Migrants

Lord Higgins Excerpts

Thursday 9th June 2016 Lords Chamber

Asked by

[Lord Higgins]

To ask Her Majesty’s Government whether it is their policy that migrants rescued from the English Channel should be returned to France, rather than brought to the United Kingdom.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we work closely with the French to protect the border and prevent illegal migration. This includes on maritime threats. Our focus is on stopping boats leaving Europe and on developing strong intelligence processes. Migrants encountered in United Kingdom territorial waters by UK agencies are brought here, where they will be processed under UK legislation, in line with EU and international law. For those not claiming asylum, we seek a quick return.

[Lord Higgins (Con)]

My Lords, is it not clear that people smugglers and traffickers are able to persuade migrants to risk crossing the Channel despite the fact that their boats are unsafe and it is extremely dangerous to cross shipping lanes and so on, because they will be rescued and taken to the United Kingdom? Would it not frustrate the traffickers and people smugglers if we were absolutely clear that if people are rescued they will be returned to France, where, if they are genuine asylum seekers, they can anyway claim asylum?

[Lord Keen of Elie]

With respect, it is necessary to have regard to international law in this respect, and the extent of our territorial waters. Pursuant to the UN convention on the seas, our territorial waters extend 12 miles from the coast, as do those of France. Our borders agency works within those territorial waters. Equally, the French work within their territorial waters. Of course, at Dover and Calais La Manche is only 20 miles wide. Nevertheless, although it may meet at a median point, we have to respect each other’s territorial waters. Those who are found in UK territorial waters are brought to the United Kingdom. Those found in French territorial waters are taken to France.

Airport Expansion: Road and Rail Upgrades

Lord Higgins Excerpts

Wednesday 27th April 2016 Lords Chamber

[Lord Higgins (Con)]

My Lords, could not the cost of Transport for London be significantly reduced if so many of its executives were not paid excessive amounts compared with, say, the salary of the Prime Minister? What can be done to reduce the costs of congestion caused by the policies of Transport for London?

[Lord Ahmad of Wimbledon]

It is for the Mayor of London to review both those issues. But I say to my noble friend that with any salary paid to any public servant serving in any government—central, devolved or local—public scrutiny is important and needs to be reflected.

Airports: Expansion

Lord Higgins Excerpts

Thursday 10th March 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

It was really for the Labour Government to act on the Labour Government’s own policy. The Conservative Government are very clear. My right honourable friend the Prime Minister, David Cameron, launched the Davies commission. It has reported. We have accepted the principles behind the report. We have accepted the work done behind the report. The noble Lord mentioned conferences around the world. In my capacity as Minister for Aviation Security, I attend such conferences, and I find utmost respect for British aviation and the Government’s considered position on this issue.

[Lord Higgins (Con)]

My Lords, as far as the position of the Labour and Conservative Governments are concerned, will my noble friend note that in 1974 the Conservative Government had all the legislation, planning permission and so on for an airport at Maplin, and Labour came in and dropped it on the grounds that the forecast had been exaggerated? If it had not done so, we would have had an airport at Maplin for many years.

[Lord Ahmad of Wimbledon]

My noble friend makes a very valid point. This Government have been very clear that we have accepted the principle of expansion in the south-east, and we are committed to that. In summer this year we will report back on the important environmental considerations, which must be considered as part of this important decision.

European Union: Refugees

Lord Higgins Excerpts

Tuesday 1st March 2016 Lords Chamber

Asked by

[Lord Higgins]

To ask Her Majesty’s Government what assessment they have made of the security of the European Union’s border; and what discussions they have had with the Governments of other EU member states about the documentation of those individuals they accept as refugees.

[Lord Higgins (Con)]

My Lords, I am very glad to have secured time for this debate. I originally tabled the Question back in November, so it has been a long while coming to fruition. It is also the case that, in the mean time, we have had a huge influx of refugees coming into the European Union and a very large number indeed of economic migrants coming into the European Union.

