Illegal Migration Act: Northern Ireland

Lord Dodds of Duncairn Excerpts

Wednesday 15th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I have made it very clear—but I will say it again—that all 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.

[Lord Dodds of Duncairn (DUP)]

My Lords, whatever the rights and wrongs of people’s views on the Rwanda Act or the Illegal Migration Act, it has always been a clear principle that immigration law is a matter for application on a UK-wide basis. This is the latest in a string of rulings in the High Court in Belfast that says that Acts of Parliament not only are incompatible with the human rights convention but can be struck down and disapplied by the Windsor Framework agreed by the Parliament of this United Kingdom. Surely the Government have to deal with the fundamental problem. They said in the Safeguarding the Union Command Paper that the Windsor Framework did not deal with anything other than trade or goods—that is clearly and totally false: there will be a people border if this continues. Will the Minister deal with the fundamental, underlying problem of the continued supremacy of EU law over vast swathes of the economy and other areas of society in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes the very good point that immigration is a reserved matter and that the Government have consistently applied immigration law on a UK-wide basis. This judgment relates to the Illegal Migration Act, so it does not impact our planning or operations for Rwanda. I am afraid that I cannot speculate as to the other matters that he raised.

Immigration Update

Lord Dodds of Duncairn Excerpts

Wednesday 1st May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I completely agree with the noble Lord; of course we should. We have to monitor those statistics to make sure that the sector has what it needs, but also that the system suits the domestic issues that we have been discussing as well.

[Lord Dodds of Duncairn (DUP)]

My Lords, the Minister and your Lordships will be aware of the frequent denunciations of the Government’s policy on immigration by Irish politicians. Indeed, members of the Irish Government have denounced the Rwanda policy in very derogatory terms. Yet, having done so, they now seek to return to the UK those who say they are fleeing the UK because of the Rwanda policy. It is one of the many ironies of the situation: a Government who wanted an open border in all circumstances now want to send police to the border to ensure that there are controls there, and so on and so forth.

It is not lost on many people in Northern Ireland that Brit bashing becomes very fashionable as Irish politicians head into an election, but can the Minister assure me that Northern Ireland will not become a dumping ground for people returned from the Irish Republic? Although the Irish Government talk about 80% of people coming in through Northern Ireland, they have not produced any real evidence as to the actual figures. Can we be assured that Northern Ireland will not become a dumping ground and that there will not be any people border between Northern Ireland and the rest of the United Kingdom? Can he also outline what the understanding is, which the Irish Taoiseach has referred to as already being in existence between the United Kingdom and the Irish Republic, about the return of people coming into the Irish Republic from the UK illegally? Can he tell us what that understanding amounts to and whether it has any force of law?

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for his comments. I would also reflect on the fact that the noble Baroness, Lady Hamwee, made the point relatively recently that there is no deterrent effect, but clearly that is not being represented in the facts on the ground.

I shall to an extent repeat what my honourable friend said in the other place, which is that

“this Government are resolutely opposed to a hard border on the island of Ireland”.

He said that he understood that

“the Secretary of State for Northern Ireland has requested an urgent meeting with the Irish Government to seek assurances that there will be no adverse implications for the smooth operation of either the common travel area or the Good Friday agreement. That is an important meeting and he is right to seek it. I reiterate that we would welcome a returns agreement with the EU. We think it is right that we explore those opportunities and we will continue to pursue that”.

Beyond that, I am afraid I cannot comment. It would be wrong of me to comment on the stories about the Irish police and the border. Much as I would not comment on operational matters in this country, I certainly will not on those in another. Obviously, higher-level discussions are still ongoing, which would, I think, address the last part of the noble Lord’s question. I am sure there will be much more to be said about that in the coming days.

Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

Lord Dodds of Duncairn Excerpts

Tuesday 23rd May 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is late in the evening, but this is an important issue, hence my regret Motion. I am pleased that the Front Benches and the Minister are present, on foot of the detailed explanation that he gave us in the Secondary Legislation Scrutiny Committee. I will concentrate on one aspect of his discussion with us that day: the impact of electronic travel authorisations on tourism in Northern Ireland. My Motion specifically states that the regulations will impose

“additional bureaucracy on international visitors to Northern Ireland travelling from the Republic of Ireland, creating barriers that will potentially cause significant damage to the tourism industry”.

I call on the Government to consider revoking the regulations forthwith, or, if that is not possible, to bring forward an exemption and urgently enter into discussions with the tourism industry and the Government in the Republic of Ireland to ensure that the ETA scheme is adapted to reflect Northern Ireland’s unique position as the only part of the UK with a land border.

There is already a precedent for an exemption because one was provided for legal residents of Ireland in the regulations introduced in March this year. Everybody will recall that we discussed these issues at Second Reading, in Committee and on Report of the Nationality and Borders Act when it progressed through your Lordships’ House about a year ago.

The UK’s decision to introduce ETAs, as a result of the Nationality and Borders Act, will deter visitors arriving via the Republic of Ireland from coming to Northern Ireland due to the administrative process and cost, putting at risk 25% of total tourism spend. The ETA is due to be implemented for the majority of countries by the end of 2024. I do not agree with that because of the bureaucracy, cost, hindrance, impediments and barriers that will be placed in the way of spontaneous tourists.

