(1 year, 2 months ago)
Lords ChamberI hope my noble friend is listening, because I hope he will realise that he too is an inheritor of a great Conservative tradition; we must not be a Government who turn our back on that. Of course, the problem that the Bill is seeking to deal with is real, but it can be dealt with using a greater degree of sensitivity, generosity and, I dare say, Christianity. I urge him to take on board the points that have been made this afternoon, particularly by the noble and learned Baroness, Lady Butler-Sloss.
My Lords, I will return to the amendments, particularly Amendment 22. I think that the Committee will permit me to refer briefly to the impact assessment argument, because it has a particular relevance to Amendment 22. The charity Safe Passage, some time after the Bill was first published, sent a freedom of information request to the Home Office to ask about the number of unaccompanied children who would be affected by the Bill—that is to say, those arriving in the UK through irregular means, including via small boats. The response stated that
“the Home Office does not hold the information you have requested. Whilst our reporting centres can ascertain the age of someone at the point of an event, we cannot establish from our electronic datasets who is accompanied or unaccompanied”.
That means the Government have no idea of the number of unaccompanied children that will be impacted by the provisions of the Bill.
I do not think that I need to say any more—because the argument about the impact assessment has been well aired already—except for one further thought. If the Government have no idea what the effect of the Bill will be, or any particular part of the Bill, I do not understand why they are putting it forward. That point has already been made, but it still puzzles me.
The point of my amendment is to exempt from inadmissibility claims for unaccompanied children, as has already been referred to in some of the other amendments. Under Clause 4(2), those claims will not be considered; they will have no right of appeal; and there will be no possibility of considering such a claim. Although the argument has already been put forward in some of the other amendments, it is a fundamental point, because the children from the countries with very high grant rates for refugee status are forced to make dangerous journeys because there are very limited options for safe routes to the UK. Many of the children come from those countries, and, of those children who have had their cases determined, the vast majority were permitted to stay and rebuild their lives in the UK under the present legislation. That means that the equivalent of those children who are now coming would not be allowed to stay, regardless of the merits of their claim under either the 1951 Geneva convention or the Convention on the Rights of the Child.
I want to make two or three other points. If a child is to be removed on reaching their 18th birthday, unless they are actually in detention they will quite sensibly say, “I do not want to go back. I am frightened of going back to where I escaped from”. They will disappear—of course they will. We would all do that if we were in their position; we would not hesitate. It seems to me that we are in danger of saying that we are going to lock them up until their 18th birthday before removing them. It is a preposterous policy.
The Government’s history on children has been somewhat mixed. I remember in the 2016 Act I put forward an amendment for unaccompanied children to come here, and it eventually passed both Houses—it went back once or twice—and became part of the Act. The Government then said: “Ah, but it applies only to 480 children”. That was an arbitrary figure, plucked out of the air, for which there was no rationale at all, except that the Government said that local authorities could not provide foster places, which was quickly disproved.
We then got on to the 2017 Act, at the time when the future of the Dublin treaty—or certainly the parts under which asylum-seeking children in one EU country could claim to join their families in another EU country—was in jeopardy. We passed an amendment in this House that the Government should negotiate to retain the provisions of the treaty. That was eventually accepted, having gone through both Houses. In the 2019 Act, the Government simply removed it. Without wishing to go into long periods of history, I was incensed about all these things but particularly incensed about that.
An upshot was that I was invited to a meeting with three government Ministers and seven officials, including one from the Cabinet Office, to engage in a discussion about the rights of children. I found that quite flattering—I thought the odds of 10:1 were quite favourable to me, given who was on the other side. I was given assurances. One of the Commons Ministers said: “Don’t you trust me?” I looked him in the eye and I lied: “Yes, I trust you, but I don’t trust the Government”—so it was half true—“And anyway, who is to say that you will be in your job in few weeks’ time?” He was not; he was moved on, and I am not sure whether he is in the Government now or not. But I was given certain assurances that were not adhered to, and the number of unaccompanied children who came fell rapidly from that point on.