We have had two very good debates on this subject previously. In the Moses Room on 18 June there was a Private Member’s debate, initiated by the noble Lord, Lord Dykes, and there was a debate secured by the noble Lord, Lord Alton, on the Floor of the House on 9 July. But we have not had a full day’s debate on what must surely be one of the most important—one might say traumatic and historic—issues that we are faced with at present. I hope that the usual channels can, therefore, arrange for a debate.

I have pointed out previously that I have a long-standing interest in the subject. I am the sole survivor of a Cabinet Committee which persuaded the Heath Government to allow the refugees from Idi Amin into the country. I have always felt rather proud of that because it was a great success and they have integrated very well. On other issues, I have pointed out that I was concerned about the way in which the British Government in 1939 appropriated the whole of the assets of the Jewish refugees who had arrived here, and it was many years later that I managed to persuade the then Secretary of State, Margaret Beckett, to seek some form of redress. This has been rather reflected in what has happened in Sweden and Switzerland at present, as far as dealing with refugees’ assets are concerned.

I start straightaway with a point that I have raised with my noble friend before: it is concerned with the idea of communication. It came up yesterday in relation to the problems of children and, in particular, those children who are refugees and are related to people in this country. The question was asked: how do you communicate both with them and with other members of their family? I have suggested previously that the Government should have a “refugee app” or a website that could provide communication with these groups, because most of them have telephones anyway, particularly the youngsters. This was something to which my noble friend appeared sympathetic before, so I hope that we can go ahead and do something as far as that is concerned.

I strongly believe that the attitude taken by the British Government on these problems—in particular, giving very substantial aid to the countries in the Middle East that are suffering from a refugee problem, and allowing in people from those refugee camps rather than accommodating those who have come illegally into the European Union—is right. But it has meant to some extent that we have been a bit detached from the main thrust of European asylum policy, and therefore, perhaps, have not given the leadership of which the European Union is clearly in desperate need, given the way in which the problems have developed. My right honourable friend the Home Secretary has certainly been participating in these discussions, but—perhaps also because of our referendum question and so on—we might not have been exercising as much influence as we might have done in other circumstances.

The problem is that the basic Dublin agreement, as far as the admission of asylum seekers into the European Union is concerned, has simply not worked. The idea that they would have to register at the first point of entry, which in many cases has turned out to be Greece, has not resulted in a situation where they have been properly documented and their applications properly serviced. So we have therefore seen this extraordinary flow of refugees from the south of Europe towards the north.

In particular, we have seen the matter that we discussed yesterday in relation to Calais. I was interested in a BBC news story today that stated:

“Many migrants fear they will be required to apply and claim asylum in France and then give up hope of coming to the United Kingdom”.

There is a very interesting passage in the latest report of the European Commission on this issue. It says in the clearest terms that asylum seekers are not entitled to choose where they will seek asylum. The whole question of exactly which country they wish to be in is creating big problems, particularly as far as economic migrants are concerned.

We are in a very different situation from earlier crises, where we had individual asylum seekers or people in particular groups that were being persecuted. The whole scale of this thing is influenced by the fact that they are simply fleeing from the perils of being in countries that are racked by war.

It is also true to say that the groups that have been coming have, to some extent, been remarkably violent. We have seen the scenes in Calais: that was not previously the case, and it has been true as far as those who are seeking to travel north from Greece are concerned. We have seen very violent scenes indeed, so we have some problems that we have not had to cope with on previous occasions.

I come next to a point that I have raised with my noble friend before: the fact that we have problems relating to people crossing into Europe by sea in traffickers’ boats that are very often unseaworthy. We have had a situation where they have been rescued and then landed in Europe. While we must certainly abide by the law of the sea, at the same time I think that this is a real problem, and is quite inconsistent with the view that the Home Secretary has expressed.

I am glad to see, therefore, that there seems to be a significant move on the part of the European Union to protect our borders. That has not been happening up to now. The tendency has been to allow people to come in and then try to sort out the problem. We now see, in essence, as a result of the report of the European Council that just came out on 18 February, that the EU is finally—this gives one some hope for the immediate future—taking the view that the deal with Turkey, which has gradually been established, will enable it to prevent people carrying out the extremely hazardous and very short sea journey, and actually patrol the borders. That has not been happening yet, but the report of the Council’s conclusions on migration on 18 February, and a subsequent one a couple of days later, gives one hope that this is indeed a moment when we can see some serious concern to patrol and re-establish the borders.

