Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022
Lord Coaker Excerpts(2 years, 1 month ago)
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Lord Paddick (LD)
My Lords, I congratulate the Minister on his elevation to Home Office Minister. If it were me, I would also be thinking, “Oh goodness, what have I done?”, but I am sure he will be excellent in his new role. I thank him for explaining this order. As when we considered the primary legislation that lies behind this order, clearly we are supportive of the changes in the legislation. We know from the tragedy at Fishmongers’ Hall how the risk posed by offenders on licence is an inexact science. These additional powers for the police to stop and search people on licence on the recommendation of the Parole Board are an important tool in trying to manage that risk and act as a deterrent to those on licence from carrying out the sort of appalling attacks that we saw at Fishmongers’ Hall.
As the Minister explained, the order is about the revised code of practice, which is quite a lengthy document. We are here to hold the Government to account for, in this case, the changes that have been made to the extensive code of practice. I understand the issues around the change in the legislation and Section 43C but, as the Explanatory Memorandum and the Minister have explained, a series of other amendments have been made to the code. The Explanatory Memorandum says that these “include”, and then gives a list of those changes, as the Minister explained. It would be extremely helpful to have a “track changes” copy of the code of practice so that we could see exactly what the changes are to the revised code of practice. Although the changes to incorporate the new Section 43C are fairly obvious, as I say, the others are difficult to find in among the code of practice. However, this is an important step forward in terms of giving these additional powers to the police for those who may pose a risk after they have been released from prison, and it is important for the police to have a code of practice to go with those changes. Having said that, we are supportive of the order.
Lord Coaker (Lab)
I congratulate the noble Lord, Lord Sharpe, on his promotion and wish him well in his task—not too well, perhaps, but pretty well. But seriously, I know that he will be diligent in the execution of his duties and will work with his usual co-operative manner.
We too support what is obviously a very sensible and necessary step forward by the Government. I have a couple of questions that I want to ask. The Fishmongers’ Hall attack clearly highlighted some problems, which the independent reviewer took up and made recommendations about. It is good that the Government have reacted and responded to that. Along with the noble Lord, Lord Paddick, we support what they are doing here.
The order is called the Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022. It revises the code of practice with respect to those three, yet its extent is to the whole of the UK, which includes Northern Ireland. I do not quite understand how a code that relates to three parts of the UK extends to all four. You would expect the title to refer to England, Wales, Scotland and Northern Ireland.
We all appreciate the sensitivity in Northern Ireland, but can the Minister explain how a British order, which does not include Northern Ireland, extends to the whole of the UK, as in the notes? If there has been widespread consultation, does that include Northern Ireland and who has it been with, notwithstanding that the Northern Ireland Assembly has not been sitting? I just do not understand the process or how that works. I am sure there is a very simple reason laid out by somebody, but I cannot find it. I do not understand this, but it is laid out in the order.
The Explanatory Memorandum says that this new power can be used with a convicted terrorist who is released on licence, provided that a search power is included in the licence. Can the Minister explain for all our benefit in what circumstances a terrorist released from prison would not have a search power included in their licence? If that were the case, what power would a police officer or whoever else have with respect to a potential terrorist?
One would assume—the noble Lord, Lord Paddick, would know better than me—that if a police officer thought a terrorist act was about to be committed, they would have a power to try to do something about that. If that is the case, why would you have a new power included in the Act? In other words, what is the purpose of including the search power in the Act and in what circumstances would you not have that anyway? That would be interesting to know.
Can the Minister say a little more about the thresholds? It seems to me that in most cases, and particularly in Section 43C, we are talking about powers to search without suspicion. What are the thresholds for that? Is that where the officer has a belief that a terrorist act is going to be committed, even though they have no grounds for that? How does that happen?
As the noble Lord, Lord Paddick, quite rightly said, there are a number of changes. The Government talk about minor changes being made, but it is very difficult to understand what those changes are and to track them through. For example, the Minister said that there are examples in the code of what a police officer can or cannot do with respect to clothing or in a public place. Is this the same or has that changed as a result of the new power that this secondary legislation gives to police officers? Is there any change in relation to who can carry out the search—for example, a female officer searching a male terrorist, or the other way around?
The Minister talked about children and this applying to children under 18. Is there a lower age limit? What do we mean by children? I understand that children means those under 18, but is there a lower limit or does this apply to anybody, irrespective of age, who a police officer believes may be about to commit a terrorist act?
As the noble Lord, Lord Paddick, said, the questions we have laid out are important because public confidence, particularly in the use of stop and search without suspicion, is of real importance. I would be keen to hear what steps the Government have taken to ensure that public confidence has been and will be sought in some of these situations. One can imagine the difficulty for the police operating in communities where this power might be used and the sensitivity of it.
Lord Sharpe of Epsom (Con)
My Lords, first, I thank both noble Lords for their warm welcome; I hope that we continue to operate in total agreement.
Lord Sharpe of Epsom (Con)
I am not sure about that either, but we will try.
On the specific points that both noble Lords raised, to the noble Lord, Lord Paddick, we will be happy to provide a tracked change version as he requested, and I will make sure he gets that as soon as possible. That was the easy question.
Moving to the questions of the noble Lord, Lord Coaker, I shall try to deal with them in order. He asked about the extent of the code of practice and why it is confined to Great Britain. A separate code exists for stop and search powers under the Terrorism Act in Northern Ireland—a fact that the noble Lord alluded to. The Northern Ireland Office is responsible for that. We continue to work with colleagues there and offer them support in updating their equivalent code in Northern Ireland, which they have advised is likely to happen next year.
Lord Coaker (Lab)
I just ask, because this is a very important point. The new power exists with respect to Northern Ireland, but the code of practice under which it operates is separate, legislated for under a different Act and in a different way. Is that correct—the power is a new power to be extended to Northern Ireland?