The Government have in the past given assurances about unaccompanied children and they simply have not stuck to them. That is why I believe that this amendment is important. It will protect the rights of some of the most vulnerable young people fleeing from appalling horrors such as war, enforced conscription into armies, threats of torture and parents being killed. These are terrible things, and we are saying to them that it they get to this country other than by a prescribed route, of which there are hardly any, we will not consider their claim. That is appalling.
(2 years, 4 months ago)
Lords ChamberMy Lords, I just want to make three very brief points. First, I strongly agree with my noble friend Lord Kirkhope that ping-pong should not be an endless game. We should focus today on the two things which are recent and have come to our attention since the Bill came before us.
The first is dealt with by Amendment D1, tabled by the noble Baroness, Lady Lister of Burtersett, and supported by my noble friend Lady Stroud. The Government have very rightly said that Ukrainian refugees should be able to work when they get here—so they should. We do not need a different policy for other asylum seekers—a point made very eloquently by my noble friend Lady Stroud. I think we can focus on that today.
The other thing, of course, concerns Rwanda, where I strongly sympathise with the points made by my noble friend Lord Hailsham. Whatever the merits or otherwise of the policy—and I strongly sympathise with the brief but trenchant intervention of Theresa May in the other place—it ought to be for Parliament to make the ultimate decision. To my mind, the right reverend Prelate’s amendment is far too long; my noble friend Lord Hailsham’s is straight and to the point. If we are to deport asylum seekers from this country to a third country, it should be with the approbation of both Houses. I hope this House will not indulge in too many votes tonight because we have to observe, as my noble friend Lord Kirkhope said, the constitutional conventions and proprieties which mean that ping-pong should not be an endless game.
My Lords, I support the bulk of these amendments, particularly the Motion moved by my noble friend Lady Chakrabarti. I want to make some very brief comments because this is not a Second Reading debate, thank God.
I think the Minister said that the practice of claiming asylum in the first safe country one reaches is accepted Europe-wide. I would challenge that because the bulk of the refugees who have come to Europe have come through safe countries, whether they are the 1 million Syrians who went to Germany or the Ukrainians who are on their way to this country and elsewhere. That proposition, I am afraid, does not stand.
One theme that I have noticed in the debate this afternoon is the question of the validity of the 1951 Geneva convention. The Government, while accepting the convention in theory, seem to be challenging it all the way along the line. When the United Nations High Commissioner for Refugees makes a statement about the Geneva convention, we should be very careful before we challenge it, because who else has the international authority but the keeper of that convention: namely, UNHCR? When the UNHCR is critical of what is happening as regards Rwanda, we should listen to it.
(2 years, 5 months ago)
Lords ChamberMy Lords, I never thought that so many different sorts of opinions would come out of the woodwork. It has been absolutely fascinating. The arguments have been somewhat different from the last two or three times we debated this issue. I just want to comment on them briefly.
As regards the voting list—this is a technical point—my understand is that there is no obvious way in which when we register we can declare that we are Members of this House. Somehow, in some local authorities, the polling clerks are aware of it but, in others, they are not. I am always mystified by that; it is not clear. I have known of people who have not been debarred from voting and could have gone to vote—they did not do so but they could have—simply because it was not obvious to the polling clerks that they were Members of this House.
On my noble friend Lady Quin’s comment about Members of Parliament, again, it is purely a technicality that they cease to be Members of Parliament during the period of an election campaign. Nobody knows about it except for a few nerds like us—sorry, nerds like me. It just means that they are technically not MPs. However, for all practical purposes, of course they are; they still get representations made to them, constituency casework and so on. Even during the election campaign, they cannot just say, “No, I’m not prepared to do it.”
The noble Lord cannot get away with that. When Parliament is dissolved, as distinct from being prorogued, the House of Commons does not exist and everyone must seek election or re-election to it. As the noble Lord knows only too well, there are occasions when Members of Parliament lose their seats—so of course it is right that they should have a vote for somebody in Parliament when there is no House of Commons. He is really not giving the argument the justice it deserves.
(3 years, 7 months ago)
Lords ChamberMy Lords, I welcome the opportunity to speak to the amendment. I speak, of course, as a member of the Joint Committee on Human Rights, a position I share with my noble friend Lady Massey, and her amendment reflects very effectively the concerns of the committee about this issue—although the committee was, of course, also concerned by a whole range of other aspects of the Bill.
