Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2024

Lord Coaker Excerpts

Friday 24th May 2024 Lords Chamber

[Lord West of Spithead (Lab)]

I stand briefly to say that the Intelligence and Security Committee fully supports this.

[Lord Coaker (Lab)]

We support the extension. It is important to highlight that this statutory instrument simply extends the guidance to Scotland. Although counterterrorism legislation is a reserved matter, the delivery of the Prevent programme is for the devolved Administrations, so this is therefore necessary with respect to Scotland. I have only one question: why 19 August? We wondered why it could not be immediate. Is there a particular reason for that? Notwithstanding that, we fully support the SI.

[Lord Sharpe of Epsom (Con)]

I thank both noble Lords for their support. Given that this is my second-to-last outing from the Dispatch Box, I am delighted to be able to answer that question: I have not the faintest idea.

Licensing Act 2003 (UEFA European Football Championship Licensing Hours) Order 2024

Lord Coaker Excerpts

Friday 24th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, this summer the UEFA European Football Championship will take place in Germany. Happily, both the England and Scotland men’s national teams have qualified to take part. Therefore, I am before your Lordships today to propose the extension of licensing hours if either England or Scotland, or indeed both, reach the semi-final on 9 and/or 10 July and the final on 14 July.

The Secretary of State is allowed, under Section 172 of the Licensing Act 2003, to make such an order to relax opening hours for licensed premises to mark occasions

“of exceptional international, national, or local significance”.

As I hope your Lordships will agree, the progression of England and Scotland, or both, to the late stages of the competition would represent just such an occasion. Should that happen, people will want to come together in celebration and support of the home nation teams.

The extension will apply to premises licences and club premises certificates in England and Wales, which license the sale of alcohol for consumption on the premises. These premises will be allowed to remain open until 1 am without having to notify the licensing authority via a temporary event notice, as would usually be the case. This contingent order only covers sales for consumption on the premises after 11 pm. It does not cover premises that only sell alcohol for consumption off the premises, such as off-licences and supermarkets. Premises that provide late-night refreshment—the supply of hot food or hot drinks to the public between the hours of 11 pm and 5 am—but do not sell alcohol for consumption on the premises will not be covered by the order. Such premises will only be able to provide late-night refreshment until 1 am if their existing licence already permits this.

The Home Office conducted a public consultation, which ran for 12 weeks. Over 80% of respondents agreed with the extension on the three proposed dates and that it would apply to England and Wales. The consultation received responses from numerous trade organisations that were in favour. However, it would be remiss of me not to mention that the police are not in favour of extending licensing hours, given the potential for increased disorder. Police deployments and resources are of course operational matters, but I am sure that forces will, as they have in the past, put in place plans to minimise the risk. It is also worth pointing out that this is a limited two-hour extension to licensing hours, which is a proportionate approach to mark these events.

I will make two further points before concluding. First, because licensing is a devolved matter, if either England or Scotland is successful in reaching either the semi-final or the final, the extension will only apply to licensed venues in England and Wales. Secondly, if neither of the teams reaches the semi-final, normal licensing hours will apply on 9 and 10 July. If either or both teams reach the semi-final, but neither team is in the final, normal licensing hours will apply on 14 July. There will be great interest in the upcoming tournament, which is why we have brought forward this order. Finally, I wish both the England and Scotland teams the very best of luck. I beg to move.

[Lord Coaker (Lab)]

My Lords, we support the SI. I will make just one suggestion to the Minister—that he make sure that the Prime Minister is fully aware of the contents, to avoid any further embarrassment in the future.

The other point that I would like to make is that I think that the Government are making a proportionate response. It is an important relaxation of licensing laws in very particular circumstances. I join the noble Lord in wishing both England and Scotland all the very best in the tournament in a few weeks’ time.

I also take this opportunity, since this is the last time I will be speaking, to thank the Minister for his co-operation in everything that he has done. I thank former Ministers who are also present, too, for the work that they did, as well as others on other Benches. I very much appreciated that. I am glad that the noble and learned Lord, Lord Hope, is here. I have been very pleased to receive the numerous legal representations and to be informed how that all works, including understanding the difference between “minor” and “more than minor”, if he remembers.