The Northern Ireland Tourism Alliance, which has already had many discussions with the Home Office, is concerned that the costs, bureaucracy and hassle involved in getting an ETA will make Northern Ireland a less attractive place to visit, particularly for short or spontaneous trips. Tourists and operators may decide that it is more convenient and cheaper to drop Northern Ireland from their itinerary. We do not want that to happen, so I ask the Minister what steps the Government will take to prevent that from happening. Our economy and tourism must be protected. Tourism and the spend from it are significant proportions of our economy. Due to the fact the 70% of overseas visitors arrive in the Republic of Ireland and travel to Northern Ireland via the land border, there will be no official communication at the time of booking or when visitors arrive in Dublin or other parts of the Republic. This is different from those visitors arriving into a direct port of entry in the UK, and therefore tourists could inadvertently cross the land border into Northern Ireland without an ETA. This will place them in legal jeopardy and open to a criminal charge, as per the Nationality and Borders Act. The legislation states that an offence occurs if a person knowingly enters the UK without an ETA. This fact has been recognised by the Minister of State for Immigration in the Home Office, Robert Jenrick, who wrote to the Northern Ireland Tourism Alliance on 2 May 2023 stating that:

“in terms of the implementation of the proposed duty to make arrangements for removal in the Illegal Migration Bill, the Government is giving consideration to how our regulation-making power may be applied in order to exempt persons who knowingly enter the UK via the Irish land border”.

Along with the noble Baroness, Lady Suttie, I tabled an amendment to this effect to the Bill this time last year.

It is quite clear that there is a need to protect our tourism industry in Northern Ireland. Therefore, the Government should consider revocation and, if that is not possible, bring forward an exemption. That exemption should be introduced along the lines discussed with the Northern Ireland Tourism Alliance, and I think there are strong lines for that. The kernels for this are based around six main points.

Tourism is one of the six areas of co-operation enshrined in the Good Friday agreement, which introduced a new business model to promote Northern Ireland overseas as part of the island of Ireland destination. As a result of that, we have the body called Tourism Ireland. The number of visits to Northern Ireland by international tourists arriving via the Republic of Ireland was an estimated 550,000 in 2019-20, which represents only 1.3% of all international visits to the UK. The land border between the Republic of Ireland and Northern Ireland is 300 miles long, crossing between both jurisdictions, and has no immigration checks. It is an invisible border that currently allows for seamless travel across the island of Ireland, and that is part of the common travel area.

Immigration checks will be intelligence-led, so a tourist could be stopped; and if they have an accident or require medical attention, their insurance will be invalid if they do not have an ETA. Tourists crossing the land border into Northern Ireland are treated differently from tourists arriving via the UK direct port of entry, who are informed of the ETA requirement at the time of booking and at the time of boarding their flight. They will be stopped at immigration control in the airport or ferry terminal, where they will be told again. The situation for those coming from the Republic of Ireland to Northern Ireland will be different, due to the fact that they enter via an airport or ferry port in the Republic of Ireland and will not be informed that they need an ETA to enter the UK, because it will be assumed that they are simply staying in the Republic. Some of these people may decide, on entry, that they would like a visit to sample the many important heritage sites in Northern Ireland that have already brought significant financial spend into our local economy.

What is the solution? I suggest that the Government revoke the regulations or provide for an exemption. The Northern Ireland Tourism Alliance has already provided the basis for such an exemption to the Home Office. Obviously, I would prefer the revocation of the requirement, but I can see that it is necessary to be pragmatic in this regard. Therefore, I believe that the necessary exemption should be provided for.

Based on research by Tourism Ireland, a duration exemption for a period of five to seven days in Northern Ireland would mean that around 90% of international visitors would not require an ETA. This is a reasonable compromise that should be considered by the Government. The majority of people who are coming are coming simply for tourist reasons, not for any other ulterior motive.

This exemption should cover promotable visitors travelling to Northern Ireland from the Republic of Ireland as part of their trip to Ireland, including those travelling as part of a tour group or travelling independently. This minor adaptation is in keeping with the spirit of the original legislation and the Good Friday agreement, and would allow seamless tourism on the island of Ireland to continue in the majority of cases. It would protect our tourism economy, ensure clarity in marketing and eliminate disruption for most visitors.

Will the Minister tell us what progress has been made as a result of discussions with the Northern Ireland Tourism Alliance? What further discussions have taken place with the Irish Government following the exemption for legal residents from Ireland? I acknowledge that the Minister has indicated to the protocol committee, of which I am a member, in a letter dated 5 May, that the Government want to ensure that targeted messaging from the ETA scheme will take place. When will that communication campaign take place? What will be the content, and how will it take place? What progress has been made in discussions concerning the exemption?

I request that the Minister provides your Lordships’ House with answers to those questions in response to this debate. I urge him and his ministerial colleagues either to revoke the regulations or to go for the compromise involving the sensible, practical exemption for tourists and our tourism industry, considering that, in March, permission was already given under the regulations for legal residents of Ireland.

Tourism is a significant contributor to our overall economy, investing a considerable amount of money in the circular economy. A lot of people are employed in the tourism industry, which was impacted by Covid but is now recovering significantly. I urge noble Lords, if they have some time during the Recess, to consider visiting Northern Ireland to sample some of our most historic sites of heritage value and see the balance of mountains and sea—our significant landscape qualities.

To encourage people to come, it is important that barriers or impediments are not placed in their way. I urge the Minister to give positive consideration to revocation or, if that is not possible, an exemption which would ensure that promotable visitors can travel without the need for an ETA. I beg to move.

[Lord Dodds of Duncairn (DUP)]

My Lords, I am very grateful to the noble Baroness, Lady Ritchie, for raising this and for the opportunity to debate the matter once again; we have looked at these issues previously. I want to explore with the Minister a number of issues for clarification and explanation.

