(2 weeks, 6 days ago)
Grand CommitteeMy Lords, I declare my registered interest as a member of your Lordships’ Secondary Legislation Scrutiny Committee, in which we considered this SI in some detail. I welcome my noble friend to the Front Bench. We well recall him serving as a Minister in Northern Ireland; in fact, I succeeded him in the Department for Social Development and I remember the handover meeting very well. The following day, he went off to be a Minister of State here.
I welcome this statutory instrument. It is important that we move to a normal society in Northern Ireland, that the proceeds of crime are adequately addressed and that people refrain from crime in Northern Ireland, where we have the association of crime with paramilitarism. They are two scourges in our society that must be eliminated.
I have certain questions for my noble friend. While this is a reserved matter, the code is to be published by the Department of Justice in Northern Ireland. When will it publish the code, and will it be by way of a statement in the Assembly? Maybe there has already been one. Is an assessment available of the success of the Proceeds of Crime Act 2002 in Northern Ireland? I realise that will require a detailed answer, so I would be content if my noble friend could provide one in writing. I note that there is no impact assessment; can he indicate why? Will the police resourcing of the implementation of the code come out of the Northern Ireland block grant? There is a little difficulty there in that policing resources in Northern Ireland, in both funding and people power, are gravely overstretched.
My Lords, there is obviously a conspiracy here: the people running the Football Governance Bill have obviously decided to keep us all occupied here so that we are not dealing with them. Perhaps we should go into the Chamber later and see if we can make a contribution.
There are two sides to this: the devolved issue and the national issue. I want to explore the interface between the two and ask whether, as the noble Baroness, Lady Ritchie, mentioned, there is a resource implication. In other words, are any additional resources required? With crypto assets and so on, we are dealing with very sophisticated people who have access to complicated software and things like that. Are we capable of dealing with that as quickly as we can?
As the Minister responsible for this order, I have not had any discussion with Naomi Long or the Department of Justice on these matters, but I hope it will give some confidence to my noble friend to know that it is my intention to meet our counterparts in Northern Ireland. My right honourable friend the Home Secretary has, I believe, already met the First Minister and Deputy First Minister, and I intend to do the same. I have a potential visit to Northern Ireland planned for the new year to discuss areas of mutual co-operation. I will make sure that this issue is raised as one of many items on the agenda of any future meeting in January. With that, I commend this order to the Committee.
Will the Minister reflect again on the resources issue? If he does not have any material to hand, he could write to us, which I imagine would be easily achieved.
(7 months, 1 week ago)
Lords ChamberMy Lords, I believe that immigration in this country is out of control and has been for some time. I think the numbers are far too large. If we look at the difference in the rates of immigration since we left the European Union, we see that, far from taking back control, we have lost control—and the numbers justify that. However, that is not the point I wanted to try to raise tonight—and I am not going to get into the cop business because I think that is dangerous.
We have seen cases where people who should have been put out of this country because of convictions—including even some very serious convictions for sexual and other offences—have had their deportations stopped because of, perhaps, a right to a family life. I want to raise a particular case. While the system may be intended to try to curtail immigration, the side effect has been that, where somebody behaves properly and plays by the rules as set out, they are in a worse position in many cases than somebody who tries to enter this country illegally, or somebody who has managed to get in, committed criminal offences and still has their right to a family life protected.
The noble Baroness, Lady Hamwee, mentioned a case where it was said that the resident here could go to the other country and work there with their partner. However, that does not work if the individual is registered as disabled. The particular case I want to draw the House’s attention to tonight is that of Mr Barry Ferguson, in Newtownards, County Down, who is registered as disabled because of an autoimmune illness. He has two children with his partner, who is a Malagasy national. He has been bringing up his children in Newtownards, where they are at school, and who are there without their mother. The arithmetic, whether we have the high level or the low level, would be utterly irrelevant because they cannot meet the criteria. We have been dealing with their case for the last couple of years.
It frustrates me because, while I fully understand the Government’s desire to reduce immigration, we are taking a blunt instrument to a family situation. People find themselves trapped because, if they do things legally and in the right way, they are effectively being punished, while people who pay no attention to the rules seem to get away with it.
I say to the Minister that, while it is probably unusual to bring individual cases to the Floor of the Chamber, Mr Ferguson has gone to his Stormont representative, my colleague Mike Nesbitt, to try to get help from his office for the last couple of years, and we are up against a brick wall. I would greatly appreciate, on behalf of Mr Ferguson and his family, if the Minister would take up this case—I will provide him with the details. It is clear evidence to me that having children be brought up in the United Kingdom without their mother, who cannot get in, is entirely unacceptable. I would appreciate a response from the Minister when he winds up.