It is clearly an impossible situation when we have the Schengen agreement on the one hand and porous external borders at the same time. That is something that we cannot live with, and nor can the European Union. It does seem that, at long last, the EU is doing something on this matter. I very much hope that our Government, despite the inhibitions that I mentioned earlier, will encourage it to do so and ensure that serious action is taken to admit genuine asylum seekers—which most certainly should be our policy, not least as far as two of them are concerned—and at the same time distinguish them very clearly from economic migrants. We ought to take a very different line with them and ensure that they do not obtain entry to this country, to some extent at the expense of the genuine asylum seekers. I therefore hope that the Government will be able to take a very positive attitude to the points that I have made.

--- Later in debate ---

[The Minister of State, Home Office (Lord Bates) (Con)]

I join other noble Lords in paying tribute to my noble friend Lord Higgins for securing this debate. He may have waited a little time for it come up, but the usual channels, with impeccable timing, have brought it to our attention today. The debate that we have had around these issues has been of great value, and I hope to add to it with some responses to the legitimate questions that have been raised.

The UK Government recognise the importance of this issue and are committed to supporting our European partners to ensure the full and proper management of the EU’s external border, reduce the impact of illegal migration and deter people from risking their lives on perilous journeys, as well as to increase security at the border. The noble Baroness, Lady Smith, reminded us of the scale of the human loss. Last year it was 3,771 lives, and she used the figure so far for this year of 418, which may be more up to date than the 410 which I have in the briefing I received this morning. The scale is quite shocking.

It is important to clarify that although the UK is not part of Schengen or a member of FRONTEX, we want to support the operational work of the proposed EU border agency, in the same way that we currently support FRONTEX operations. A number of noble Lords, including the noble Lords, Lord Rosser and Lord Hannay, the noble Baroness, Lady Smith, and my noble friend Lord Smith, asked whether we were standing aside and how we were engaging with our European partners.

If the House will bear with me for 30 seconds, I will just point out that this is of course the dominant issue on the European agenda—in fact on the international agenda—at present. The British Government were represented at the Justice and Home Affairs Council on 25 and 26 January, at an informal strategic committee on immigration, frontiers and asylum in Europe on 15 and 16 January, and at the European Council on 18 and 19 February. This week, we have the France-UK summit on Thursday. The Prime Minister and the leaders of the French Government, along with the Foreign Secretary and the Home Secretary, will be there in Amiens. Next week, as the noble Lord, Lord Hannay, mentioned, is the EU-Turkey summit, to move that agenda forward. There is the Justice and Home Affairs Council the week after and then the European Council the week after that. At the end of the month, there is the UNHCR meeting on Syrian refugees.

That is not meant to be an exhaustive list, but I read it out to stress that, from my experience of working in the Home Office, my colleagues in the department are actively engaged in this on a daily basis. We totally endorse and accept the points made by the noble Lords, Lord Hannay and Lord Rosser, the noble Baroness, Lady Smith, and indeed my noble friend Lord Higgins himself that there cannot be an ounce of schadenfreude —the term I think the noble Earl, Lord Sandwich, used—about what is happening there. I was reminded as they were talking of the aphorism that if you do not visit your problem neighbourhoods, then your problem neighbourhoods will visit you. That works in a domestic setting and certainly in an international one.

As the noble Lord, Lord Rosser, invited us to say, we are focused not just on what is happening but on dealing with the causes. That was one of the reasons for the Valletta summit between EU and African partners, which set out a significant agenda for action to respond to and tackle the flows from Africa. It was notable that, in response to that, we have I think seen the principal flows in recent months from the central Mediterranean reduce significantly, to 9,000 arrivals in the first two months of this year. The principal route now is through the Aegean, with 120,565 arrivals.

That link with tackling these issues at source in Africa reminds me to pay tribute to the work that my noble friend Lord Higgins did all those years ago in bringing Ugandan Asians to this country. They have made an immense contribution to it, and we are certainly delighted that we have one of them, our noble friend Lord Popat, on this side. We look forward in years to come to perhaps being joined by one of those Syrians who have been offered sanctuary in this country too.