I can be very brief, but it can surely never be right for the state to authorise the gravest of crimes: torture, murder or extremes of sexual violence. That is the basis of this amendment, which I therefore fully support.
The Government have said that if we set limits on the offences to be covered by the Bill, that will risk that agents could be tested by the groups that they have infiltrated—in other words, that they would then challenge the CHIS, if they suspect them to be a CHIS, to commit one of those offences and therefore he or she would be revealed. As has already been said, other countries have the same safeguards: the United States, Australia and Canada. They already place express limits on the crimes CHIS can commit. If that works for the security services in Australia, the United States and Canada, it can surely apply to us.
The Government have said that the limits can be safeguarded by the Human Rights Act. Frankly, that is not certain at all. The Government have been hesitant about the Human Rights Act anyway, and I believe—the Minister may confirm this—that the Human Rights Act does not apply to abuses committed by agents of the Government. There is concern that this aspect of the Bill may be relevant to criminal conduct authorised overseas. That is a very dangerous situation indeed, and again I would welcome the chance to hear from the Minister whether or not that is so.
The Government produced comments on the report of the Joint Committee on Human Rights, and in particular said that we cannot go down the path of Canada, the United States and Australia because they are not under the European Convention on Human Rights and we are. That is not a straightforward argument. Canada has its own version of the European Convention on Human Rights and the United States has its own Bill of Rights, so it would be wrong to say that they are not protected by a human rights convention such as covers us. That is not a very good argument. In any case, in the United States, the FBI, as we are learning from the events of last week, has thousands of agents each year operating within terrorist and mafia groups which pose grave threats to the public, yet the United States places express limits on what crimes the FBI’s covert agents can commit.
The amendment is a proper one; it is a proper safeguard; it is something that those of us who believe in human rights would say ought to be there. We need the extra protection of the amendment: the Human Rights Act itself is not sufficient.
My Lords, like the noble and learned Lord, Lord Hope of Craighead, I believe the amendment could be improved; nevertheless, like him, I support it. I support its basic principle. I support what the noble Baroness, Lady Massey of Darwen, said.
I was very glad the noble Lord, Lord Rosser, began by paying tribute to the police and those who keep us safe, following that splendidly spirited speech from the noble Baroness, Lady Manningham-Buller, on Monday, when she talked about the bravery of many who serve in the Secret Service. All that I endorse, but it cannot be right for the state to connive at the committing of heinous crimes: rape, murder or torture. I tabled an amendment in Committee specifically citing those crimes. When I saw the amendment of the noble Baroness, Lady Massey, on the Order Paper, I decided not to resubmit mine because she seemed to have covered it.
The noble and learned Lord, Lord Hope, made a wonderful forensic demolition of the Government’s citing support for resisting amendments such as this from the Human Rights Act. That really does not wash. I am bound to say that, in the various conversations I had with officials in the Home Office—I again thank my noble friend for making them possible—the only area where I felt the defence was very weak was in the opposition to an amendment along these lines. We have heard colleagues cite Canada and Australia, and again surely we cannot say that what has worked for almost 40 years in Canada without any apparent obstacle could not work here.
We are a civilised country that always proclaims its belief in the rule of law, the prime requirement of which is to defend all our citizens—hence this unpleasant but necessary Bill—and I submit to your Lordships that it would be completely wrong not to have a brake on the powers that a CHIS can be given. We have seen in the rather unpleasant stories that have come out in the recent inquiry, where women have been seduced when organisations that do not place the state in danger have been infiltrated, that things can get out of hand. I do not want to be part of any endorsement of the commission of murder, rape or torture. That is why, although I believe the amendment can be improved during ping-pong, if it is put to the vote, I will support it.
My Lords, I first raised this issue at Second Reading and I tabled an amendment in Committee.
I very rarely disagree with my noble friend Lady McIntosh of Pickering, but the logic of her argument is that you cannot tackle crime without giving a multitude of bodies the opportunity to enlist people to commit crime. I just do not accept that. I have deleted the bottom five organisations in the list—the ones on which, as the noble Baroness, Lady Hamwee, said in her admirable introduction, people have focused most attention by asking, “Why are they there?”
