Child Houses for Child Victims of Sexual Abuse

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Tuesday 9th September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I first take this opportunity to pay tribute to my noble friend for his service in the Ministry of Justice, both in opposition and in government, and his service both to government and to our party. I also thank him for being an office buddy for the past 13 months. There are four of us in a very small office, so it is great fun.

My noble friend makes an extremely important point: that we ensure that the victims of child sexual abuse are not retraumatised by having to keep on reliving their experience every time they come in front of a particular agency. That is central to ensuring we have better support for victims of sexual abuse. I will certainly examine the points that he has made and discuss them with him still further. I wish him well on the Back Benches, holding the Government to account.

[Lord Cameron of Lochiel (Con)]

Support for victims of child sexual abuse is of course absolutely vital, but it is equally important that we tackle the issues at their root cause. What actions are the Government taking in regard to prevention of child sexual abuse?

[Lord Hanson of Flint (Lab)]

The noble Lord will know that there is a violence against women and girls strategy that is being brought forward, and the prevention of child sexual abuse will be a considerable part of that strategy. The Home Office has accepted all the IICSA recommendations. I responded on a Statement in this House on Thursday of last week, on the work that is being done on grooming gangs. We are trying to ensure that we examine the lessons produced for us, not just by Alexis Jay in the IICSA report but also by the noble Baroness, Lady Casey, in her report. There is an ambitious government programme not just to put resources into that but to try to learn those lessons and better co-ordinate how we respond and prevent. That includes training for police and social workers and the duty to report that is in the Crime and Policing Bill that is coming up shortly. There is a range of measures. Again, I welcome the noble Lord’s support for those measures, and his suggestions as the Crime and Policing Bill goes through this House. It is an important issue; it should not divide this House. It is one where we have an ambitious programme to help prevent future child abuse and to support victims who exist already.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Monday 8th September 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I too offer best wishes, from these Benches, to the noble Baroness, Lady Jones, for a speedy recovery.

I am grateful to the noble Baroness, Lady Bennett, for tabling these amendments but, like several other speakers before me, it is our party’s position that the legislation already strikes a careful and considered balance between the public interest in deporting foreign criminals and the need to protect the rights of their partners and children under Article 8. Section 117C of the 2002 Act is clear: in the case of those sentenced to less than four years’ imprisonment, deportation is the default position unless one of two well-defined exceptions apply. Exception 2, to which Amendment 136 relates, already provides that where there is a genuine and subsisting relationship with the qualifying partner or qualifying child, and the effect of deportation on that partner or child would be “unduly harsh”, deportation should not proceed. So the amendment before us appears to restate protections that are already embedded in the legislation, and the courts already have the discretion—indeed, a duty—to interpret and apply that exception.

We have to be mindful of clarity in the law and not introduce duplicating or potentially confusing provisions. In short, with the greatest respect, the amendments would not meaningfully add to the safeguards already in place, and for that reason we cannot support them.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Baroness, Lady Bennett of Manor Castle, for moving the amendment. I hope she will pass on the best wishes of His Majesty’s Government and myself to the noble Baroness, Lady Jones of Moulsecoomb, regarding her absence from this House. We look forward to undoubtedly seeing her back for day 6 of the Border Security, Asylum and Immigration Bill, on a date to be determined in October.

The noble Baroness’s Amendment 187 would impose a duty on the Secretary of State to have due regard to the unity of the family in exercising immigration functions. It is important that the noble Baroness has raised this point, but I share the view expressed by both the Opposition Front Bench and the noble Lord, Lord Pannick, that the amendment is unnecessary.

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[Lord Cameron of Lochiel (Con)]

My Lords, I have very little to add except that I await the explanation from the Minister with great interest. The amendments in this group and Clause 42 itself concern the rights of those granted settled status in the UK under the EU settlement scheme after the UK left the EU. As the noble Lord, Lord Oates, has ably explained, there are a number of avenues for an individual to apply for this scheme. As I understand it, the impact of Clause 42 is to standardise the rights applicable to EU, EEA and Swiss citizens who are granted leave to remain under the settlement scheme so that they can rely on them under UK law. Subsection (2) of the clause defines precisely who this applies to, and Amendment 142 seeks to amend that. I am not quite certain of the intent behind that, because the language is very similar to the original text, so I think it is essential for the Minister to clarify what Clause 42 lacks that makes these amendments necessary.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Oates, for moving the amendments on behalf of himself and the noble Baroness, Lady Ludford. He will know that we had some meetings in relation to this, and I have tried to engage on behalf of the Home Office as the answering Minister here, but, as he realises, the Minister who has been dealing directly with this issue was until recently one Minister in the Commons and is now another Minister in the Commons. But we will return to that in due course.

First, I want to set out the purpose of Clause 42. As the noble Lord said, Clause 42 is designed to provide legal clarity for those EU citizens and their family members with EU settled status who are in scope of the withdrawal agreement that it is the source of their rights in the UK. This has been achieved very simply by confirming in UK law under Clause 42 that any EU citizen or their family member with EU settled status will be treated as being a withdrawal agreement beneficiary. Where they do not already do so, they will have directly effective rights under the withdrawal agreement as brought into domestic law by Section 7A of the European Union (Withdrawal) Act 2018. This gives legal effect to what has been the UK’s approach since the start of the EUSS.

Because the EUSS is more generous than the withdrawal agreement requires, there are, as the noble Lord has mentioned, two cohorts of EU citizens with EUSS status: there is the “true cohort” who are in scope of the withdrawal agreement because, for example, they were economically active or self-sufficient in the UK as per EU free movement law at the end of the transition period on 31 December 2020; and there is the “extra cohort” who were resident in the UK at the end of the transition period but did not meet the technical requirements of free movement law. Although the UK has sought, through both the previous Government and this Government, to treat both cohorts the same, certain court judgments since the end of the transition period, as the noble Lord mentioned, mean that some differences in treatment have emerged. The whole purpose of Clause 42 is to address that anomaly.

Amendment 142 in the noble Lord’s name permits all those granted EUSS status to benefit from the clause where that status has not been cancelled, curtailed or revoked. This would mean, for example, that Clause 42 would benefit a person who was granted EUSS status but has since committed a serious criminal offence, for example, and has been deported from the United Kingdom. In my opinion, that would not be an appropriate outcome, but it would be the effect of the amendment that the noble Lord has tabled.

In respect of those with pre-settled status under the EUSS who obtain another form of immigration leave, I can confirm that this amendment is not needed because the clause as drafted covers that point. We have listened carefully to representations with stakeholders on these issues and we have decided that, where a person with pre-settled status obtains other leave, such as the domestic abuse route, they will retain their pre-settled status. That will enable them easily to show that they still have withdrawal agreement rights, should they need to do so.

The noble Lords spoke to Amendments 143 and 145 together, and I will deal with them together, if I may. These are concerned with those with EUSS status based on certain derivative rights under EU law. Those individuals include people who are the primary carer of a self-sufficient EU citizen child or with a child in education in the UK where the EU citizen parent has been a worker here and their primary carer. Both these categories are in scope of the withdrawal agreement and are included in the EUSS on a basis which reflects the relevant EU law requirements. Complex though this is, a person granted EUSS status on that basis will be in the “true cohort” and will have the withdrawal agreement rights in the UK. The amendments are therefore unnecessary.

That is so regardless of whether the caseworker applied evidential flexibility in granting EUSS status. Such flexibility—for example, not requiring missing evidence to be provided and therefore minimising administrative burdens on the applicant—can be applied only where the caseworker is already satisfied on the balance of probabilities that the relevant requirements of the EUSS rules are met.

Finally, Amendment 144 would remove subsection (2)(c) from Clause 42. This would mean that we were granting withdrawal agreement rights to people in the UK who do not qualify for EUSS status, which would not be right. Subsection (2)(c) protects the integrity of the EUSS and of Clause 42. It ensures that, to benefit from Clause 42 and therefore have withdrawal agreement rights, the person was correctly granted EUSS status. This amendment is not needed to ensure that the status of a person in the “true cohort”, or by virtue of this clause in the “extra cohort”, can be removed only by applying the procedural safeguards contained in the withdrawal agreement.

The noble Lord mentioned the issue of a decision to cancel, curtail or revoke EUSS status. It carries a right of appeal under Regulation 3 or 4 of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, and nothing in Clause 42 changes that. I hope that will give him the reassurance that he seeks. A person whose EUSS status has manifestly been granted in error will not be in the true or extra cohort and should not benefit from Clause 42.

Safeguards are still in place in such cases. Where the Home Office comes across the case of EUSS status granted in error, the individual is contacted and provided with a reasonable opportunity to show that their grant of EUSS status was correct. If they cannot do so and they have pre-settled status, our current approach is to allow them to remain in the UK for the remaining period of their leave. They are also informed that they can reapply to the EUSS. If such an application is made and refused, it will give rise to a right of appeal. Any family member application that is refused because the sponsor was granted EUSS status in error also attracts a right of appeal. Safeguards that I hope the noble Lord will find adequate are therefore in place in both these cases.

We have had a discussion and I hope the noble Lord can look at what I have said. Again, this is always a complex area. I have read deliberately from my brief so that the issue is, I hope, clarified by what I have said, and he can read Hansard in the morning and look at what I have said to date. The purpose of Clause 42 is to clarify the very points that the noble Lord has concerns over, and that is why I hope he will withdraw this amendment today. If he remains unhappy then obviously he has the opportunity to return to this issue on Report.

The noble Lord asked about data. I answer in this House for the department, but I often answer for other ministerial colleagues who are looking at these issues in detail. I will revisit the questions that the noble Lord put to me on data sharing, and I will make sure that, well before Report, I get him a fuller response to clarify the issues that he has raised, because I am unable to give him a definitive answer on that today. While I might wish to do so, it is best if I examine that in the cold light of day and drop him a note accordingly. With that, I hope he will not press the amendments.

Refugee Accommodation: Move-on Period

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Thursday 4th September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful for the noble Lord’s question. For individuals who have been granted asylum, under the pilot we have extended the period from 28 days to 56 days to ensure that transition takes place. We are now tweaking that for certain categories of individual applicants back to 28 days. In a sense, the noble Lord hits a very important point: the asylum claim has been approved, and the period—be it 28 or 56 days—is there for that transition. At the end of that period, the Government have fulfilled their responsibilities in the asylum claim approval and the hand-on period. Therefore, we need to ensure that individuals then begin their new life under their own steam.

