Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020

Lord Foulkes of Cumnock Excerpts

Thursday 22nd October 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

It is becoming increasingly difficult to reconcile debates in this House with the reality of the world outside, particularly in relation to whether and how the Government are adhering to the provisions of the withdrawal agreement.

As others have done, I want to deal particularly with the application deadline and temporary protection regulations, which we in Labour opposed in the House of Commons, as my noble friend Lord Rosser said, and were debated here during Report on the Bill. Incidentally, I do not understand why the extent of the regulations is described as

“England and Wales, Scotland and Northern Ireland”,

while in the other two instruments it is “the United Kingdom”. What is the difference? Perhaps the Minister can explain. But that is just incidental.

The real concern with this instrument is that there is no provision in relation to residence status during the so-called “grace period”—which I must say is an unfortunate term; it sounds like grace and favour, and it may be that people on the other side of the House think of it in those terms—for EEA and Swiss citizens and their families, who are now “lawfully resident”, as they are defined in the statutory instrument. We sought to change that term in the Commons to something like “resident and present”—not, as the noble Baroness, Lady Hamwee, said, “resident or present”. Otherwise, as my noble friend Lord Rosser said, they are likely to face difficulties accessing services such as healthcare and employment during this period.

Given the hostility fostered towards those people by people such as the Home Secretary, I can understand their fear. Remember that many of them are the people whose dedication has kept our NHS and care sector going during the current pandemic. The implications are severe for those who do not have a legal basis to live in the UK, but they are eligible to apply for status under the scheme, and they will be left in legal limbo. Given the record of the Home Office on Windrush and other such issues, I must say that I do not think that any of the verbal assurances are sufficient. We need much greater clarification on this.

The Liberal Democrats have tabled a fatal amendment to the Motion, which I fear is either more of their virtue signalling or, it may be, an exculpation of their dark deeds when they were in coalition with the Tories. Presumably, they will then be on to social media like a measles rash attacking us for not supporting what they know is only a gesture but they pretend has some effect. As my noble friend Lord Rosser said, if we vote down this SI, it would mean not only the unelected House overturning the elected Chamber but losing the other rights and protections included in the regulations. Our amendment is meant to follow up the opposition in the Commons Committee, where Labour and, indeed, the SNP—no Liberal Democrats—voted against the regulations.

If the Government and this Minister had any sense, they would accept the powerful arguments we have made today but, more important, the concerns of the people involved, and the Minister would agree to take this issue away and look at it again. In the letter which she helpfully sent, dated today—and we received it today—the Minister says that, following my noble friend Lady Lister’s amendment at Report on the Bill on 5 October, she would be discussing this with the Home Secretary. Surely, this is the opportunity. This is where and when this issue could and should be resolved.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble Baroness, Lady Warsi, has withdrawn, so I call the noble Baroness, Lady Ludford.

Asylum: British Overseas Territories and Ferries

Lord Foulkes of Cumnock Excerpts

Monday 5th October 2020 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask Her Majesty's Government whether they are planning (1) to establish asylum processing centres in British Overseas Territories, and (2) to house those who are seeking asylum on disused ferries; and, if so, how any such plans would comply with international obligations.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, as my right honourable friend the Home Secretary said yesterday, the asylum system is broken, and we stand by our obligations to safeguard the most vulnerable people fleeing oppression, persecution and tyranny. We will take every necessary step to fix this broken system and we will continue to examine all practical measures to effectively deter illegal migration. We do not comment on leaks.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, but will the Minister concede that the options which have been very authoritatively leaked and have been in almost every newspaper would be inordinately expensive, probably illegal but, above all, inhumane? As a do-gooder, I ask the Minister if she will go back to the Home Secretary and say that on this issue, doing good is just common humanity.

[Baroness Williams of Trafford (Con)]

Well, I think any noble Lord who listened to my right honourable friend yesterday will at least concede that humanity was at the heart of what she was saying. She was talking about a “firm and fair” immigration system, and about the people traffickers who exploit the most vulnerable. I can confirm that we will act in accordance with our international conventions, and I will not comment on the leaks.