It should be said that the introduction of the electronic travel authorisation for the United Kingdom is, in principle, something that brings us in line with most other countries across the world. The European Union is introducing the European travel information and authorisation scheme sometime next year; the United States has ESTAs; Canada has eTAs if you transit through or travel to a Canadian airport; Australia has an ETA—this is not unique to the United Kingdom. All of us who have travelled to the United States are used to applying for ESTAs and so on. The European scheme, for instance, will require 1.4 billion people from over 60 visa-exempt countries to apply for their authorisation at a cost of €7. So this is broadly in line with what other countries are doing.

However, as the noble Baroness, Lady Ritchie, has mentioned, a particular issue has arisen in relation to the fact that the United Kingdom’s frontier with the European Union runs between Northern Ireland and the Irish Republic. That has given rise to a number of issues, which the noble Baroness has referred to. In that context, I ask the Minister for some reassurances about the work that the Government have undertaken to do with the Northern Ireland Tourism Alliance, as was spelled out in the letter of 5 May that the noble Baroness referred to from the right honourable Robert Jenrick MP to the protocol committee on which both I and the noble Baroness serve. There were commitments given in that letter to work with the Northern Ireland Tourism Alliance to ensure that visitors are aware of the ETA scheme requirements before travel. I would be grateful for some more details on that.

I would also be grateful for an assurance that, if this is to proceed, applications will be processed very rapidly. My experience, when I was in the other place helping constituents on a personal basis, is that the United States is able to process ESTA applications within a matter of hours. Surely that should be the case for ETA applications, so that international visitors who decide to come to Northern Ireland are able to have this processed very quickly.

Nationality and Borders Bill

Lord Dodds of Duncairn Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Dodds of Duncairn (DUP)]

I shall speak briefly on Motion T1. It was a pleasure to listen to the noble Lords who have spoken to this important matter. One thing we all agree on is that there should be no checks or barriers along the border between Northern Ireland and the Irish Republic, and certainly there should be no barriers between Northern Ireland and the rest of the United Kingdom. That is an equal assertion. Unfortunately, those of us from a unionist position sometimes feel that the concentration is very much on the north-south dimension and that the east-west dimension is almost forgotten or people call for the rigorous implementation of checks, which is a bizarre position to adopt when there has been so much passion. I agree with those who have argued that there should be no checks between Northern Ireland and the Irish Republic and vice versa.

As someone who lives just about 15 miles from the border, I understand the concerns. However, there are a couple of myths that need to be dispelled. First, we are talking about an international border between Northern Ireland and the Irish Republic and between the United Kingdom and the Irish Republic. It is a different jurisdiction for currency, taxation and fiscal rules. For goodness’ sake, even the road signs change from kilometres to miles. We have different voting systems. All these things matter, and it is wrong to dismiss the guarantees and agreements that were made in the Belfast agreement, as amended by the St Andrews agreement, because it enshrined the principle of consent and that the people of Northern Ireland should remain part of the United Kingdom so long as they voted that way.

The second thing to say gently to the House is that there were checks for immigration on the UK side and on the Irish Republic side of the border—not at the border because nobody wants to stay at the border—even before we left the European Union. I am looking at a tweet put out by the Garda and PSNI in 2018, which eulogises and praises a checkpoint near the Monaghan/Armagh border seeking those in breach of immigration law. There are many other examples we could give. Eight illegal immigrants were caught at a checkpoint in Dundalk just across the Irish border by the Garda Síochána after travelling via England and Northern Ireland. These checks are not done at the border but they are intelligence-led, so it is wrong to suggest that somehow any checks are contrary to the spirit of the Belfast agreement because that is exactly the sort of regime that will apply going forward as it did previously.

The final thing I will say, very briefly, is that—as I mentioned at the start—we must have the same considerations and the same passion and desire to avoid problems against the spirit of the Belfast agreement which has been evoked today and we must ensure that it applies east-west for strand 3 as it does for strand 2. In June 2021, the European Union, as published by the DAERA department in January of this year, was complaining to the UK Government that ferry passengers coming from Great Britain into Larne or Belfast, where there is no border at all—British citizens moving from one part of the United Kingdom to the other—were not having their luggage checked. If anything illustrated the detriment to tourism, for instance, which has been mentioned in this regard, there is an example.

Issues have been raised about people getting access to health and the protocol’s effect on medicines for UK citizens and Irish citizens coming from one part of the United Kingdom to the other. There are barriers to that, yet we do not hear the same concerns. All I am pleading for is balance and equivalence. If checks are wrong north-south, they are wrong east-west.

[Lord Coaker (Lab)]

My Lords, I speak to Motion L1 in my name and, briefly, to some of the other amendments before us. I congratulate the Government on Motion A and welcome the movement from them with respect to the Chagossian community—the Minister deserves credit for persuading the Government to move on that, as does my noble friend Lady Lister and many others for the campaign to advance this cause and issue. The noble Lord, Lord Horam, was right also to point out the efforts of Henry Smith MP who has worked exceedingly hard on this issue.

There will be a number of disagreements between us as we debate this Bill today, as well as many challenges to the Government and pushback—if that is the right phrase to use in the context of this Bill—asking the Government to think again. It shows the importance of how the Lords works to ask the Government to revise their legislation. This is an example of where the Government have responded positively to the various concerns that have been expressed. This shows Parliament at its best and, hopefully, with respect to other issues that I and other noble Lords will raise through our amendments, we will see the same happen elsewhere before the Bill becomes an Act.