The serious point is that there is much division, as the noble Baroness, Lady Hazarika, said in her excellent maiden speech. There are political differences, but there are also many things that we can provide for the benefit of the country by working together, which is what we all wish to see. I thank the noble Lord, Lord Sharpe, for the way he has conducted himself with his fellow Ministers. I wonder if he would be so good as to pass that on to the noble Baroness, Lady Williams, who before she became Government Chief Whip was also an excellent Minister. It would be remiss of me not to finish with that.

I have greatly appreciated the way in which the noble Lord, Lord Sharpe, has conducted his affairs. He is exemplary of how a government Minister should operate. Many of the Bills he has been involved with have been extremely difficult, and were I to be in his position—you never know—I suspect that others would turn round on me many of the questions that I have asked and I would then appreciate some of the difficulty in delivering a policy that we all agree needs careful attention. With that, I will finish, but I again thank the Minister very much for the way he has conducted himself. I appreciate the way in which he has conducted government business, as I know do my noble friend Lord Ponsonby and other noble Lords who have worked with him.

[Lord Addington (LD)]

My Lords, the measure is very reasonable, and having an extra bit of time for celebration for a major event sets a good precedent. I wish both England and Scotland well—it is the wrong shaped ball for me, but hey, you cannot have everything.

I thank everybody here who has come together around certain issues and causes across the House, throughout the entire Parliament, to achieve things. It has been very valuable. I hope that nobody here gets bitten by a dog when delivering a leaflet.

Illegal Migration Act: Northern Ireland

Lord Coaker Excerpts

Wednesday 15th May 2024 Lords Chamber

[Lord Coaker (Lab)]

Can the Minister confirm that, if this Belfast judgment stands, we will be in the chaotic and damaging situation of asylum seekers having different levels of protection in different parts of the UK? How on earth have the Government let it come to this? What assessment has been made of that discrepancy in the movement of asylum seekers across the UK?

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I start by expressing the Government’s disappointment at this judgment. We continue to believe that the policy is lawful, that our approach is compatible with international law and, specifically, that the Illegal Migration Act proposals are compatible with Article 2 of the Windsor Framework. The Government will take all steps to defend their position, including through an appeal. We have consistently made clear that the provisions in the Belfast/Good Friday agreement referred to in the Windsor Framework were developed specifically against the background of Northern Ireland’s unique circumstances. They do not concern, and should not be brought into, the complex debate on illegal migration.

Statement of Changes in Immigration Rules

Lord Coaker Excerpts

Tuesday 14th May 2024 Lords Chamber

That is the view of the committee of the House, and I think it is the view of most Members of this House as well. That is why we so much oppose these changes. Frankly, they are cruel.

[Lord Coaker (Lab)]

My Lords, I congratulate my noble friend Lady Lister and the noble Baroness, Lady Hamwee, on bringing these regret Motions. Before I start, let us remind ourselves that the net migration figures stand at 672,000, a figure that, as the noble Lord, Lord Empey, mentioned, I think we could all agree needs to be reduced.

The changes to the Immigration Rules are intended to reduce immigration and encourage UK employers to invest in the resident workforce—a laudable aim that we could all support. There are numerous changes to various thresholds with respect to immigration, but we have no idea whether they will work, and neither does the Minister—he has not got a clue, either, because the evidence is not there. I will tell you what I think has happened. The report from the Secondary Legislation Scrutiny Committee should be compulsory reading for every single Member of your Lordships’ House on how not to do a Bill or a piece of secondary legislation. It is absolutely shocking. We should remind ourselves that this was published on 24 March, saying, “Where’s the impact assessment? Where’s the equality impact assessment? Where’s the evidence for what the Government are doing?”

The Minister was called before the committee. I cannot remember the date off the top of my head, but he had to go and explain what was going on, to the best of his ability. I think the noble Lord, Lord Kerr, is absolutely right: I can only imagine that there been a furious row in the Home Office between the noble Lord, Lord Sharpe, I would guess, and others, where the noble Lord said, “I’ve got to go to this committee and this Chamber to defend the policy, but you won’t give me the impact assessment”. I absolutely agree with the noble Lord, Lord Kerr, that they said, “We can’t publish the impact assessment in the way that it’s done because it actually doesn’t support what we’re doing”. If that is not the case, perhaps the noble Lord, Lord Sharpe, could explain what the impact assessment says and why on earth the Government would not publish it, if it supports what they are doing. That would completely undermine what my noble friend Lady Lister, the noble Lords, Lord Kerr and Lord German, the noble Baroness, Lady Hamwee, and I have all said. I have no idea what has gone on.