[Lord Cameron of Lochiel (Con)]

My Lords, throughout the summer we all witnessed a number of protests relating to asylum accommodation, suggesting that social cohesion in certain areas is under severe pressure. Does the Minister recognise the challenges faced by local authorities and local residents’ frustration, given that the number of asylum seekers temporarily housed in hotels has increased by 8% since the end of June 2024?

[Lord Hanson of Flint (Lab)]

I always find it fascinating that the Opposition continue to raise these questions with the Government, because if I wind the clock back to 2016, there were no hotels in use for asylum accommodation. Asylum claims rose dramatically under the previous Government and only a couple of years ago asylum hotels reached a peak of over 400, which is starting to fall now. We inherited that massive number and are trying to deal with that backlog of asylum claims, and the asylum issue as a whole, in a proper and effective way.

For me, community cohesion means the best way to deal with that is to speed up asylum claims, to ensure we close those hotels as a matter of some urgency and to determine who has the right to asylum in this country. We then give them a 56 or 28-day period of settlement and remove those individuals who have no right to reside in this country, their asylum claim having failed. With due respect to the noble Lord, the previous Government failed miserably on all those things. We are trying to do them.

People have a right to protest. But people also have a right to understand why and how we are dealing with this issue and what we are doing to resolve it to maintain community cohesion so that people welcome those who are fleeing persecution, war, starvation and the other forms of economic misery driving them to seek asylum in Europe and this country.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Wednesday 3rd September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

It is fair and reasonable for a tribunal to look at those representations accordingly. In this legislation, we are trying to remove the effective provisions which meant that the Rwanda offer was in place under legislation. As we have done through the immigration White Paper and other statements, we are continually monitoring how the practice is going to be implemented once this has been completed. I will certainly reflect on the points that the noble Lord, Lord Faulks, has made, but the principle before the Committee today is that the list of countries without the provisions we have already agreed are being repealed or the amendment which has already been withdrawn is superfluous. Backed up by the comments of the noble Lord, it also means that what is deemed to be a safe country may not be a safe country. There are elements that can be examined and representations that can be made to ensure that people who either have a characteristic or are from a particular region in a country can make the case to the tribunal that their individual circumstances demand a decision not to be removed.

[Lord Cameron of Lochiel (Con)]

I am very grateful to all noble Lords who have spoken in this debate. Of course, the Minister is correct that, with the prior amendment having been withdrawn, then as a matter of technicality these amendments, if pressed, would struggle. However, I feel it is important to reiterate the general point being made: that the amendments are not rhetorical but seek to reintroduce practical, enforceable tools that were part of a wider strategy to restore control over our borders.

I apologise for not addressing the point made by the noble Lord, Lord Alton, and the noble Baroness, Lady Brinton, before now, but the answer is in Amendment 110 and the proposed new clause under discussion: that the power exercised by the Secretary of State has to be a general one—it cannot take account of a particular individual assessment or scenario. That is why in its first subsection the amendment says that the Secretary of State must be

“satisfied that there is in general in that country or territory, or part, no serious risk of persecution”.

Having made the general point, I would suggest that, thereafter, the Secretary of State is allowed to take into account specificity, in effect, and to say, for instance, that the statement in subsection (1) is true of a country or territory, or part of a country or territory, in relation to a description of person. Therefore, already, a country can be divided into its constituent parts.

Subsection (3) states that the description can include

“sex … language … race … religion … nationality … membership of a social or other group … or… any other attribute or circumstance that the Secretary of State thinks appropriate”.

I suggest to the noble Baroness, Lady Brinton, that this allows a particular attribute or characteristic to come into play. She is right that the various characteristics described in that subsection do not mirror protected characteristics in UK discrimination law. There is an absence of disability; political opinion is not a protected characteristic in UK discrimination law, but it is included in this list. The catch-all in subsection (3)(h) allows that specificity to be created, and for the protection to exist.

In conclusion—

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[Lord Cameron of Lochiel (Con)]

The amendments in this group do not require a great deal of commentary from this side of the House. It will not come as any great surprise to the noble Lord, Lord German, given that his Amendment 116 proposes removing the majority of the 2022 Act, and we have spent the last few hours trying to reinsert the Illegal Migration Act, that we do not agree with the amendment.

I look forward to hearing what the Minister has to say in reply. We have made this point many times. We believe that the number of people coming into this country illegally is far too high and we must take urgent steps now to stop this happening, with a strengthened legal regime, not a weakened regime, to tackle this issue. The noble Lord’s amendment would weaken and undermine our efforts to remove those who have no right to remain in the United Kingdom. I cannot say more than that.

Amendment 118 relates to the impact assessment. We on these Benches are not opposed to the principle of reviewing the impact of government policy, but we do not recognise the justification given for this; nor do we believe that this amendment is necessary. Therefore, with those brief remarks, I look forward to hearing from the Minister.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for his detailed questions. At 10.19 pm, it is a great test of stamina to examine those issues in some detail. The noble Lord is proposing that numerous sections of the 2022 Act be repealed. I should start by making it very clear that we are determined to restore order to the asylum system, as I have mentioned before. We want it to operate swiftly, fairly and firmly, and to ensure that the rules are properly enforced. That means we need to deal with the backlog of issues that are before the House as a whole.

The noble Lord raised a number of particular issues. I am very happy to go through the detail I have on inadmissibility of asylum claims, the UK’s interpretation of key concepts of the refugee convention, and Sections 30 to 39. If he wants me to do that now, I can. If he wants me to write to him so he can reflect on it more slowly, before Report, I can do that. I am happy to take his advice on how he wishes me to respond.

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[Lord Hanson of Flint (Lab)]

I will give a one-word answer, which I hope will be helpful. Yes.

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the Minister for comprehensively explaining the Government’s position on these probing amendments. I listened very carefully to what he said. I was not entirely convinced by all of it, but satisfied enough that, in the circumstances, I beg leave to withdraw the amendment.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Wednesday 3rd September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to noble Lords for tabling Amendments 105 and 109. I apologise to the House: in the confusion over the vote we had on Clause 38 stand part, I inadvertently started to discuss not only Clause 38 stand part but, in the last set of discussions, some of the arguments on Amendments 105 and 109. We drifted into that inadvertently because I thought we had finished debating Clause 38, so I apologise to noble Lords if I repeat some of the arguments here.

I start with the very sensible suggestion made by the noble Lord, Lord Deben. These are complex and difficult issues. We have an inheritance from 5 July last year when we took office which we have had to deal with. I am not seeking to make political capital out of this. I want to have solutions, and the solutions are to have a fair and effective migration system, to speed it up, to ensure that we deal with international obligations on asylum, to remove those people who have failed the asylum system, to remove foreign national prisoners who have abused our hospitality and the privileges of being in this country, to ensure that we have a thriving economy and to ensure that we meet the skill sets that we need for the United Kingdom to succeed. Where we can bring entrepreneurs and others who can offer skills to this country, we do so. As has been mentioned by the noble Lord, Lord Alton, there are many forces outside this House which seek to divide the United Kingdom to exploit these issues. It is imperative that we find concrete solutions.

One of the concrete solutions is the very point that the noble Lord, Lord Alton, has made—and it has been echoed by the Liberal Democrat Front Benches—which is how we deal with the real funnel of pressures that are coming, which are driven by terrorism, starvation, war and poverty. People who make that journey and claim asylum have very often faced challenges that I could never imagine. We need to have international co-operation, because the United Kingdom cannot solve those issues alone. That is why my right honourable friend the Prime Minister met 51 countries in May of this year; has discussed with former European partners, which are still our neighbouring countries— France, Belgium and Holland—what the solutions can be; is working with the Germans; and wants to have some international action to stem that flow through the G7 and other bodies of people removing themselves from their home nations to seek asylum wherever it might be. It is an important issue.

The noble Lord, Lord Faulks, asked, “If not this, what is the deterrent?”. I do not want to repeat the issues today, but I have tried to set out the range and menu of measures that we are taking which we believe are going to add to that deterrence. However, the deterrence also demands that we take action against the criminal gangs that are leeching off that misery, poverty and desperation to ensure that they enrich themselves through criminal action. That is why we need international co-operation on a range of measures to focus on criminals who are using this to exploit people who are in a very vulnerable position. As of today, that may not be the deterrent that the previous Government potentially thought Rwanda was, but I think it is more effective.

Amendments 105 and 109 in the names of the noble Lords, Lord Davies and Lord Cameron of Lochiel, seek to reintroduce the duty to remove measures in the Illegal Migration Act that we are repealing. I take the contribution from the noble and learned Baroness, Lady Butler-Sloss, very seriously. For a duty to remove to be effective, there needs to be a destination where it is safe to remove people when their own country is not safe for them or where there are practical difficulties in proceeding with the removal and a host country needs to agree to accept those people. That is the fundamental challenge that I put back to the noble Lord, Lord Cameron.

Again, in the spirit of the instructions from the noble Lord, Lord Deben, to the House to deal with this in a sensible and noble way, I am not seeking to make difficulties for the noble Lord, Lord Cameron. I simply put it to him that the measures in Amendments 105 and 109 would mean that we would have to proceed with removal when there was nowhere to remove them to. That is the fundamental flaw in Amendment 109.

I repeat what I said in response to the general debate on Clause 38, that we have removed people who are unlawfully in the UK. We have seen that increase in the number of failed asylum seekers being removed. We have seen an increase in the number of foreign national prisoners removed—I have given the percentages to the House in every series of amendments we have had today, so I will not give them again now. The Government’s aim is to deliver a long-term and credible policy to ensure that we have a properly functioning immigration system. I say in answer to the noble Lord, Lord Faulks, that, yes, it means that we are going to have to occasionally examine things in August and September that we had not considered a year ago. That is because the situation changes. Situations change, and politics needs to change. The measures in the Bill repeal an unsuccessful scheme and try to put in other measures to meet the deterrence that the noble Lord wishes to see.

I urge the noble Lord, Lord Cameron of Lochiel, not to press his amendments and to examine in further detail the proposals that we are bringing forward to the House to achieve the objectives that we share.