My Lords, I think personal stories illustrate the broader point. I am pleased to stand in solidarity with these regret Motions and will not repeat much of what has been said, particularly about the lack of impact assessments and consultation in these matters.
I met a man last week, in Leeds, who is coming up to 80 and who has been married for 27 years, and his wife is not able to join him. They have been separated now and it is just miserable—I cannot imagine being in that situation myself. There are parts of Leeds where the average income is £27,500 a year. This is fundamentally discriminatory in that, if you are from the poorer end, your love counts for less than if you are more affluent. This cannot be just; it cannot be right in a society that we would describe as fair and just.
I do not want to prolong this, so I will put another question, as much of what I wanted to say has been said. It is a genuine question and I do not know the answer—there might be a perfectly good one. We are seeing in our universities a drop in numbers and, at the same time, a real financial crisis. Has any assessment been made by the Government as to whether there is any link between these two phenomena?
(7 months, 1 week ago)
Lords ChamberI am afraid I do not have that information to hand. I will see whether I can find it, and I commit to write to the noble Lord if I can.
I turn to other aspects of the various questions I was asked. The noble Lord, Lord Hussain, asked about individuals who were previously present in a safe third country and entered the UK by a dangerous and unnecessary method. I am afraid that they are liable to relocate to Rwanda. It is an ongoing operational matter, so I am unable to provide a running commentary on individual numbers or cases.
In answer to the comments by the noble Lord, Lord Coaker, about colleagues, I note that he now has a colleague who says:
“Don’t trust Labour on immigration they really want open borders … The Government wants to close legal loopholes … Labour seems intent on creating them”,
and
“Labour … are not serious about stopping small boats, tackling criminality, protecting people from the smuggling gangs or saving lives in the Channel”.
What on earth did the colleague mean by all that? I think the noble Lord knows.
As I hope I have made clear, the Government recognise the crucial importance of having in place a robust operational plan to deal with individuals who have outstanding asylum claims in the UK. We are getting on with the job; we will have a lot more to say on this subject, and I expect to be questioned on numerous future occasions on this very subject. I have little else to add.
The Minister did not manage to answer the question from my noble friend Lord Rogan about the situation between the United Kingdom and the Irish Republic. I am sure he would appreciate an answer.
With apologies, I did mean to, but for obvious reasons I cannot comment on the internal policies of another country, and I do not think it would be appropriate to do so in this case.
(1 year, 5 months ago)
Lords ChamberOf course, I do not have those statistics to hand but they are available on the GOV.UK website. The latest statistics release, covering 1 January 2023 to 31 March 2023, shows that during that period 3,793 people arrived in the UK having crossed the channel by small boat. The next quarter of statistics is due to be published on 24 August 2023. As the noble Lord is aware, the Home Office needs to ensure that information intended for publication meets the standards and requirements set for departmental publications.
Can the Minister explain how this wretched illegal trade is allowed to be conducted in broad daylight from the shores of northern France? What would the situation be if the boats were going in the opposite direction? Would we allow the south coast to be used as a trading post for this illegal trade?
I thank the noble Lord. The answer is clearly that we would not, and I agree with the sentiment of his question.
(4 years, 4 months ago)
Lords ChamberI shall not guess at the answer to the last question because I simply do not know. The usual checks when obtaining a visa will be made. The noble Lord will know that, from our point of view, the UK’s extradition treaty with Hong Kong has been suspended indefinitely until the UK is sufficiently assured that the new NSA established by China in Hong Kong will not be able to initiate extradition requests to the UK and that extradition requests will not be sent in relation to the newly created offences under the national security law.
By what authority did the Government unilaterally take a decision that could, in extremis, increase the population of this country by in excess of 3%? Have we learned nothing about the treatment of large-scale immigration measures that have coloured the debate on this matter for so many years?
My Lords, I think I explained at the beginning that this offer reflects the unique and unprecedented circumstances in Hong Kong and the UK’s historic and moral commitment to BNO citizens. It is outside the normal immigration legislation that we have in place.
(7 years, 8 months ago)
Lords ChamberMy Lords, Members may be familiar with this theme, to which I have returned on a number of occasions, including via a Private Member's Bill. It follows the principle that persons who have been engaged in criminal activity, persons who have been engaged in activities contrary to human rights and persons who have been involved in terrorism and who have attacked this country consistently over a long period should not have access to their assets without the opportunity for victims of the activities of those individuals, organisations or, in this case, the state to have those assets forfeited to the extent of the injuries inflicted.