Lord Sharpe of Epsom (Con)
As I understand it, it could be extended to Northern Ireland, but the Northern Ireland Office is, of course, responsible for the application of such things in Northern Ireland. I may not be entirely correct on that, so I will come back to the noble Lord if I am not.
Lord Coaker (Lab)
I am sorry to labour this point, but it is so important. I may be wrong, but I understood the Minister to be saying that a different code of practice applies to Northern Ireland, hence this is called a code of practice for England, Scotland and Wales—in other words, Britain. For Northern Ireland, there is a separate code of practice. Given that the new power extends to the whole of the UK, one presumes that the police and others in Northern Ireland will have the ability to stop and search without reasonable suspicion a terrorist out on licence, where that is part of their licence. Is that the case or not?
Lord Sharpe of Epsom (Con)
To clarify—I think this does—the new search power applies UK-wide, but there are two separate codes. Does that make sense?
Lord Coaker (Lab)
That makes absolute sense. It is not what I understood the Minister to say in the first place, but I was just trying to clarify that. If I had realised that, I would have made different remarks, because it is a quite interesting extension of power with respect to Northern Ireland, for obvious reasons.
Lord Sharpe of Epsom (Con)
Understood. The noble Lord asked me how it is determined who qualifies under the new code. To go back to the point I made in my opening remarks, in most cases the Parole Board determines whether it is appropriate for the offender, when released, to have their licensing condition expressed as a part of the conditions of their release. Its assessment is based on a contemporary assessment of the offender’s risk profile, including whether they are judged to represent a high or very high risk to the public.
How is it determined which terrorist offenders should have licence conditions permitting the search imposed on them? As I say, it is imposed on offenders convicted of terrorism or a terrorism-connected offence and assessed as posing a high or very high risk of serious harm. In those cases, it may be imposed where there is a concern that the offender may carry a weapon or to provide an additional protection for staff—for example, where they are subject to polygraph testing, a search can be carried out prior to the examination for the safety of the examiner. I hope that clarifies that.
The noble Lord, Lord Coaker, asked about the sex of the searching officer. The answer to his specific question is no: a same-sex officer is not required unless the individual being searched requests one. The noble Lord also referenced the data that is collected. I can assure him that it will be extensive. He asked about age as well. I will come back to him on that; I do not have a specific answer. The notes I have deal only with the 18 year-old point.
In closing, I reiterate that this order provides for alterations that the Government have made to the code of practice for the exercise of search powers conferred by the Terrorism Act 2000 to be brought into force. I think I have covered the rest of the information requested, and as such I commend this order to the Committee.
Slavery and Human Trafficking (Definition of Victim) Regulations 2022
Lord Coaker Excerpts(2 years, 4 months ago)
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Lord Coaker
At end insert “but this House regrets that the draft Regulations have not been subject to consultation, and give rise to concerns that the changes will narrow the ability of victims to be identified and to access support”.
Lord Coaker (Lab)
My Lords, this amendment stems from the regulations needed following the passage of Section 69 of the Nationality and Borders Act. Given the controversy around that Act, and the general criticism of the inclusion of Part 5, which dealt with modern slavery in an immigration Bill, you would have thought the Government would have been especially careful around the definitions to be left to secondary legislation—but indeed not.
The Delegated Powers and Regulatory Reform Committee warned the Government:
“One thing which is noticeable about the power conferred by clause 68(1)—
now Section 69(1)—
“is the absence of any express link to Article 4 of ECAT or Article 4 of the ECHR. The power is simply a power to define the terms in regulations without limiting in any way the provision which may be contained in the regulations. We consider this to be inappropriate. The policy is for the definitions of the terms ‘victim of human trafficking’ and ‘victim of slavery’ to reflect the provisions of Article 4 of ECAT and Article 4 of the ECHR.”
The committee was saying to the Government that they needed to be extremely careful, given the powers being given to Ministers through secondary legislation, rather than in the Bill, to ensure that the definitions were extremely well thought through and had the support of those who worked with them.
The Government say that there is broad agreement. I thank the Minister for her introduction, but perhaps she can explain why, if there is broad agreement, on 15 June in a letter to Dame Diana Johnson MP, who is chair of the Home Affairs Select Committee, 39 separate organisations wrote saying: “There has been no formal consultation about these regulations, despite the existence of established stakeholder groups, and we are concerned that the definitions are incompatible with international law and that they narrow the definitions and therefore scope for identification of victims”. That does not sound to me like broad agreement. Those organisations include ECPAT, the Anti Trafficking and Labour Exploitation Unit, Hope for Justice, Slave-Free Alliance, Focus on Labour Exploitation, the Helen Bamber Foundation, Unseen, the Refugee Council and the Scottish Refugee Council, and the Children’s Rights Alliance for England. The list goes on; 39 separate organisations wrote saying that they were unhappy with the consultation and what was going on. Why are they all wrong and the Government right? Given the sensitivity we had during the passage of the Nationality and Borders Bill, surely the Government should have gone out of their way to make sure that the sector was happy with what was going on. We would not then have the situation where I felt it necessary to bring this amendment before your Lordships.
It is not just these 39 organisations; in contrast to what the Minister said, the Secondary Legislation Scrutiny Committee tells us that
“The Home Office confirmed that, while they did hold a number of talks”—
the Minister outlined these for us—
“with stakeholders including the Victim Support Modern Slavery Strategy Implementation Group and various police, immigration and enforcement authorities, it was about the principles and objectives of these definitions”.
In bold, the report goes on to say:
“the specific wording proposed was not available to them. Neither was any material with the proposed definition available to people outside that stakeholder group.”
So, if the Home Office—the noble Baroness and her colleagues—is concerned to ensure that the sector agrees with the definitions that the Government are bringing forward, given the controversy around the Act, why was no wording shared?