[Lord Cameron of Lochiel (Con)]

I am grateful to noble Lords for their contributions. I take very seriously my noble friend Lord Deben’s comments about humility and trying to be constructive about how we approach this; however, we are also a party of opposition. We remain firmly of the view that the Illegal Migration Act created a framework that was real and gave our border system structure, clarity and credibility. We did so because we recognised that the status quo was unsustainable, and we knew that deterrence without enforcement is meaningless. That is why we pursued the Rwanda scheme so vigorously and still defend it as a deterrent.

At the heart of the Illegal Migration Act was a simple premise: that if someone enters this country illegally and does not meet the necessary criteria for protection, they should be removed promptly and lawfully. Our amendments in this group are intended to encourage the Government to reflect on that principle again and really think before they abandon that framework in favour of something that we say is much softer and lacks precision, urgency and the seriousness that this challenge demands. That is a political decision, but it is one with consequences.

If we do not provide our law enforcement agencies with the legal tools they need, we cannot be surprised when the system fails to deliver. We legislated for that; we recognised that the UK needs a legal basis to enforce its own immigration laws. What the Government now propose is to remove that structure without a credible alternative. That is not just a retreat—it is a risk, and it will be paid for in public confidence, in operational paralysis and in yet more lives placed in the hands of traffickers and criminal gangs. We can and must do much better. I hope the Government use this chance to make that change but, reflecting upon what has been said across your Lordships’ House, I beg leave to withdraw the amendment.

Nitrous Oxide Misuse: Drivers

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Wednesday 3rd September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Baroness can be assured that the Government are taking this matter seriously. As I have mentioned, we are looking at further drug and driving offences, and there is now—following the previous Government’s initiative—a ban on nitrous oxide being used for drug purposes. We need to widen the experience and understanding of that legislation and put some of the preventions in place which the noble Lord mentioned earlier. It is ultimately a matter for chief constables and police and crime commissioners whether they take action and highlight that. It is certainly an act of anti-social behaviour; it also adds to the pollution of the environment, and from my personal experience as a former official of a charity dealing with this, I know that it can lead to death at first use—that is an extremely important issue that people do not realise.

[Lord Cameron of Lochiel (Con)]

My Lords, the Minister has referred to the legislation passed by the previous Government to criminalise the possession of nitrous oxide for recreational use. Unfortunately, the Scottish National Party voted against the ban, claiming that drug misuse is a public health issue rather than a criminal issue. We know that Scotland has a significant problem with drug misuse, including some high-profile court cases involving nitrous oxide. Does the Minister agree that the SNP’s lackadaisical approach to tackling drug crime is having a detrimental effect on the safety of the Scottish people?

[Lord Hanson of Flint (Lab)]

The noble Lord is right that drug abuse, and in this case nitrous oxide abuse, is both a public health issue and a criminal justice matter. We have devolution in the United Kingdom, and criminal justice is devolved to Scotland. If I were the Minister in Scotland, I would do something different, but that is a matter for the Scottish Government. I think that there is a small election coming up in the next 12 months, where opinion of the performance of the Scottish National Party Government, of my own party and, dare I say it, of the noble Lord’s as well can be tested.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Thursday 10th July 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I am very grateful to all noble Lords who have spoken. At present, we are not minded to support Amendments 97 and 98. I entirely understand the rationale behind them and many noble Lords have spoken powerfully in support of them. The concern we have is simply an operational one, which was hinted at by my noble friend Lord Harper.

The operational implications of these amendments may be very broad and far reaching. It seems to me that they would create a practical obligation for the UK Government to deploy biometric collection facilities or personnel across multiple jurisdictions, regardless of cost or feasibility.

Clause 34 applies specifically to authorised persons, who are, in the definition of the clause,

“a person authorised by the Secretary of State”.

That could come at an unknown and potentially significant cost. Are we to set up biometric processing hubs in every conflict-adjacent state? The noble Lord, Lord German, stated that that could easily be done, but I remain to be convinced. My noble friend Lord Harper was very pertinent about this. If the Government are to support this, I look forward to hearing from the Minister what the logistical burden on government would be?

Amendment 99, in the name of the noble Lord, Lord Hogan-Howe, is a probing amendment designed to understand which organisations will have access to biometric information for the purposes of exercising a function relating to law enforcement. It brings with it the noble Lord’s customary focus and expertise in this area. It is very welcome, and I hope the Minister will take the opportunity to set out which agencies will have access to this information to fulfil the demands set out in Clause 35.

I once again reiterate that we need to make sure that, in the technical solutions we are discussing on this fundamental issue, we are firm and robust in taking steps to mitigate and ultimately end the crisis of illegal migration, not exacerbate it.

[Lord Hanson of Flint (Lab)]

I am grateful to noble Lords for their contributions and echo the point that the noble Lord, Lord Cameron of Lochiel, has just made. There is a common interest between His Majesty’s Opposition and us on that issue.

The important point about Clause 34 is that biometrics are required as part of an immigration or nationality application to conduct checks on the person’s identity and suitability before they come to the UK. That is a perfectly legitimate government objective and the purpose of the clause is to establish it in relation to the powers in the Bill, which aim to strengthen the Government’s ability to respond flexibly in crisis situations in particular, as noble Lords across the Committee have mentioned. The Bill provides the power to take biometrics—fingerprints or facial images of the applicant—without the need for an application to be submitted. That has had a generally positive welcome from a number of noble Lords, including the noble Lord, Lord Kerr, my noble friend Lady Chakrabarti, the noble Baroness, Lady Ludford, and the signatories of the amendments, the noble Baroness, Lady Hamwee, and the noble Lord, Lord German. It is important to recognise that.

The proposals in the Bill will enable the Secretary of State to determine whether the person poses a security threat—this goes to the point from the noble Lord, Lord Hogan-Howe, which I will come back to in a moment—before facilitating their exit from another country. The Bill will ensure that the power to collect biometrics outside of a visa application process will take place only in tightly defined circumstances where individuals are seeking to leave a particular country due to a crisis or any other situation where this Government facilitate their exit.

Before I move on to the amendments from the noble Baroness, Lady Hamwee, and the noble Lord, Lord German, I hope I can reassure the noble Lord, Lord Hogan-Howe, on the matter that he raised. Where biometrics are collected in connection with immigration or nationality applications, the police will be able to conduct their own checks against the biometrics captured under the clauses in this Bill. For example, the police currently have access to this data when the biometrics are enrolled into the immigration and asylum biometric system. They can then be washed against a series of police fingerprint databases, which include unified collection captured at police stations and other sets of images, including from scenes of crime and special collections, used to identify high-risk individuals. The noble Lord made this very point. This could be particularly important with individuals who have been involved in terrorism activity and appear on counterterrorism databases. The police make checks against the Home Office fingerprint database to help identify a person they have arrested and assess whether they might also be a foreign national offender. I hope the fact that those checks are undertaken will enable him to withdraw his amendment, based on that assurance. I look forward to hearing what he has to say in due course.

The noble Baroness, Lady Hamwee, supported by the noble Baroness, Lady Ludford, the noble Lord, Lord Kerr of Kinlochard, and my noble friend Lady Chakrabarti, raised important issues and tabled amendments which aim to defer or excuse the request for biometrics from overseas applicants. As I have said, biometrics are normally required to be taken as part of an application to conduct checks on the person’s identity. As the noble Lords, Lord Harper and Lord Cameron, said, that is important for security.

In all cases, it is the responsibility of the applicant to satisfy the decision-maker about their identity. A decision-maker may decide it is appropriate for an application to be made at a visa application centre, or to enrol the biometrics to be deferred or waived.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Tuesday 8th July 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to all noble Lords who have contributed. Just, I hope, to bring a little clarity to the latter discussion between my noble friend Lord Harper and the noble Lord, Lord German, as I read it, Clause 13, “Supplying articles for use in immigration crime”, sets out in its first subsection the offence, and it does so neatly separating the actus reus, the actual act—here, offering to supply a relevant article—from the mens rea, which is knowledge or suspicion. Subsection (2) goes on to state:

“It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse”.


It was subsection (2) that we debated at length on the previous day in Committee on this Bill, and it is at that point that the burden of proof shifts to the defence to prove their defence under the subsection.

I am very grateful to the noble Lord, Lord Alton of Liverpool, for bringing these amendments. It has proved to be a very stimulating debate. As others have said, I have an immense amount of respect for him, given his long and distinguished career, and I am also grateful to the noble Baroness, Lady Hamwee. I listened very carefully to what they both said. I have to say that I fundamentally disagree with the amendments that they have brought, however. They seek to alter the mens rea principle in Clauses 13, 14 and 16, by replacing the current standard of knowledge or suspicion with one of “intent” in the case of the amendments of the noble Lord, Lord Alton, or “belief” in the case of the amendments from the noble Baroness, Lady Hamwee. It does not seem to me to be in dispute that these amendments, if passed, would introduce a higher and more complex threshold for the mental elements of the offences, thereby raising the requirements for securing conviction and making it significantly more difficult to hold to account those involved in supplying equipment for illegal crossings and other articles used in the facilitation of unlawful entry into the United Kingdom. In doing so, they would risk creating precisely the kind of ambiguity that organised criminal gangs thrive on.

I think it is important to remind ourselves what this clause is designed to address. It is aimed at those who provide the tools that make dangerous, illegal crossings possible: those who supply forged passports, false work permits, dinghies and outboard motors that fuel the people-smuggling trade. These individuals are the logistical agents of criminal networks responsible not only for undermining the security of our borders but for endangering lives.

Let us not forget that more than 20,000 people have now crossed the channel in small boats in 2025 alone and, tragically, some have died in the attempt, fundamentally because the journeys are facilitated by those who care more about profit than human life. If we are to be serious about tackling this, we must ensure that the legal framework is as robust and usable as possible. If we replace the standard of knowledge or suspicion with intention or belief, prosecutors will be forced to demonstrate not merely that a person knew or suspected that their goods would be used for immigration crime but that they positively intended or actively believed that they would be used as such. That is a much higher bar, and one that would inevitably lead to fewer prosecutions, fewer convictions and fewer disruptions to these dangerous criminal networks.

The very thorough report from the Joint Committee said that the current standard in the Bill is a low threshold compared to, for example, intentional recklessness. We note that comparable precursor terrorism offences have a higher mental element, requiring intention to commit or assist in the commission of terrorist acts. I think this was quoted by the noble Lord, Lord Alton. However, as the noble Lord, Lord Jackson, correctly said, these terrorism offences are not precursors and so are not comparable.