I completely understand the argument about police forces and the National Crime Agency, et cetera. Having had conversations with officials in the Home Office and HMRC, I even understand the introduction of HMRC into the Bill, but, for the life of me, I just cannot see why, as the noble Baroness, Lady Chakrabarti, said a moment or two ago, police forces cannot deal with such bodies as the Environment Agency, the Food Standards Agency and the Gambling Commission.
Having a proliferation of bodies that are able to sanction people to commit crimes sends out a very bad signal. We take pride in our police forces and they should of course have the resources necessary to investigate all manner of crimes. People who commit crimes, whether within the orbit of the Environment Agency or the Food Standards Agency, should be brought to justice and punished if they are found guilty. But I just do not see a justification for this long list in the Bill. I very much hope that, when the Minister comes to reply, she will be able to convert and convince me, but I really do not think that she will. Whether I move my amendment to a vote will depend on what I hear, but I give notice that I might.
My Lords, it is a pleasure to follow the noble Lord, particularly as on this occasion, as quite often, I find myself in agreement with him.
When I listened to the noble Baroness, Lady McIntosh, I initially thought that there was something in her argument. Then I pondered again for a moment or two and decided that this was not an acceptable way of going forward, particularly as we could get into the position of mentioning a lot of other agencies and public bodies, all of which might have a similar claim to being included in the Bill as some of these have. It is going too far. When this issue got to the Joint Committee on Human Rights, we were quite puzzled by it all. I noticed that the media—certainly the national newspapers —had fun at the expense of the list.
I do not think that we can justify it. If we said that every public body had the right to be included in the list, that would be absurd. We should confine ourselves to bodies that deal with fighting serious crime and terrorism—major national and security issues. As I said, I think that this has gone too far. When I first heard about the list, I was not inclined to take it too seriously, but then I saw it on page 4 of the Bill. It does not seem to be a good idea, and I very much hope that we will pass one of the amendments that cleans up the list and makes it smaller and more sensible.
(5 years, 4 months ago)
Lords ChamberMy Lords, extensions are clearly the flavour of the day. We at least know the exact date for this one. However, I regret this infinitely. I am extremely grateful to my noble friend for what he has said on the Floor of your Lordships’ House and in private conversation. I do not for a minute doubt his total commitment. However, it really is not good enough that we have to keep revisiting this matter.
The history of our country over the last year would probably have been different had we had a Northern Ireland Assembly functioning where people would have been able to express the view of the largeish majority recorded in June 2016. We touched on this before. As it is, we have heard only one view and one voice in parliamentary assembly. The only parliamentary Assemblies we have been able to hear are your Lordships’ House and the other place.
Several times, a number of us, including my noble friend Lord Trimble and the noble Lord, Lord Alderdice —neither of whom is here at the moment—have strongly endorsed the plea that I have made many times to my noble friend. Can we at least make some real progress by having the Assembly meet? Of course, it is a second best to having the Executive as well. We all recognise and acknowledge that. The sooner we can have an Executive, the better. Until we do, why can we not have an Assembly—the Members of which are paid; I am not complaining about that—meeting in Stormont and able to discuss the issues of the day, even if they will not have the legal authority they would have if we had fully restored devolved government? We touched on one issue only a week ago when we were talking about flags. The noble Lord, Lord Bruce, moved an amendment to the Motion, which I was happy to support. I yet again ask my noble friend to please do his utmost to persuade the Secretary of State that this really would give out a signal that would be warmly welcomed throughout the United Kingdom and, I believe, Northern Ireland. It is not impossible; it should be done.
I very much hope that my noble friend will also be able to say something about progress towards appointing some highly respected neutral individual—I hate the word “facilitator”—who would be able to try to move things on towards the restoration of the Executive. I make no criticism of anybody’s integrity, but the perception, because of the official link-up between the Government and the DUP, is that the Government are somehow involved in partiality. I do not believe it—I certainly would not believe it of my noble friend in a thousand years—but it is a perception, and perceptions are important. Therefore, to have someone who would command the respect of all potential participants could be only helpful. When he comes to reply to this brief debate, I ask my noble friend to be kind enough to touch on both those points.
