Fraud: Phone Scammers
Lord Hunt of Chesterton Excerpts(9 years, 5 months ago)
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Lord Bates
It is very difficult. Sometimes they are using data that were provided before the person delisted from the system. That is something that Ofcom is looking at, and the Government are engaging with Ofcom in that matter, but it is an ongoing problem that we will have to live with.
Lord Hunt of Chesterton (Lab)
Why are local authorities now asking people to give all this personal detail when they are registering to vote? If it is voluntary, you either do not give it or you do—and I suspect that a lot of people are giving too much information, which the local authorities proudly say that they are selling. I cannot understand it.
Lord Bates
Again, in that particular piece of legislation there is a provision whereby someone can choose not to have their details revealed.
Lord Bates
Right, but the point is that that provision is there. A lot of what we have to do is in terms of making people aware of their rights in the disclosure of information, as well as being responsible.
Immigration Bill
Lord Hunt of Chesterton Excerpts(10 years, 1 month ago)
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Lord Rosser (Lab)
My Lords, I am moving again an amendment which we moved in Committee which we consider to be key and ought to be in the Bill. Clauses 43 and 44 deal with the issue of work and would, first, streamline the processes by which an employer can object to or appeal against a civil penalty by requiring employers to raise an objection to the Secretary of State before making an appeal to the civil court. Secondly, it would make it easier to enforce unpaid civil penalty debts in the civil courts.
Immigration is a welcome and important part of our life and our country’s success over the years owes much to the people who have come here from around the world and have helped to make it a better place. However, we are all aware of the fact that immigration can bring with it certain pressures and certain difficulties for our communities. The Bill does not include any of the important work-related measures which we have been calling for, and we tabled a number of amendments for Committee stage as a means of raising these issues. Amendment 53 has the aim of ending the practice of some recruitment agencies excluding local workers.
To state what I hope is obvious, many or most recruitment agencies are a great asset to the communities in which they work, helping employers and potential employees find work, and keeping local economies in particular ticking over. However, there has been a problem with some employment agencies effectively taking on only foreign workers and excluding British people from their books.
That has become more of an issue because, over the past couple of decades there has been a significant growth in agency employment; I understand that the figures show a 500% increase in agency workers between the mid-1980s and 2007. A look at the figures shows that migrants are increasingly overrepresented within agency work, particularly at the lower end, with A8 accession country migrants constituting the largest single group of agency workers. In some sectors—the meat and poultry processing industry, for example—there are examples which have come to light of British workers facing difficulty registering for work with some agencies which exclusively supply migrant workers, generally eastern European nationals.
We have the evidence of the Equality and Human Rights Commission, which conducted a major survey in 2010 and found that one-third of agencies confirmed that they had acted unlawfully in sometimes supplying workers by judging what nationality the processing firm would prefer, or responding to direct requests often based on stereotypes about the perceived dependability of particular nationalities. There has been the example of an organisation advertising cleaning services with a message saying that it has a thorough vetting system for all its cleaners, and then going on to say that they all come from Poland and that several of them have had extensive cleaning experience in the United Kingdom. In 2010, we had the case of a British supermarket supplier accused of discriminating against local workers after insisting that new recruits had to speak fluent Polish. The firm, I believe, was one of Asda’s biggest suppliers—it was not Asda itself—and it maintained that the requirement was necessary to ensure that all employees could understand the same instructions. The condition was included in an e-mail advert sent out on behalf of the firm and dispatched to hundreds of potential applicants on that particular agency’s books. The advert read:
“Immediate factory work available! If you are available or have any friends available, work is starting tomorrow for induction training. Ongoing factory work (meat production) for 4-5 months, shifts are 7am-5pm or 9am-7pm. Transport provided. Applicants must speak Polish”.
The latter sentence would appear to indicate that it was asked for a certain category of potential employee, since I do not know that Polish is spoken very much in this country, apart from among Polish people.
Lord Hunt of Chesterton (Lab)
My Lords, I would like to reinforce that point. In the previous election in Stoke, I found people complaining bitterly that you had to speak Polish and that all the health and safety instructions were in Polish in certain factories. There are other such stories, so it is a serious point.