The mens rea test of knowledge used in this Bill—the one that the noble Lord and the JCHR have criticised—is the same standard that is used in offences under the Immigration Act 1971, albeit about entry and not the supply of articles. Section 24B(1) of that Act states that:

“A person who … requires leave to enter the United Kingdom under this Act, and … knowingly enters the United Kingdom without such leave, commits an offence”.


The operative word here is “knowingly”. This is the same standard that is applied to the offences in Sections 24(A1), (C1), (D1) and (E1), and Sections 24A, 25 and 25A, of the Immigration Act 1971. In short, existing immigration offences all use the test of knowledge to determine the mental element of an offence. It is therefore entirely consistent for the offences in Clauses 13, 14 and 16 to use the same test.

These are not minor procedural safeguards. These are the tools that we need to dismantle the infrastructure of people smuggling. The law should be a shield for the vulnerable, not a loophole for the criminals who exploit them. We have to construct a strong legal framework, not one that is diluted and less able to protect vulnerable people as a result. My noble friend Lord Harper made the point very powerfully that this is about creating a deterrent. We need to confront this threat with a strong legal arsenal, not a weakened one. We should not be inserting language into this Bill that makes it harder to prosecute those who supply the means for deadly journeys. These are serious offences with serious consequences, and the law must reflect that seriousness. In this instance, I oppose these amendments.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Lord, Lord Alton, and the noble Baroness, Lady Hamwee, for tabling their amendments. They have stimulated a discussion on important points that the Committee needs to consider. I am also grateful to noble Lords for attending this debate when such powerful alternative options are available not 200 metres away—I will use metres instead of my normal yards—where the President of the Republic is addressing both Houses of Parliament.

The noble Lord, Lord German, tempts me to discuss what the President of the Republic is currently saying. Our relationship is very strong. There are a number of issues on which we are expected to make positive statements in the next couple of days, and we are working very closely on re-intensifying our activities on the northern coast. I will allow further discussions to take place prior to any announcements from this Dispatch Box about the outcome of any discussions between the Prime Minister, the Government and the President of the Republic. I am sure that we will return to those points when the discussions have taken place in a positive framework—as they will.

I start by saying to the noble Lord, Lord Alton, that I welcome the JCHR report that was published on 20 June and thank the JCHR for its work. As the noble Lord knows, I have given commitments that the Government will respond in due course. It is worth putting on the record that all measures in this Bill are considered to be compliant with the UK’s human rights obligations, including the European Convention on Human Rights, and that the Government are fully committed to human rights at home and abroad. As my right honourable friend the Prime Minister has made clear, the United Kingdom is unequivocally committed to the European Convention on Human Rights. We will respond to those issues in due course, but I wanted to set that out at the beginning, because it is important and part of the framework that the noble Lord has brought forward.

I am grateful to the noble Lord for moving his amendment. He started by giving a couple of caveats. Like him, I am a product of a council estate and proud of it, and like him, Latin passed me by at my comprehensive school—I think some people did it, but it passed me by. That does not mean that we cannot address the substance of the points that the noble Lord and the noble Baroness have made. These important issues deserve full merit and consideration.

Amendments 31 and 41, on changing the mens rea in Clauses 13 and 14 from “knows or suspects that” to “intends that, or is reckless as to whether”, follow the findings from the JCHR. Those findings have unanimous support, and we will return to them in due course. In bringing those amendments forward, the CT-style power is now more in line with the counterterror legislation, which is what the noble Lord is intending. Reasonable suspicion is the same threshold as for the offence in Sections 57 and 58 of the Terrorism Act 2000. In fact, Section 57 does not have a “reasonable excuse” defence; instead, a person must show that

“his possession of the article was not for a purpose connected with the commission, preparation or instigation of an act of terrorism”.

The Section 57 and 58 offences contain no more safeguards when compared with the offences in Clauses 13 and 14.

The mens rea of the current drafting of the clause is designed to enable law enforcement to act earlier and faster to disrupt these criminal smuggling gangs—the very point that the noble Lord, Lord Harper, has alluded to. Day in, day out, these ruthless people smugglers put vulnerable people on boats in the channel or into the back of refrigerated lorries, not caring if they live or die. As the noble Lord, Lord Jackson of Peterborough, mentioned, people have died as a result. Changing the mens rea to require law enforcement to show intention or recklessness would place undue pressure on those on the front line of tackling organised immigration crime and would slow down the response to stopping these evil criminals undertaking their actions. It is right that we do whatever we can to support law enforcement in tackling these criminals at the earliest possible stages of criminality. For that reason, disappointing as I know it will be to the noble Lord, I cannot accept the amendments.

Amendments 32, 42 and 53 seek to change the mens rea for these offences from suspicion to belief. For the supplying and handling of articles and collection of information offences, amending this threshold would significantly raise the bar for enforcement. That is a point made by His Majesty’s Opposition Front Bench, along with the noble Lords, Lord Jackson of Peterborough, Lord Harper and Lord Green of Deddington. I find myself on occasion in company that I am not normally in, but it is right that, if noble Lords are right and make a sensible case, that support is welcome—as it is on this occasion.

A “suspicion” threshold allows for earlier, preventive action, which is a core feature of the legislation. It is designed to enable authorities to disrupt organised crime at the preparatory stage, while still requiring a proper investigation into an individual’s activity, and not in any way damaging a defence’s ability to put up a defence to the prosecution’s case in due course. The shift from suspicion to belief would narrow the scope of these clauses, undermine their preventive purpose, reduce the chance of successful prosecutions and place a greater strain on investigative resources in the first place.

It is important to note that the “knows or suspects” threshold is not novel. It is well established in UK criminal law, especially in regimes aimed at early intervention. For example, under Section 330 of the Proceeds of Crime Act 2002, professionals commit an offence if they

“know or suspect that another person is engaged in money laundering”

and fail to make a disclosure.

Similarly, Section 19 of the Terrorism Act 2000 criminalises failure to disclose information where someone “believes or suspects” it might be useful to prevent terrorism. In both the Proceeds of Crime Act and the anti-terror legislation, the mental thresholds are designed to trigger preventive action and have been consistently upheld in the courts as proportionate and compatible with Article 6 and Article 7 of the ECHR. I go back to the point that the noble Lord, Lord Harper, mentioned: namely, that the offences in the Bill serve a preventive purpose. They are not about punishing people after harm has occurred but are instead about stopping harm happening at all.

I will also speak to the concerns that the current offences might criminalise those who are acting innocently or for humanitarian reasons. Each of the relevant clauses includes the reasonable excuse defence, which is non-exhaustive and allows courts to consider the full context of the person’s action. Any good defence would bring forward those defences if, again, the thresholds were passed by the police and the CPS for bringing prosecutions under any legislation that was ultimately passed by both Houses.

Border Security, Asylum and Immigration Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Committee stage
Thursday 26th June 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to noble Lords. I will try to answer the noble Viscount immediately. It was very kind that he paraphrased my reply as “We don’t know”. A tadge unfair, I fear, but an opinion none the less. We do know about the many issues that the noble Lord, Lord Alton, refers to on a regular basis—war, hunger and oppression—that drive people to leave their homes or force people out of their homes. There are many people who are criminally trafficked across Europe. There are many people who attempt to come to the United Kingdom because of simple things such as speaking English as opposed to other foreign languages or because of the nirvana promised to them by criminal gangs. There is a range of pull factors that we know about, and we are consistently assessing those.

The noble Viscount might be interested to know that, under the previous Government, in the years between January 2018 and March 2025, 94% of small boat arrivals had an asylum claim raised, and outcomes from those asylum claims varied. People from Afghanistan had 37% of asylum claims agreed, for people from Syria it was 99%, for people from Eritrea it was 86%, for people from Iran it was 48% and for people from Sudan it was 98%. There is a variety. That is because the factors that the noble Lord, Lord Alton, rightly continually raises in this House are very often push factors rather than pull factors. They are push factors from areas of high levels of poverty, war or other disruptive influences.

Our model has to be to try to smash the criminal gangs and to remove their ability to traffic effectively, for the reasons that we have debated all afternoon. In that, the role of the border commander is critical. The amendments that have been brought forward by His Majesty’s Opposition’s Front Bench look at, first, specifying the frequency with which the Border Security Commander must issue a strategic priority document. The Border Security Commander can issue a strategic priority document to partner authorities setting out the principal threats to border security, but I want the Border Security Commander to have flexibility to update those priorities as and when threats evolve. The very changes that the noble Viscount and the noble Lord, Lord Alton, have mentioned might well impact upon that. Under the terms of the amendment, the production of a document annually would not allow that to happen. I want it to be a fluid operation between the Border Security Commander and others.

Members have also asked who is setting the strategic priority. The framework we have set out in the Bill is clear: the Border Security Commander will be setting strategic objectives, having consulted a board that is established under the Bill, having consulted partner agencies which have operational responsibility—as mentioned—under the Bill, having discussed it with the Home Secretary and the Home Secretary, who will themselves have discussed it with other Ministers, and having produced clear evidence of what the pressures on border security are. The plan will then be produced. We are currently looking at the issues that I mentioned earlier—the operational delivery of that and the members of staff, and so on, downstream—about which I will write to the noble Viscount.

We have a £280 million resource for the next three years of the spending review, and we will be looking at how we do that when allocations are made later this year. However, I say to His Majesty’s Opposition Front Bench and other noble Lords who have raised these issues that the flexibility to produce a plan with the Border Security Commander under the strategic objectives set by the Government is critical.

Other amendments set out that additional information should be included in the strategic priority document. The Government are working hard to prevent dangerous sea crossings, to target smuggling gangs, to make sure that they do not put lives at risk and to address the factors that are driving illegal immigration from safe countries. The strategic policy document is issued to partner authorities and sets out the strategic priorities that they must have in exercising those functions. Again, I hope the noble Lord will reflect on the proposals in the Bill in due course because it is not clear how suitable the assessment set out in the amendment would be for such a document.

Amendment 12 aims to ensure that the strategic priority document issued by the Border Security Commander and the UK border strategy are supportive of each other. Again, border security is a fundamental part of the wider strategic approach to the border and strategic priorities for border security, which will help to drive the wider UK Government approach. Indeed, the whole purpose of the Bill is to ensure that we coherently and sensibly convene activity across the whole UK border system. It is therefore not really plausible to imagine a situation whereby the commander’s priorities, setting consultation with the board, would be at odds with wider priorities set by other agencies. The whole purpose of the Bill is to provide the grasp, coherence, drive and strategic forum for the exercise of these measures to deal with the very issues that we have all mentioned in this short debate.