My Lords, I have a lot of sympathy with the points made by the noble Lord, Lord Cormack. It is sad to have to yet again ask the Minister why the Government cannot do what is so obvious: to appoint an independent person—call it what you will—such as Senator George Mitchell, who will bring the parties together. I have talked to Sinn Féin and to the DUP—they all blame the other side. That is understandable in the present situation, but surely we need a new initiative. I understand what the Minister said about calling people together in Belfast, but surely we can appoint a person. I understood that there was sympathy for that proposition from the Government and the Irish Government. Why can we not just do it?
The present situation is absolutely intolerable. We are relying on civil servants to make the decisions. They, having been challenged once in the courts, will understandably be cautious about not breaking new policy ground. It is a natural reaction and I do not criticise them for that, but we are in a really difficult situation. I cannot think of any situation in the last 100 years or maybe longer—I am sure that there are historians here who can give me a better perspective on this—where there has been no democratic recourse at all for a part of the United Kingdom. The people in Northern Ireland have nobody to go to when they want to challenge government decisions. It is intolerable that there is no way forward at all. In the past there has always been some form of Administration, whether direct rule or a devolved Assembly. It is a unique situation that, for two years, there has been no democratic accountability at all. There is a total democratic deficit, and that has to be dealt with, because it is critical.
The suggestion from the noble Lord, Lord Cormack, of getting at least the Assembly Members together might do it, although I doubt whether they or even the committees would have the authority to make decisions. Maybe they would; it is at least worth exploring.
The Minister will be aware that this question is coming: could I press the Government on an area where no decisions are being made? I had a letter from the Immigration Minister to say that it was impossible for Northern Ireland to accept unaccompanied child refugees in the absence of an Administration at Stormont. I have talked to people involved in local authority and health board decisions in Derry and Belfast. They all say that there would be a willingness in Northern Ireland to take unaccompanied child refugees. I cannot understand why that cannot happen. I am told that the only way is a judicial review. That is a cumbersome, costly and miserable expedient. Surely the Minister could suggest something better. We have the Home Office desperate for unaccompanied child refugees to be given foster accommodation in the United Kingdom and Northern Ireland people are willing to do it, yet between the two of them nothing is happening. Please can we get on with this?
(9 years, 6 months ago)
Lords ChamberMy Lords, it is the turn of this side; I live there. Is it not shocking that parts of the national park—one of the most beautiful national parks—have to be sold off as a result of government cuts? Is there not a problem that, in a further sale of the land, the Lake District planning people might well give a more relaxed permission in order to get half the money? Is it not rather unhappy that we are doing this at all? Surely we should adamantly say that the Lake District is not for sale to the highest bidder.
(11 years, 1 month ago)
Lords Chamber(11 years, 1 month ago)
Lords ChamberI understand what the noble Baroness is saying, but my point is not illogical. People have argued in this House that we should not make this change without changing a lot of other things. I have argued that that is not right; I have argued that we need to change only this one thing in order to achieve the aim that I am talking about. I should repeat that this proposal is not linked to any other reforms of the House. A single change should not be conditional on changing everything else.
I admit that I feel emotional about the issue; perhaps that is an unusual sentiment to express here. To me, the right to vote is an enormous privilege, but it is also a crucial aspect of democracy. People have died for the right to vote in our history—the Suffragettes. This is not on a level with the right to vote for women, but it is still a point of principle.
In most general elections, I have campaigned actively in a number of constituencies. It is quite frustrating that, having spent my days knocking on doors and trying to get Labour colleagues elected to the House of Commons, when it comes to vote, I cannot take part. Sometimes, if the general election coincides with local elections, I can get one ballot paper but not the other.
Was the noble Lord not aware of this when he accepted his peerage?
Yes, my Lords, I was aware of it, but one has to arrive at a balance. Should I have said, “No, I am not prepared to accept the privilege of being here because I cannot vote in general elections”? My feeling is that it is better to get here and try to achieve the changes by using the arguments. I think that that applies to many of us. Even the noble Lord, I am sure, is not ecstatically happy about every aspect of our procedures here, but that did not stop him coming here and he is a very welcome Member of this House, even though I occasionally disagree with him.