On Motions B and B1, the deprivation of citizenship in certain cases, with proper safeguards, is an important tool of our national security. We do not believe that the Government have made the case for the suggested powers under Clause 9 to remove citizenship without giving notice. It remains our preference that the clause should be removed altogether; however, it is clear the debate has moved on from this. In that light, we strongly welcome that there has at least been some movement to introduce safeguards. I pay tribute to the noble Lord, Lord Anderson, whose work has improved the clause and has added much-needed safeguards into the process.

However, Motion B1 from the noble Baroness, Lady D’Souza, raises further extremely important questions about Clause 9. I ask again: is it not the case that the Government must reissue existing deprivation orders that were made without notice under the processes now defined by—what I would call—the Anderson amendments? If a person is currently subject to a deprivation order but they have not been notified of that, when do their appeal rights start and finish? Can the Minister provide clarity on this? There are a number of questions and the noble Baroness, Lady D’Souza, is quite right to point out through her Motion the various problems that still exist, notwithstanding the improvements that have been made. I will be interested to hear the Minister’s response to the noble Baroness with respect to her Motion B1.

On Motion L and my Motion L1, the proposed arrival offence makes arriving in the UK to seek asylum a criminal act. We feel really strongly about this, as indeed your Lordships did. The Commons reason for disagreeing with the Lords over this offence is that

“the Commons consider that it should be a criminal offence for a person who requires entry clearance to knowingly arrive in the United Kingdom without such clearance.”

But do the Government genuinely believe that a person arriving in the UK and asking for sanctuary is a criminal act? That is what is suggested by this offence. At the same time, Ministers have repeatedly stated that they do not intend it to be used in all circumstances to which it applies.

A specific example of what we are talking about came up last week in the debate in the other place when considering a Ukrainian who had fled to the UK to join their family in the first few days after the appalling Russian invasion to escape the bombing and destruction of their home, but who had not completed a lengthy visa process. Under the Government’s proposals, that Ukrainian person would have been guilty of a criminal offence and liable to up to four years in prison. That is surely not what the Government want, but that would be the consequence of their Bill as drafted. Therefore, although that is a very emotive example to give because we all feel so passionately about that, that is exactly what the Bill does. That cannot be right.

The Government say that we need to ensure that there are safe and legal routes, and much of this has been driven by what has happened with respect to migrants crossing the channel. As Damian Green MP, a former Immigration Minister, asked of the Government,

“Home Office data confirms that 87% of those arriving by small boats in 2021 comprised nationals from Iran, Iraq, Syria and Yemen,”—[Official Report, Commons; 22/3/22; col. 199.]

but what safe route is open to them? I know the Government’s answer is that they should stop in the first country in which it is safe for them to do so, but if 87% are from those four countries—as the Home Office data itself says—what difference does the criminalisation of the offence of arrival make? The Bill does not make sense in this regard.

Throughout the passage of the Bill, as I say, Ministers have repeatedly said that this offence is intended to be prosecuted only in specific cases, such as where a person arrives in the UK in breach of a deportation order. If the Government’s intention is for those cases to be prosecuted, they should pass a law which says that. That is why we have tabled our amendment in lieu: to do just that. We have listened to Ministers and what they are seeking to achieve and have actually tried to find a way through. So, our Amendment 13B would provide a specific offence of arriving in the UK in breach of a deportation order. It is an example of the type of specific offence that Ministers can put into the Bill to achieve their desired outcomes. The Commons reason regarding the offence as drafted does not reflect the assurances or the policy intent expressed to both Houses by Ministers. For that reason, we believe that further action is needed on the issue—hence my Motion L1.

On Motions M and M1, the Government have ended up in a position where a person who saves lives at sea without co-ordination of that rescue attempt by the coastguard risks committing an offence. The Government’s answer is that a rescuer in that situation will have a full defence that they have gone to the aid of people in distress, which they are duty bound to do under international law. I accept that the change is not intended to lead to the prosecution of anyone who rescues lives at sea, and we recognise that the Government have moved some way during consideration of the Bill to put beyond doubt that a coastguard co-ordinated rescue is not in the scope of the offence. But we are still left with an unsatisfactory outcome and a lack of clarity on what should be included in the scope of the offence. We have this problem throughout the Bill, and this is yet another example of an offence capturing behaviour that should not be captured. The Bill does not clarify the position and the Government so far refuse in many instances to give us the clarity we need.

Turning to Amendment 20, tabled by my noble friend Lord Rosser, regrettably, we do not believe that there is more to be gained by insisting on sending it back to the Commons a further time. But the Motion tabled by the noble Lord, Lord Paddick, perfectly highlights the remaining issue and would be a simple and sensible addition to the Bill. We support it, and we ask the Minister to consider it seriously.

On Motions T and T1, spoken to by my noble friend Lord Murphy and supported by the noble Baroness, Lady Ritchie, and the noble Viscount, Lord Brookeborough, there is a real problem here, notwithstanding the important points made by the noble Lord, Lord Dodds. We have been raising this issue for months; the border is still an afterthought, and we are seeking to clear the issue up at this juncture. The problem is that the proposed approach is not only unworkable but does not reflect the reality of those who live and work on the border at all.

Nationality and Borders Bill

Lord Dodds of Duncairn Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

I strongly appeal to the Minister to reconsider and give an undertaking either to come back with a reframed provision or, preferably, to delete this; otherwise, I will certainly vote in favour of my noble friend Lady Ritchie’s amendment.

