemented? What action will it take to review it, given reported failures to do so?
My Lords, I will go through the process: all individuals who receive a positive decision on their asylum claim can remain on support and in their accommodation for at least 28 days from when their decision is served. However, as I said in my earlier Answer, current practice is that individuals remain on that support and in accommodation for 28 days from the point of the biometric residence permit being issued. That can be five to seven days after the asylum decision. This means that individuals have longer than the 28 days’ notice after receiving their grant of leave to make onward arrangements. Confirmation of the exact date that an individual’s support and accommodation are due to end will be issued in a notice-to-quit or notice-to-vacate letter from the individual’s accommodation provider. This notice will be issued at least seven days before support and accommodation is due to end. There are at least three opportunities there where the asylum seeker, or the asylum claimant who has received a decision, will be notified. They have plenty of time.
(1 year, 9 months ago)
Lords ChamberMy Lords, I thank the Minister for updating us on some of the recommendations from the Windrush Lessons Learned Review. I am particularly encouraged to hear that recommendation 27 in terms of the overarching strategic race advisory board has been implemented. Could the Minister update us on recommendation 26, around how they can demonstrate a diverse and inclusive senior leadership team?
I am afraid I do not have the details on the specific recommendations and the progress, but I will endeavour to find them, and I will write to the right reverend Prelate.
(1 year, 9 months ago)
Lords ChamberMy Lords, I follow all the previous speakers, including that consummate professional, the noble Lord, Lord Kerr of Kinlochard. I have some similar questions for the Minister. I will try to edit as I go so as not to be too repetitive.
I started by wondering whether the Home Office could possibly be in a position to bring forward and implement these instruments. The GOV.UK website shows the Home Office as still seeking to recruit members to the Age Estimation Science Advisory Committee: a behavioural scientist with expertise in interview techniques and someone with expertise in children’s social services. Is that recruitment still going on? The website shows the closing date as having been December 2022. These areas of expertise are surely crucial.
In this contentious area, does bringing forward instruments fall within the “doing everything it takes” message? How far have the Government got in preparing for these biological techniques? A few days before Prorogation, I asked a Written Question about the estimated cost of using X-rays, MRI and any other scientific methods provided by the legislation. The Written Answer, which I was told was a holding answer—because we were of course running out of Session—was:
“The Home Office does not yet hold this information. Work is ongoing to determine the level and type of capacity required to support the imaging service”.
Then on 24 November, a few days ago, I received what was described as “a full response”. I was surprised that it was followed up by letter but here it is. I will not repeat the two sentences I have just quoted, because they are exactly the same. The letter goes on:
“It is anticipated that the service will then”—
that is, after the ongoing work—
“be subject to a competitive procurement process, which will provide final clarity on costs”.
No wonder there is no impact assessment giving costs.
On Report on the Illegal Migration Bill, the noble Lord, Lord Murray, as my noble friend said, talked about the regulation-making power not being exercised
“until the Secretary of State is satisfied that the science and analysis are sufficient to support providing for an automatic assumption of adulthood”.
He also said that the Government will
“continue to seek scientific advice”
to ensure the regulations
“are based on a firm evidential basis”.—[Official Report, 5/7/23; col. 1239.]
Can the Minister say whether the chief scientific adviser to the Home Office and AESAC have provided that basis? One must assume that the Secretary of State—either the Secretary of State in office when the SIs were published or the current one—was appropriately satisfied.
The interim committee in October 2022, which is where the website took me, dealt with proposing an age range and assessing whether the claimed age was possible. I am repeating what my noble friend has said because it is a really important point. The committee also recommended that
“no automatic assumptions or consequences should result from refusal to consent”
to procedures—if that is the right term, because it is certainly not “treatment”. Then, of course, legislation we passed through Parliament allowed for both.
During the passage of the same Bill, the noble Lord, Lord Murray, said, in response to my noble friend Lord Paddick, that refusal to consent can be treated in a variety of ways,
“which will be described in the regulations”.—[Official Report, 12/6/23; col. 1817.]
Where can we find those ways? They are not in the version of the regulations I have been reading. He also said that it is
“crucial that we disincentivise adults from knowingly misrepresenting themselves as children”.—[Official Report, 12/6/23; col. 1812.]
I note the word “disincentivise”; we have heard a lot about deterring immigrants. However, he then said:
“I certainly would not compel any child to participate in age assessment”.—[ Official Report, 12/6/23; col. 1815.]
The problem is that the consequences of refusal are very close to compulsion.