There is a world of difference between a consultation that brings a few people together to have a discussion about what may not happen and laying before a group of people the proposed wording that you will use in the definitions, and then saying, “Does this meet the thresholds that you think are important?” That clearly did not happen, which is why I am bringing this amendment: it is partly about the lack of consultation. No wonder there is debate about the wording—they were not consulted about it. Could the Minister say exactly why?
With respect to Article 4 of ECAT, further criticisms are that, as the Secondary Legislation Scrutiny Committee says, the debate is not helped by supporting documentation from the Home Office describing the regulations as being “compatible with”, “aligning with”, “reflecting” and so on. As I say, no wonder there is concern.
The Home Office’s inability to properly consult and create that broad consensus looks an ever more serious error, particularly when it is confirmed, as I say, by the noble Baroness and Rachel Maclean, the Minister in the other place, that
“We have not mirrored the convention word for word”.—[Official Report, Commons, Sixth Delegated Legislation Committee, 29/6/22; col. 4.]
That is the very point that petitions from front-line professionals have raised: this is a cause for concern and will lead to confusion and uncertainty. If you are not going to mirror a convention absolutely word for word, it becomes even more vital that you consult on the actual words that the Government propose to use.
As we know, the national referral mechanism is crucial. When considering whether someone is a victim of modern slavery, the process needs to open up access to support and services for those who are confirmed to be so. The consequences of incorrect processes are immense—they frighten people away from engaging in the formal state system, which is already happening with the huge rise in the figures for the duty to notify through the national referral mechanism. People are too scared to be formally referred, so the first responder has to send a duty to notify—why has this happened?
But these regulations, albeit perhaps unintentionally, narrow the definition of a victim, depart from international standards and provide insufficient distinction between adults and children. I will give a couple of specific, practical and concrete examples of how the regulations have narrowed the definition—I will take some time on this because it is really important. As I say, Regulation 2(2)(a), which deals with the identification of a victim of slavery, raises the threshold for this: the language has been increasingly strengthened from Section 1 of the Modern Slavery Act, which talks about identification. I say again that I am not a lawyer but someone who uses simple language. Section 1 says:
“In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances … For example, regard may be had … to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons”.
This is from 2015—it says, “may make”.
Lord Coaker (Lab)
The noble Baroness certainly did not bore people. That was an interesting exposition of the Government’s position, which could lead us to a full debate, particularly around what “consent to exploitation” means for children.
I start by apologising to the House for not declaring at the beginning my interests as outlined in the register: my position as an honorary research fellow at the Rights Lab at the University of Nottingham and as a trustee of the Human Trafficking Foundation. I apologise for that; I forgot.
On the serious points we are raising, I was interested when the noble Baroness seemed to concede that there may be a problem with these regulations: she said, “Of course, we will keep things under review”. I know that Governments always say that they will keep things under review, but not normally while they are passing something—it is usually said soon after. It is important that the Government keep this under review, but that is not the point. The point is that we are passing defective regulations that do not meet certain criteria and do not clearly explain definitions that will have serious consequences for identifying potential and actual victims of human trafficking and modern slavery.
It is all very well to keep regulations under review—we welcome that—but these regulations are defective, and they are a significant change from what went before. Again, I use the example, as used by other noble Lords, of the inclusion of the words “significantly impair”. We have one of the most premier judges we have had in this country telling us that “significantly impair” will make a significant difference in the courts and in any process. I thank the noble and learned Baroness, Lady Butler-Sloss, for that, as I thank the noble Lords, Lord Alton and Lord Paddick, for their support and their remarks. All the Government can turn around and say to that is, “No, it doesn’t”. That is not an argument; that is not a clarification. That is blind refusal to address a very real problem being put to them by one of the most eminent legal minds we have had in this country in decades. The Government’s response is to say, “No, it isn’t”—what sort of response is that? That is ridiculous; it means that we are passing legislation that is defective, will not work and, as I say, is a significant difference from what went before. We welcome the review that the noble Baroness said the Government will carry out, but it is not good enough.
Going back to a point that was made before, the Government said that they adequately consulted. They said, “This happened, that happened and we spoke to people”. That is not the same as consultation. I say to your Lordships’ House that having a general chat with people is not the same as putting before them the actual regulations and the wording you intend to use for all of those trafficking organisations and bodies to look at the definition and say to the Government, “We think you’ve got that wrong; it will not deliver what you want”.
I know that the Government’s intention is to tackle modern slavery—no one is saying that they are not going to do it. However, what I am saying to the Government and what my regret amendment seeks to say to your Lordships’ House—and, I hope, gain its support—is that the regulations are defective and will not allow the Government to fulfil their own intent. Surely the sensible thing to do would be to review the regulations: to withdraw them and look at them again to address the very serious points made.
Thirty-nine bodies have told the Government that the regulations in their current form are far too narrow and therefore incompatible with international law. The Government’s response is to say, “You’re wrong”. That is not consultation or working with the sector to identify how you move forward to build a consensus. It is simply saying, “We know best and, frankly, we don’t really care what you say”. It has to stop. The Government should withdraw these regulations and I ask your Lordships to support my amendment. I wish to test the opinion of the House.
Extradition Act 2003
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Baroness Williams of Trafford (Con)
My noble friend will know that we regularly review legislation and, as I have just said to the noble Lord, Lord Paddick, there were reviews in both 2011 and 2015 into our arrangements. I say to him and the House that a prima facie requirement has not existed for over 30 years for any other Part 1 countries—namely, the EU member states—or the Part 2 European Convention on Extradition countries. For the Five Eyes countries in Part 2, it has not existed for nearly 20 years.
Lord Coaker (Lab)
My Lords, I thank the Minister for answering what is a really important Question and for confirming, as I understand it, that the Government have no plans to amend the Extradition Act 2003. Can the Minister say a little more about what impact leaving the European arrest warrant has had on the numbers of criminals either extradited or subject to possible extradition in the last 18 months—or, indeed, in the months and years to come?