I hope that helps regarding the amendments. We can return to these on Report if need be, but I hope that for the moment I have addressed the issues raised.

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the Minister and to my noble friend Lord Goschen.

This short debate has brought to light a number of what we say are shortcomings in how the Government currently envisage the role and responsibilities of the commander, particularly with regard to the strategic priority document. We are told that it is central to the commander’s function and that it will help to shape the response to some of the complex and pressing threats to our border, yet it still seems a surprise that it need be issued only “from time to time”.

I listened carefully to the Minister’s response, but I simply do not believe that it is a serious approach to a serious national challenge, when confidence in the system is fragile, to leave the frequency of such an important document so open-ended. For that reason, the clear solution is Amendment 9’s requirement to issue it annually. That is simply a minimum standard of accountability. It would not be excessive or difficult and, if the commander is to be held to their role, it would be a form of regularly reporting on the document.

Frequency is not the only issue, as has been said. As drafted, the document lacks substance. It offers no mandate to assess the effectiveness of the methods being used to deter illegal entry, reduce crossings or facilitate removals. Amendment 10 would address that gap directly. If the Government truly believe that the role will make a difference, they should have no hesitation in embracing clarity, direction and purpose in the remit of the commander.

[Lord Hanson of Flint (Lab)]

I just want to add that the Employment Rights Bill is currently going through a lengthy procedure of discussion in this House. It is attempting to put down a whole range of measures which tackle some of the employment issues on illegal working that will potentially—going back to the noble Viscount’s point about pull factors—deal with that in a much more effective and strong way. I hope that, after 10 or 11 days in Committee and with Report to come, the noble Lord can reflect on that and see what support he can give to the measures in that Bill.

[Lord Cameron of Lochiel (Con)]

I will reflect very carefully on that. The amendments in this group, like the amendments in the previous group, are not about undermining the Government’s intentions; they are about giving them a credible, coherent mechanism to pursue and deliver them. That is the very reason I support Amendment 11, tabled by my noble friend Lord Goschen, and Amendment 12, which would ensure that the commander’s work is not carried out in isolation but is aligned with the UK’s border strategy. The lack of linkage between the commander’s priorities and the border strategy is, in our view, a missed opportunity. Amendment 12 would put that right.

If the Government are serious about border reform and want to be taken seriously on deterring crossings and improving removals, they must demonstrate a willingness to embrace the structure, purpose and accountability offered by the amendments. I simply urge the Government to listen to what we have proposed today and accept these changes in the spirit in which they are intended; that is, to ensure that the commander is not just another headline but a role that delivers real outcomes for the British people. On that basis, I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Hamwee (LD)]

We have Amendment 16 in this group. It is indeed a probing amendment. I am a little amused that the noble Lord has just criticised the expansionist tendencies of this amendment, given that that is what some of his earlier amendments have tended to suggest.

Clause 3(5) tells us that “public authority” means

“a person with functions of a public nature”.

Clause 3 makes public authorities “partner authorities” for the purpose of the chapter. Across the public sector—not just this one—private organisations are contracted to provide services, so I am probing whether such organisations are within the definition. Does the commander have authority over them—and, if so, how far?—or is it that, as I have been arguing for the whole of today, the responsibility lies with the Secretary of State for all this work? Of course, we know that the Home Office has contracted private sector organisations—to run asylum hotels, for instance—so my questioning is not totally theoretical.

I often worry that the Government are not always as good at procurement as one might like them to be—or, frankly, at enforcing contracts—so I hope that the private sector will not be put in an even stronger position in the sector. If it is, I for one would like to know. But this is a probing amendment, and I am not seeking to expand the territory.

[Lord Hanson of Flint (Lab)]

I am grateful again. I hope I can answer the noble Baroness, Lady Hamwee, immediately. As she outlined, her amendment seeks to probe whether private bodies carrying out public sector functions are included in the definition of “public authority” in Clause 3(5). I hope the clarification I can give her will be of assistance. It is as follows: private bodies carrying out public sector functions, such as the contractors working with Border Force, would fall under the definition of “public authority”. I hope that meets her probing amendment, but it is on the record that that is the position.

The noble Lord, Lord Cameron of Lochiel, again raised a number of amendments. Amendment 15 would require a definition of

“illegal entry to the United Kingdom”

to be included in Clause 3(5). Amendment 17 would require a definition of “sea crossings”. I say to him—and I hope he will reflect on this—that, in Clause 3(5), in the chapter, we have included the words “border security”, “partner authority” and “public authority”, and they have been explicitly defined due to their presence in other clauses in the chapter. My honourable friend the Minister in the House of Commons was clear that we do not want to put into the Bill issues that will be included in the strategic priority document or the annual report, to ensure that sufficient flexibility is retained to respond to the continually evolving threats to border security. If we were to accept the amendments that the noble Lord has proposed today, we would, by defining these terms, actually water down what is in Clause 3(5). “Border security”, “partner authority” and “public authority” are clearly defined terms in the chapter, giving the Border Security Commander the flexibility to address the issues of the day. I note a little shake of the head from the Opposition Front Bench. If the noble Lord remains unhappy, he should feel free to challenge. If he wants further clarification, I will try to give it to him. If he wants further further clarification, I will write to him, and if he feels that this does not meet the objectives that he has set, then we have the potential to discuss it at further stages of the Bill.

[Lord Cameron of Lochiel (Con)]

I am grateful to the Minister, and I hope he recognises the constructive spirit in which these amendments have been brought. What we are seeking is legal certainty and legal clarity, and what these amendments show is that language matters. This is a Bill of great significance; it deals with powers of co-ordination, enforcement, and national security. The clarity of our definitions is not just a drafting preference; it is a legal and operational necessity.

I do not want to be repetitive about the two amendments, but we say that Amendment 15 would provide a clear legal anchor for the term “illegal entry” by referencing existing law under Section 24 of the Immigration Act. It is a small change, but it would give certainty to the commander and to those the commander is expected to co-ordinate. Amendment 17 would perform a similar function. It sits at the very heart of the public and policy debate. It is about scope and enforceability: if we are to disrupt these crossings, we must be clear in law as to what constitutes one. Ambiguity here invites confusion, in our view. If Ministers are serious about making the command structure work, then we say that these amendments clarify and improve the Bill. I urge the Government to think again about this, but on the basis of what has been said so far, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

In the spirit of co-operation and the hand of friendship that the noble Viscount has reached out, I say that it is a valid challenge. There is a place for accounts and there is a place for reports on performance, but it is a valid challenge to which we will return in due course. I will certainly reflect on the points he has mentioned, which is the purpose of our discussion today.

I just wished to put the statistics on record because I did not wish to let down the noble Lord, Lord Jackson, or for him to think I am never going to be a bruiser again on these issues. Therefore, it is important occasionally to put some facts on the record. Those are not my facts; they are government statistics that go to the heart of the amendment brought forward by the noble Lord, Lord Cameron, about whether we include them in the annual report or, as we do now, produce them on a quarterly basis on a range of those measures.

I do not wish to let the noble Viscount think I have missed the other point he raised, about the £150 million this year for the cost of the Border Security Commander. I am sure he will be pleased to know that this was new money. Effectively, in being new money, it was savings from the money that was allocated for the Rwanda scheme, which never actually materialised once the current Government came into place. We have reallocated Rwanda resources to the Border Force and the Border Security Command. We have also reallocated it elsewhere to help speed up asylum system claims by recruiting additional staff.

Jumping ahead slightly to future clauses in the Bill, that is essentially part of the recalibration that the current Government undertook on election just after this time last year to make some real changes and to try to improve longer-term performance on the issues on which we both agree: to reduce illegal migration and to respond positively to irregular migration in due course.

The noble Viscount’s second amendment mentions the partner authorities who attend the commander’s board, who would be able to collaborate on the development of the annual reports. The commander will not create this report in isolation; it will be a collaborative effort, but the commander’s job, self-evidently, is to pull together an annual report that shows how they have performed against the objectives that have been set in the strategic priorities. I do not believe that the amendment is necessary, but we will reflect on those matters and we can return to them in due course.

I hope that I have answered those points, and I look forward to hearing the response from the noble Lord, Lord Cameron.

[Lord Cameron of Lochiel (Con)]

I thank all noble Lords who contributed to this debate. I particularly thank the noble Baroness, Lady Fox, for her contribution. She said that she was not able to speak at Second Reading, but she made a very pertinent point about the climate of trust—I think that was the phrase she used—and that the Government are just not believed. Confidence and trust in the system are absolutely imperative, and that is the basis of these amendments.

We again heard the Government’s claim that tackling organised immigration crime is a top priority. All we seek is the most basic evidence of that success. It is not about operational compromise, or disclosing sensitive intelligence or tactical information; it is simply about reporting outcomes: how many gangs have been dismantled? How many prosecutions have taken place? How many individuals have been detained or removed?

The Minister read out the subsection in Clause 4 setting out what the annual report must do. It says that the annual report must

“state how the Commander has carried out the functions of the Commander”

and

“set out the Commander’s views on … performance”.

These are absolutely intrinsic issues. It is not unreasonable—it is the bare minimum—simply to ask that data on performance is put into the annual report. The Minister mentioned various items about data that can be accessed, but we seek certain information—for instance, about the number of persons charged or convicted with offences under this very Bill—that does not exist yet. It will exist in due course.

[Lord Hanson of Flint (Lab)]

I reassure the noble Lord that we are very keen to put into the public domain in due course the performance data that he is looking for. The question is about whether we put this requirement into the Bill.

I apologise for not mentioning the noble Baroness, Lady Fox, by name in my earlier response. It was an oversight on my part, and I apologise for that. I was trying to address the issues that she and the noble Lord, Lord Cameron, had raised as a whole.

--- Later in debate ---

[Lord Cameron of Lochiel (Con)]

My Lords, the Opposition Front Bench’s view on this is that we side with my noble friend Lord Jackson on the group of amendments tabled by the noble Baroness, Lady Hamwee. At their core, as others have said, the amendments would rewrite the structure of the offence in Clause 13 by placing the burden of proof for the test of reasonable excuse squarely on the prosecution. The implications of the change would be significant—I will come back to the law in a moment—as it would dilute the seriousness with which we treat those who are convicted of supplying articles for use in immigration crime.