I will ask the noble Lord, Lord Sharpe, a basic question: does the Home Office care that it put a Minister before the Secondary Legislation Scrutiny Committee to explain why it had not published an impact assessment? I believe the noble Lord, Lord Sharpe, does care and that he has been sold a pup on this one, so let us depersonalise this: does the Home Office care? Why has the Home Office not published it? Does it not care about what the Secondary Legislation Scrutiny Committee has said? Does it not care that the noble Lord, Lord Sharpe, made various commitments to the Secondary Legislation Scrutiny Committee, when he was called before it, about the need to publish that? We then read that an impact assessment has been produced, but it is not to be published. What on earth is going on?

The point made in this Secondary Legislation Scrutiny Committee report is that the Home Office is a serial offender. This happens time and time again. I have to say that the regret Motion simply sets out and gives us the opportunity of saying to the Government, “It can’t go on like this”. How on earth can you produce 289 pages and expect any scrutiny of all the various changes that are made, without any evidence for us to look at and understand?

These are massive changes. Noble Lords heard the personal examples that the right reverend Prelate, the noble Lord, Lord Empey, and others gave about the very real impact this has. Yet the Government say, “We’re doing it because we believe it’s the right thing to do and it will have some sort of impact”. I will read out a couple of examples. I do not know whether people have read this, but the Minister gave a figure of 300,000 for what the impact of these particular changes would have been, looking back. Where has that come from? Where was the evidence for it? If it was looking back, the Government presumably have some estimate looking forward. So I do not understand it, and neither did the chair of the committee, because he asked the Minister to explain it—and, if I remember right, the Minister asked the official. It would be handy to know where 300,000 has come from. It was looking back, so what about looking forward?

Let us have a quick look. The various thresholds have been increased. The threshold for the skilled worker visa is up from £26,200 to £38,700. How big a reduction is that going to make? The minimum income requirement, which is the income required for British citizens and entitled residents to bring a partner to the UK, goes up from £18,600 to £29,000. How big a reduction will that produce—and on who? The Government say that they will reduce dependence on imported skilled labour and encourage training of the resident workforce. That is a laudable aim, but where is the evidence for that? How is the training going to take place, and what happens to the transition? You cannot just say that we will get rid of skilled migrants coming to this country and replace them with a resident workforce. It is not like turning a tap on—so what is going to happen in the transition? What happened to the consultation when the care sector said that it would end up with problems? What was the Government’s response to the care sector in that regard?

Can the Minister explain why the child element of the threshold, contributing to the minimum income requirement, was abolished? That contradicts the stated policy aim of ensuring self-sufficiency—again, that is unclear. Was the Minister himself happy with the consultation that took place, given the fact that there was none? Why was there no particular consultation? What happened to it?

Why is there no equalities impact assessment? The noble Lord, Lord German, read out the consequences of having one threshold for the whole of the country. It makes a huge difference whether you live in the north-east, London or wherever. What do the Government think about that? Are they not bothered about it? Is it just something that they can brush off and say it does not really matter?

Who signed all this off? I do not believe it was the noble Lord, Lord Sharpe, so which Minister signed it all off? Who said that this was all fine to do? Who has made the decision to say, “We can do all of this without an impact assessment; we don’t care—and I’m sorry, Lord Sharpe, but you’ve got to go and do the regret Motion. We’re still not going to publish it, and it will just happen”? That is not the way to do business. It is unacceptable. The Government and the Home Office need to take responsibility for it. At the very least, let this be the last time that we get major legislation through an SI done like this, without an impact assessment. It is not good enough. It has an impact on a huge number of people’s lives. I do not blame the Minister, but the Home Office is to blame for this. It is a totally unacceptable way in which to conduct business.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank noble Lords who have contributed to the debate. Before I get to do the “bad cop” thing, I ask the noble Lord, Lord Empey, to send me Mr Ferguson’s details, and I will of course happily look into his case.