[Lord Dodds of Duncairn (DUP)]

My Lords, I did not intend to take part in this debate, but, given the description of life in County Fermanagh of the noble Viscount, Lord Brookeborough, I have been tempted to participate, because I too was brought up there, just a few miles from the border. As someone who now lives about 20 miles from the border, I am always interested in hearing descriptions of life on the border from those who are not often in Northern Ireland or, indeed, the Irish Republic. But we should take very seriously indeed those who comment with real experience of living there—I am talking about not just myself but the noble Viscount, Lord Brookeborough, and the noble Baroness, Lady Ritchie, who also does not live very far from the border.

Noble Lords have raised a number of practical issues that affect the common travel area. We need to remember that this has been of immense value and benefit to the people of the United Kingdom and the Irish Republic over many years, predating the European Union. It has existed for many decades, and we should cherish it and do everything possible to remove any travel friction within it, regardless of our position on Brexit—certainly that was always our view.

It is also clear that there should not be any kind of barrier or checks along the border with the Irish Republic in relation to the movement of people—or goods, for that matter. That has always been very clear from the standpoint of my party and those who come from Northern Ireland.

Some people have said that there cannot be checks on the border for the practical reason of the 300 crossings, and all the rest of it—that has always been clear. Never mind the principle; the reality is that you cannot have that kind of checking along the border. No one wants that, and it cannot be done. For that reason, no one was ever advocating that there should be any kind of checks along the frontier between Northern Ireland and the Irish Republic.

There is of course a border; sometimes there is not a visible sign of it, but in other parts of the Province there are visible signs of the border. I recently noticed that, on the road from Dublin up to Belfast, as you cross the border, there is now a sign saying, “Welcome to Northern Ireland”. It has thankfully not been defaced—many years ago such signs were constantly defaced. Maybe after reading this debate somebody might decide to go out and do that, but I hope not. Indeed, there is a camera at that part of the border. We were told at one stage there could not be any infrastructure along the border, but there has been a security camera there for many years, without any controversy.

We have a different fiscal regime, excise regime and currency, as well as different tax laws. There is a whole range of differences between north and south, and they are all managed not by checking anything at the border but by intelligence-led investigation at the destination that people or goods are travelling to. That has been the case for decades. For instance, when it comes to the investigation of fuel laundering, the authorities on both sides of the border co-operate very well and share intelligence. They do not do that along the border but they do investigate these matters. That is the way these things should be done.

The only thing I want to say to the House tonight is that all that having been said and accepted, we would say that exactly the same principles should apply between Great Britain and Northern Ireland. If all of this is correct about checks and there being no friction between north and south, that should equally apply between Northern Ireland and Great Britain, and vice versa—east-west. You cannot have one principle for the north-south relationship and a completely different set of principles for the east-west relationship.

For instance, if the protocol was being properly and fully implemented today, and we did not have the grace periods—that were opposed by some Members of this House and the other House—people would be getting their luggage checked when they travelled between Northern Ireland and Great Britain or Great Britain and Northern Ireland in relation to some SPS and customs regulations. Pets cannot be brought from Great Britain to Northern Ireland and Northern Ireland to Great Britain under EU laws—this is for British citizens travelling from one part of the United Kingdom to the other.

Therefore, all I say in relation to this matter is that of course we need to keep the border open and frictionless, with free movement and the rest, but let the same principles and passion for freedom of movement and no checks apply east-west as well as north-south. That is what is in the Belfast agreement, which the noble Baroness, Lady Ritchie, referred to. It is a three-stranded approach. The first strand is the internal Northern Ireland arrangement and strand 2 is the north-south arrangement. But we also have strand 3, which deals with east-west, and that has to be protected and preserved. The fact that it is not is at the root of the problems we are having with devolution in Northern Ireland at the current time.

I want to put that matter of principle, as it were, on the record, because it is important. I do not disagree with what has been said about the matter under consideration in this amendment but we must also consider ensuring that the principles of the Belfast agreement, as amended by the St Andrews agreement, are preserved and upheld in their entirety.

[Lord Murphy of Torfaen (Lab)]

My Lords, it is always a tremendous pleasure to follow the noble Lord, Lord Dodds—I have been doing so for 20 years. I do not always agree with him but we agree on lots of things, and I agreed with much of what he said this evening: there is a special difference between dealing with these issues about Northern Ireland and dealing with things generally in the Bill.

The proposal by the Government is daft and it could be dangerous, and it is also utterly unnecessary. It has clearly been drawn up by people who know nothing about Northern Ireland—that is the difficulty. If only the architects of this proposal had talked to the Governments in Belfast or Dublin, or even to the Northern Ireland Office. And I absolutely agree, with great respect to the Minister who is winding up, that it should have been the noble Lord, Lord Caine, doing so—he is the one who knows a huge amount about Northern Ireland and presumably he would have been able to answer these questions with the experience of someone who has spent many years dealing with these issues.

The practical problems have been outlined well by my noble friends, such as the problem with tourism. One of the very first north-south bodies to be established was an all-Ireland tourist body. People come from all over the world to Ireland and want to see both ends. To impose this unnecessary restriction on them will jeopardise an industry that has been severely hit because of Covid over the last number of years. There are thousands of Lithuanians working in the Republic of Ireland, and probably a number in Northern Ireland, whose lives could easily be overturned by this—particularly those who work near the border, of course. They rely on common health facilities, as well as common shopping facilities.

