Children: Secure Children’s Homes

Lord Dholakia Excerpts

Monday 7th November 2011 Lords Chamber

[Lord Dholakia]

My Lords, this debate identifies two issues that need to be addressed. First, there is the effect of budget cuts on secure children's homes and, secondly, there is the impact of cuts on policies designed to deal with reoffending rates. In this debate, we cannot ignore the fact that in recent times there has been a reduction in the custody of children of 10 years of age. That is welcome, but we should also be concerned that England and Wales has the lowest age of criminal responsibility and the highest level of child incarceration in western Europe. These are the further issues that cannot be avoided or ignored.

Past government announcements have made it clear that the independent role provided by the Youth Justice Board is, they say, no longer required. There is no dispute that the Youth Justice Board was created in response to a lack of cohesion and collaborative working, which was a feature of our justice system in dealing with children and young persons. Equally, it is true that the Youth Justice Board has, over 12 years, developed a secure and distinct estate for young people. This is something we all welcome. I am aware of the Government's intention to retain youth offending teams and that they will continue to place young people separately from adult offenders in dedicated, secure estates. The Youth Justice Board already has a proven record and I suspect that it should be a barometer against which all future successes or failures will be measured.

There is ample evidence at hand that preventive intervention in the lives of children with behavioural problems can bring about improvements and reduce the risk of serious or persistent offending at a later stage. That is why this must be at the heart of any policy development in reducing offending. It is beyond dispute that a substantial number of young people—the figure could be as high as 70 per cent—reoffend within two years of leaving a penal establishment. Prisons do little to correct this behaviour. This is where specialised help, geared to the need of individual offenders and accompanied by better training for those who work in secure centres, is absolutely important. I urge my noble friend the Minister to ensure that the impact of budget cuts does not impair training, which is where the cuts are more likely to be found and faced.

We had an interesting debate last week on the role of magistrates. It is clear that sentencing should never ignore the two other pillars, restoration and prevention, on which our justice system is based. Each of those pillars has its own role but each is dependent on the other two. Put together and effectively co-ordinated, they help in the problem of integrating the offenders in society. Of course, we must never underestimate young people who are violent and for whom secure settings are appropriate. When we examine the reoffending levels associated with youth custody, there must be something fundamentally wrong; three out of four are reconvicted within a year of completing their sentence.

Against this background, we must also recognise a striking improvement in the youth justice system: the frequency of reoffending by young people has been reduced since 2000; the number of young people coming into the youth justice system for the first time has reduced significantly in the past two years; and over our first 18 months, there has been a very significant decline in the number of young people under 18 being held in custody. This is a distinct youth justice strand, and my plea to the Minister is to ensure that whereas the current economic circumstances require the Government to make substantial reductions in public expenditure, it is not inconsistent with policy that these cuts do not impinge on the success of youth justice work.

We need great care and sensitivity to ensure that the system breaks the cycle of deprivation, otherwise children and young people from disadvantaged communities and neighbourhoods will be recycled again and again within the criminal justice system. We understand the Government’s dilemma; pressure on public spending requires the need to eliminate waste and invest in services that deliver value for money. Against that, we need to respond to the real difficulties faced by our children, particularly those from deprived or disadvantaged backgrounds. The Government alone cannot solve this problem. Communities have to come together to provide better life chances and skills and address the anti-social behaviour of their children. We need to build a carefully structured and adequately resourced youth justice system that will lessen the impact of crime in the community. In conclusion, we have a success story to tell; let us hope that budgetary cuts do not bring us back to the dysfunctional youth justice policies before the Youth Justice Board was established.

Police: Stop and Account

Lord Dholakia Excerpts

Thursday 20th October 2011 Lords Chamber

[Lord Dholakia]

My Lords, is the Minister aware that all research carried out since 1981 has demonstrated the adverse impact of stop and search on the black community, particularly young blacks? They are the largest group of people stopped and searched, and only about one in 10 searches ever results in some sort of criminal justice process. What system of monitoring will be established to ensure that the law-abiding black community has confidence in the police?