European Union member states are facing unprecedented pressures on their time. That is why the UK is taking a comprehensive approach to the migrant crisis, intervening at every stage of the migrant journey—at source, in transit, at the EU’s frontier, at our border and in the UK. We want to help build stability in the countries these migrants come from and we are engaging in the largest-ever humanitarian response to a single crisis. At the Syria conference in London on 4 February—which I left off the list I gave earlier—the Prime Minister announced that the UK will more than double its support in response to the Syria crisis, to over £2.3 billion. That is the kind of generosity that the noble Lord, Lord Hannay, urged us to have.

To help those in need of genuine protection, the UK is expanding its scheme to resettle vulnerable Syrians from the region. We have exceeded our commitment to resettle 1,000 Syrian refugees before Christmas, and expect to resettle up to the full commitment of 20,000 Syrians by 2020.

In relation to the external border, the UK is playing a part in the maritime operations. Royal Navy operations in the Mediterranean have so far saved 12,500 lives and it is currently involved in NATO activities in the Aegean. This is not just a Syrian crisis; many nationalities are trying to come to the EU. As my noble friend Lord Smith urged, the EU needs to be firm with those who do not need protection, pose a security risk or refuse to co-operate with the asylum process.

With regard to the Government’s approach to European Commission initiatives, the Government fully support the Commission’s hotspots proposal, which aims to address these issues at the border. In our view the hotspots can contribute to better management of the EU’s external border by securing the rapid return of those without a legitimate asylum claim. It is important that we do not focus exclusively on facilitating relocation but fulfil this wider security objective. The noble Baroness, Lady Ludford, referred to the fact that these hotspots had taken too long to set up, and we concur with that. At the meetings I have mentioned we always urge our colleagues to work faster, in addition to providing additional support. We have announced £65 million of help for our European colleagues in this situation, a significant proportion of which—£45 million I think—is to go to Greece.

A number of Lords referred to the key issue of organised crime, which is a staggering problem. Europol last week estimated that of those arriving in the European Union in search of asylum 90% had paid a criminal gang to get here. That gives us an idea of the scale of the problem. Since last year, UK law enforcement has disrupted more than 170 organised crime groups involved in organised immigration crime. Since April 2015 immigration enforcement has disrupted 94 organised crime groups involved in organising immigration crime, 12 of which involved people smuggling. The noble Baroness, Lady Ludford, asked for an update on that. These cases are currently being processed through the courts. To give one example, however, one group that was disrupted in December involved 23 people from Sweden, Austria, the UK and Greece, and was responsible for bringing 100 migrants a day into Greece. This group had made an estimated €10 million in the process. These are significant issues.

I can reassure, I hope, the noble Earl, Lord Sandwich, on some of the points he raised about the Prüm issues, which we have opted into. We are working with our colleagues in communicating information about the second-generation Schengen information system, which we are part of, the European arrest warrant framework, which we are part of, Europol, with which we work, and the European criminal record and information service, which is part of that. We want those data to be collected as people arrive in those hotspots, so that the data can be shared with us through the Dublin process. We can then ensure that our borders are secure. That is also a reason why we want to take more people from the region. As my noble friend Lord Smith said, when people come here they have often genuinely lost their documents in their struggle to get here, and sometimes they have chosen to destroy them to avoid their identification. That poses a particular risk. That is one reason why we want to take more people from the region, because there, through the UNHCR or the International Organisation on Migration, we can identify them, and then we have an additional layer of verification through the Home Office systems before someone qualifies for membership in the Syrian vulnerable persons relocation scheme.

My noble friend Lord Higgins also referred to Turkey. The UK Government have committed £250 million to securing that crucial southern border to the region to tackle that issue. The House will be updated on progress on that.

Time is running out on this debate, but I want to communicate one message. First, the UK Government are absolutely committed to working with our European partners to resolve this issue. This is not a UK problem, it is a European problem—in fact, an international, worldwide humanitarian problem—and we need to work together. That is happening daily. Secondly, we are not being complacent but putting resources behind that through the European Asylum Support Office, hotspots and finance, and bringing people to the UK from the region, to provide that safe alternative route to undertaking the perilous journey that we want them to avoid.