As the noble Lord, Lord Dodds, and my noble friends have said, the border does not exist in the ordinary sense. It is not like a border anywhere else. One of the great issues which has been ignored in drawing up this silly proposal is that it ignores entirely what has been agreed for the last quarter of a century. In drawing up the Good Friday agreement, in which I played some part a long time ago, we believed that the border was crucial to the success of our talks. The border has hundreds of crossings; there is no apparatus checking on people going back and forth. The principle lying behind that lack of the border being a border, if you see what I mean, and the fact that it is invisible in many ways, was an integral part of the agreement. I shall not talk this evening about the protocol but that is another disaster, in the sense that it has caused difficulties in Northern Ireland, and we will come to it on another occasion. The resolution on the border was a hugely important and significant factor in the success of the Good Friday agreement, and this provision strikes at the heart of it.

The problem is not simply what is in this particular proposal—it is how the proposal was arrived at, how it was structured, and how people drew it up. That has been disastrous, because it has been done with no knowledge of how it could affect the Good Friday agreement or future proposals on the border itself.

The relations between the Republic of Ireland and our Government are at rock bottom at the moment, and this does not help; it makes it worse—and I bet your bottom dollar that there have been no real discussions between the two Governments, in the way that there should be.

This should be dealt with in the British–Irish Intergovernmental Conference—the agreement set that up. The noble Lord, Lord Dodds referred to strand 3 of the agreement—that is to say, the relationship between east and west. I chaired the talks, along with the Irish Minister, on setting that up, and one result of it was the British–Irish Intergovernmental Conference: a body including both Governments to deal with tricky issues. If this is not a tricky issue, I do not know what is. I bet your bottom dollar, too, that there has not been much discussion with the parties in Northern Ireland either, or with the Northern Ireland Executive or the Northern Ireland Assembly. No—it is a disaster.

The sooner that this provision is removed from this Bill, the better. I doubt that the Government will do it but, if they do not, it will just fall into a pattern, whereby Northern Ireland is put on the side and seen as a peripheral business. It will come back to bite them, and I urge the Government to withdraw the provision or accept this amendment.

Domestic Abuse: Older People

Lord Dodds of Duncairn Excerpts

Tuesday 30th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness will know that all legislation that is put through and agreed in Parliament is monitored, reviewed and checked to see whether it is fit for purpose and whether gaps emerge in the fullness of time. She is absolutely right about monitoring the effects of the legislation, particularly on older people. These may be the same as or different from those experienced by younger people, as she said—but, certainly, it is a relatively recent phenomenon that this has come out.

[Lord Dodds of Duncairn (DUP)]

Research from SafeLives indicates that up to half of all abuse against people in older life is perpetrated by members of their family, particularly acting together. We have seen increases in financial abuse in particular. What more can be done to educate older people to detect the signs of this kind of abuse, often very subtle in its application, and to seek outside support and help?

Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

Lord Dodds of Duncairn Excerpts

Monday 17th May 2021 Grand Committee

[Lord Dodds of Duncairn (DUP)]

My Lords, I begin by saying that I fully support the SIs that the Minister is proposing. I welcome her detailed explanation of the purpose of the regulations and that they will allow the full commencement of the Criminal Finances Act provisions in Northern Ireland at long last. This will unlock better outcomes against organised criminality, protect our economy and reduce harm in those communities that are particularly affected by organised crime gangs and paramilitarism, which has bedevilled many communities in the area that I had the great privilege to represent for many years in north Belfast.

The Criminal Finances Bill, as the Minister said, received Royal Assent back in April 2017 and has been fully commenced in England, Scotland and Wales. The fact that it has not been fully operational—the reserved matters have been, but the devolved issues have been disrupted and delayed by the previous suspension of devolution—is a matter of deep regret. We certainly saw the fall of this legislation, which proceeded in the other parts of the United Kingdom, as a major disadvantage to the collapse of devolution. It has led to a disparity in powers available to authorities in other regions of the United Kingdom in the fight against serious organised crime—and my goodness we need it in Northern Ireland perhaps more than anywhere else.

The Justice Minister in Northern Ireland has rightly said that she wants to see this introduced as quickly as possible, and there have been widespread calls, including from Members of the Assembly, for the commencement of the powers, particularly in relation to the new unexplained wealth order, account freezing and forfeiture provisions. We do not want Northern Ireland to have a weaker regime than other UK jurisdictions. It is therefore welcome news that these SIs have been laid.

It has been frustrating, as I say, but I hope that we can now look forward to the forces of law and order and the NCA having all the tools at their disposal to tackle organised crime gangs. As the Minister said, this will not just deal with those who have been directly engaged already but act as a severe deterrent to others. When I was an elected representative for north Belfast, time and again residents would ask me, “How is it that so-and-so around the corner is driving an extremely fancy car and is able to go on foreign holidays? We’re all here looking at this, we know what’s going on and the police seem powerless to act.” It was a severe problem and still is today.

The unexplained wealth orders in particular are extremely welcome and will go a long way to tackling paramilitarism and organised crime. When people do not see clear action taken in the face of obvious wrongdoing, it erodes confidence in law enforcement agencies’ ability to deal effectively with the problem. I hope that this will really give the police and others the tools they need.

There was a recent documentary on Northern Ireland television—I do not know whether it was shown on the mainland as well—about the Northern Bank robbery, one of the biggest bank robberies in the history of the UK, when £26 million was stolen by the Provisional IRA back in December 2004. Many millions of that money are still unaccounted for. People have been searching out how it has been used to finance all sorts of nefarious activity. It would be really good if some of these powers were used to track down that money and seize some of those assets from those who should not have them and are using them for nefarious purposes.

The extension of the National Crime Agency to Northern Ireland was, of course, resisted in the usual quarters, but it is playing a vital role in disrupting and dismantling organised criminality in our Province. Increasingly, protocols have been agreed with the PSNI to focus the National Crime Agency on major-impact disruption, and it is important that this does not lead to a diminution of activity towards smaller groups, particularly where the criminal finance element does not meet the threshold for some of the powers afforded by today’s code.