Before getting on to the detail of the regret Motions, can I set out some background about the decision to raise the minimum income requirement, to which I shall henceforward refer as the MIR? It is important that we put these issues into context. As the noble Lord, Lord Empey, pointed out, net migration is too high; we have to get back to sustainable levels. In the year to June 2023, as has been noted, it was estimated to be at 672,000. Last year, we announced a series of robust measures to bring those numbers down, including tightening the rules on care workers, as the noble Lord, Lord Coaker, mentioned, as well as on skilled workers, and making sure that people can support family members they bring to the UK.

Far from being a “Get out of the UK” policy, as was somewhat intemperately alleged by the noble Baroness, Lady Hamwee, the approach that we are taking is firm but fair. It is designed not only to bring numbers down substantially but to address the injustice of a system which, if left untouched, would reward employers seeking to recruit cheap labour from overseas at the expense of British workers and put unsustainable pressure on our most vital public services. As I think the noble Lord, Lord Coaker, would concede, that is a laudable aim. The decision to raise the MIR is a key part of our plan to reduce overall migration levels. Taken together, the changes that we are implementing will mean that the 300,000 people who came to the UK last year would now not be able to come.

I turn to the specifics of the regret Motions. First, I want to provide clarity on the objective of raising the MIR. The MIR was first introduced in July 2012 to ensure that family migrants could be supported at a reasonable level, so that they do not unreasonably become a burden on the British taxpayer, as well as to help to ensure they can participate sufficiently in everyday life to facilitate their integration into our society. It has not been increased in line with inflation or real wages since its introduction—nor has it been adjusted in light of rising numbers of migrants using the route. It is in that context that we have reviewed the threshold and taken the decision to raise it to match the level of income needed for somebody to come here as a skilled worker, which is currently at £38,700 per year. That ensures that migration policy supports our wider ambition for the UK to be a high-wage, high-productivity, high-skill economy.

Bringing the family income threshold into line with the new minimum general salary threshold for skilled workers will ensure that people bring to the UK only those dependants whom they can support financially. It will also encourage them to maintain the financial independence of all family members once they settle and who would otherwise gain full access to the benefit system.

Russia

Lord Coaker Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, as I have said on behalf of His Majesty’s Opposition on a number of occasions, we will always work with the Government on matters of national security. All of us want to protect our country, our people and our democracy, and we will stand with our friends and allies across the world in order to do this. We join the Government in condemning Russian interference and hostile activity here in the UK and throughout Europe. There have been numerous examples of such activity, not least the current cases that we have seen and many others, as outlined by the Home Secretary in his Statement in the other place. We read consistently of such attacks in our newspapers.

We also remind everyone that we remain absolutely at one with the Government with respect to Ukraine and that should there be any change of government in the near future, there will be no change of policy at all. It is important for us all to recognise—and continue to recognise—that the defence of the UK starts in Ukraine, against the illegal invasion by Russia, but that there are also challenges and threats to our homeland security, so we support the measures that the Home Secretary outlined a few days ago in his Statement. It is in this spirit of cross-party support that I will make a number of further points and ask some questions of the Government.

Notwithstanding recent changes to the law, there remain questions about illicit Russian finance. Can the Minister reassure us about the priority that the Government are giving to this? What are the latest figures he has available that he can share with us about the amount of illicit Russian finance that the Government believe there to be and how much has so far been seized? As I say, there is continuing concern that we could and should be doing more.

Can the Minister outline what diplomatic response the Government expect from Russia? The Home Secretary said:

“We will always ensure that we protect our ability to have lines of communication with Russia … Routes for de-escalation”


and so on

“are very important … We will seek to maintain”

those lines

“even while we take these decisive actions”.—[Official Report, Commons, 8/5/24; col. 587.]

We all agree with that, so can the Minister say anything further on any diplomatic response one way or the other, notwithstanding the obvious difficulties with respect to that?

On the question of seizing Russian assets to fund reconstruction in Ukraine, a policy that the Government have said they support in principle, has this policy been progressed in any way? In the United States, more than 70 individuals have been charged with sanctions evasion and huge amounts of assets seized. Can the Minister give an equivalent figure for the UK? It is my understanding that no one has been charged. If so, can he explain whether any cases are ongoing and, if not, why not? It is also the case that we have still not had a full update on the scale of risks from golden visas. When can we expect that from the Government?