I again thank my noble friend Lord Higgins for securing this debate and all those who contributed.

[Lord Higgins]

My Lords, the whole House will have benefited from the excellent documentation that the Library has produced. I think it will be of wider interest than just to those who have taken part. I thank all those who spoke for their interesting contributions, particularly my noble friend. I do not doubt that this is a subject to which we will return soon, and I hope that the usual channels can make suitable time available.

Transport for London

Lord Higgins Excerpts

Monday 14th December 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

We have wide-ranging discussions with Transport for London across a variety of issues. I will be pleased to discuss any matters that noble Lords wish to raise, put them on the agenda and report back. However, I would add that a great deal of investment goes into transport in London and that over the last 10 years, we have certainly seen great improvements.

[Lord Higgins (Con)]

My Lords, in view of the success of the conference on climate change over the weekend, will my noble friend have urgent discussions with Transport for London about the appalling increases in congestion and pollution caused by the introduction of bicycle lanes, which are in use in large numbers only in the peak period? Will he at least ensure that other traffic can use those lanes during the course of the day? In the present situation on Lower Thames Street, for example, they are likely to die from carbon monoxide or other poisoning from pollution any moment now.

[Lord Ahmad of Wimbledon]

I think that all noble Lords would acknowledge the benefits of cycling across London. I stress that the Mayor of London has primary responsibility for planning in London, along with the air quality strategy. The introduction of cycle lanes is partly to encourage more sustainable forms of travel across the capital.

Syrian Refugees

Lord Higgins Excerpts

Monday 9th November 2015 Lords Chamber

[Lord Bates]

That is under active consideration at the moment. Of course, many of the people on whom we are focusing at present are the most vulnerable and in need, particularly of medical care and what have you, so they may not be appropriate for the type of generous offer that has been made. But we have talked about creating a register for charities, churches and faith groups to get involved; there is also a page on the government website that tells people how they can get involved. Once the immediate urgency is over and the first group is brought to the UK safely, we will very much want to take up those offers of great generosity by others.

[Lord Higgins (Con)]

My Lords, would my noble friend agree that, with regard to the Answer to this Question and more generally, it would be immensely helpful if the Government had a means of communicating with refugees? Would they therefore consider very carefully setting up an app on the web so that refugees using their phones—which seems to be true across the whole of Europe and beyond—could access this information in a way that would be cost effective and extremely helpful both for them and for the Government?

[Lord Bates]

That is an intriguing idea. Of course, the key point is that we want to get the message out to people who are thinking of travelling and taking these dangerous routes to the UK that there is now a better chance of their actually achieving the resettlement that they seek by going through the UNHCR and staying where they are. However we can communicate that information to them, we need to do that. The use of technology is one answer. The topic is seriously on the agenda and is the main focus of the summit in Valletta on Wednesday and Thursday this week. I shall follow that up with my noble friend.

Asylum

Lord Higgins Excerpts

Wednesday 16th September 2015 Lords Chamber

[Baroness Afshar (CB)]

My Lords—

[Lord Higgins (Con)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, we have time. I suggest that we go first to the Cross Benches, if we go round in order, and then to my noble friend Lord Higgins.

[Lord Ahmad of Wimbledon]

I recognise the point that the noble Baroness makes, and that is why we have heard both the Prime Minister and President Obama say only yesterday that we must deal with the cause of the issue. However, in terms of moral duty and obligations, Britain has shown that it has a comprehensive view of dealing with this issue, not least by the £1 billion it has thus far given for assistance to those refugees in most desperate need around the Syrian borders.

[Lord Higgins]

I apologise for not giving way to the noble Baroness, who I did not see intervening. Does my noble friend agree that the Government should consult urgently with the German Government to establish precisely which documents, passports and so on being issued by the Germans to those accepted as refugees into Germany will entitle them to travel elsewhere in the European Union and the UK? Will these documents be treated as if they were normal German passports?