Let us be absolutely clear about what Clause 13 addresses. It addresses the supply of forged documents, false identity papers and materials designed to facilitate illegal entry into the UK. Those are not minor infractions; they are serious crimes that underpin the business models of trafficking gangs, enable the circumvention of border controls and directly endanger lives. In such cases, it is entirely appropriate that, if an individual is found supplying such items, it should be for them to demonstrate that they had a legitimate reasonable excuse.

I would suggest—it has been some time since I practised criminal law—that that is not some obscure or novel principle. Of course, the usual legal position is that it is for the prosecution to prove the elements of the crime. But it is not unusual to reverse the burden of proof on to an accused in some circumstances. It reflects well-established frameworks in other serious areas of law, most notably in the Misuse of Drugs Act, in firearms legislation and in the Companies Act, where it is for an accused director to prove that all reasonable steps have been taken to avoid committing an offence.

In legislation on firearms and the misuse of drugs, the burden of establishing a lawful or innocent reason rests with the person accused of being in possession of or supplying the prohibited article. So, this is not an unusual path to take, and to shift the burden back to the prosecution, as these amendments would do, would make it harder to secure convictions, weaken the deterrent effect of the law and send precisely the wrong message at a time when we face record levels of illegal entry and organised criminal facilitation across our borders.

The public expect us to ensure that the law acts as a meaningful deterrent to those who seek to undermine it. This group of amendments would not do that. It would make it easier for those facilitating unlawful entry to escape liability and place an unnecessary an inappropriate burden on prosecutors, who are already contending with highly complex cases. Let us not forget that those convicted of supplying articles for use in immigration crime are not passive actors but deliberate enablers of lawbreaking. To demand that the prosecution proves not only the supply but the absence of any reasonable excuse would be to fundamentally misread the nature of the offence and the damage that it causes.

This goes to the heart of the problem that we have debated all afternoon: the people we are talking about are organised criminals who make money by endangering the lives of those they profess to help. It is not the time to rewrite what is, in my view, a long-standing legal norm in a way that would weaken enforcement. It is time to uphold the seriousness of the crime and ensure that our legal tools are effective in tackling it.

[Lord Hanson of Flint (Lab)]

My Lords, this has again been a useful discussion, and I am grateful to the noble Baroness, Lady Hamwee, for tabling the amendments to allow it. I confess I find myself in a strange position before the Committee where I agree with much of what the noble Lord, Lord Jackson, said and much of what the noble Lord, Lord Cameron of Lochiel, said from the Front Bench. In fact, I wondered whether they had a secret leaked copy of some of my notes, because the points they made are extremely important and vital.

I shall start with the noble Lord, Lord Paddick. He asked whether someone would be arrested on a beach in France because they rolled up with a dinghy. I assure him, and I hope he will know this from his police experience, that, in practice, these will be intelligence-led, targeted investigations by authorities as a whole of those suspected of being connected with organised crime networks involved in people smuggling and criminal activity. It is not the intention of this Bill that authorities would turn up on a beach in France, find someone paddling in the sea with a recreational leisure facility and arrest them. It would be a targeted approach, which backs up the points that the noble Lords, Lord Jackson and Lord Cameron, made. It is about tackling organised criminals.

Pensioners: Shoplifting

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Thursday 15th May 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, it is imperative that those working in shops, and retail workers in general, are protected in the face of significant levels of aggressive behaviour and violence in so-called kamikaze shoplifting raids. I know that the Government plan to bring in a new specific offence of assaulting retail workers. However, new laws like that work only when the police are there to enforce them. Can the Minister confirm that the number of new police officers entering the front line will be sufficient to help tackle the crime of shoplifting in general?

[Lord Hanson of Flint (Lab)]

I shall say two things to the noble Lord, and I hope he can support the Government on this. We have put in an extra £1 billion of funding into policing this year, over and above what was in last year. We are funding 3,000 extra neighbourhood police officers this year. The plan is to fund 13,000 neighbourhood police officers over the course of this Parliament. I was Police Minister in 2010. In 2011, 20,000 police officers were lost, and that has had a big impact on capacity over that time. I say to the noble Lord that people who undertake violence and ram raids are criminal organised gangs and the police need to focus on that, but neighbourhood policing can also help in improving relationships and highlighting the fact that shop theft, be it one cup of coffee, a jar of coffee or a ram raid full of alcohol, meat and expensive products, is taken seriously by the police.

Telecommunications Fraud: Reimbursement of Victims

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Wednesday 14th May 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, fraud of this kind targets some of the most vulnerable people in our society and causes considerable emotional as well as material harm. Given that 70% of fraud in the UK either originates overseas or has an international link, can the Minister update the House on how the Government are working with other countries to make sure that those abroad who are targeting people in this country are stopped?

[Lord Hanson of Flint (Lab)]

Absolutely; that is an extremely valuable point. Again in the upcoming fraud strategy, we will look at a number of countries from which fraud emanates. We have put just under £1 million into supporting the United Nations conference on this very issue, which will be held next year; the UK is leading the charge on that. For those noble Lords who may have missed me, a couple of weeks ago I spent four days in Nigeria dealing with the Nigerian Government and, with them, signing a charter to look at joint co-operation on fraud that emanates from both our country and theirs collectively; that is the first of a number of charters and codes of practice that we will look at with other countries. This is an extremely important point: there are certain areas from which fraud emanates very strongly. We need an international response to what is an international criminal gang operation.

Female Genital Mutilation

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Tuesday 25th March 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Baroness is absolutely right. One of the key things we need to do is ensure that those people who perpetrate FGM and encourage others to do so are held to account. That is why I again point to the prosecution figures and to the information collected by the National Health Service, because, again, someone only goes to the National Health Service when they have already been offended against. Those are both important issues, and the purpose of the policy study we are undertaking is to gather more information. Again, it is important that we have a proper definition of FGM and honour-based abuse. We are currently looking at that with other government departments to come to some conclusions in, I hope, the relatively near future.

[Lord Cameron of Lochiel (Con)]

My Lords, girls born in the UK in communities where FGM is commonplace face severe injury, long-term health complications and sometimes even death because of this abuse. As many have highlighted, it is almost impossible to detect because of the burden on victims to report it. I therefore ask the Minister: what specific steps have the Government taken to reach out to women in those communities where FGM is prevalent? How are Ministers working to safeguard women and girls and to effect a cultural change to ensure that this dangerous and illegal practice is stopped?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord. First of all, this is a crime. As it is a crime, if it is reported it will be acted on, and if evidence is collected the CPS will prosecute. We need to ensure that we increase the level of prosecutions. The noble Lord asked about the help we are giving to people who may be involved. This is not a political point, because his Government supported it as well, but the Home Office has for many years funded Karma Nirvana’s national helpline. We have committed £215,000 for this current year, 2024-25; obviously, we continue to look at that support. It is important that people come forward and report FGM to the health service and the police. If they do so, we need to look at how we can improve those prosecution rates to make sure that offenders are brought to justice.

Terrorism (Protection of Premises) Bill

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Report stage
Tuesday 4th March 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

Amendment 15 seeks to enhance the efficiency of providing documents to the SIA. It was debated in Committee and offers a small but practical improvement to the Bill. I hope that I can be brief.

The amendment would introduce a clear requirement for the document to be provided to the SIA within six months of it being prepared, rather than

“as soon as is reasonably practicable”.

It would help to ensure timely and structured reporting and to prevent unnecessary delays in the implementation of security measures. A six-month time limit would simply provide a definitive timescale and an end date, which would bring clarity and certainty and be a helpful addition.

I will also briefly introduce Amendments 18 and 32, in the name of my noble friend Lord Davies of Gower—without, of course, stealing his thunder. These important amendments address the need for greater oversight of the SIA. Amendment 18 seeks to establish an advisory board to support and guide its work, and Amendment 32 proposes an independent review panel to assess its performance. Both measures would help to ensure that the SIA remains accountable and thus responsive to emerging threats. More broadly, I hope that the Minister accepts that all the amendments in this group seek to improve the quality of the legislation, and I look forward to hearing his response in due course.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Cameron of Lochiel, for moving his amendment, and I welcome him to the Front Bench. This is the first time we have had a debate with him as the shadow Home Affairs Minister, and I welcome him to his post and wish him as much success as I possibly can, given the Government’s position and his own position on these issues.

Amendment 15 is important, as it looks at the question of the timeframe by which the compliance document must be submitted to the Security Industry Authority. As we have had previous debates on this issue, there are a number of points for me to make to the noble Lord. The document being provided to the Security Industry Authority will detail, among other things, the procedures and measures in place, under the provisions of the Bill, to comply with the Bill’s requirements. It is an important document, as it will enable the SIA to make any initial evaluation of the security approach at the premises or event in question, to engage with the person responsible and to assess compliance with the Bill’s requirements. As such, the document should be sent to the regulator at an early stage, as the noble Lord mentioned.

However, we have not stipulated in the Bill a single deadline for enhanced duty premises and qualifying events in scope, because the Bill applies to a wide variety of such premises and events, from long-established department stores to potential pop-up events. Some will require little change to their security approach, whereas others might need to make a substantive change, or, in the case of certain events, may have long or short lead-in times. The Government therefore determined that the document should be provided as soon as is reasonably practical.

If we accept the noble Lord’s amendment and have an imposed blanket deadline of six months, following completion across enhanced duty premises and qualifying events, this could hinder the SIA’s ability to monitor compliance and provide advice. It may result in out-of-date or inaccurate documents being provided. Depending on the circumstances, the SIA submission may be delayed until very close to the deadline, which is not necessarily the best way to do business. I understand where the noble Lord is coming from—he wants to give that certainty—but I cannot accept the amendment today.

We had an extensive discussion about Amendment 18 in Committee. I refer back to the two public consultations on this legislation, the engagement that both the previous Government and the current Government have had with hundreds of trade organisations and industry bodies, and the work with relevant stakeholders, existing regulators, security partners and local government. That was all about how we can put this legislation in place effectively.

In its current role, the SIA already works with industry, local authorities and civil society. Those working relationships will not end with Royal Assent; the Home Office will build on its existing work to ensure that the SIA is fit for purpose. As I have said before, Royal Assent is the start of a process, of potentially two years or more, of implementation. The amendment would place the burden of a statutory duty on the Secretary of State and, for that reason, I cannot support it, although I again understand where the noble Lord is coming from.