I believe that there is scope for the Justice Minister in Northern Ireland to examine the potential for a new assets-recovery agency, in line with the recommendations of the Independent Reporting Commission and the Policing Board, to better capture the economic harm and proceeds of crime held by paramilitaries. There is a need to continue to focus all the time on how we can increase the effectiveness and targeting of tools to enhance outcomes against these groups. If we cut off their finance, we will go a long way to putting them out of business. It is one of the greatest priorities we have in Northern Ireland. Make no mistake: some of these groups are still very active as crime gangs and drug gangs across Northern Ireland. I welcome the Northern Ireland Justice Minister’s intention to establish new offences of participating in and directing organised crime, as well as aggravated offences.

I very much welcome this very positive step forward. It is overdue, but at least come June we will be at the point where these powers are available in Northern Ireland. That is very good news indeed for the people of Northern Ireland.

Authority to Carry Scheme and Civil Penalties Regulations 2021

Lord Dodds of Duncairn Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, I am very grateful to the Minister for the clear way in which she has outlined the purpose and details of these regulations; I welcome what they are designed to achieve.

The new legislation will reflect the changes that have been brought about as a result of Brexit and some of the sanctions now available under the Sanctions and Anti-Money Laundering Act 2018. I certainly endorse the addition of the new classes of individuals who can now be made subject to a refusal of authority to carry. This is all very welcome and will help to safeguard the people of the United Kingdom, preventing unnecessary travel to and from the United Kingdom by people who should not be here—in the case of people who wish to travel to it and are not eligible for entry. Without it, there would be gaps and loopholes in the statute book, which would be impossible to justify.

Given that this is a UK-wide piece of legislation, covering Northern Ireland and, of course, Scotland, the same regulations and obligations will apply to carriers to and from Northern Ireland from abroad as apply in other parts of the United Kingdom. Today, I am interested in exploring with the Minister the application, implementation and enforcement of the duties and requirements under these regulations, given that Northern Ireland is the only part of the United Kingdom with a land border with another country and given that we have the common travel area, to which the Minister referred, covering the whole of the United Kingdom and the Irish Republic.

Since we have an open border with the Irish Republic for people under the common travel area arrangements, people travelling into the Irish Republic from abroad by seaport or airport can travel into Northern Ireland and cross over into the rest of the United Kingdom without necessarily having any further checks made upon them after their arrival in the Irish Republic.

The Minister referred to the application of the regulations to carriers to the UK by way of the common travel area. If the endpoint is the United Kingdom, someone may well decide to travel into the Irish Republic, stay for a period, and then come into the United Kingdom at a later point. I would be grateful if the Minister could outline how the provisions of the regulations apply in relation to carriers of individuals who are not eligible to be in the United Kingdom, and who may decide to use Dublin, or another Irish port of entry, as a means of accessing the United Kingdom in this fashion.

Do we have the same reporting and other obligations on carriers travelling into the Irish Republic in respect of people who are ineligible to travel to the UK? What is the level of co-operation and exchange of information and details between the Irish and UK border authorities? What obligations are the Irish border authorities under and how can we be sure that they are being properly and rigorously monitored? How is the system of enforcing fines implemented if people who are ineligible to enter the UK are carried into the Irish Republic and then come into the United Kingdom?

Clearly, this is a matter of considerable interest to people in Northern Ireland and is something that is worthy of reassurance to citizens, not just in Northern Ireland but in other parts of the United Kingdom. Given the common travel area arrangements, the systems to control the Irish border—its ports and airports—must be as robust in relation to incoming international travel as those for airports and seaports in the United Kingdom itself.

In welcoming the legislation before us, I seek the Minister’s reassurance that these necessary and important regulations are not in any way undermined or weakened as a result of the current arrangements within the common travel area. I fully support the common travel area arrangements in principle; they have worked to the advantage of both the United Kingdom and citizens of the Irish Republic, and, of course, they pre-date European Union membership. I just want to be assured that in these regulations we have covered all bases and that people cannot use the common travel area arrangements as some kind of back door, and that carriers cannot evade their responsibilities by using them or by means of not having the regulations properly enforced against them if these circumstances were to arise.

Domestic Abuse Bill

Lord Dodds of Duncairn Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Hodgson of Abinger (Con) [V]]

It is a pleasure to follow the noble Lord, Lord Russell. I speak to Amendment 176 and congratulate my noble friend Lord Polak on introducing this amendment and gathering such cross-party support for its proposal. It clearly goes further than the original amendment tabled in this area, requiring not only local authorities, but police and crime commissioners and clinical commissioning groups to ensure sufficient provision of specialist domestic abuse support services in their local areas.

At Second Reading, I spoke about the importance of our obligations under CEDAW and the Istanbul convention, and how both make clear that violence against women and girls, especially domestic abuse, is a form of discrimination against women. It is even more so if the survivors are from an ethnic minority, migrant, disabled, or identify as LGBT. As such, the Government have international obligations to work to prevent domestic violence and provide sufficient specialist services to protect survivors and prevent it happening.

As we have already heard, there is a concern that, if the most welcome duty on local authorities to provide accommodation-based services in the Bill is not matched by an equal statutory duty to make provision for specialist community-based services, many women, especially those who manage to stay in their home, will not receive the help that they need. It is important that as many survivors as possible are safely able to stay in their own home.