Emergency Services Network

Lord Foulkes of Cumnock Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord is absolutely right to point to the importance of emergency networks in the London Underground. In fact, that work and that testing has begun with TfL— I visited one of its sites in Canada Water—but it has been delayed because of Covid-19, for very obvious practical reasons. I can assure the noble Lord on this. The testing is absolutely imperative, so that the technology that we have works in emergency situations such as those he referred to.

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, will the Minister admit, in a moment of frankness and honesty, that this project is a total shambles? Will she tell the House what the arrangements are for consulting with the authorities in Scotland and Wales? What is their view about this interminable delay?

[Baroness Williams of Trafford (Con)]

Well, I think I was quite frank initially in saying that it had been a challenging project. It is a project that I have paid particular attention to in trying to get it moving, in terms of emergency services testing it and taking it up. In terms of the Scottish view on it, we engage with all devolved Administrations on this sort of thing, and we want to get it up and running as soon as we possibly can.

Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

Lord Foulkes of Cumnock Excerpts

Wednesday 2nd September 2020 Grand Committee

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, may I say that it is a great pleasure to be here in person? For one thing, you do not have the problems that my noble and learned friend Lord Morris is experiencing. However, it was said on the way in that I would not be able to cause as much mischief as I normally do in Grand Committee as we are a bit like battery hens in here. I hope that it does not affect our behaviour in that way.

This is a very important issue. I was a member of the Intelligence and Security Committee for three years between 2007 and 2010, so I have a little inside information about what some of the countries that are not our best friends get up to. This is very important in relation to that, and I will come back to it in a minute.

First, the report of the Secondary Legislation Scrutiny Committee quite rightly points out that the Civil Nuclear Constabulary, the Environment Agency and the Pensions Regulator were removed and now they are being put back in again. There is a sort of explanation under paragraph 5, but it is not really a very satisfactory one.

I suspect—the noble Lord, Lord Paddick, is shaking his head; perhaps he can answer on this—that they were taken out by the coalition because of pressure from the Liberal Democrats and the Conservatives, now that they are ruling on their own, have put them back in again. For once, I agree that they should be in and that that is right—let us find out—but it represents yet another U-turn. We have had lots of them in the last few weeks, have we not? Let us add this one to the list—if anyone is keeping one.

Going back to the Intelligence and Security Committee, there was an astonishing U-turn there, mind you. Chris Grayling was so enthusiastic that he wanted to chair the committee; now he finds that he does not have enough time or enough interest even to be a member. Very strange things are going on there, but I do not think that the Minister, however good she is—and she is a good Minister—would be able to answer on that. Once Chris Grayling had dipped his toe in the water, it was not just right for him, as I think Goldilocks said.

The memorandum for the regulations relating to communications data and relevant public authorities states that the regulations

“have been subject to a successful 12-week consultation period with the Investigatory Powers Commissioner and the public authorities to which the modifications relate as required by … the IPA.”

However, given the role that the ISC had—as I know very well—in scrutinising the original Investigatory Powers Bill before it became law in 2016 and the critical recommendations it made in the 2016 report, can the Minister tell us whether the ISC itself was consulted on these regulations? If so, what did it say? If not, why not?

Similarly, I would be interested to know what scrutiny, involvement or consultation the ISC has had in the overseas production order regulations relating to UK and US communications data sharing.

Finally, these regulations come after the introduction of temporary powers—so many of them were brought into effect by the Coronavirus Act 2020—enabling the Secretary of State to grant the Investigatory Powers Commissioner powers to appoint temporary commissioners with powers to sign warrants to allow authorities to access communications data. That was in anticipation of staff shortages due to coronavirus. The time limit on seeking retrospective warrants was also expanded. As with all temporary regulations put in place because of the epidemic, can the Minister say how long she intends to keep these temporary powers in place?

I have just two or three questions to which I would like answers. Otherwise, although it might not seem it from some of my demeanour, I support the Motion.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Foulkes of Cumnock Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, although I too am pleased to speak in this Second Reading, I am sorry that we have this Bill at all. Like so many of our fellow citizens, I regret it. It is a Bill that makes provision to end the excellent free movement that we had under EU law in exchange for what I believe to be a punitive points-based system.