On Amendment 32, I hope that I can assure noble Lords that Clause 12 has been drafted to ensure appropriate oversight by the Secretary of State, with checks and balances on the SIA to ensure that regulation is being delivered as the Home Office intends. The SIA produces annual reports, which will, following Royal Assent, both encompass its regulatory function and provide transparency.

The Secretary of State will continue to appoint board members when required and will be held accountable, in this House and the other place, for those board members. The Secretary of State will make sure that there is significant expertise in the SIA to ensure effective regulation and organisational change, and that it will work closely with business. The Secretary of State will have the power to give directions to the SIA when necessary if they so wish. The Government will therefore be able to ensure that the legislation is being implemented as intended. I know that both the noble Lord and shadow Ministers in the House of Commons will question the SIA and hold it to account, and potentially have debates about the progress of this legislation.

If we were to have, as is proposed, an independent review panel, it would add an extra level of bureaucracy. As I have set out, the Secretary of State has robust powers and oversight to ensure that the SIA manages its responsibilities accordingly. Therefore, I am ashamed to say that, yet again, I reject the amendments in the name of the noble Lord, Lord Cameron of Lochiel, and ask the House, if he presses them, to reject them accordingly. If the noble Lord, Lord Murray of Blidworth, wishes me to give way, I certainly will.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

I fully expect to publish the outcome of those reviews. I give the noble Lord an assurance that this Government will continue that practice and will publish those reviews in the event of them taking place in the timescale he mentioned for the SIA. With that, I hope that he can respond positively and that the noble Lord, Lord Cameron, can withdraw his amendment.

[Lord Cameron of Lochiel (Con)]

My Lords, I thank the Minister for his very generous words of welcome. I look forward to working with him—and, occasionally, against him—in future. I listened very carefully to what he said, and I do not intend to take Amendment 15 further. However, it remains my view that accountability and oversight should not be seen as bureaucratic hurdles; they are fundamental to ensuring that security measures are properly implemented and continuously improved. I make it clear that I do not plan to press Amendment 15, so I respectfully beg leave to withdraw it.

--- Later in debate ---

[Lord Cameron of Lochiel (Con)]

I thank noble Lords for their contributions, particularly those of the right reverend Prelate the Bishop of Manchester and my noble friend Lord Murray.

I turn briefly to the amendments. My noble friend Lord Murray dealt with the treatment of volunteers and spoke eloquently about the principle that volunteers acting in good faith should not be subject to financial penalties, criminal liability or civil liability. He made the point that volunteers play a vital role in many public and community settings, often stepping forward to help in times of crisis. To penalise those who act voluntarily and in good faith would be both unfair and counterproductive. If the Bill is to encourage a culture of shared responsibility for public protection, it must also offer reasonable protections to those who contribute to that effort, and volunteers should not be deterred from assisting by fear of punitive measures. Those amendments strike the right balance by ensuring that only those who act negligently or with ill intent are held responsible.

On Amendment 19, respectfully, I do not accept the argument of the noble Baroness, Lady Hamwee, that this creates an additional court process. The Bill already contains a mechanism in Clause 16(6) and (7) for rendering a notice as having no effect, and Amendment 19 would simply add another scenario to that. Taken together, I suggest these amendments improve the Bill and I urge the Government to accept them.

[Lord Hanson of Flint (Lab)]

I am grateful for the amendments. I will try to run through them and do them justice in as short order as I can.

On Amendment 19, first, I do not consider it necessary to require in the Bill that the tribunal consider suspending a notice where it has been unable to determine an appeal within a reasonable time. The tribunal is already subject to relevant tribunal procedures. The Bill makes provision for the tribunal to consider whether a notice of variation should, in effect, be put in place pending the outcome of an appeal. The Bill gives the right of appeal to such a notice, which, while not automatic, allows the tribunal to make an order to suspend its effect pending the appeal’s determination. I hope that addresses the issues in Amendment 19.

Amendment 20 talks about the penalty period being within 28 days from the date of a penalty notice being issued. I reassure the House that the period of 28 days, as mentioned by the noble Baroness, Lady Hamwee, a is minimum period that the SIA may specify, and it may therefore specify any number of days post that 28-day period. I hope, on that basis, that the flexibility for the SIA on the 28-day period is acceptable.

I fully understand why we have had this debate on a number of occasions: we have been round this at Second Reading, in Committee and now on Report. It is because it is a valid issue to raise. We want to ensure that we encourage volunteers to continue to meet their responsibilities, and I understand that there are concerns, which have been expressed today by the noble Lord, Lord Murray, about the liability of voluntary officeholders and unpaid trustees. The Government are mindful of the pressures that voluntary and community-run organisations face. The right reverend Prelate the Bishop of Manchester endorsed those pressures, and I understand, having been voluntary trustee on a number of small bodies myself, where noble Lords and the right reverend Prelate are coming from. Again, I go back to the requirements of Clause 5. The requirements are there to achieve public protection outcomes; they are not there to put disproportionate burdens on trustees or, indeed, organisations.

As to the consultation, the Government have increased the threshold from 100 to 200 to ensure that we take out a number of smaller bodies. An estimated 13% of village halls and 10,000 community centres have been taken out of scope by that change to the threshold. We are trying to ensure that these are voluntary, simple measures that will require no specific expertise. I understand and accept that in some cases, that could put people off, but would it do so more than any other legislation? Health and safety legislation, for example, could put people off. This is meant to be a simple measure in Clause 5 that allows individuals to undertake, and to do so in a way that meets the obligations but does not discourage volunteering.

Turning to Amendments 21 and 22, under the Bill, penalties can only be issued for non-compliance with the requirement, and daily penalties can be issued only where a penalty notice for a contravention has been issued. Again, I would hope that, in the first instance, if there is any contravention, the SIA will be there to provide guidance, support and help for individuals and organisations to meet their responsibilities, which, I reiterate, are relatively low under the provisions of Clause 5.

Turning to Amendment 24 in the name of the noble Lord, Lord Murray of Blidworth, there are limited circumstances in the Bill where an individual would be liable for an offence committed by a body in connection with failure to comply with a requirement. That will happen and apply only to certain persons in control, and again, it is an offence to fail to comply with compliance or restriction notices only in relation to enhanced duty premises and qualifying events. The offence is therefore less likely to be implemented against village halls or community premises in any event. Again, it is our intention, as it has been all the way through the Bill—and I reiterate that in respect of Amendment 26—that a civil claim for breach of statutory duty may not be brought against an individual. I hope the House will accept those reassurances.

There are limited proposals in Clause 5. There are responsibilities for a responsible person, but they are not ones on which we do not seek guidance and advice from the SIA in the event of non-compliance. Prosecution would be the very last resort in any particular instance. That applies equally, as I mentioned, to other amendments, including Amendment 23. I hope those reassurances will allow noble Lords not to press the amendments.

The implementation period of, potentially, two years, the guidance issued by the SIA, the reviews we have put in place, and the assurance I gave the noble Lord, Lord Murray, on the last set of amendments—that any review of implementation would be published and open to scrutiny—will, I hope, give noble Lords the reassurances they sought in tabling the amendments.

[Lord Cameron of Lochiel (Con)]

Having been prematurely enthusiastic, I beg leave to withdraw Amendment 19.

Immigration and Nationality (Fees) (Amendment) Order 2025

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Tuesday 25th February 2025 Grand Committee

[Lord Cameron of Lochiel (Con)]

My Lords, again, my thanks go to the Minister for setting out the background to this order and for the specific detail that he outlined. As he said, it is a matter of the principle of the fee increase, not the actual increases themselves. I am also grateful for the pertinent and interesting points made by the noble Lords, Lord Rowlands and Lord Foster, and the noble Baroness, Lady Brinton.

As the Government have outlined, this order seeks to increase the maximum fees that can be levied for a range of key immigration services, including the ETA, certificates of sponsorship and applications for naturalisation. This measure is not unexpected. It aligns with the policy direction pursued by successive Governments—including the previous Conservative Administration, who sought to make the immigration system financially self-sustaining and to reduce its reliance on general taxation.

Noble Lords will know that the principle that those who benefit most from the immigration system should contribute to its costs is a long-standing one. In this context, it is logical that the Home Office looks to raise fees, given the increasing financial strain on the system. The proposed fee increases are expected to generate an additional £133.6 million annually while reducing public service provision, thereby saving the Exchequer a further £12.42 million. On the surface, this appears to present a clear net benefit to the Government’s finances; the previous Government acknowledged the necessity of fee increases to maintain the sustainability and integrity of the system.

Going forward, it is of course important to assess whether these revenue projections are robust, particularly in the light of the complex and ever-changing landscape of immigration; and to ask whether these measures will in effect lead to the intended behavioural changes. For instance, we are told that previous fee increases had little impact on demand. Is that always going to be the case? The Government’s own impact assessment here on ETA, for instance, indicates a modest reduction in ETA applications due to the fee increase. All of this points to a general question for the Minister: what ongoing monitoring is in place to assess, on a continuing basis, the impact of fees on issues such as behaviour, demand and costs? I would be grateful if the Minister could outline that in his response.

In conclusion, we do not oppose the Government’s desire to increase fees in order to fund the immigration system. We must ensure that these fee increases are implemented in a way that is fair and equitable and which truly serves the long-term interests of both the immigration system and the broader public. It is in the best interests of the United Kingdom to have an immigration system that is financially sustainable and fair to all those who seek to contribute to our society. I trust that the Government will continue to monitor the effects of these increases and remain responsive to any concerns that may arise.

[Lord Hanson of Flint (Lab)]

I am grateful for the contributions from noble Lords and from the noble Baroness, Lady Brinton, on behalf of the Liberal Democrats. I want to remind the Grand Committee of something it already knows, but it is worth putting it in context at the beginning: there is no increase today in the fee levels, and impact assessments for each potential future fee increase, if this order were to be approved, would be put in place. There would be an impact assessment for each potential new fee level determined by the Government, in due course. That fee level may or may not be put forward by them at some point in the future, up to the maxima being agreed today, and would include an assessment of the impact on tourism, jobs, investment, growth and on the appertaining costs of any fee as a whole.