[Lord Henley]

My Lords, the first point to make is that both stop and search and stop and account are vital tools for the police in deterring crime and combating anti-social behaviour. It is also vital that they must be used as sensitively as possible, as the noble Lord implies in his question. With regards to monitoring, it is vital to get this right. That is why I am very keen to stress the balance between accountability and bureaucracy, given the potential savings to the police in not having to record stop and account and in allowing them to carry on their activities properly without excessive bureaucracy. The police will still record stop and search, but recording stop and account is a matter for local decision-making, and that is why the Met, for example, will continue to record stop and account.

Migrant Domestic Workers

Lord Dholakia Excerpts

Wednesday 8th June 2011 Grand Committee

[Lord Dholakia]

My Lords, first, I thank the noble Baroness, Lady Cox, for securing this debate. She works tirelessly to secure the rights and liberties of disadvantaged people in many parts of the world, and I am delighted that this time she has drawn attention to the plight of domestic migrant workers. This debate is timely; the International Labour Organisation, the United Nations agency that concentrates on labour rights, draws its strength from having national Governments, workers and employers participate in its decision-making process and, as part of its international conventions on slavery, a new international convention on domestic workers worldwide is likely to be adopted shortly. We want to ensure that our Government are a signatory to this and, more importantly, that they have policies and procedures in place to ensure that we give real meaning to such a convention.

I thank Anti-Slavery International and Kalayaan, as the noble Baroness has done, for the briefing material that they have supplied. I urge the Minister to study their publications, which identify policies that work to protect migrant domestic workers. Their research was undertaken to inform the current Government in their review on the domestic workers’ visa. Kalayaan submitted a research report in March 2011 to the government team conducting the review. The UK Border Agency has said that the review will not be a public consultation, but I hope that it takes a serious look at it and at today's debate. In the mean time, I ask the Minister for the exact timescale of this review and whether she will publish the ultimate article when it is completed.

We in this country have been pioneers in promoting legislation on human rights and equality, which has served us well. It is no surprise that other countries have followed our example. Those of us who have read cases highlighted in the media and taken up cases with the Government can vouch for the fact that domestic work is poorly regulated and that inadequate legal protection is afforded to workers. Some basic human rights are denied. The predominant groups are women and girls, who are most vulnerable to abuse. Poverty compels vulnerable people to accept jobs where basic rights are denied. In many cases, the circumstances and conditions of their employment amount to forced labour. I have come across cases in which women have been forbidden to leave the home where they are working. Violent threats have become an everyday reality and their passports are withheld by their employers, as the noble Baroness, Lady Cox, said. Add to that the other ingredients that make their lives a living hell.

The job offer often bears no reality to the actual tasks they have to perform. Often, transportation and living costs are deducted from their wages, making it almost impossible to sustain a normal lifestyle. The worst cases are those in some diplomatic households. Domestic workers are not afforded adequate protection from exploitation and do not have the right to change employers. They are most vulnerable when fleeing from abusive employers.

Of course we can and should take action when such practices are exposed. Should we not seriously consider a domestic worker’s right to change employment in a diplomatic household? When visa applications have been made, should we not supply applicants with information about their rights and responsibilities? We should also mention who to approach when employment conditions are breached. I know that we are treading on sensitivity when dealing with overseas missions enjoying diplomatic immunity, but surely if the ILO convention on decent work for domestic workers is ratified, it will put such missions to shame, and rightly so.

We also need to pay special attention to our own immigration rules. Migrant domestic workers are dependent on their employers for their work and accommodation. There is no oversight of what happens in the private household, which is almost always invisible. A comparison with forced marriage is appropriate. None of us was aware of the size of the problem until recently, and now we have adequate machinery to ensure that victims receive all the help both here and at British high commissions abroad. I was a member of the first working party established by the Home Office, and I am glad to say that good practices have followed.