Like my noble friend Lord Rosser and others, I will concentrate on the care sector. We have seen how much care workers do under the pressures of the virus, and how the problems of funding and security have created problems for the care sector and shown how it is often treated as a poor relative of the NHS. We need to give more consideration to the care sector’s value and to work to keep its workforce; otherwise they will continue to be an afterthought in immigration, as well as other areas. As others have said, part of the new points-based immigration system disadvantages them. They will be excluded from the new health and care visa. Even senior care workers would not qualify with the minimum salary threshold. It is unjust and unfair, particularly on top of the lack of support they have had during the Covid epidemic. I hope this matter can be dealt with and looked at more carefully in Committee and on Report.

As the noble Lord, Lord Morrow, and my noble friend Lord McConnell, did, I will touch on whether this applies to the whole of the United Kingdom. As a Scots Peer, I think that immigration must remain principally a UK-wide competence, as the noble Lord, Lord Morrow, said. I strongly disagree with the SNP’s proposal for an alternative immigration system for Scotland. That is very different from the very limited scheme that my noble friend Lord McConnell introduced, which he described earlier. Scotland’s immigration needs are not significantly different from other parts of the United Kingdom. Anyway, how could we prevent immigrants moving around the UK without border controls? The Deputy Speaker will know and I am sure that he would agree that the last thing we need are border controls at Gretna and Berwick.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

The next speaker is the noble Lord, Lord Strasburger.

Extradition (Provisional Arrest) Bill [HL]

Lord Foulkes of Cumnock Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 15th June 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, I have a question to which others may know the answer; forgive me if it is widely known. The Minister said in relation to Scotland that the court applicable was Edinburgh Sheriff Court. Can she let us know why Edinburgh Sheriff Court in particular was chosen, and why only Edinburgh Sheriff Court? Scotland is a very large country stretching from the border with England right up to Shetland. I wondered whether there might not be some practical problems if only Edinburgh Sheriff Court was applicable. So, what was the criterion and why only Edinburgh?

[Baroness Williams of Trafford]

My Lords, it has been Edinburgh Sheriff Court since the Extradition Act 2003 has been in place.

--- Later in debate ---

[Baroness Kennedy of Cradley (Lab) [V]]

My Lords, I support Amendment 2 in the name of my noble friend Lord Kennedy of Southwark. The amendment would put in place a process to properly consider and then stop extraditions to countries that abuse human rights. It would require consultation, a risk assessment and a statement by the Home Secretary before any new or amended treaty was agreed.

Clearly there are times when treaties need to be, or indeed should be, amended. For example, in its current state the US/UK extradition treaty does not offer confidence to British citizens that they will not be surrendered to the US, when the British justice system is both qualified and able to try relevant cases here without prejudice. I hope the Minister will agree that this is an area in need of urgent reform. When the Government make reforms of this nature, as I hope they will in this case, consultation and parliamentary scrutiny, as outlined in the amendment, are therefore critical.

The amendment would also ensure consultation with the devolved Administrations. There is a strong case for this as there will be certain powers in these Administrations relating to justice, policing and prisons that need to be considered.

Respect for human rights must be a priority consideration when changing or entering into a new treaty. The NGOs have direct experience of the countries concerned. They understand better any issues that arise from individual territories, especially regarding human rights records. They need to be consulted, which is what the amendment seeks to do. It would open up the decision-making process. Being transparent about why decisions were taken about individual countries, and allowing proper parliamentary scrutiny of those decisions, will build trust and confidence in our extradition system.

I turn to red notices. Time and again, international organisations continue to report the widespread abuse by some states of red notices for political ends—for example, to persecute human rights activists, refugees or critical journalists. This violates international standards and human rights. The Government should therefore be mindful of those countries that abuse red notices. Through the guarantees given in the amendment, the Government would signal that they recognised that red notices from countries that abuse the system have no legal value, and would show that, as a country and as a Government, we will help to protect those individuals targeted by such countries that abuse the system. I hope the Government will agree to support the amendment.