[Lord Ahmad of Wimbledon]

My noble friend raises an important point. Let me assure him that my right honourable friend the Home Secretary raised these very issues on Monday at a council meeting convened with all European partners. We have made our position clear that the Dublin convention and the rules surrounding it will apply, and continue to apply, to all Syrian refugees—indeed, to all refugees who enter the European Union. They must claim asylum at their first port of entry, and normal rules will apply.

UK Opt-in to the Proposed Council Decision on the Relocation of Migrants within the EU (EUC Report)

Lord Higgins Excerpts

Wednesday 22nd July 2015 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I beg to move this Motion as chairman of the EU Home Affairs Sub-Committee, which prepared the report to which the Motion relates. I thank all members of the sub-committee, the clerk to that committee, Theo Pembroke, and the policy analyst, Lena Donner, for their assistance with the preparation of the report.

As your Lordships know, when the House considers reports from the European Union Committee, it is normally on a Motion that the House takes note of the report. In this case, the Motion invites the House to agree the committee’s recommendations. The reason is that this report deals with a proposed European Council decision, which falls within the area of justice and home affairs and which will apply to the United Kingdom only if the Government exercise their right under protocols to the EU treaties to participate in its negotiation, adoption and implementation—in other words if the Government, having taken into account the views of the committee, opt in. The Government have to do this within three months of the proposal being presented to the Council. In this case, the deadline will expire on 27 August so I am extremely grateful that time has been made available to debate this opt-in report at short notice and before the expiry of that three-month period.

The background to this debate is the global migration crisis and, specifically, its tragic consequences in the Mediterranean. In a single incident off the coast of Libya in April, more than 800 people lost their lives. Italy and Greece are on the front line. The proposal that is the subject of this debate focuses narrowly on the EU’s attempt to alleviate the burden that has fallen on Italy and Greece in responding to this humanitarian crisis. The fact is that Italy and Greece are unable to cope with looking after migrants and processing their claims for international protection status. Conditions have become so poor in Greece that the European Court of Justice has held that states that return asylum seekers to Greece are in breach of the prohibition against torture and inhuman or degrading treatment.

In response, the emergency European Council summit in April agreed to consider organising emergency relocation between all member states on a voluntary basis. What this meant in practice was that the member states agreed voluntarily to assist Greece and Italy by taking in or relocating some of the migrants already based in those countries. However, in May, the EU Commission proposed a Council decision that, if adopted, would create a temporary scheme to relocate 40,000 migrants entering the EU via Italy and Greece to other member states, with the precise numbers to be determined in accordance with a mandatory quota system. Since that point, the Commission and the European Council seem to have been in disagreement. What happened next was that the European Council agreed at its meeting in June that the Council of Ministers should adopt a Council decision providing for,

“the temporary and exceptional relocation over two years from the frontline Member States Italy and Greece to other Member States of 40,000 persons in clear need of international protection, in which all Member States will participate … all members will agree by consensus by the end of July on the distribution of such persons, reflecting the specific situation of Member States”.

This meant that the European Council accepted the principle that 40,000 migrants should be relocated from Greece and Italy, and the reference to agreement on distribution by consensus, rather than by qualified majority voting, underlined that the European Council was rejecting the mandatory nature of the scheme proposed by the Commission and reverting to a voluntary political agreement.

Earlier this week, on 20 July, after the report was published, the Justice and Home Affairs Council agreed to a voluntary scheme that would relocate 32,256 migrants—almost 8,000 short of the target agreed by the European Council. Germany has agreed to take 10,000; Luxembourg, with a population of a little over half a million, is taking 320; even Malta, which is already overburdened with migrants entering Europe by sea, is taking 60. The UK is taking none—not even one.

[Lord Higgins (Con)]

I wonder whether the noble Baroness will allow me—

[Baroness Prashar]

Will the noble Lord forgive me if I do not give way, because I would like to go through my speech first? I can answer questions later.

--- Later in debate ---

[Lord Higgins]

Could the noble Baroness just clarify one point? I should explain that I have taken part in all the other debates on this issue. She refers to migrants. Is that the same as asylum seekers?

[Baroness Prashar]

Could the noble Lord repeat the question?