The position is very simple: for many years, the state of Libya supplied terrorists with material, primarily in the form of Semtex. It provided training and logistical support. It provided boatloads—literally—of weapons. It provided the arms, training and logistics for a terrorist organisation. Many persons in the United Kingdom were injured and suffered great loss as a direct result of that activity. If we are contemplating a Bill which has a section in it dealing with terrorism, that seems the perfect opportunity for Her Majesty’s Government to deal with this matter.
I know that the Minister will say, “Oh, but there’s a United Nations resolution, and there are resolutions of the European Union”—I am sure I could read out her reply blindfold. However, the United Kingdom is a permanent member of the Security Council. We are a member of the European Union. At this point in time, after years and years, we have not even asked our European partners or the United Nations for any variation whatever on the asset-freezing resolutions to take account of the humanitarian needs of our own citizens. Other countries—the United States, France, Germany and Italy—have all had compensation paid to their citizens as a result of terrorist activity. We are the glaring exception, despite the fact that more people have suffered in this country than in any other—there is no argument about that.
I have been writing to government since 2002. My first letter was to Tony Blair; it was replied to by Mike O’Brien, at that time in the Home Office. I have had letters from Prime Minister Cameron. We had letters from the noble Baroness, Lady Warsi, when she was at the Foreign Office, the noble Lord, Lord Howell of Guildford, and other Ministers in Administrations of all parties. The Minister may be aware that a group of us from all parties is pursuing this issue in both places. Even today, I know that efforts have been made by an all-party group of Back-Benchers in the other place to go to the Backbench Business Committee to see whether they can get support for a debate. I know that the honourable Member for Poplar and Limehouse, Jim Fitzpatrick, whose patch includes the site of the London Docklands bomb, is active in this and introduced a debate in Westminster Hall early last year.
There is a broad swathe of support for the measure in your Lordships’ House because it passed my Private Member's Bill, the Asset Freezing (Compensation) Bill, last year. That has unfortunately been stalled for three solid months in a row using the procedural device of objecting in the other place. It is now scheduled to come up on 12 May but I have no doubt that it will be blocked again. The reason is that last summer we went to see Treasury and Foreign Office officials and we challenged them. I also went to the Northern Ireland Affairs Select Committee to hear evidence from former Foreign Secretary Jack Straw. That was very revealing. His reaction was, “These people were compensated”. That is technically true but they were compensated by the British taxpayer, not the people who perpetrated the acts or provided the material to attack them. That was a perverse position. It seems that there has been the most bizarre attitude over the last 15 to 20 years. Where would you get a situation in this day and age where another country would conduct a proxy war against you, injure your citizens, and you ignore it?
We happen to know that there are £9.5 billion of assets attributed to the Libyan regime headquartered in London. We should ask our colleagues in the United Nations and the European Union to see if we can even take a lean against part of those assets to help our own citizens who were injured as a result of this activity. The Bill is another vehicle where this is consistent with the principles behind it. It is consistent with justice and with the fact that the people who supplied that material were in severe breach of all human rights legislation that you could imagine. Some of the most terrible injuries were inflicted by these people. Part 2 of the Bill would extend the measures such as disclosure orders to apply to terrorism investigations. We see it talk about gross human rights violations, and seizure and forfeiture powers. The principles are all there in the Bill. We should use the scope of this legislation to deal with one of the most significant and long-running major injustices that has afflicted our people.
Also, Her Majesty’s Government should make some serious effort—I see no sign that it has been made heretofore—in the United Nations and European Union to get our partners to help us. I am all for asset-freezing and resolutions, and I understand that the Government cannot just act unilaterally. However, they have not even bothered to lift a finger for nearly 20 years. I find that unacceptable. The Bill provides a vehicle whereby we can seriously address and right a great wrong. I beg to move.
My Lords, I am grateful to the noble Lord for highlighting this issue. I pay tribute to his many years of work on counterterrorism matters. I am very pleased to be able to respond.
As we heard, Amendment 156 would impose a duty on the Treasury to prevent the release of assets of an individual that have been frozen under various legislative regimes by using “all action necessary”, including considering the use of a designation under the Terrorist Asset-Freezing etc. Act 2010. The Terrorism Act 2000, or TACT, already includes a number of criminal offences under Sections 15 to 18 for terrorist financing, including the use, possession or funding of assets in support of terrorist activity. Specifically, Section 23 of TACT provides for the forfeiture of money and/or property following a conviction for these and other terrorism offences. This means that assets can be frozen by way of a restraint order during the investigation and prosecution of such offences, and subsequently forfeited upon a successful conviction, ensuring that they are not available to terrorist organisations.