During the passage of the then Nationality and Borders Bill, some of us had a very helpful briefing on age assessment arranged by the Home Office and chaired by the noble Baroness, Lady Black of Strome, who was then, as she described herself, the interim chair of the interim committee. We were given assurances that all information would be triangulated, so I ask for an assurance that the introduction of these techniques does not give them any particular status compared with—to quote an email from the Home Office I received following the briefing—
“views from a psychologist, or any other person with a role in the age-disputed person’s life”.
That speaks for itself.
During the passage of the two Bills the House discussed—not always at a user-friendly hour—the issue of consent linked with capacity and ethical considerations. By definition, the techniques do not benefit the child so it will be interesting to hear how they can be ethical. The House also discussed the culture, background and ethnicity of the young people seeking asylum in the UK who may be subjected to these techniques. I was glad to see that the interim committee report made it clear that socioeconomic factors and ethnicity affect the timing of development.
Home Office guidance acknowledges that
“physical appearance is a notoriously unreliable basis for assessment of chronological age” .
The committee report said that “any methodology should” minimise
“any health risk, whether physical or psychological”,
and that there are many reasons
“not to give consent for biological age assessment … not linked to concealment”.
Is the Home Office guidance being changed to fit the current policy? I doubt that many adults, were they in the same situation, could give informed consent. They could well be too traumatised to do so. We should also be aware that a good many asylum seekers come from countries where “medical procedures” are an instrument of torture.
The Secondary Legislation Scrutiny Committee report, of course in restrained language, was pretty damning. It pointed to the absence of the impact assessment, which has been referred to. The Explanatory Note to the instrument says that
“no, or no significant, impact on the private, voluntary or public sector is foreseen”
as the reason for not producing an assessment. Surely impacts are foreseen; they must be foreseen, including impacts on resources, with staffing and equipment diverted from the NHS for one. If the Minister cannot give a cost or range per person examined, can he give a unit cost for each application of each technique? Can he help the House on whether the health staff are available and whether they are willing to implement these techniques?
The scrutiny committee said that it is “vital”—not a term I can recall seeing before in such a report—
“that the Government closely monitor and review the policy and adapt it as necessary”.
The committee is quite right in saying that
“The House may wish to question the Minister”
on monitoring and evaluation. We do. When can we expect this and what can we expect by way of keeping Parliament updated?
The committee badges the regulations as “politically or legally important”. They are politically and legally contentious too. The techniques are “fraught with difficulty”, to use the words of the Advocate-General for Scotland during debate on the first of the two Bills. The difficulties are not solved by these regulations, which is why we cannot support them.
My Lords, I promise that I will be brief. I thank the noble Baroness, Lady Brinton, for moving this regret amendment and thank all those who have spoken so far and so well. I thank the noble Lord, Lord Winston, for pointing out that this is not science; it is the use of scientific instruments. My two concerns relate to consent, as many have spoken about, and to the workforce.
We have spent a long time in the health service over the last couple of decades to improve the way we consent and how people are able to give informed consent. Most of us going for tests and operations will have pages of documents that we will be taken through and then sign. I have concerns around whether people will truly consent. The Royal College of Paediatrics and Child Health has said that
“informed consent is fundamental to all medical practice, and by definition must be free from duress … This directly opposes both the principles of informed consent and the recommendations set out by the independent body commissioned to look at the policy—the Age Estimation Scientific Advisory Committee”.
Questions of capacity have also been raised here. Who will make the decision on behalf of a child if they have no legal guardian present? I am concerned about not only the issue of the X-rays but the impact of being asked to do this psychologically, emotionally and mentally. Could the Minister tell us what consideration has been given to safeguarding and support during and after medical examinations, especially in relation to consent and capacity?
My final point relates to capacity. The House does not need to be reminded that the health service at present—both the estate and workforce—is under pressure. The question is: who will take the X-rays? Will it be radiographers or other trained professionals? Where will the kit be that will be used? I also have a concern around those professionals undertaking this. Has the department consulted with professional bodies, such as those for radiographers? Has the Home Office developed plans for capacity? If so, has this been done in partnership with the NHS and professional bodies?
(3 years, 6 months ago)
Lords ChamberMy Lords, Amendment 58A, in my name and those of the right reverend Prelate the Bishop of London, the noble Lord, Lord Paddick, and the noble Baroness, Lady Meacher, would require the Secretary of State to prohibit the automatic sharing of the personal data of a victim of or witness to crime for immigration purposes.
This is a familiar issue to the House. It was a key issue raised in the Domestic Abuse Bill, when your Lordships voted to provide safe reporting for migrant victims of domestic abuse. In this Bill, this issue has been raised in particular due to the offence of arriving into the UK proposed in Clause 39.