Baroness Williams of Trafford (Con)
The noble Lord will of course know that 2021, last year, was far from business as usual, given the context of the pandemic, which impacted both the courts and international travel on both sides. As anticipated, the calendar year figures for 2021, which are now out, show a reduction in volumes in relation to arrests in the UK on incoming extradition warrants from the EU, surrenders from the UK to the EU, and outgoing requests made by the UK. However, if noble Lords look at the financial year figures, which run for an extra three months until March of this year, it reveals an improving picture: the total number of arrests on incoming warrants from the EU was directly comparable to the previous financial year, and surrenders on incoming warrants were, in fact, up by 30%.
Metropolitan Police Service
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Lord Coaker (Lab)
My Lords, it is dreadful to have to start another Statement response in this House recognising a victim of male violence against women and girls. All our thoughts are with the family, friends and loved ones of Zara Aleena. It shows again how desperately needed is the action the Government are proposing to tackle violence against women and girls and to identify, stop and prosecute perpetrators.
It is usual to thank the Minister for repeating a Statement to the House. I am of course grateful to her, but I have to raise a concern. The copy of the Statement shared with us at 1.33 pm today, and with Front-Bench colleagues in the other place, was not the same as the Statement delivered by the Minister for Crime and Policing. The Statement delivered, as we have just heard from the Minister, included a number of political gibes, spaced throughout from the very beginning, which had not been included in the shared copy of the text. As the Minister knows, I have the highest regard for her and know that she would not be so discourteous to us, but it cannot be right to share with us a Statement as important as this which excludes some of the things she has had to repeat to noble Lords. It is just not the right way to do things.
It is really disappointing that, on a subject as serious and frankly disturbing as this, the Home Secretary, presumably, and a Home Office Minister—not the noble Baroness—thought it acceptable to provide noble Lords and Parliament with an incomplete copy of the Statement and then, between the time we received it and the time it was delivered, to spend time thinking of a few political digs to add in rather than focusing on what we all must do. We all have our parts to play in acknowledging and repairing the problems that exist.
I am the son of a Metropolitan Police officer of 30 years, so it is really depressing to read the HMICFRS report on the Metropolitan Police and its being placed into special measures. It is also depressing for the tens of thousands of London officers and officers around the country who do their duty and serve with bravery and distinction, including many police officers around this Parliament who protect us. They, alongside victims and the public, are being failed.
Last year we had the report of the Daniel Morgan Independent Panel, following Daniel’s murder and the police corruption which prevented justice being served. It found:
“In failing to acknowledge its many failings over the 34 years since the murder of Daniel Morgan, the Metropolitan Police’s first objective was to protect itself.”
Think about that for a moment, alongside the abduction and murder of Sarah Everard by a serving police officer who used his badge of office to deceive her; the behaviour of officers in the case of sisters Bibaa Henry and Nicole Smallman; the failings of officers in the Stephen Port case; the strip-search of Child Q and other children —how many others have now been reported to the Independent Police Complaints Commission, as we read in the papers that perhaps a further eight have been reported to the Police Ombudsman?—the stop and search of Bianca Williams, with her and her partner being handcuffed and separated from their son as part of their ordeal; and Met officers at Charing Cross station using a WhatsApp group to share racist jokes and joke about raping and beating women.
The list goes on. But it cannot go on; it has to stop. It fails the vast majority of decent police officers as well as the confidence and trust of the public. As Members of both Houses, members of the public and victims’ families have been saying for years, all these are symptomatic of deep and disturbing problems in the culture of the Metropolitan Police. When will it change? We also learn from this recent inspection, as the Minister told us, that 999 call response times have not been met, that 69,000 crimes were not even logged and that there is a failure even to tackle anti-social behaviour. Is it any wonder that public trust and confidence are undermined in what should be and is one of our great institutions?
We are in a situation where some people in some communities in London are losing, or have lost, faith in their local police services to protect them. How will the fact that the Met Police has been placed in special measures work to restore their confidence? How will the public be reassured? What is the plan that will be produced? How will it be monitored and reported to us, so we know progress is being made?
With the scale of the cultural change needed, I say regretfully that the Statement the Minister was asked to repeat needs a greater sense of urgency and a greater sense of when changes will happen. The key concrete measures included in the Statement are already announced inquiries, which are welcome but will take time. When will they report? Why will they make a difference when others have not?
The Statement says reports of strip-searches being used on children are,
“deeply concerning and need to be addressed comprehensively”
but what action is being taken to do so? Why has there been a failure so far to bring forward new guidance on strip-searches, which for months we have been calling for? Can the Minister give an update on work to introduce a police duty of candour, which Members of this House voted for as part of the Police, Crime, Sentencing and Courts Act?
Too many victims have been, and are being, let down across the country. There has been a significant increase in the number of cases collapsing because a victim drops out. Why is the victims Bill, which has been promised for years, still only in draft form, and not yet on the statute book?
Can the Minister tell us more about the changes that will be made to training and support for officers? Does she recognise that there is a problem in the ratio of supervising officers to police constables in the Metropolitan Police? There is an issue there with inexperienced officers not having the support and supervision they need, and although the Government are now increasing officer numbers, that does not solve the problem of the loss of thousands of officers with years of experience. How will that be addressed?
Policing in this country depends on public trust; it is policing by consent. That trust has been eroded and will continue to be withdrawn by those who have experienced and witnessed some of the shocking examples of police behaviour that we have discussed today. The Home Secretary has to answer these concerns, speak to victims and drive up standards in policing across the country. This report is yet another wake-up call, and this time it needs to be heard.
Lord Paddick (LD)
My Lords, I thank the noble Baroness for repeating the Statement made by another Minister in the other place.