[Lord Higgins]

The noble Baroness referred just now to migrants. Is that the same as asylum seekers?

[Baroness Prashar]

Yes, in this case they are predominantly asylum seekers.

[Lord Higgins]

But not exclusively?

[Baroness Prashar]

Not exclusively. The point is that the definition of a migrant is rather fluid, because people who are migrants may become asylum seekers or refugees.

As I said, the UK has taken none—not even one. This week’s political agreement appears to have sidelined further involvement by the Commission, so the status of the Commission’s proposal is uncertain. It is not clear whether it will be withdrawn or amended. Indeed, the information published by the Council about Monday’s meeting has muddied the waters, leaving it unclear on what legal basis the Council’s decisions are being taken forward. That is why the Motion before the House is conditional on the Commission amending or replacing its proposal in such a way as to reflect the conclusions of the European Council.

This is a convoluted story; it was not the way to handle an issue of such gravity and importance. We need to remind ourselves of the underlying reality of this crisis. First, the proposed scheme would not relocate any migrants who have entered Italy or Greece. Only those who are from countries where over 75% of emigrants are successful in claiming asylum status are eligible. At the moment, only three countries meet this condition: they are the conflict-ridden states of Iraq, Eritrea and Syria. Those who would be helped by the scheme are overwhelmingly refugees and not economic migrants.

Secondly, the scheme has repeatedly been conflated with the concurrent proposal to resettle 20,000 refugees in the EU directly from north Africa, the Middle East, the Horn of Africa and other priority areas. The UK has agreed, in accordance with long-standing international obligations, to take in just more than 2,000 refugees under the resettlement scheme—but this has no bearing on the relocation scheme, which applies only to migrants who are already in the EU.

Why is the UK refusing to help? The Government argue that the relocation scheme, which is helping those migrants who have already reached the EU, will act as a pull factor and encourage more people to risk their lives. This claim is wholly unsubstantiated, and the Minister, James Brokenshire, was unable to offer any evidence to support his claims when he appeared before the committee. These refugees are fleeing for their lives. The notion that the relocation scheme will encourage more to flee is therefore totally unconvincing.

The Government also cite their wider objectives, such as stopping migration across the Mediterranean and reducing the flow of migrants in countries of origin. These are of course laudable medium and long-term objectives—my sub-committee has just launched an inquiry into the EU’s agenda on migration, which will address these issues in more detail—but they have no bearing on this proposal, which has a specific, limited goal to deal with the current humanitarian crisis.

If the EU fails to relocate refugees, they will be forced to remain in countries which have increasingly poor reception conditions and which, particularly in the case of Greece, are facing economic crises that seriously reduce their capacity to accept additional migration. This is a humanitarian crisis which requires genuinely collective EU action. Moreover, this scheme is about the fundamental principle of solidarity and burden-sharing between member states. As an EU member state, we have a duty to show solidarity and help deal with the crisis. The political and international implications of failing to opt in would also be grave. This humanitarian crisis is happening within the EU’s own borders, and the EU’s failure to deal with it adequately is undermining its international credibility. Effective action is needed and this cannot happen unless all member states, including the UK, take their share of the burden.

After the June Council, the Prime Minister made it clear that the Government do not wish to take part in the relocation scheme. However, the Government’s Explanatory Memorandum leaves open the possibility that the UK may help if a voluntary scheme is introduced. This now appears to have happened at this week’s Justice and Home Affairs Council. Moreover, the distribution of relocated migrants is well below the target of 40,000, so it would seem that there is still scope for the UK to participate in this scheme. The precise number of migrants that the UK would take would of course be up to the Government.

Before I finish, I have three questions for the Minister, of which I have given his office advance notice. First, further to the Council’s resolution on 20 July, will there be EU legislation to establish the relocation scheme? Secondly, what form will such legislation take and on what legal basis will it be adopted? Thirdly, what relationship will this legislation have to the Commission’s original proposals? These are technical questions but they are important.

Technicalities aside, the issue we are discussing today is fundamentally a question of the UK’s responsibility as a member of the EU. We believe that duties of solidarity with our allies, and compassion for those who have fled civil war, mean that the UK must opt in. Moreover, we believe that it is in the UK’s interest to take part in the proposed scheme. Now, above all, we should show we are fully engaged in supporting our partners. I urge the Government to reconsider their position and opt in. I beg to move.