The element of the noble Lord’s amendment relating to compensation is also covered by paragraph 4A of Schedule 4 to TACT, which allows for the proceeds of the forfeiture of property to be paid as compensation to the victims of terrorism.
I thank the Minister for her reply. She referred to a number of powers in the Bill. I am all for those but they do not deal with the specific issues that I am trying to get at, where a state, or a representative of a state, has assets in this city, on a massive scale, that are frozen because of the United Nations resolution, which was followed by a European Union agreement, which, incidentally, was revised substantially in January last year. We have not addressed those issues. I am grateful that the Minister is going to take that back but dare I use the phrase, “I haven’t gone away, you know”? In the event that the Minister is unable to satisfy me on this matter, I reserve the right to bring it back on Report. With that, I beg leave to withdraw the amendment.
(9 years ago)
Lords ChamberMy Lords, I should first declare an interest as I spent eight years as a director of the Refugee Council before joining this House. Perhaps I should also add that I was a refugee myself, during my childhood. I am grateful to the many organisations that have provided ample briefings. It has been too difficult to read them all because so many came in, but they were very helpful.
I should like to make one or two general points. Immigration is such a hot issue. There are, indisputably, benefits to this country from immigration, but the problem is that those benefits are spread over many parts of the country and certain communities have resulting pressures on hospitals, schools, housing and so on. It ought not to be beyond our ability and skills to make sure that the communities that are welcoming and accommodating refugees, asylum seekers and immigrants should be helped with resources out of the benefit that goes to the country as a whole from our extra GDP.
It is important that we try to win public opinion as opposed to adopting a policy that is hostile to immigration and asylum seekers and says that we do not want them here. Of course we must have a sensible and controlled policy for immigration; of course we cannot have an open door. However, it is important that we try to win public opinion. It is somewhat ironic that, in recent years, Germany has become the conscience of Europe. We never thought Germany would set standards of human rights that would be a model for the rest of Europe.
It is important that we have a sensible way of distinguishing between asylum seekers, under the 1951 convention, and people who seek to migrate for economic purposes. There is confusion between the two, because it depends a bit on how effective our determination of asylum seekers is. I put it to the Minister that there are people who may not be deemed to be asylum seekers but who find it very unsafe to return to their countries. It is no wonder that some of them are desperate not to return—it is unsafe—no matter what asylum determination processes we have. We have to be careful of and sensitive to that. I have heard of people who just feel that it is unsafe for them to return, and they will hang on because of that.
I have a question about the devolved Administrations. Some measures will be transferred to the three devolved Administrations under SIs and I am not sure that they have been fully consulted or had a chance to consider the Bill. Will the Minister comment on that?
I want to talk about something that happened when the Bosnians came some years ago because it will affect the way in which we have Syrians coming here—not enough, but they are coming here. It is important that communities to which asylum seekers go, with the Government’s blessing, should be made to feel involved in the process so that they can be welcoming. When I was at the Refugee Council, we had some reception centres for Bosnians who came under the government scheme. I remember going to one in Newcastle. We had an open day for this centre, and we invited not just Members of Parliament and local councillors, but the police, the churches, the medical profession, community workers, voluntary organisations and so on. Altogether, it was a welcoming occasion, when the local community felt that they had a stake in the people who had arrived in their midst. I urge the Government to consider a model of that sort when looking at the Syrian refugees.
With the noble Lord’s experience, both personal and political, would he not agree that the concentration of such enormous numbers of people in small geographical areas is almost unmanageable? It is natural for people to gravitate towards those who come from their own background, can speak their language and so on. It is difficult to get any kind of distribution that would achieve the noble objectives that he outlines.
That is helpful. If I go back to my past with the Refugee Council, in conjunction with the Home Office at the time, we set out to have reception centres in various parts of the country—we worked with the Red Cross and other organisations—so that the numbers would be manageable in terms of local community involvement. In that way, we would not have a vast number coming—although we could have accommodated far more than we did—and they would be dispersed in various centres around the country to make the process sensible and manageable. From my experience, it worked. That did what the noble Lord said should be the objective and worked pretty well. However, that is in the past and I want to move very quickly to concerns about the Bill.