The letter from Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to the Acting Commissioner of the Metropolitan Police, Sir Stephen House, apparently contains a catalogue of failings. These include not only the misogyny, racism and homophobia characterised by the tragic murder of Sarah Everard; the failings in the tragic murders of Bibaa Henry and Nicole Smallman, including the sharing of selfies taken with their dead bodies; the revolting messages shared on a Charing Cross police station WhatsApp group; and the failings in relation to the murders of Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor, written off as self-administered drug overdoses instead of the actions of a serial killer because they were gay men, but also the failings in day-to-day policing.
Besides theses high-profile cases, can the Minister confirm an estimated 69,000 crimes are going unrecorded each year, less than half of crime recorded within 24 hours, and virtually none recorded when anti-social behaviour is reported? If not, why does the Minister not have the content of the HMIC letter? Besides the strip-search of a schoolgirl because it was thought she smelt of cannabis, and the high-profile, controversial stop and searches—such as that of a champion athlete—can the Minister confirm that, in 25% of stop and searches, officers failed to record the grounds for the search in sufficient detail to enable an independent judgment to be made as to whether reasonable grounds existed?
And this Government want to give the police more powers, including those for the police to conduct stop and search without having to have any reasonable grounds. Can the Minister explain why this is, when they cannot be trusted with the powers they already have—powers the police have not even asked for?
In the HMICFRS inspection after the Daniel Morgan report, HMICFRS concluded that the Metropolitan Police’s approach to tackling corruption was not fit for purpose. I was a Metropolitan Police officer for over 30 years, and I am appalled by the litany of failings identified by HMICFRS. I am angry that so many honest, decent police officers have been failed by a minority of their colleagues, but mainly by their chief officers who have not addressed these failings.
I do not accept the view that the majority of police officers do not want to do the right thing, but I also do not deny the lived experience of black people and women in particular at the hands of the police. I accept that, without effective leadership which challenges racism, sexism, homophobia and other forms of corruption, it becomes more difficult for good officers to do the right thing. I also accept that, without adequate resources, it is more difficult for decent, honest, hard-working police officers to provide the service they want to provide —the service the public deserve.
The Home Secretary faces a dilemma. The Metropolitan Police Service needs a brave, courageous leader who is prepared to speak out, tell the truth and bring about seismic change in the service—just the sort of person the Home Secretary does not want. It needs someone who is going to make it difficult for her and the Government when they expose the true nature and extent of the Met’s shortcomings, and when they speak out when the Home Secretary and the Government fail to give them the backing they need in order to succeed.
Neil Basu, for example, currently the most senior serving Asian officer, has been a champion of diversity and has an outstanding track record, but he failed to be appointed as the new head of the National Crime Agency despite being on a shortlist of two, both of whom were rejected by the Home Secretary. Why?
The last-minute, no-notice political attack on the Mayor of London by the Minister in the other place was disgraceful. If anything, does this not show the ineffectiveness of the system of police and crime commissioners? It should be noted that, of the six forces in special measures, four have Conservative PCCs, and the two others have directly elected mayors.
The Metropolitan Police Service does not need another commissioner who promises not to rock the boat, who goes along with cuts in police resources that impact on operational effectiveness, and who does not stand up to the Home Secretary and the Government. Decent, honest, hard-working police officers deserve better. When will the Government appoint the right person, with the right backing, to turn this appalling situation around?
Spousal Visas: Processing Times
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Baroness Williams of Trafford (Con)
I concur with the noble Baroness that we will not lose sight of that, but what we will also not lose sight of is that in many instances it is life or death for the Ukrainian people. I totally appreciate that other people are having to wait, and we are going to return to normal processing as soon as we can in due course.
Lord Coaker (Lab)
My Lords, we agree with the prioritisation with respect to Ukraine, but the fact of the matter is that, whether it is passports, asylum applications or, now, spousal visas, the story at the Home Office is backlog after backlog after backlog. The Government’s response is to say that over the next few months they will come forward with plans for reductions of 10% in staff. What does the Home Office say to those people waiting for spousal visas, separated from their partners for six months at a time? What does it say to those people waiting for spousal visas who have given up their jobs on the basis that they expect to get them? It is not good enough. Prioritise Ukraine, but not at the expense of everything else.
Baroness Williams of Trafford (Con)
The noble Lord has neatly gone on to passports. Across March, April and May, HMPO processed approximately 3 million passport applications, with 98.5% of those processed within the published processing time of up to 10 weeks, and 91% processed within six weeks. It was not a backlog; it was the sheer volume of processing that needed to be done. In terms of workforce reductions, I have made the point before that every organisation should look at becoming leaner and more efficient. That certainly will not be to the detriment of any of the HMPO or processing surges that we see at the moment, where we expect to have the appropriate number of staff for processing.
Civil Servants: Reduction in Numbers
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Baroness Williams of Trafford (Con)
I must confess to the noble Baroness that I do not have an up-to-date position on that; I will write to her.
Lord Coaker (Lab)
Is the Minister telling the House that, contrary to the experience of the vast majority of people in this country, including people I know, there is no delay in getting passports or in the visa and asylum-seeking system, and that the Government’s answer to this situation is to cut staff numbers by 10%? How on earth is that going to help? Will the Minister confirm that, actually, many people are waiting an inordinate amount of time for their passports? The last thing the visa and immigration system needs is more staff cuts.
Baroness Williams of Trafford (Con)
I repeat that the areas that need more resource will be provided with it, and the figures I gave on passports within 10 weeks and driving licences are absolutely correct. However, there has to be recognition that new ways of working demand that we look at our workforce and decide how it is best served to deliver for that organisation—for example, in the area of automation.
Migration and Economic Development Partnership with Rwanda
Lord Coaker Excerpts(2 years, 5 months ago)
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Lord Coaker (Lab)
My Lords, I thank the Minister for repeating the Statement. However, I am afraid that the Statement, and the words of the Home Secretary in the House of Commons earlier today, failed to answer any of the serious questions about this shocking policy.