Calais: Border Management

Lord Higgins Excerpts

Wednesday 24th June 2015 Lords Chamber

[Lord Bates]

There could be a whole range of reasons. I am proud of this country; it is a wonderful country; it is a privilege to live here. I have no doubt that many people would want to come here. The point is that we cannot have an open-door policy; we need to have a managed immigration policy for people who have gone through the proper channels to arrive here. People who try to circumvent that clearly need to be stopped.

[Lord Higgins (Con)]

Following on from the previous question, has my noble friend noticed the comments by Mr Vaz, the chairman of the relevant committee in another place, who said that the attraction of this country is not simply the benefits system but the fact that illegal immigrants are able to obtain employment?

[Lord Bates]

I do not want to stray into what might be considered a partisan point, but when a country has created 2.2 million jobs while there is still a high level of unemployment in the EU, particularly in France, that will clearly be in the minds of people who are making economic decisions. Economic migrants should be returned—that is not what we are looking for. If people are genuinely fleeing for their lives and for asylum purposes, their applications need to be considered in the proper way.

EU: Asylum Seekers

Lord Higgins Excerpts

Thursday 18th June 2015 Grand Committee

[Lord Higgins (Con)]

My Lords, Britain generally has a very good record on helping asylum seekers. I suddenly realised this morning that I am the only survivor of a three-man Cabinet committee which eventually persuaded the Government to accept the entry of Kenyan Asians who were being persecuted under Mr Amin. I must say that it was an extremely successful exercise because they have integrated in an extraordinary way. However, our record is not without some flaws. It was quite late that I discovered that, when war broke out in 1939, not only were Jewish refugees arrested and interned but the Treasury confiscated any assets that they had. It was decades later before I managed to persuade Margaret Beckett, who was very good on this, to get the Treasury to do something to try to repay the heirs and successors of those who had suffered in this way.

It is very important indeed that we maintain our good record on asylum seekers, but we have to face the fact that we now have an enormous problem compared with any previous situation that one can recall. It is not simply individual asylum seekers who are being persecuted, or identifiable groups, but a whole tranche of people who are being persecuted because war is taking place on their territory, and they are nowadays better able to move than they were before.

I am a little puzzled as to why this is a Home Office matter and why my noble friend is replying, since many aspects of it are clearly international. I am sure that he can assure us that there is adequate co-operation between departments. Essentially, the Home Secretary sought to set out a programme. The question I have is: are we making any progress whatsoever on the various proposals that she made? She said first that,

“separating the current essential search and rescue work from the process of gaining permission to stay”,

in the UK is essential. We should then seek to establish a safe landing area where we can separate economic migrants from genuine refugees. Have we made any progress in international negotiations in getting that done?

The crucial problem that we face is that the more we do to try to help the desperate people in danger in the Mediterranean, the more we are likely to encourage them to come. We have to face this crucial problem. If they thought that, although they would be rescued, that does not mean that they then have free access to achieve the travel that they were trying to carry out; that is another matter. The two things are very much linked. It has to be: what do we do with those who are not genuine refugees and what do we do as far as that is concerned?

I have to say to my noble friend that I am not the least bit clear, given the Home Office’s policy, what orders are given to our naval ships and so on as to where they should disembark the people who they rescue. There seems to be some contradiction as far as that is concerned.

Overall, the policy that the Government are putting forward is right. We must try to support it. There are a number of other ways that we can help. In particular, we need to take stronger action against traffickers. Have we managed to arrest any traffickers? Have any of them been prosecuted? What penalties have been imposed on them? One’s impression is that that this has been a totally futile exercise and that there does not seem to have been any attempt whatever, when traffickers accompany or begin to accompany and then desert those who seek to travel, to segregate traffickers from the remaining people in the boats.

These are immensely difficult problems. We are grateful to the noble Lord, Lord Dykes, for initiating the debate, but it is clearly so important that we ought to have a debate on the Floor of the House at a very early date.