Migrants: Indefinite Leave to Remain

Lord Hardie Excerpts

Thursday 6th March 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The five-year eligibility rule is currently in place, as the noble Lord has mentioned. I have to say to him that I am a sort of hors d’oeuvre ahead of the main course, which will be the net migration White Paper, which will be published very shortly and will address what we need to do in this Parliament in respect of net migration, skills development, producing local skills here and tackling illegal migration. I hope that the noble Lord will bear with me: there will be examination of all those issues in the White Paper, which will be before this House in relatively short order.

[Lord Hardie (CB)]

My son-in-law, Jair, came to this country more than 20 years ago. Since his arrival here and his obtaining right to remain, he has been permanently employed in various capacities, including as an assistant in a school for deaf children. Latterly, since he obtained UK citizenship 16 years ago, he has been serving as a police officer in Scotland. He has never been a financial burden on the state. Does the Minister agree that, in considering the cost mentioned in the Question, it is also essential to include the benefits that such migrants bring to our society in providing essential public services and giving us practical examples of the benefits of cultural diversity?

[Lord Hanson of Flint (Lab)]

I absolutely agree with the noble and learned Lord. We need to value those individuals who come here legally and via legal migration routes. They make a contribution to our society and fulfil many employment roles. They pay their taxes, put a range of cultural improvements into our society and help to improve the mix as a whole. However, I think that the noble and learned Lord will still recognise, to go back to the point made by the noble Lord, Lord Strathcarron, that that needs to be managed and examined. That is what the White Paper will do: examine the potential pressures and issues. But I want to emphasise that those who are here are welcome and contribute to our society positively.

Terrorism (Protection of Premises) Bill

Lord Hardie Excerpts

Report stage
Tuesday 4th March 2025 Lords Chamber

[Lord Hardie (CB)]

My Lords, I rise to ask for a clarification, in view of the fact that the noble Lord, Lord Udny-Lister, said that he proposes to divide the House unless he gets a satisfactory response from the Minister. What would be the combined effect of Amendment 1, in the name of the noble Lord, Lord Sandhurst, and Amendment 2, in the name of the noble Lord, Lord Udny-Lister? If the premises have 500 people in them at least once a month, would that mean that this is otiose and they do not need a security assessment? Or does the noble Lord, Lord Udny- Lister, accept that, if there were 500, which is the limit, at any one time during the year—not at least once a month—mean that the security provisions would be required?

[The Lord Bishop of Manchester]

My Lords, I am grateful that we are debating the amendments in this group. I declare my interest, having lots of churches in Manchester that fall under the terms of the Bill.

I am drawn to the important reminder from the noble Lord, Lord Murray of Blidworth, that we must not let the terrorists change the way we live our lives —I have said that myself on past occasions—so this is all about proportionality. I am drawn to his more subtle balance between 200 and 300 people, but I fear that, if we were to raise the threshold as high as some of the amendments in this group propose, it would take out many premises. We know that terrorists do not go for only very large events; they go for medium-sized events and buildings, as we have seen, sadly, with mosques and churches, not necessarily in this country but around the world. On the whole, the Bill as it has arrived to us is in the right shape, but there is considerable merit in the noble Lord’s proposal to have some flexibility in that 200 to 300 people range, and I would be grateful to hear the Minister’s comments on that matter.

Psychoactive Substances Bill [HL]

Lord Hardie Excerpts

Tuesday 14th July 2015 Lords Chamber

[Lord Ramsbotham]

My Lords, I, too, support these amendments but for a slightly different reason. I have a Private Member’s Bill, which I hope will come forward, to amend the Rehabilitation of Offenders Act. In it is something that I found when inspecting the prisons in Barbados. I found that at the age of 18 everyone’s criminal record was examined and everything except for violent and sexual offences was expunged so that a child did not take forward a criminal record after that age. I mention this merely because I think we ought to take very seriously the matter of people—particularly young people—taking forward into later life an early criminal record.

[Lord Hardie (CB)]

My Lords, I certainly sympathise with the observations of the noble Lord, Lord Ramsbotham, about the desirability of avoiding young people having convictions. However, I should like to take issue with the comment of the noble Baroness, Lady Meacher, about the prosecution of a 14 year-old. As a former Lord Advocate, I know that the prosecution will always take into account the circumstances of an offence. If we are faced with a 14 year-old who has supplied a psychoactive substance or cannabis to his friends, it is likely that there will be no prosecution—whatever his ethnic background,as far as the prosecution service in Scotland is concerned, I can assure the noble Lord, Lord Paddick, and I would be very surprised if the English prosecution service took a different view.