The Home Secretary refused to give any transparency at all to the taxpayer or Parliament around how much taxpayers’ money is being spent. She refused to answer questions about whether those intended for yesterday’s failed flight included victims of torture or trafficking or people who have fled Afghanistan. The Home Secretary has also refused to confirm her support for the European Convention on Human Rights, which Britain helped to draft and proudly ratified decades ago.
Yesterday, on the day when Ministers were insisting that a flight with fewer than seven asylum seekers would take off, come what may, over 400 people risked their lives to cross the channel. We need serious co-operation with our close neighbours in France to take action on the border, and dedicated action against criminal gangs. There is one suggestion for the Minister.
This is not, and never has been, a serious policy or a genuine attempt to get to grips with either of these very real issues. Can the Minister confirm that victims of torture were originally identified to be on yesterday’s flight, and that the Home Secretary was aware of that? What screening processes are in place before people are identified for offshoring, including age assessments to prevent children being put on a flight? Can the Minister confirm that a number of people who were due to be on the flight were removed by the Home Office itself because officials knew that there were problems with the cases?
The Home Secretary has made it clear that she considers those fleeing Afghanistan and Ukraine deserving of asylum in the UK. Can the Minister confirm that it is true that yesterday’s flight was due to include people who have fled to the UK from Afghanistan? Can she give a guarantee that no person who has fled from Ukraine will be deported by this Government to Rwanda? The Government have failed to do that when asked previously. For those fleeing persecution and danger in Syria, Iran and Iraq, what safe and legal routes are available for them to access? How many people have we taken from those countries in the past year?
On cost and the use of taxpayers’ money, the Permanent Secretary refused to sign the policy off because of a lack of evidence that it is value for money. Has any evidence been found, or are officials still telling Ministers that there is no evidence at all that this will work? The Home Secretary has written a £120 million cheque for this policy before it has even started and paid out more than £500,000 for a flight that did not take off. She has refused to answer any questions or give figures for the additional payments that have been promised. How much was Rwanda promised for each of the people who were due to be on yesterday’s flight? Why will the Government not share those numbers clearly with us and the taxpayer?
Of course, we need action to tackle dangerous criminal gangs. Of course, a Government have a right to police their borders. However, Ministers know, and ought to be honest, that this policy will not achieve that. If that was a key objective of the Government’s decisions, it would not be the case that the National Crime Agency, whose job it is to target criminal gangs, has been asked to draw up 20% staff cuts. There is another idea for the Minister. In answer to MPs, the Home Secretary denied that she has asked the National Crime Agency to make any cuts. Can the Minister confirm that that is the case, and that government policy is that the NCA will not be asked to make any cuts?
Earlier, the Home Secretary herself said that, on this Government’s watch, asylum costs “are soaring”. Under the current leadership, the number of basic decisions taken by our asylum system has collapsed from 28,000 a year to just 14,000 a year. There is another example of a policy that the Minister could adopt: sorting that out. Why are the Government not dealing with the failures in our system to operate the basic necessities rather than paying a country thousands of miles away to take these decisions for us? How shameful does that make us look around the world?
Can the Minister confirm it is true that the Government are seriously looking to change the law and even leave the European Convention on Human Rights, which the court interprets? We helped to set it up in 1950. We were proud of it, as was every subsequent Prime Minister. Is that what this has come to—saying that we will get rid of the European Convention on Human Rights because we do not like it any more?
Lastly, is this really the image of our country that we want beamed across the world: deportation flights from a guarded RAF base because the policy is so unpopular? There is a better way, with a policy based on humanity and the values that this country holds dear. That is what we should be doing.
Lord Paddick (LD)
My Lords, I thank the Minister for repeating the Statement.
The Home Secretary began her Statement by saying:
“The British people have repeatedly voted for controlled immigration”.
This Government have dramatically increased immigration into this country, allowing visa-free entry from even more countries while retaining visa-free entry for those from the European Union. The National Audit Office estimates that between 600,000 and 1.2 million illegal immigrants are in the UK. In 2010, there were more than 10,000 removals of those illegally in the UK; in 2021, it was 113. Why are the Government increasing immigration and reducing removals?
The Home Secretary talked about “intolerable pressure” being placed on public services. In 2019, the Government allowed 680,000 economic migrants and foreign students into the country, while the number claiming asylum in the same year was 41,700. Only 6% of all long-term international migrants in 2019 were asylum seekers. How much pressure are asylum seekers placing on the system compared with other migrants?
The Home Secretary said that she welcomed the decision of domestic courts and blamed the European Court of Human Rights for grounding the flight to Rwanda. Reportedly, 130 asylum seekers were issued with notice of removal to Rwanda and the European Court of Human Rights removed three asylum seekers from the plane. Yet the Home Secretary seeks to blame a European judge in Strasbourg. How many asylum seekers won their cases in domestic courts?
The Home Secretary talked about it costing £5 million a day to house asylum seekers. The Rwandan authorities say that it will cost about the same to house a refugee in Rwanda as it does in the UK. Why are the costs so high? It is because since Priti Patel became Home Secretary, the number awaiting a decision on their asylum application, unable to work and reliant on the state has trebled. What will the cost be for those removed to Rwanda compared with those who stay in the UK?
The Home Secretary said that Rwanda was being terribly misrepresented, that it was in fact a safe and secure country with an outstanding record when it comes to supporting asylum seekers, and that those removed to Rwanda will be given generous support, language training, and help to find jobs and to set up their own businesses. Leaving aside a dozen asylum seekers reportedly having been shot when they protested about conditions in Rwanda, if Rwanda is such a desirable location, how is threatening to remove asylum seekers, and only some asylum seekers, to Rwanda, supposed to deter those crossing the channel?