I am worried that cutting support for failed asylum seekers will lead to destitution. For the reasons that I have already said about it being unsafe to return to the country of origin, people will want to hang on here. Removal of the right of appeal against a Home Office decision to refuse or discontinue support for asylum seekers is not desirable. Indeed, I am also worried that the right of appeal exercised abroad will simply not work.
I received this big document, a fact book produced by the Government, only last night, so I have not had a chance to read it all, but it states:
“Making a migrant depart from the UK before appealing is not a new concept”.
The powers were there before in the Nationality, Immigration and Asylum Act 2002. But that does not make it right. An appeal from outside the country, without legal aid and without help, is very difficult to achieve.
As regards family reunion, where we have children here and other close members of their family are in other countries, it would be desirable to be generous in allowing such child refugees to sponsor their family members to join them. Maybe it goes the other way and they would want to go in a different direction, but we should make it possible for children here to be joined by their families. It would make for stability, would probably lower the cost of the whole process and would make sense.
Perhaps I may turn to detention. I should like to see an automatic entitlement to claim bail before detention starts; in other words, there should be a process whereby a person who is being detained should be able not only to apply for bail after a number of days, but that the process should get under way right at the beginning. Otherwise we have officials and administrators saying, “You will be detained”, and surely that goes against all our traditions. There should also be an upper limit on how long someone is held in detention before they can be bailed, even if the earlier claim does not apply.
I shall mention briefly two other points. There is tremendous concern on the part of the Government about driving licences. We do not have ID cards. That debate is for another day, but I think that as a country we were silly not to have them. The Government document states:
“UK driving licences can be used as a form of identification which can help an individual access UK services”.
We all use driving licences or passports time and again, so I think we have got ourselves into a muddle about this and we should not put the burden on people who have come here.
Lastly, of course it is difficult to remove people who have no right to stay here, especially given all the reservations I have expressed about some countries not being safe to return to. I am not sure that I have my facts right on the country, but I believe that some years ago Australia tried an experiment. If families are due for removal having exhausted their rights, they should be provided with personal support through people working with them. That is a way of getting their acquiescence in the removal process which the harsher regime suggested by the Government here does not achieve.
(9 years ago)
Lords ChamberThe noble Lord has asked me “at last” to acknowledge that, but I have previously done so and acknowledge again that London Luton Airport continues to be an important part of the UK plc airport offering. As he has just outlined, it has been a successful part of that contribution and I am confident that that contribution will grow in the months and years ahead.
My Lords, will the Minister not accept from me that even if a third runway at Heathrow or wherever were to be paved with gold, it matters little to some of us who cannot get access to it? The right reverend Prelate made the point about the comment made by the chief executive of IAG, which is only one comment. But the Minister will know of my interest in this matter; the regions do not have guaranteed access to a major piece of national infrastructure, and through European law the Secretary of State has no power to do anything about it and ensure access. Can the Minister revisit this issue, because it is fundamental? If it is a national piece of infrastructure, all parts of the nation should have access to it, but currently his department has no control over that.
I know that the noble Lord has raised this issue before and, again, I assure him that the Government have an answer to this. If a particular route is affected—for example, Gatwick to Newquay—the Government have stepped in when public concern has been expressed and have guaranteed support and financing for the route. We continue to ensure that all routes that need to be supported are supported. The Government take very seriously connectivity across the whole of the United Kingdom, including Northern Ireland.
(9 years, 5 months ago)
Lords ChamberThe commission report, which I recommend to my noble friend, considers all these areas. We are running near to capacity at Heathrow and at Gatwick as well, so the immediate task for the commission was to look at addressing those needs. The report also looks at further needs beyond 2050.
My Lords, it will be 10 or 15 years before any additional capacity is available. Meanwhile, our internal regional access to our one current hub at Heathrow continues to be at risk. Given that Europe controls the slot allocations at Heathrow, will the Minister give consideration to the Government positively pushing Brussels so that we can regain control over our own national, fundamental piece of aviation infrastructure?
(9 years, 5 months ago)
Lords ChamberI have never regarded the noble Baroness as being hard line in any respect. I am sure she will agree that it would be inappropriate for me to give a commitment at this time. The Government will evaluate the report, and we will come back on the way forward in the autumn.
My Lords, in view of the Minister’s Statement and the comments of a number of noble Lords from all sides of the House, can I look forward to the inevitability of government support for my Airports Act 1986 (Amendment) Bill?
I pay tribute to the consistent tenacity of the noble Lord in presenting his Bill. It has been discussed in this House, and he heard the Government’s response at that time.