Many of the organisations working in this sector argue that the majority—around 70%—of people experiencing domestic abuse and receiving support do so via community-based services. They provide a vital lifeline, including specialist services, such as independent domestic violence advisers, who advocate on behalf of survivors, drop-in services for children, helplines and so much more. The work of such services helps combat domestic-violence-driven homelessness. They enable victims to stay near support networks, schools and jobs, wherever possible. I welcome and support the proposals in this amendment and hope that the Minister considers them favourably.

[Lord Dodds of Duncairn (DUP) (V)]

My Lords, I am grateful for the opportunity to speak in support of this group of amendments, in particular Amendment 176 in the name of the noble Lord, Lord Polak, and other noble Lords. It seeks to ensure the provision of community services for as many victims of domestic abuse as possible. Noble Lords have spoken eloquently about access to community services for children and other groups, but I want to speak briefly about the issue of access to community services for older people.

I believe that this amendment will help to ensure that services for the elderly, who have not been looked after as well as they should have been, will not face any further disadvantages in the commissioning process. I am grateful for the briefing I have received from Hourglass, a charity devoted to safer ageing and the prevention of the abuse of the elderly. The charity makes clear what we all know, which is that there has been a very low level of uptake of services by older people who are suffering domestic abuse. Sadly, we know that such abuse does not apply just to younger people and those in adult life; it is all too prevalent in older life as well, so people need access to services that are appropriate to their needs, regardless of their age.

The Bill currently sets out a duty to be placed on local authorities to provide accommodation-based services but not, as we have been discussing, community-based services. As has also been said, this can lead to a situation where the former services will be prioritised to the detriment of community-based services. This amendment will ensure a balance between them.

The fact is that older people are much more likely to access community-based services rather than refuge services. Women’s Aid has said that, from 2010 to 2017, only 2.7% of service users were over the age of 65, with 2% using community-based services and 0.7% refuge-based ones. The lower number of older people, especially men, who are accessing services mean that they need to be protected. That means ensuring proper access to community-based services. I also support the amendment seeking to extend the statutory duty beyond local authorities to police and crime commissioners and clinical commissioning groups.

I want to highlight the low level of service uptake by older people, so we must not do anything that might reduce those services or put barriers in the way of increasing access. The reasons for the low level of uptake more generally should be closely examined and more should be done to ensure that everyone can come forward and get the help and resources that are appropriate to their circumstances. The provision of properly funded community-based services is vital if all victims of domestic abuse are to be properly looked after. I believe that the amendment will go some way towards addressing that.

[Lord Hunt of Kings Heath (Lab) (V)]

My Lords, I am glad to follow the noble Lord, Lord Dodds, and to endorse what he has said about the risks of abuse in relation to older people. We have two later groups of amendments where we will be able to debate these issues, so it is important to ensure that we do not miss out or fail to take seriously enough the very real risk of older people who can be the victims of many forms of abuse. However, little attention has been paid to them in past years.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Lord Dodds of Duncairn Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 11th November 2020 Lords Chamber

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, I congratulate the three noble Lords who made excellent, eloquent maiden speeches today in the House. I look forward to working with them in the period ahead. I pay tribute to the security forces, members of the Security Service and all those involved in counterterrorism for the great sacrifices that they make in defence of our country—acts of heroism that will never be told and suffering for the greater good of society that will never see the light of day. I am grateful for the briefing that I received in the other place in the run-up to the Investigatory Powers Tribunal case, which brought home to me just how important their work is.

As has been said, this Bill is about keeping the country secure and saving lives. It puts on to the statute book what already happens and has been happening for a long time. Lest anyone should doubt the need for CHIS—or agents, as they are better known—we only have to look at some of the statistics outlined by the Minister in the other place about the number of arrests, of firearms, class A drugs and illicit cash recovered, and of potential terrorist attacks thwarted by MI5 and counterterrorism in recent years—27 between March 2017 and today, which is nine each year. Those are staggering figures.

While there have been incredible advances in electronic and digital surveillance, we know that in many cases, such methods of intelligence-gathering are simply not enough in themselves. The Bill addresses participation in criminal activity of agents and legislates for robust, independent safeguards and oversight. The Government have set out clearly why this legislation is necessary to lift and remove any legal uncertainty. There must be no doubt in the mind of a handler, the agent themselves or the organisation responsible about the legal status of what an agent has been ordered to do.

Being from Northern Ireland, my experience as a Member of Parliament for Belfast North for more than 18 years has brought home to me the importance of the proper use of agents in combating terrorism. The recent report of the Intelligence and Security Committee illustrates the very serious threat of terrorism that still pertains in Northern Ireland, where the threat level is set at “severe”. Without covert agents, the safety and security of citizens in that part of the United Kingdom, as well as elsewhere, would be gravely impaired. Often agents in Northern Ireland have had to join an illegal paramilitary organisation, or people within those organisations have had to undertake, at great risk, activities which have been of enormous benefit to the state. These acts are, of course, illegal under normal circumstances, but it is a clear example of what would warrant a criminal conduct authorisation.

Of course, such authorisations must always be for precise and specific purposes, and the Bill sets out very clearly three such purposes. I welcome the fact that the Bill states that at all times there must be compliance with the Human Rights Act. The role of the Investigatory Powers Commissioner is also set out. Robust oversight is crucial, and I welcome the unfettered access that is permitted under the Bill to all documents and information. However, we need to examine carefully in Committee the organisations that are covered in the Bill, and I look forward to discussion in Committee on that. This is about saving lives. It is a sad fact of life that agents are necessary, and I fully support the Government at Second Reading.