Finally, there can be no doubt that from Iranian-sponsored “kidnap and kill” threats to attacks on so-called dissidents, the repression of Hong Kong protesters outside the Chinese consulate in Manchester, Salisbury and many other examples on home soil in the UK, we have witnessed a fundamental shift in the threat landscape. State actors are targeting us in our own country, sometimes with the co-operation of serious and organised crime. Even in this Parliament, a parliamentary aide and more alleged spies have been charged, as we have recently seen in our papers, although with respect to China. How are the Government responding to this increased threat and supporting the amazing work of our police and intelligence agencies, which we all recognise?

This is one of the fundamental questions of our democracy today, so the co-ordination of that effort across government is of extreme importance. I wonder whether the Minister could say a little about that. We must not be found lacking in our response as we defend our hard-won freedoms, and that co-ordinated effort must be at the heart of it.

[Lord Purvis of Tweed (LD)]

My Lords, I associate myself with many of the remarks of the noble Lord, Lord Coaker. I agree with what he said. These Benches also welcome the Statement repeat and support the Government’s actions. I too pay tribute to the security and intelligence services, which remain vigilant in keeping us safe from foreign malign activity. It is of course a very serious matter when we have to take action against so-called diplomats—those who are abusing not only the protections that diplomatic conventions afford them but their position within the United Kingdom—but actions have been necessary.

I note that the Home Secretary indicated in the Statement that this was the first legislation under the National Security Act on which the noble Lord, Lord Coaker, and I, along with my noble friend and others, worked closely with the Minister. He was very open and worked on a cross-party basis. When it comes to national security and keeping our country safe, we are of the view—I think the Minister agrees—that this is not a partisan issue, no matter what the Prime Minister may have said this week. I pay tribute to the Minister for his work on that, and it is rewarding to see that the measures we put in place on a cross-party basis have been activated. That demonstrates to any country around the world that government and Parliament are united in ensuring that our people will be safe.

As the noble Lord, Lord Coaker, indicated, we should of course expect a tit-for-tat response. What advice are His Majesty’s Government giving to the wide network of UK journalists and other nationals still operating in Russia in the genuine field of culture, trade and people-to-people relations? I have said repeatedly that our concern is not with the people-to-people relations between the UK and Russia but with the Putin regime. What vigilance will they therefore have to have, and what advice are the Government giving?

Concerning the wider issues on sanctions and assets, as indicated in the Statement, I think I have spoken to almost all the sanctions that Parliament has approved and that the Government have put in place. We support them all, of course, but unfortunately there are certain areas that are vulnerable to sanctions circumvention. What actions will the Government now take on those who are actively circumventing the sanctions cited within the Statement? This includes, for example, shadow fleets that ship the oil exports from Russia, which means that Russia is continuing to make a profit out of the war. It means those within metal trading and within the financial relationships that the UK has with the Gulf. When it comes to the assets, the Statement indicated that the £22 billion of assets that we have frozen is from October. That is six months ago so, as the noble Lord, Lord Coaker, asked, what is the live figure of the assets?

The Home Secretary said in response to questions in the House of Commons that

“no one has seized or liquidated Russian assets”.—[Official Report, Commons, 8/5/24; col. 588.]

But we know that that is not the case, and not just within those that Ukraine has. What is the exact legal blockage to the UK seizing assets that we have frozen? The Foreign Secretary replied to me in this Chamber a number of weeks ago that he was frustrated with the delays. What are the delays and why have the Government not presented legislation? If legislation is required to be passed, I am certain that the Front Benches will be supportive of that move and that it can be expedited through Parliament.

I was reading this week that the EU now has mechanisms in place to charge the interest of those frozen assets, with an estimate of up to €8 billion. One estimate of the £20 billion frozen by the UK Government could mean, depending on how it is invested, that it could accrue interest of up to £1 billion over this year. Why is that not being seized for immediate use?

Can the Minister confirm to me that the mechanisms the Government have put in place to allow for frozen assets to be sold to UK businesses or individuals can never be used for them to make a profit out of any frozen assets? I understand that the mechanisms will allow bodies to buy a frozen asset but not to sell it until it is unfrozen. But it could accrue interest, so I would be grateful if the Minister could indicate that that could never be the case.