However, I am concerned about the introduction of the defence proposed by the noble Lord, Lord Paddick, because one has to have regard to all the circumstances of the offence. I speak having, about 18 months ago, received a communication from a mother who was separated from her husband. Her teenager son had gone to stay with his father for a weekend and he went to a head shop. He obtained a psychoactive substance and, sadly, as a result of that he died.

I am concerned about this amendment. Suppose someone supplies a psychoactive substance to his friend, the consequence of which is death—are we to say that there should always be a defence that he should not accept responsibility for the consequences of his act? I am not thinking of a 14 year-old. What about a 20, 30 or 40 year-old who supplies such a substance to a younger person who happens to be his friend and the consequence is death?

I share the view of the Home Secretary that this is a matter that ought to be left to the discretion of the prosecutor, taking into account all the circumstances. If a defence is open to an individual in any circumstances, that may mean that people who cause very serious damage to a family do not face up to the consequences. Therefore, I am against the amendment.

--- Later in debate ---

[Lord Hardie]

Perhaps I might assist the House. Of course, this is a devolved matter and it would be for the Scottish Parliament to deal with the question of sentencing. But the reality is that the courts in Scotland take into account aggravating factors such as drug offences committed in prison, and it is a matter of practice in Scotland that judges will impose a higher sentence on someone who has introduced drugs into prison. I am pretty confident that that would follow in Scotland if this Act comes into being.

[Lord Bates]

I am very grateful for that. Perhaps we should take a little bit more time over this. There are some provisions in the current statutory guidance; for example, if the offence occurs in the vicinity of a school one hour before or one hour after—so the vicinity of a school is defined. My first instinct—this is not our official position because we are discussing this—is that the terminology should be something around targeting any premises intended to locate vulnerable individuals or the supply to such individuals, so perhaps a broader range might be helpful in this regard. That will certainly be contained in that provision. We are going to write to the Sentencing Council. We will wait to see whether the Sentencing Council responds as quickly as the ACMD to letters from the Home Office, but we may have some responses in the latter stages of the Bill as to what its thinking is.

Whether we use the sentencing guidelines or statute to tackle these issues, particularly prisons—and I am very mindful of the examples that were given and, of course, the remarks of my noble friend Lord Blencathra about anomalies—in the current statutory sentencing guidelines aggravating factors include an offence committed while on bail or licence, but there does not seem to be reference to an offence committed while being detained in prison. Of course, that is because the argument is that these are covered by prison regulations but there is no doubt, just as the Children’s Society said, that over the past few years new psychoactive substances have gone from being an issue that was barely ever mentioned to now being its top concern. To have that example given this morning on the “Today” programme, with someone saying that this comes ahead of many other pressures—top of the list of concerns—shows that it is clearly growing in importance. Of course, the intervention of the ombudsman adds to that.

In the light of that and the letter that my right honourable friend Mike Penning will write to the Sentencing Council to ask it to take into account the views expressed in your Lordships’ House in this debate, including on this amendment, about the problem of these new psychoactive substances in prisons and on the prison estate, it may be that there is scope to go further on this issue. But I would be very happy to continue a discussion with the noble Lord, Lord Rosser, about how we might go further, particularly on whether the personal possession of new psychoactive substances in prison should be an offence. I am very happy to look at whether we could go further on that and perhaps look at an amendment that could be introduced later on.

I should also make the point that going down the route of the sentencing guidelines we have laid out here is probably more likely, because it goes with the grain of the current process of advising on sentences and for the courts to have regard to that. We should wait to see the Sentencing Council’s response to my right honourable friend Mike Penning’s letter, which has either gone today or will go tomorrow, and see if there is more that can be done at a later stage. I believe that we are travelling in the same direction here. We recognise that this is a growing problem. We want to deal with it and it is a question of what is the most effective way to ensure that yet again we do not create unintentional loopholes, which are exploited by the people who are the very target of this legislation. In that spirit, perhaps the noble Lord might consider withdrawing his amendment.