I know that the Committee knows that, but it is worth putting it in context. This is the hors d’oeuvre to a meal; it is not the main meal, because that will come downstream when potential new fee levels are put before both Houses of Parliament for approval, with an appropriate impact assessment covering the many points made by Members here today.

I will start with my noble friend Lord Rowlands, who I am pleased to see in his place. We shared a long time together in the House of Commons and it is good to see him again here today. He touched on a very important point. First, there is the scrutiny of legislation by the statutory instruments committee, which was also touched on by the noble Baroness, Lady Brinton. The points my noble friend made about that, and the performance of the Home Office, are well made. They were made in the previous debate by the noble Baroness, Lady Brinton; I am hoping that they will not be made in future debates, for the reasons I outlined then. The Government intend to make sure that statutory instruments have proper Explanatory Memoranda and are thoroughly investigated and overseen by Ministers, and that measures which are brought forward are appropriate and testable by the SI committee, and defensible by Ministers accordingly.

My noble friend Lord Rowlands made a clear reference to the failure to provide legislative cover for fee increases. This was round about April of last year. My first defence is that, as he will know, I was not the Minister responsible at the time. Why it happened is a matter of conjecture, but it has. I am not going to put the proverbial political boot in to previous Ministers or officials. That is where we are and, in their defence, there was a general election, which has impacted upon any timescales to rectify that error, but that error has existed. When it was noticed, measures were brought to the attention of Ministers in the current Government, and we brought forward regulations at around Christmastime. Those were taken through the Grand Committee and the House and approved accordingly, so that the fees now being charged are on a legal statutory basis.

As my noble friend mentioned, that leaves a gap of some months—maybe April to November—where fees were charged accordingly, with no legal backing. He asked, rightly, what measures there are to ensure that we take action on that. The Border Security, Asylum and Immigration Bill has within it measures to provide retrospective statutory authority for those fees that were charged in connection with services provided by Ecctis Ltd. On that basis, that Bill, which has been published in the House of Commons, is correcting the position on fees charged to date.

Those who have previously been charged have received a service that they have paid for. We want to avoid putting an additional burden on taxpayers, so we do not intend to issue refunds, because although the fee was charged without that legislative cover, the service that the fee provided was still received by the individuals concerned. We are trying to ensure that we regularise not just the situation, as we have now done, but that gap which happened—not on my watch, but it did. It is now being regularised by this legislation, which will be challenged. The noble Baroness, Lady Brinton, also mentioned this point. It is open to scrutiny and to approval, rejection or amendment in this House, but it is the Government’s position to try to resolve something we were not responsible for. I hope that answers my noble friend’s point, but I will happily take an intervention.

Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Tuesday 25th February 2025 Grand Committee

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the Minister for setting out the detail and rationale for this order. I make no comment on the on the observations just made by the noble Baroness and seek to address only the substance of the order.

As the Minister said, this statutory instrument seeks to grant explicit statutory authority for the DBS to share information with a range of non-territorial and specialist police forces. Although the need for this clarification is important and of course understandable, there are several questions about how this change will affect safeguarding practices more widely.

The order seeks to address a gap in the legal framework and expand the list of forces with access to the DBS. These were listed by the Minister, and I do not seek to repeat them. Given the critical role that these forces play in safeguarding vulnerable people, it is vital that they have access to all the relevant data that could indicate a risk to public safety. If properly implemented, the changes discussed today should enable the relevant forces to access that information and enhance protection.

I will probe the Minister on a couple of points. Is he confident that the forces now granted access to DBS data are fully equipped—in terms of both training and technology—to handle and act upon this sensitive information effectively? Safeguarding data is of the utmost sensitivity, and the risks of misuse or failure to act on such information are significant. What specific protections are in place to ensure that qualified authorised personnel within these forces can access and use the data properly?

Further, the SI allows the sharing of data on individuals barred from working with children or vulnerable adults. There is obviously an expectation that that data will be actively used to prevent harm. Therefore, are any guidelines or protocols in place to govern how this information will be used by the additional range of forces?

Finally, it is important to understand how these new regulations will fit into the broader safeguarding landscape. While recognising the need to protect and secure sensitive personal data for a host of reasons, I ask: does that preclude a more integrated approach to data sharing in general, not just among police forces but perhaps with agencies such as social services and healthcare providers?

The Opposition see this a positive step toward improving safeguarding. Plainly, it is important that its utility is measured and evaluated. I look forward to hearing the Minister’s responses.

[Lord Hanson of Flint (Lab)]

I am grateful for the contributions from the noble Baroness, Lady Brinton, and the noble Lord, Lord Cameron. I first address a point that the noble Baroness made about the Explanatory Memoranda for Home Office SIs. I am going to be honest with her: there has not been a been a good performance by the Home Office for a long period of time. The Home Office has recognised that. I am responsible for what has happened since 4 July last year. A number of SIs criticised by the statutory instrument committee were lacking in information and assessments from the previous Government. I am not going to pick a fight with the previous Government for that; that can happen.

On entering office in July, my job was to recognise that concern from the statutory instruments committee and to ensure that we try to address it. In addressing it, I did two things: I met the then chair of the statutory instruments committee—the noble Lord, Lord Hunt—and I have since had discussions with the noble Lord, Lord Watson, who has subsequently taken over that position. We will continue to liaise with him on that and we will examine that with him. I initially gave the noble Lord, Lord Hunt, the assurance that we will try to improve performance on SIs. I am committed to ensuring that SI legislation is delivered to the highest standard.

We are in a transitionary period. We are still in only the seventh or eighth month of this current Government. Therefore, we, the Home Office, are working hard to drive improvements in explanatory materials where there have been deficiencies. That includes organising refreshment training and guidance for members of staff. I have personally met with officials who deal with the statutory instrument guidance across the board. They are fully aware that not only I but the Leader of this House and the Leader of the House of Commons are very keen to ensure that SIs and Explanatory Memoranda are at a better standard than they were. I give that assurance to the noble Baroness today. It is starting to yield results, with the Secondary Legislation Scrutiny Committee having commended the department recently for its explanatory materials provided in support of several of the latest Home Office instruments. I assure the noble Baroness that that will get better over time, all being well.

County Lines Drug Trafficking

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Monday 24th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord is right that the child should be central, and I will take away what he said today. I hope I can reassure him that the new offence we are introducing tomorrow of criminal exploitation of children will mean that there is another mechanism to hold to account those criminals who seek to use vulnerable children to undertake their criminal activity. When that comes to this House, I hope it has widespread support.

[Lord Cameron of Lochiel (Con)]

My Lords, the Minister has mentioned this already, but can he outline what progress the Government have made towards fulfilling their manifesto commitment to recruit additional neighbourhood police and community support officers? Does he agree that tackling this type of drug trafficking requires not just tougher enforcement but ensuring sufficient police numbers on the ground?

[Lord Hanson of Flint (Lab)]

I will help the noble Lord, I hope, by saying that the Government announced £1.1 billion more this financial year than the police budget was in the last financial year, and this financial year is under a Labour Government while the last financial year was under a Conservative one. When I was the Police Minister in 2009-10, we had the highest number of police officers ever. We faced 20,000 police officers being cut between 2010 and 2015-16, and only latterly have they been built up again. I hope the noble Lord will work with us to ensure that the £1.1 billion of extra spending is put to good use. He can certainly monitor the delivery of the 13,000 officers, which will be a real improvement on the ground to help tackle county lines and other neighbourhood policing issues. That is a 6.6% cash increase and a 4.1% real-terms increase in funding, and I hope this House welcomes it.

Domestic Abusers: Reoffending

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Monday 24th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

As I mentioned in my original answer, the Government have put £20.5 million into perpetrator intervention programmes currently, and those are under evaluation as we speak. The evaluations are slow by their very nature and, again, I can only answer for post 4 July 2024. What we are trying to do is examine, with the violence against women and girls strategy, what works effectively and what interventions we can take forward. Therefore, both the points that the noble Baroness made and other considerations of intervention—and how we evaluate that intervention to make sure it has a real impact and give comfort to victims primarily—are important issues. We will be examining that during the development of the violence against women and girls strategy.

[Lord Cameron of Lochiel (Con)]

My Lords, everyone’s thoughts will be with those who have been victims of domestic abuse, and supporting such victims is rightly of paramount importance. Given that the Government have released domestic abusers early as part of their efforts to manage prison capacity, can the Minister explain what assessment has been made of the risk that this policy poses to victims?

[Lord Hanson of Flint (Lab)]

I hope the noble Lord will know that offences have been excluded from the SDS40 early release scheme. Those include sex offences, irrespective of sentence length; serious violent offenders with a sentence of four years of more; and specific offences linked to domestic violence, irrespective of sentence length, including stalking, coercive controlling behaviour and non-fatal strangulation. So the noble Lord’s basic premise is, I am afraid to say to the House, wrong. Domestic violence perpetrators are not being included in the programme he referred to.

Emergency Service Network Programme

Debate between Lord Cameron of Lochiel and Lord Hanson of Flint

Monday 24th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Baroness makes an extremely valid point. There are 44 police forces in total—43 plus the British Transport Police—and they have a range of different technological methods of gathering information and working. Obviously, from a taxpayer efficiency and a security point of view, we want to make sure that we get the best deal. Part of the Government’s efficiency drive will be to look at how we can work with police forces, which are independent, to do that downstream. The change we have made from the previous Government’s position will save the taxpayer £200 million per year when up and running. That is a more efficient way of getting a better service for the taxpayer.

[Lord Cameron of Lochiel (Con)]

His Majesty’s Opposition look forward to monitoring this programme according to the timescale set out today. What assurances can the Government give that the emergency service network will ever deliver what it set out to do, especially in light of the ongoing vast expenditure of the programme?

[Lord Hanson of Flint (Lab)]

Let me give the noble Lord this assurance: I am not sure how we will monitor it, but it will be better than the previous Government’s monitoring. The previous Government’s overspend and the delays—as mentioned by the noble Lord, Lord Hogan-Howe—were all, dare I say it, on his watch. We signed a contract in December and it is a significant amount of taxpayers’ money—potentially £19.2 billion over a 28 year-period. The Home Office, with colleagues, will monitor the introduction, delivery and efficiency. As we do so, and as we have done with the previous contract that his Government signed, if it becomes inefficient, we will take action. We are now in discussions with Airwave and Motorola to find recompense for the taxpayer for the overspend that was inflicted on his watch.