Finally, given that we are likely to see further actions from the Putin regime—we see today’s very worrying news from the Georgian Parliament and we see it in the Balkans—and, as the noble Lord said, from the China regime, now is the time for the Government to give proactive briefings to Opposition Front Benches on likely or possible future threats. We had that when we were tackling the Daesh problem but we need it now when it comes to China and Russia, and I hope the Minister can respond positively to that point.

Passport e-Gates Network Outage

Lord Coaker Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I thank the noble Lord for the repeat of this important Statement, which deals with the recent eGates outage affecting border control and security. I join the noble Lord and others in paying tribute to the staff who responded and the passengers who waited patiently for flights, often for many hours.

We all care passionately about our border security and are united in recognising its importance. There are, however, a number of serious points and questions for the Government that arise from what happened just a few days ago. This example is just the latest in a number of failures with the eGates system. Can the noble Lord reassure us that the Government’s confidence in this system has not been shaken and that the intention is still to expand the eGates network? Is the technical issue that was responsible in this case the same issue that caused previous outages?

The security of our borders is crucial, so can the noble Lord again confirm that the outage was the consequence of a technical failure and not of any malign actor? Can he also confirm that, although the system was down for a number of hours, no aspect of our border security was compromised in any way? Can he confirm that there was no cyber element to the attacks and that there are no weaknesses that could be exploited by adversaries?

In discussing this matter, the Minister in the other place said

“how we got to this point in the first place—as soon as the fix was put in place, the posture changed to getting us to a place where we better understand that root cause. That work is ongoing, and it would not be right for me to speculate on it”.—[Official Report, Commons, 8/5/24; col. 594.]

Is there still a problem, on which we have put a sticking plaster and called it a fix, while the root cause, as yet unidentified, remains? If so, what are we doing about it?

Can the noble Lord also reassure us that any lessons learned are being implemented as a matter of urgency and that all the contingency plans that were in place are being reviewed in light of how well they did or did not work?

As an aside to this issue, can the noble Lord also take the opportunity to give a guarantee that all necessary preparations are in place in Dover for when new entry and exit checks are introduced in the autumn?

Alongside the introduction of eGates, automation and new technology, do the recent issues that have arisen not highlight once again the need for a visible, physical Border Force presence at our ports? Yes, we need people to help and advise—that is crucial and important—but also those whose job it is to ensure compliance with and the enforcement of our laws at the border.

There cannot be another repeat of the chaos we saw recently at our borders. These problems seem too persistent and to occur regularly. That undermines the confidence of all of us in the security of our borders. It undermines that public faith which is so crucial to the integrity of our country, as we all must believe that our border security system works and works well—because that is in all our interests, is not it?

[Baroness Randerson (LD)]

My Lords, I too pay tribute to the staff involved, both Border Force staff and other airport staff, who took the pressure when this occurred. It is now five days after this Statement was made in the other place and, understandably, the Minister there was able to give only limited detail and indicate that investigations were ongoing. Clearly there will be more known now than was known then, so can the noble Lord give us more detail and a commitment that, when the final report is produced, he will return to inform us about the lessons that it revealed? Getting this right is obviously vital.

The Government were lucky this time, as the issue occurred in the early evening, midweek, in early May—at a quiet time of the day, a quiet time of the week and a quiet time of the year. If it had occurred at peak time, the story would probably have been very different. This is the third eGate failure in a year. It simply cannot be acceptable to regard it as an inevitable part of a technology-based system, because even more complications are coming in the near future.

The UK Government are introducing the ETA—the electronic travel authorisation—for non-visa countries. This has already started with the Gulf countries, and plans to roll it out gradually—first to the rest of the world other than the EU, and then to the EU—are scheduled for October 2024. The EU is also introducing the EES—the entry and exit scheme—including facial recognition and fingerprints. This scheme’s full implementation has been delayed until after the Olympics and is now also expected in October. Surely it is a potentially fatal mistake to introduce both the ETA and the EES at the same time. Can I ask what discussions the Government are having with the EU to ensure that everything does not all coincide at the same time?