The question I asked in Committee was: if a person is trafficked into the UK, is it the first duty of the police to recognise them as a victim of trafficking or as a criminal under Clause 39? I welcome that your Lordships’ House has just voted to remove the offence in question under Clause 39, but the issue of safe reporting continues to be of great concern.
A lack of safe reporting is damaging for victims, public safety and law enforcement because it prevents us tracking down and prosecuting dangerous people. This is not just the belief of Members of this House, it was the conclusion of the 2018 super-complaint. For victims of modern slavery, a mistrust of authority is a huge problem in encouraging people to come forward and identify themselves as a victim. What is practically being done to build that trust?
Rather than full safe reporting, the Government have opted for an immigration enforcement victims protocol, which they state will prevent enforcement action against victims while criminal investigations and proceedings are ongoing, and while the victim is being supported.
Organisations working on the ground with victims have raised that the protocol will not make victims feel safe to report offences, so it fails that first hurdle. Can the Minister address these concerns? In Committee, the noble Baroness, Lady Meacher, asked the Government to check whether it remains the case that one in two victims does not report crimes to the police for fear of disbelief and deportation. Does the Minister agree with that? What assessment have the Government made of the scale of the problem?
Safe reporting is a very real problem, which the amendment in my name seeks to address. I beg to move.
My Lords, I have added my name to Amendment 58A. I am very grateful to the noble Lord, Lord Coaker, for introducing this new amendment. In Committee, I tabled an amendment looking to create a data firewall for survivors of domestic abuse. This amendment, however, is helpful in that it is broader in its scope and gets to the critical underlying principle: namely, that victims and witnesses of crime should not need to fear coming forward on account of their migration status. I and my colleagues on this Bench, including the right reverend Prelates the Bishops of Gloucester and Bristol, have highlighted these concerns, notably during the passage of the Domestic Abuse Bill.
(3 years, 8 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the many noble Lords in this House who bring such expertise to our deliberations and compassion to our scrutiny of this Bill. I wish to focus my remarks particularly on Part 5 of the Bill, on modern-day slavery. It has been said that the Modern Slavery Act was a pioneering piece of legislation. I would agree with that, but there is so much more work for us to do to confront this blight on our communities. Addressing modern-day slavery is close to the Church of England’s heart. Through the Clewer Initiative and other programmes, we have worked to raise awareness and to support survivors. This is a matter in which civil society, law enforcement and government share a joint responsibility to act.
Several aspects of the Bill are welcome additions in the fight against modern-day slavery. I welcome the renewed commitment to support victims of physical and mental health and social being, and I welcome the leave to remain route for confirmed victims. However, I share the concerns of the noble Lord, Lord McColl, over whether this really goes far enough. There are other aspects that also seem troubling. We have heard from many noble Lords of concerns over inadmissibility and the proposed two-tier system for refugees. We must not lose sight of how this connects to modern-day slavery and exploitation. As my noble friend the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Dubs, highlighted, the more there is a lack of safe and legal routes, the more criminal gangs fill the vacuum to bring the desperate people here. Indeed, the harder we make it to arrive with ever more militarised and securitised approaches, the more the only available options are via sophisticated criminal gangs and support from alternative, illegal sources.
The Government have made it clear that they believe the existing modern slavery provisions are open to abuse and are being used to prevent people being removed from the country. I do not doubt their sincerity in this regard, but we must be cautious that in seeking to counter abuse we do not sacrifice the real victims. To do so would be to fail the promise and progress made by the Modern Slavery Act. This was a point that we explored during the passage of the Domestic Abuse Bill last year, and my noble friend the right reverend Prelate the Bishop of Gloucester and I will be looking again at the support and protections for migrant survivors of abuse at future stages of this Bill.
As regards victims of modern slavery, I hope that the Government will be prepared to discuss the impact of proposals on changes to the “reasonable grounds” criteria. I have heard the concerns of the Independent Anti-Slavery Commissioner and others that this will have a negative impact on the many genuine survivors, and I will seek assurances from the Government on how that can be avoided. In addition to my remarks, the Lords Spiritual will want to pick up areas that affect children and young people who fall through the cracks of the Bill.
Modern slavers thrive on exploiting destitution and fear among asylum seekers and migrants. They capitalise on gaps in government provision and enmesh the vulnerable in their enterprises. I share the fear expressed by other noble Lords, including the noble Lords, Lord McColl, Lord Alton and Lord Rosser, that, contrary to the intention of the Bill, there is much that might exacerbate modern slavery, not reduce it. I hope that, as this Bill proceeds, we might find ways of improving our commitment and support to victims of modern slavery.