Some 75% of the people affected by this Government’s policy of deporting asylum seekers, based on those crossing the channel whose claims are processed in the UK, are genuine seekers of sanctuary who have the right to settle in the UK under the UN refugee convention. They are vulnerable and traumatised. They are likely to include victims of modern slavery and victims of torture, who are unlikely to reveal the extent of their trauma on arrival in the UK. They are likely to be further traumatised by being removed to Rwanda. A Rwandan government spokesperson said today on Sky News that Rwanda does not have the facilities to care for these kinds of vulnerable asylum seekers. What will happen to these particularly vulnerable asylum seekers? Will they be returned to the UK and, if so, at what cost, both emotionally to the victims, and to the taxpayer?
The UK must take its fair share of asylum seekers and not export our legal and moral responsibilities to Rwanda. In 2020, the UK had six applications for asylum per 10,000 population, while EU countries on average had 11. In 2002, over 84,000 people claimed asylum in the UK and in 2019 it was less than 36,000. The asylum system is broken because this Government broke it. This immoral, impractical and expensive policy is not the answer.
Asylum Seekers: Removal to Rwanda
Lord Coaker Excerpts(2 years, 5 months ago)
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Lord Coaker (Lab)
My Lords, we are told that the Prince of Wales has called the Rwanda policy “appalling”, and this morning, the Church of England—including esteemed Members of this House—said that it is an “immoral policy” which should shame the UK. Why are they and many others wrong and the Home Secretary right? There were reports that victims of torture were scheduled to be on today’s flight. Is that the case? The Government have even had to put an RAF base on standby today to facilitate a flight of fewer than seven people. What will the cost to the taxpayer be of each person? This policy is unethical, unworkable and expensive, and it flies in the face of British values. Is it not the case that we need safe and legal routes, not a shameful policy of offshoring asylum seekers to Rwanda?
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, before I start, I think this is an appropriate point to remember the victims of the Grenfell fire.
On morality, I do not think it is moral to allow people to stand by and allow people to drown, or to line the pockets of criminal gangs who seek to exploit people trying to cross in small boats. That is why we have safe and legal routes, which have in fact seen over 200,000 people arrive here since 2015. On the cost, I do not think we can put a price on human lives. I think we need to do all we can to deter these perilous journeys across the channel.
Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022
Lord Coaker Excerpts(2 years, 5 months ago)
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Lord Paddick (LD)
My Lords, I thank the Minister for introducing these regulations and I associate myself with her remarks in relation to those affected by the Fishmongers’ Hall incident. One of the most important roles of the state is to protect its citizens from terrorism and we support every provision that can be shown to work in practice in helping to prevent and detect terrorism.
This is yet another stop and search power exercisable by the police. Generally, we are against any expansion of police stop and search powers, on the basis that existing powers are sufficient, because an increased use of stop and search does not generally lead to a reduction in crime and because of the negative impact of stop and search on visible minorities. For example, where the police are required to show suspicion, black people are seven times more likely to be stopped and searched; and where no suspicion is required, black people are 18 times more likely to be stopped and searched than white people. In addition, Home Office research shows that, above moderate levels, increasing stop and search has little or no impact in reducing crime.
However, this power—enabling the police to stop and search an offender released on licence for purposes connected with protecting the public from a risk of terrorism—appears, on the face of things, to be reasonable and proportionate. We have seen from tragic instances in the recent past, such as the terrorist attack at Fishmongers’ Hall in November 2019, that assessing the threat posed by those convicted of terrorism offences is very difficult to determine, and even those who are assessed as no longer a threat to the public and suitable for release under licence can, in reality, pose a threat to the public.
It will mainly be for the Parole Board to determine whether someone should be subject to the new powers as a condition of their licence, but the Explanatory Memorandum, at paragraph 7.2 says, “In most cases” the Parole Board will decide whether somebody should be subject to the new power. Can the Minister explain in what other circumstances someone could be made subject to these stop and search provisions, if that is not made a condition of their licence by the Parole Board?
As the noble Baroness explained, the regulations are not about the power itself—created by the Police, Crime Sentencing and Courts Act 2022 inserting new Section 43C in the Terrorism Act 2000—but are to ensure the requirement on the Secretary of State in Section 47AA of the 2000 Act to prepare a code of practice containing guidance about the exercise of stop and search powers conferred by that Act. That also applies to the new stop and search provision. It seems a bit cart before horse to make the requirement through these regulations and only then to prepare amendments to the code of practice, which will then be laid before Parliament for approval later this year, as the noble Baroness just explained.
All in all, while we support these regulations, in so far as they place a requirement on the Secretary of State to include the new power in the code of practice required by Section 47AA of the Terrorism Act 2000, it seems to be much ado about nothing until we see the revised codes of practice.
Lord Coaker (Lab)
My Lords, I thank the noble Lord, Lord Paddick, and I thank the Minister for her clear and precise introduction to these new regulations. I associate myself with her remarks about remembering the victims of the Fishmongers’ Hall attack.
We also welcome these recommendations and are grateful to the Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, for the review he conducted following the attack. We support these powers, which were added to the PCSC Act. As the noble Baroness knows, we will work with the Government on issues of national security, because there is no difference between any of us in wanting to ensure that our country is safe. So we support this SI which, as the Minister pointed out, is technical and simply ensures that the Secretary of State is required to prepare a code of practice to govern the new stop and search power.
As the noble Lord, Lord Paddick, said, stop and search is an important tool, but is a serious use of the state’s power and so it is vital that it is used proportionately and effectively. We welcome that this power is targeted at terrorist offenders who are out on licence; it will be part of their licence conditions. In other words, we are allowing a released terrorist offender, out on licence, to have their person searched, which Mr Hall said was needed. We support that change.