Surely it is possible to monitor visa conditions on a small sample of domestic workers without the presence of their employers. The number of migrant domestic workers entering the UK is estimated at nearly 15,000. This is not a small number, and I accept that in many cases the relationship between the worker and their employer is sound, but it is rogue employers that we are after. We need to pay particular attention to child labour. Children are the most vulnerable to slavery.

There is evidence at an international level that many who are separated from their families are inherently easier to coerce and control. An ugly feature here is that some are trafficked, while others are bonded labour forced to work to pay off debts that their parents have accrued.

I started by saying that a new international convention on domestic workers is likely to be adopted shortly. This will set out the employment rights of this category of people. As the Minister knows, all countries that ratify the convention will have a legal obligation to ensure that these rights are granted. I want our Government not only to support the convention but to take a lead in its implementation. We must move away from the notion that it is only informal labour and not proper work. We must ensure that domestic migrant workers have the rights and liberties that other workers enjoy. We must strengthen our existing legislation, including the Race Relations Act, to ensure that no exceptions are made in the employment of such workers. We must not underestimate the role that trade unions can play. In the final analysis, let us work towards a society where individuals’ human rights are upheld. In many cases, domestic migrant workers have lost almost everything. They are right at the bottom of the ladder. Let us not strip them of their dignity as well.

UK Border Agency

Lord Dholakia Excerpts

Wednesday 18th May 2011 Lords Chamber

Asked By

[Lord Dholakia]

To ask Her Majesty’s Government what is their response to the report by Mr John Vine, independent chief inspector of the UK Border Agency, Preventing and Detecting Immigration and Customs Offences, published on 13 May.

[The Minister of State, Home Office (Baroness Browning)]

The UK Border Agency has issued a full response to the chief inspector’s report. We accept all 10 of his recommendations, eight in full and two in part. I will place a copy of the response in the Library.

[Lord Dholakia]

My Lords, I thank the Minister for the clarity of her Answer. In the present climate, terrorists pose a serious threat to the security of the United Kingdom. What is being done to establish proper co-ordination between the work of the UKBA and our intelligence services, something that was identified in the Vine report? I ask the Minister to ensure that the allegations made in the 100,000 calls made by the public to the agency each year are recorded and published, particularly to build confidence that adequate measures are being taken to protect people against immigration and customs offences.

Asylum Seekers: Democratic Republic of Congo

Lord Dholakia Excerpts

Tuesday 17th May 2011 Lords Chamber

[Baroness Browning]

My Lords, I cannot give my noble friend a factual account today of what the courts have said about internal migration because I have focused on what happens to returnees, and it was in that context that I responded to the right reverend Prelate. However, I give the noble Lord this opportunity, if he would like to take it. If he has evidence of a matter that we should be looking at as a Government, I will have it examined. I should add that I have had briefings that show that third parties, NGOs and others have brought cases to our attention but there has been no follow through yet in asking for specific evidence that we can investigate.

[Lord Dholakia]

How much emphasis does the Minister place on matters relating to in-country reports, particularly those produced by Amnesty International? Is there systematic monitoring of the cases of the returned asylum seekers?

[Baroness Browning]

I can assure my noble friend that in respect of the Democratic Republic of Congo, we have no recent reports, from NGOs, the UNHCR or other such bodies, that remain to be investigated. Yet again, if there are internal reports that we should be made aware of, I would be interested to receive them because my understanding is that there is very thorough communication within the Democratic Republic of Congo and through our advice received in this country, and as yet I have seen no evidence of individual cases or trends that need to be looked at. I should add that a new report is coming forward this summer. It will be a year since we saw the last consolidated report, and it would be very helpful if that information was available to incorporate into the new report.

Identity Documents Bill

Lord Dholakia Excerpts

Tuesday 21st December 2010 Lords Chamber

[Earl Attlee]

I think that it is appropriate for the Minister to carry on with the rest of her speech, answer the other questions that noble Lords have asked and wait to see whether further inspiration arrives.