[Lord Foulkes of Cumnock [V]]

I am very happy to support this excellent amendment moved by my noble friend Lord Kennedy. I hope that if the Government do not accept it, he will press it to a Division.

The first aspect of the amendment is, as my noble friend Lady Kennedy has just spoken about, consultation with the devolved Administrations, an issue that I will come to in a moment, but also, rightly, with NGOs, as my friend also said. I had a lot of dealings with human rights NGOs and those involved with press freedom when I was general rapporteur on media freedom and the safety of journalists for the Council of Europe, and I found them very helpful for knowing up-to-date information about each country that we dealt with.

As far as the devolved Administrations are concerned, there is—with no disrespect to the noble Baroness, Lady Williams—an awful lot of talk of consultation but very little real, meaningful consultation with the devolved authorities. For example, on Covid recently, the Prime Minister talks about consulting but for a month now he has not chaired a meeting of COBRA in which the First Ministers have been involved. That is not the consultation that could be taking place, so we have to write it into legislation. The Joint Ministerial Councils, which ought to be working, are not working effectively, while the European arrest warrant was abandoned by this Government in spite of objections from the Scottish Government and other devolved Administrations. Consultation must be written into this.

The second reason I strongly support my noble friend Lord Kennedy’s amendment relates to the red notice system. I want to mention the terribly tragic death of Harry Dunn at the age of 19, with his whole adult life ahead of him, in a hit-and-run accident. It was really terrible. The driver of the car, Anne Sacoolas, an American citizen, the wife of a diplomat, escaped justice by fleeing from the UK back to America. That was disgraceful. Her diplomatic immunity itself was very doubtful. Can the Minister confirm that an Interpol red notice has been issued in relation to Ms Sacoolas? I think the Prime Minister has said that she should return, but what are the Government doing to insist on that and take action?

For those two reasons, I strongly support the amendment. As I say, I hope my noble friend will take real courage in his hands and call a Division on this matter if the Government refuse to accept his very strong and persuasive arguments.

[Baroness Ludford (LD) [V]]

My Lords, in Committee on 5 March the Minister said:

“The Government have no intention of specifying countries likely to abuse the system to political ends”—


that is, the Interpol system. Obviously, that was an important pledge, but it does not conflict with the need for Amendment 2 in the name of the noble Lord, Lord Kennedy, with an assessment of the risks and a statement confirming that the territory does not abuse Interpol red notices.

I also agree that devolved Governments and NGOs should be consulted. Fair Trials International, of which I have been a patron for two decades, has long campaigned to ensure that Interpol does better at filtering out abuses of its system before information is sent out to police forces across the globe. When abusive “wanted person” alerts slip through the net, victims should have redress through an open and impartial process. There is no court in which to pursue an appeal. Fair Trials has highlighted shocking cases of injustice and the devastating impact that these alerts can have on those affected. Bill Browder has said that your life as a human being is over.

Fair Trials has helped dozens of people who have been subject to abusive Interpol alerts from countries including Russia, Belarus, Turkey, Venezuela, Egypt, Sri Lanka and Indonesia. FTI has also worked constructively with Interpol to develop realistic reform proposals. It held a positive meeting with Interpol’s secretary-general, Jürgen Stock, to discuss reforming the red notice system.

In the context of mounting political pressure for reform, changes were introduced in 2015, when Interpol announced that it had taken the first steps towards implementing reforms, including the introduction of a new refugee policy. Then, in 2017, Interpol introduced a number of further reforms, including greater independence, influence and expertise of the supervisory authority, the CCF; better transparency and respect for equality of arms; reasoned and public decisions on individual cases; and a working group to review red notice operations.

The Minister said, again on 5 March, that

“the UK is currently working with Interpol to ensure that its rules are robust, effective and complied with. The former chief constable of Essex was recently made the executive director of policing services for Interpol, the most senior operational role in that organisation. A UK government lawyer has also been seconded to the Interpol legal service to work with it to ensure that Interpol rules are properly robust and adhered to by Interpol member states.”—[Official Report, 5/3/20; col. 364GC.]

Can she tell us any more about what further changes and reforms have been introduced since 2017 to prevent abuse? Although that is essential, I still hope that she can tell us that she will accept Amendment 2.

