Visas

Debate between Lord Clement-Jones and Baroness Williams of Trafford

Monday 21st October 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Earl will appreciate that I cannot discuss individual cases, but I hope that he will also be aware that on 8 August the Government announced a new fast-track system for top scientists and researchers, and the numbers are uncapped. Overall, our visa grant rate is 87%, and 98% of tier 2 applications are granted.

[Lord Clement-Jones (LD)]

My Lords, many creative organisations have been forced to use standard visitor visas or the PPE route, despite their preference for the security of the sponsored tier 5 system. Will the Government accept the recommendations of the Creative Industries Federation and ensure that any new immigration proposals reduce the administration and costs for tier 5 certificates and enable artists to undertake multiple engagements with different organisations while they are here on a temporary stay?

[Baroness Williams of Trafford]

I appreciate the point the noble Lord makes. He has made it before, particularly on the route from Ireland. There is a concession under the tier 5 route for creative workers and entertainers for non-EEA and non-visa nationals. That concession, as he knows, allows them to enter the UK without obtaining entry clearance. But he will also know that new guidance is now out for those multiple applications. Indeed, not only has the route through Ireland been temporarily clarified since February this year, but we plan to make secondary legislation changes to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 so that non-EEA and non-visa nationals who hold a valid COS not only will receive deemed leave but will not have restrictions on paid entertainment.

Public Spaces Protection Orders

Debate between Lord Clement-Jones and Baroness Williams of Trafford

Thursday 11th July 2019 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government what assessment they have made of the (1) imposition, and (2) operation, of public spaces protection orders.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we introduced public spaces protection orders, or PSPOs, through the Anti-social Behaviour, Crime and Policing Act 2014 to enable local councils to tackle anti-social behaviour in public spaces. The Home Office does not centrally collate data on the number issued. Our statutory guidance makes clear that PSPOs should be used appropriately and proportionately. The effect of the powers is kept under review through a national anti-social behaviour strategic board.

[Lord Clement-Jones (LD)]

My Lords, the Minister was very constructive the last time we discussed these issues and helped to change the statutory guidance on PSPOs. However, they are increasing at a faster rate than ever and continue to target homeless people, with bans on begging and rough sleeping. Will the Government now admit that the statutory guidance has not achieved its intended aim? Is it not now necessary to enforce the guidance properly, give better means of appeal against the imposition of a PSPO, or change the original powers?

[Baroness Williams of Trafford]

I thank the noble Lord for his kind words. He is absolutely right: following his concerns and those of the noble Lord, Lord Kennedy of Southwark, 18 months ago we published the updated statutory guidance to make it clear that PSPOs should not be used to target people based solely on their being homeless. As I said, they should be used proportionately and appropriately.

Visas: Certificates of Sponsorship

Debate between Lord Clement-Jones and Baroness Williams of Trafford

Thursday 13th September 2018 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government what assessment they have made of the impact of changes to arrangements for Certificates of Sponsorship, in particular those affecting artists visiting the United Kingdom for music festivals.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we welcome artists from across the world visiting the UK to perform in music festivals, recognising the needs of the creative arts and to promote the creative industries. Specific arrangements were introduced in 2008 under tier 5. While there have been no changes to these, we recognise concerns raised by the sector about the operation of tier 5 in specific areas and we are working with it to understand and address them accordingly.

[Lord Clement-Jones (LD)]

My Lords, the UKVI now seems to be telling its officers that all non-EU entertainers need an entry visa if they come through Ireland, whereas previously, certificates of sponsorship could be presented and activated when they came to Britain. This change was not announced publicly and no proper consultation with the music industry took place. It was taken unawares and the new requirement has had a major impact on major summer music festivals such as Glastonbury, Edinburgh, Glyndebourne, Reading and Leeds. Is this the hostile environment we can now expect for all artists—whether they are EU citizens or not—if Brexit takes place? Is the Home Office now dictating our cultural and creative exchanges?

[Baroness Williams of Trafford]

I hope the noble Lord could concede that it is not hostile; it is quite the opposite. There has been a change in how the tier 5 route is implemented when individuals enter the UK, particularly from Ireland. Because there are no routine immigration controls on these routes, the correct form of entry clearance cannot be given and the certificates of sponsorship therefore cannot be activated. It has nothing to do with exit from the EU. Work is well under way to identify a workaround for the tier 5 concession route when entering the UK from Ireland to avoid the requirement to obtain a visa before arrival. I hope that gives the noble Lord some comfort.

Data Protection Bill [HL]

Debate between Lord Clement-Jones and Baroness Williams of Trafford

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 13th November 2017 Lords Chamber

[Baroness Williams of Trafford]

I thank my noble friend for that. In the meantime, I think my words should be reread, particularly my point about it not being a wholesale carve-out but quite a narrow exemption. I will write to noble Lords. I thought I might home in on one question that the noble Baroness, Lady Hamwee, asked about relying on this in the investigation, detection and prevention of crime. Of course, that is not always the correct and proportionate response to persons who are in the UK without lawful authority and may not be the correct remedy. I will write to noble Lords, and I hope that the noble Lord will feel happy to withdraw the amendment.

[Lord Clement-Jones]

My Lords, I thank the Minister. For a Home Office Minister she has a wonderful ability to create a sense of reassurance, which is quite dangerous. I am afraid that for all her well-chosen words, these Benches are not convinced. In particular, I noticed that she started off by saying, “This is only a very limited measure; it does not set aside everything”. But paragraph 1 sets aside nine particular aspects, all of which are pretty important. This provision is not a pussycat; it is very important.

I thank all those who spoke, including the noble Baroness, Lady Jones, and the noble Lord, Lord Lucas. I thought the support from the noble Lord, Lord Kennedy, for this amendment—I called him the right name this time—was rather more equivocal, and I hope he has not been persuaded by the noble Baroness’s siren song this evening. This is a classic example of the Home Office dusting off and taking off the shelf a provision which it has been dying to put on the statute book for years. The other rather telling point is that the noble Baroness said there is express provision for such derogation in the GDPR. But that is no reason to adopt it—just because it is possible, it is not necessarily desirable. But no, they say, let us adopt a nice derogation of this kind when it is actually not necessary.

As my noble friend pointed out, the Minister has not actually adduced any example which was not covered by existing exemptions, for instance, criminal offences. We will read with great care what the Minister has said, but I do not think that the “Why now?” question has really been answered this evening. In the meantime, I beg leave to withdraw the amendment.