My Lords, it has been an interesting Friday morning. The debate has been good tempered, but has extended well beyond the very narrow purpose of the Bill. I suppose, if one says anything about the future of the House, one can get into a debate about everything to do with the future of this House, which is something I have tried to resist.
I will comment briefly on one or two of the contributions. My noble friend Lord Wills argued that this change should be part of a wider package of changes, and that I should add it to another Bill. That is, of course, exactly what I did when the Steel Bill went through. I did precisely what he said before I had the benefit of his advice and it was rejected on the grounds that it would make the passage of the Steel Bill too difficult and my proposal should stand on its own. I am getting conflicting advice on that. I did what he suggested some time ago and it did not work, which is why I am doing it this way.
The noble and learned Lord, Lord Brown, rightly put forward an argument of which I was not aware, about members of the Supreme Court. It is yet another instance of where we are in an entirely illogical position. In arguing for a little bit of logic, I do not think that I am being out of order. My noble friend Lord Parekh gave us a good historical sweep and was the first—apart from Disraeli—to talk about money Bills.
I have very high regard indeed for the noble Lord, Lord Cormack—I have known him for a long time—but I am not sure that the slippery-slope argument is a good one. It has been used by opponents of change since the beginning of time.
I just point out that if that argument has been used, it was not used by me.
In that case, I misunderstood; I thought that the noble Lord was using the argument himself. However, I very much agree about the power of the Executive and that it is up to both Houses to contain the power of the Executive—so I am with him on that, even if we have a difference of opinion about the Bill itself.
I am delighted that my noble friend Lady Hayter was supportive of the Bill. I pay tribute to her long political experience, with the Fabian Society and elsewhere. She said something about the 5 July anniversary of the start of the National Health Service. If I may trespass on the time of the House, I was in hospital on that day, in Stockport Royal Infirmary. I was quite ill, and I was the only child in the ward. In those days, when the consultant came around, one had either to stand or lie to attention because that was the discipline. A consultant and his big team came along and looked at me, and I asked, “Are we having a party?”. He looked at me as if to say, “How dare you speak before I have spoken to you?”, and then said, “Why?”. I said, “Well the hospital is ours today. We should have a party”. He gave me a dirty look and walked on. I felt that I had made my contribution to the health service at that time. I apologise for digressing a little but, but other noble Lords have digressed as well.
Finally, I did not think that the noble Lord, Lord Wallace of Saltaire, would disappoint me quite as much as he did. Without wishing to be impertinent in any way, I feel that his heart was not in it. I think that, in his heart, he knows that I am right and he is wrong. It showed. I know what it is like being a government Minister. One has to defend things that are sometimes difficult; I have done it myself, although never quite to the extent that the noble Lord has done it today.
On the cherry-picking argument, and this is nothing to do with the Bill, I understand that if we were to move to an elected second Chamber, of course we would have to deal with issues like the primacy of the Commons, methods of election and so on. It would be a whole package of measures, as was evidenced in the Government’s Bill that did not get anywhere. However, if we had the vote in parliamentary elections, nothing would change in this House except that we would have the right to vote. It would not affect the way in which we operate, it would not affect our legitimacy and it would not affect our debates or anything else. It stands entirely on its own, so as to the argument that I was cherry-picking: if there are only cherries on the tree, that is all that one can do. That is not a valid argument.
This issue stands entirely on its own. It need not, should not and does not have any connection with any other aspects of Lords reform. We might throw it into a wider Bill on Lords reform, as I have tried to do, but I would argue that we should get on with it. Let us make this change. I believe that there is overwhelming support in this House and in the Commons for this. Of course, the difficulty is that it only takes one government whip to say, “Object” on a Friday, and that has killed the Bill. That is the problem in the Commons. If the Commons was allowed by the Government to have a go at this, I believe it would overwhelmingly support it, as I believe that this House would overwhelmingly support it. However, the difficulty with Private Members’ Bills is that they can be too easily blocked in an undemocratic manner.