Public Order

Lord Foulkes of Cumnock Excerpts

Tuesday 9th June 2020 Lords Chamber

[Baroness Williams of Trafford]

I think the noble and learned Lord is right about the balanced approach and the importance of the rule of law. I respect those who very peacefully protested on Sunday, but of course that was completely undermined by those who just flouted the rule of law and those who put other people at risk of the virus when we are going through quite a critical stage in in trying to wipe it out. The noble and learned Lord talks about more resources for the criminal justice system. From a Home Office point of view, our ambition to recruit an extra 20,000 police officers over the next few years is well on track to be delivered. I hope that, as he says, the whole fairness of the criminal justice system will lead to a public feeling of a more fair and equal society.

[Lord Foulkes of Cumnock (Lab Co-op) [V]]

My Lords, is the Minister aware that one of the causes of the protest and the pulling-down of the Colston statue in Bristol was the failure to act on previous lawful representations about that statue and the frustration caused? Why is the Prime Minister now refusing to meet with Sadiq Khan, the Mayor of London? Why are the Government refusing to deal with legitimate BAME concerns, such as Windrush? Will the Government ever learn to start listening to peaceful representations, particularly from elected Members?

[Baroness Williams of Trafford]

My Lords, the Colston statue is in Bristol, and therefore is a matter for the elected representatives of Bristol to deal with democratically. If people are not happy with the democratic process in Bristol, they can do something about it at the ballot box. If people want to make representations to Sadiq Khan about the various statues they may object to across London, it is for them to do so.

Windrush Compensation Scheme

Lord Foulkes of Cumnock Excerpts

Wednesday 6th May 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I, too, am grateful to the noble Baroness, Lady Williams, for giving us this opportunity to discuss what was indeed a failure of British law, politics and bureaucracy. Tens of thousands of people’s lives were damaged or destroyed as a result. It is an even greater scandal because, as the noble Lord, Lord Blencathra, said, these are the people contributing so greatly to dealing with the coronavirus epidemic at the moment. Indeed, they are more likely to catch the virus themselves, so they are putting their lives at risk. These are people who helped to build up our country after the Second World War and who are clearly British. They were put through a terrible time and it was exacerbated by the fact that Ministers in the Government had this policy of a hostile environment. That sadly did not help. I hope that the Minister will give us an assurance that this will never happen again.

A related matter that I want to mention is the freedom of the press. I did a report on this for the Council of Europe recently. It is so vital in our democracy. The Guardian needs to be commended for the way it highlighted this. One wonders what might have happened if there had not been such concentration on this by the media and the revelations that highlighted it.

I want to ask the Minister three things in relation to the scheme, which I hope she will deal with in her reply. First, the compensation payments seem to be calculated on the financial impact—loss of income, loss of access to housing and other things that people suffered. Can we have an assurance that there will be some compensation for the grief and the psychological effects? They can be assessed, so some assessment should be made and that must be included as well.

Secondly, the Minister said that there was no cap on the expenditure, but at the moment only £20 million to £30 million is allocated. Some 15,000 people have applied, but the Office for National Statistics thinks that six times as many could be eligible. Can we get an assurance that the money in the budget will be increased to take account of that?

Finally, can we get an assurance that any knock-on effect on the younger generation will be taken account of, to support the sons and grandsons of this generation and to make sure that this sort of thing does not happen again? We have a duty to learn from this and make sure that we, and future British Governments, never let this kind of thing happen again. I hope the Minister will give us some assurances in her reply.

European Arrest Warrant, Europol and Eurojust

Lord Foulkes of Cumnock Excerpts

Monday 2nd March 2020 Lords Chamber

[Baroness Williams of Trafford]

I think it would mean that those states will try in their own countries—I have talked about the enhanced safeguards—but I do not think that will make this country less safe.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, is this one of the areas in which the Permanent Secretary advised the Secretary of State of the dangers of going ahead, and which the Secretary of State paid no attention to and shouted?

[Baroness Williams of Trafford]

My Lords, one thing I cannot comment on is private conversations between Secretaries of State and their officials—