[Lord Dholakia]

My Lords, may I make a suggestion? Would it not be appropriate for the House to adjourn to enable the Minister to seek the advice that is being asked for and then the House could resume soon after that?

[Earl Attlee]

My Lords, my noble friend has numerous points to answer. Let us hear what she says and whether she can convince the House to agree with another place.

Immigration: High Court Ruling

Lord Dholakia Excerpts

Monday 20th December 2010 Lords Chamber

[Baroness Neville-Jones]

That is a matter for the usual channels.

[Lord Dholakia]

My Lords, it is not the intention of the Government that we question but the fact that this has bypassed the scrutiny of Parliament, which was precisely what the judgment was all about. May I ask the Minister about something that is still not clear? She mentioned that a Statement would be made tomorrow. Are we expecting a Statement or are we expecting changes in the rules for the interim cap? Either way, will we have the opportunity in Parliament to debate or at least to comment on the changes to the rules?

[Baroness Neville-Jones]

My Lords, the Statement will deal with the changes in the rules. Perhaps I should take this opportunity to say that the rules will then change immediately—that is to say, the rule change will be commenced immediately to rectify tier 2. Also, as was contained in the Statement, the Government will be closing tier 1 on 23 December. As a result of these timetable changes, it will not be possible to meet the 21-day convention for laying rules, but we will write to the Merits Committee about that matter.

Extradition: Gary McKinnon

Lord Dholakia Excerpts

Thursday 16th December 2010 Lords Chamber

[Baroness Neville-Jones]

Medical science has advanced through the ages, and we have a better understanding of some of these conditions. With regard to Mr McKinnon’s case, it is of course precisely the issue of the state of his medical condition and whether the extradition would breach his human rights that is at issue at the moment. We hope that he will be willing to undertake an examination, with agreed clinicians.

[Lord Dholakia]

My Lords, many of the judicial avenues open to Mr McKinnon have now been exhausted. The sad part about it is the particular state of disablement that he suffers. A conversation was recorded between the Prime Minister and President Obama in July this year where they said that they were looking for agreeable solutions. Has such a solution been found? Will the Minister confirm that the Extradition Act 2003 does not require contestable evidence? Does it not work to the detriment of British citizens, and should it not be reviewed?

[Baroness Neville-Jones]

On the first point, as my right honourable friend the Home Secretary has made clear, we have a legal framework within which Mr McKinnon’s case is being considered. On the second point, my right honourable friend has asked for a review of extradition provisions, including the US/UK treaty as well as the European extradition warrant. Sir Scott Baker will be considering some of the issues to which she has made reference.

Police: Retirement

Lord Dholakia Excerpts

Monday 6th December 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the Government do not accept the conclusion to which the noble Lord has just leapt. As things stand, the officers who are eligible for retirement, having 30 years’ service, number 3,260 out of a total force of 143,000 warranted officers. Therefore, I do not think that we should exaggerate the quantum of those involved.

[Lord Dholakia]

My Lords, will the Minister ask the police authorities to carry out an impact assessment on crime and security because of the cuts in numbers? Will she ensure that those cuts do not have an adverse impact on the recruitment of people from black and ethnic minority communities, which is a serious problem in police forces?

[Baroness Neville-Jones]

My Lords, the Government continuously assess the impact on policing of the measures that they take, but the matter that we are talking about is an operational one. I am sure that the police will wish to ensure that there is no discrimination in their recruitment policies.

Education: Overseas Students

Lord Dholakia Excerpts

Wednesday 13th October 2010 Lords Chamber

[Baroness Neville-Jones]

Je le veux bien. Yes, of course.

[Lord Dholakia]

My Lords, the points-based system does not apply to those who come from the European Community. What is being done to measure their competence in English?

[Baroness Neville-Jones]

The standards that have to be met for competence in English must comply with a European framework regulation, so a student coming here to do an advanced course has to meet that European level of qualification.