The general public are blissfully unaware of what lies ahead. What plans do the Government have to alert and inform people well in advance of the introduction of these changes? Can the noble Lord assure us that the technology for this is fully ready and thoroughly tested?

Both UK and EEA citizens can use eGates, and the Government have recently added 10 more countries to the list of those that can use them. That is why eGates are so busy. Ironically, instead of taking back control of our borders following Brexit, we have in fact reduced the number of controls at our borders. Noble Lords will know that when we UK citizens go abroad to the EU now, we are not able to use eGates in most cases; we are required to queue up, and very often we have to answer detailed questions about our visit, rather like we do if, for example, we visit the USA. We no longer have the privilege of easy entry and exit from EU countries. We are making life easier for people coming here, but life is not being made easier for us going to other places.

We all know that having a physical presence is a major deterrent to people wanting to abuse access to this country. Does all this not underline the need to keep a strong physical presence of Border Force officers at our points of entry and exit from this country?

Modern Slavery National Referral Mechanism: Waiting Times

Lord Coaker Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The public order disqualification is part of the Nationality and Borders Act, which has also been discussed extensively from this Dispatch Box and over a number of debates. It provides a definition of public order which makes it operationally possible to withhold the recovery period in certain circumstances, in line with Article 13 of the European Convention on Action against Trafficking in Human Beings. All decisions are made on a case-by-case basis.

[Lord Coaker (Lab)]

My Lords, can the Minister explain why the last annual report on modern slavery, as required by the Modern Slavery Act, was published in 2021? When will the Government publish the next annual report? Would that not help us to understand the statistics?

[Lord Sharpe of Epsom (Con)]

My Lords, I have already highlighted that a lot of statistics have been published. I do not know specifically when the next report is due to be published, but I will find out.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I go back to an earlier answer I gave, that these are extraordinarily complex cases and, therefore, the guidance has to be refined in light of those cases periodically. I do not know to what specifically the noble Baroness is referring but, as far as I am aware, it does not make it any more complicated.

[Lord Coaker (Lab)]

My Lords, I should have referred to my interest as a trustee of the Human Trafficking Foundation, as laid out in the register, at the beginning of my question. I apologise for that.

Inadmissible Asylum Seekers

Lord Coaker Excerpts

Thursday 9th May 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I start by thanking the noble Lord, Lord German, for setting up this important debate; I agree with most of what he said. I also welcome the Minister to his place; how glad I am to see him still here. Only he and one or two others are left defending the policy to deal with this problem. His former boss was on the television just recently, calling out the plan and saying that it would not work. His former colleague, Robert Jenrick, was also calling it out, saying it would not work. Presumably, these are all colleagues he worked closely with to ensure that the plan was well set. There are also some behind him saying that the policy is not tough enough and will not work, and some saying it is too tough. We also have the now-Labour MP for Dover joining in with the criticism of the plan.

So desperate are the Government to get any flights off the ground that they paid a volunteer £3,000 to leave. The British taxpayer will now be paying for their board and lodging in Rwanda for the next five years. Did the Minister sign that off, or can he explain who in the Home Office did? As we are talking about numbers, as the noble Lord, Lord German, says, that means that that part of the plan stands at one. Are the Government currently planning to increase that? Will we see any more volunteers recruited to go to Rwanda? What is the Government’s target?

I will also use the Government’s figures for the numbers of people. Where possible I have tried to use Home Office figures. The numbers show that 1,123 people have arrived on small boats in the last week—some deterrent. How can the Minister tell us that this is working? Of those arrivals, 711 arrived on 1 May, which is more than twice the number—300—that the Government’s Rwanda scheme will take, at a cost of half a billion pounds. Can he explain how that is value for money, at £2 million per person?

Will the Minister confirm that there have been 8,790 arrivals so far this year? According to the Government, that is a 34% increase on last year, and 13% higher than in 2022. Can he explain how the deterrent is working?

So nervous are the Government, and so worried about the ineffectiveness of their own policy, we learned today that they have announced that they will stop publishing the numbers on preventing crossings as a result of collaboration with the French. Can the Minister explain why?