Can the Minister tell us when the code of practice will be published? I think she did, but can she reiterate, for the benefit of the Committee, exactly when the code will be published and laid before Parliament? Is it the case that the power we are debating cannot be used until that code of practice is laid before Parliament and agreed?
Will the code outline the sorts of circumstances under which the power might be used? In other words, what is the precise purpose of such a search conducted under these powers? As the noble Lord, Lord Paddick, raised, what difference is there between the vast majority of offenders who will have their licence agreed to by the Parole Board and some others? It is not clear what is meant by “others” and who will decide who they are.
Passport (Fees) Regulations 2022
Lord Coaker Excerpts(2 years, 6 months ago)
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Lord Paddick (LD)
I have the converse problem, in that I am running out of pages in my passport, because every time I go to Oslo, I get a stamp when I arrive and a stamp when I leave, even though, because I have applied for a residence permit—which I have yet to receive—I am not bound by the 90 days. However, we digress slightly.
Can the Minister explain what the cost of the Passport Office is overall compared with the amount of money that it generates? How much profit does the Passport Office generate, and how does the last financial year compare with previous years?
Following up on the questions raised by the noble Baronesses, Lady McIntosh of Pickering and Lady Foster of Oxton, again in answers on an Urgent Question from the other place, the Minister was asked whether the 1,200 extra staff at the Passport Office employed to deal with the unprecedented surge in demand for passports following the end of Covid restrictions on travel were agency or permanent staff. Does the Minister have an answer to that question now? Conversely, how many permanent staff were furloughed in 2020 and 2021, when there were 3 million and 2 million fewer applications respectively than predicted?
We need to know whether the Passport Office is providing value for money for both applicants and the taxpayer. What staff cost savings were made in 2020 and 2021 when demand was low? How flexible is the Passport Office workforce in the face of fluctuating demand? Presumably, demand is higher in spring and summer and lower in autumn and winter. Are additional temporary staff employed at peak times or are permanent staff sitting around for six months of the year not doing very much?
How much more than the cost of producing a passport are applicants charged? If applicants pay for a premium service that the Passport Office cannot deliver within the advertised timeframe, is the premium fee refunded?
I very much welcome the introduction of a booking fee for a priority service that is not refundable if the scheduled appointment is not cancelled by the applicant 48 hours or more in advance. Slots are limited—or, at the moment, non-existent—and applicants need to be incentivised to keep their appointments. However, I question whether the whole fee should be forfeited if a prospective passport holder fails to attend an appointment for their application to be administered under the priority services without giving prior notice. I understand that the Passport Office could have made a considerable profit were the applicant to have attended the appointment but surely the cost of producing the passport should be refunded to the applicant—that is, the profit element should be retained but the cost element that is no longer incurred by the Passport Office should not. In other words, if the person does not turn up, they will not be issued with a passport, therefore the cost of producing that passport is not incurred by the Passport Office. The additional fee for a premium service should therefore be forfeited but surely the cost of producing the passport should be returned to the applicant. Can the Minister say what the fixed and marginal costs are in the case of a missed appointment for a priority service?
We acknowledge the various fee waiver and fee reduction aspects of these regulations for specified groups, as well as the discretion to retain deposits and fees dependent on individual circumstances, but, as with all Home Office services in relation to the UK border, the question remains as to why the Home Office uniquely must be self-funding. With so many more people who require a passport other than our Armed Forces, diplomats and government Ministers having to travel abroad, whether on business or to support vulnerable relatives, for example, why is almost everyone charged a much higher price for a passport than it costs to produce it? I look forward to the Minister’s response, either now or subsequently in writing.
Lord Coaker (Lab)
My Lords, I thank the Minister for introducing the regulations. We look forward to her response to the various questions and comments.
I very much agree with the remarks from the noble Baronesses, Lady McIntosh and Lady Foster, and, frankly, all the remarks that the noble Lord, Lord Paddick, made. Before I start my remarks in support of them, the regulations raise a number of questions and comments for us all, not least that we are debating passport fees as set out in the schedule while, as we have heard, people are waiting months for their applications to be handled. They are often unable to access help and many are missing holidays, weddings and job opportunities because the passport system simply is not working, as the noble Baroness, Lady Foster, pointed out. Slowing down the fast track, as these regulations do, is almost an admission of failure. Why do Ministers not believe that the system can get back on track and meet existing targets in the longer term?
We have no concerns over the purely technical changes that set out passport fees more simply. We agree that, as the noble Lord, Lord Paddick, pointed out, it is fair to look at keeping the booking fee where a person books a priority appointment but fails to turn up. However, we have a few questions to raise on this and other aspects of the regulations. Can the Minister update us on the current backlog? The latest reported figure was half a million but the Home Office has not provided updated figures when asked.
Over the weekend, the Times reported that staff have warned that the systems they are being asked to use are not fit for purpose. How will the existing regulations be made fit for purpose when the existing system is said by staff not to be fit for purpose? The article reported that the existing pressures are only going to get “heavier” and that people are being given “poor, misleading advice” by the advice line provider. As I said, this SI will slow down the fast-track process by one day. Is that a proportionate response to all the problems being faced?
Baroness Williams of Trafford (Con)
That is a very good question. I would have thought it would be at the 10-year point, but the noble Lord is absolutely right. If there are 13 years on the passport, would it send it after 13 years, and therefore your passport will be three years out of date? I will find out.
Lord Coaker (Lab)
I was waiting for the Minister to inform the Committee of the current figure for the backlog. She gave us the application numbers. The application number now is 3.2 million or something, but that is a different way of answering the question. Can she update us on the current backlog figure? We had half a million, but can she update it?
Baroness Williams of Trafford (Con)
Our applications forecast is 9.5 million; I said that the current number was 3.2 million. On the current status, we anticipate that we will be on target to deliver those 9.5 million. I do not know the number of people awaiting passports at this point, but I will find out.