As the noble Lord, Lord German, pointed out very effectively, the current backlog since the Illegal Migration Act became law is 52,000, according to government figures. The overall backlog, according to the right reverend Prelate, is some 90,000. We have a huge number of asylum seekers in the current system who do not have a clue what will happen to them and no idea how the Government’s plan will work. The vast majority are either lost, or in asylum accommodation or hotels. Can the Minister tell us exactly how many of those 52,000 people the Government are able to locate? On the larger figure of 90,000, can he confirm that the Government know where all those people are?

Can the Minister tell us how many asylum seekers the Government are currently planning to send to Rwanda? What is the actual figure? How many of these are currently detained? How many flights are planned, and when can we expect planes to take off? The numbers are dire, as I and other noble Lords have said.

The Government’s plans to deal with the situation are in disarray. Some say, including us, that the plans are not working and will not work, at a cost of hundreds of millions of pounds. As I have said to the Government in this Chamber many times, all of us want to stop the boats: we just fundamentally disagree on how to do it. There is also considerable confusion, as pointed out by the noble Lord, Lord German, the noble Baroness, Lady Hamwee, the right reverend Prelate and, for different reasons, the noble Lord, Lord Rogan. There is complete confusion about what the Government’s policy is. I say to the Minister that there is an opportunity today to clarify the numbers and to say what will take place, which parts of the policy are working and what the Government are going to do.

As we have said time and again, of course we need to boost the UK’s border security. We will do that with a new cross-border police unit to smash the smuggler gangs, and work with enforcement agencies across Europe to go after the gangs upstream and stop boats arriving at the French coast in the first place. Above all, we will fix the chaos in the asylum system, clear the costly backlog, end hotel use, save the taxpayer billions of pounds and introduce a new unit to swiftly remove thousands more people with no right to be here.

If the system is not in chaos, can the Minister define for the Chamber what chaos is? What most of us see is asylum seekers coming to this country, none of them being detained, many being lost and the Government having no idea what to do with many of them. The Government keep going on about Rwanda, saying that that will sort this out because it will act as a deterrent, yet the figures show that the complete opposite is happening.

Finally, can the Minister explain to noble Lords from all sides, and Members in the other place, why the Government are obsessed with Rwanda, when actually what would work is a basically competent policy that deals with the issue in front of us, rather than the pursuit of Rwanda, which seems to be the end goal that the Government have for everything?

Rural Crime

Lord Coaker Excerpts

Thursday 9th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Again, the noble Lord makes some very good points. As he will be aware, operational decisions are taken locally, so that is a matter for chief constables in conversation and association with their police and crime commissioners. But plenty of national resources are available, as I have already highlighted.

[Lord Coaker (Lab)]

My Lords, notwithstanding the figures that the Minister just gave us, the National Farmers’ Union Mutual says that 80% of its members have reported disruption from crime in their areas. One specific ask from the National Farmers’ Union Mutual is for improved protection to be given by extending the Equipment Theft (Prevention) Act to include GPS theft from farmed vehicles. Will the Government consider doing that as a matter of urgency?

[Lord Sharpe of Epsom (Con)]

That is a very good point. We still have to commence the Equipment Theft (Prevention) Act, as he knows, and a call for evidence went out last summer seeking views on the secondary legislation, as required. That would be the appropriate place for making these points and discussing this. It has been targeted at agricultural and construction sectors—manufacturers, dealers, retailers and so on. I wait to see what the results of that call for evidence deliver, but I think the noble Lord makes a very good point—and, going back to the story about Kent that I referenced earlier, it was because of a GPS tracker that these people were caught.

Family Reunion Visas: Gaza

Lord Coaker Excerpts

Wednesday 24th April 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I take the noble Baroness’s point—but, as I say, we keep all existing pathways in response to events under review.

[Lord Coaker (Lab)]

I join the noble and learned Baroness, Lady Butler-Sloss, in the tribute that she made to our noble friend Frank Field—I am sure that we all join with that.

Judicial review has found that the family of a Palestinian refugee can apply for a visa without the use of biometrics. The Home Office has said that it is complying with that, so can the Minister outline to the Chamber how it is complying, and whether that applies to all those who should seek a visa application from Gaza?

[Lord Sharpe of Epsom (Con)]

The noble Lord asks an important question. The judgment was handed down a couple of weeks ago; obviously, we have received the outcome and officials will provide advice very shortly to Ministers on how it will impact ongoing and future operations.