Lord Rosser
I thank my noble friend for that helpful intervention. The idea that, in core sectors of our economy, recruitment agencies should exclude local workers and make a virtue of being able to offer—this is often the reason it is done—cheaper, more flexible and allegedly more compliant staff than those available locally is surely wrong. It cannot be fair on UK workers who do not have the opportunity to compete for those jobs, and it is certainly not going to help us rebuild our economy.
As I understand it, currently the only way for action to be taken is for an individual to bring about a discrimination case through an employment tribunal or for the Equality and Human Rights Commission to bring a compliance order. That is because recruitment agencies—or, rather, the recruitment agencies concerned; I do not want to suggest that it is all of them—are not legally prevented from acting in this particular way. We need to strengthen the law so that agencies are not able to operate such practices, either formally or informally. If this kind of practice is going to continue, then we need to start enforcing that law properly, with more prosecutions for agencies that flout discrimination laws. That is why we have tabled this amendment again on Report. In replying to this point in Committee, the Minister, on behalf of the Government, acknowledged that,
“there is a problem with a small number of unscrupulous employment agencies that source labour exclusively from overseas, particularly eastern Europe”.—[Official Report, 17/3/14; col. 19.]
I believe the Minister said that he was “sympathetic” to the aims of the amendment. I am not sure that sympathy, although welcome, is really enough because sympathy does not put right what is surely a wrong that ought to be rectified.
Our amendment gives the Secretary of State the power,
“to prohibit United Kingdom based agencies, as defined in this section, from including only people not ordinarily resident in the United Kingdom as their clients”.
It is an order-making power, and the principle that it is seeking to establish is clear. If the Government are sympathetic to the terms of the amendment, it would of course be open to them to set out more of the detail in the order to ensure that it achieves its aims. Alternatively, if the Government accept the principle of our amendment, they could come back with their own amendment at Third Reading if they do not agree with its specific wording. Of course, we had an example of that happening very recently with the Defence Reform Bill, where an amendment was discussed on Report. The Government clearly did not like the wording but they accepted the principle and came back with their own amendment at Third Reading, which was duly carried. So that is a very recent example of the Government saying that they agree with the principle of an amendment, perhaps do not like its wording and agree to come back with their own wording at a later stage in the Bill, in this case Third Reading.
Therefore I say, simply, that there is a problem, and, as I understand it, the Government recognise that. This amendment gives the Government the opportunity to act now to rectify this problem by either accepting this amendment or, if they do not like its wording, by agreeing to come back with their own amendment on Third Reading to address the issue I have raised. I beg to move.
Anti-social Behaviour, Crime and Policing Bill
Lord Hunt of Chesterton Excerpts(10 years, 3 months ago)
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Lord Deben (Con)
My Lords, although the amendment is entirely good hearted—I quite understand the reason for it, and the problem it seeks to address is a serious one—I fear that I follow the noble Earl, Lord Lytton, in thinking that the difficulty with which we are faced is a belief that, somehow or other, by passing laws we can solve every problem. That is the kernel of this issue.
The vast majority of people who hold any kind of firearms licence—I declare an interest, as I am one of them—are law abiding and go to huge trouble to ensure that the firearms do not get into the wrong hands, that they are properly locked up, and so on. Already, the very considerable time spent on checking people who have never given any reason for complaint is a source of irritation—although combined with some understanding—to large numbers of people. We must recognise that we already have a very significant amount of regulation in this area.
We have to ask whether any further regulation of this kind, any further step taken in this direction, will do what is intended. I fear that I come to the conclusion that it will not. One of the difficulties is that those with bad intent seem to be much more able to acquire the means to put that intent into action than we would expect, if that is not our way of life. We rather naively sit here thinking that if we write the right legislation, somehow or other it will corral such people.
I have great sympathy with my noble friend who has to answer this debate, but I say to him that we have a long history of doing things because we feel that “something must be done”, even if what is done is not helpful but causes considerable expense and further aggravation. I ask him to be extremely careful and to make his response very balanced. We all have sympathy with the intentions of the noble Baroness, Lady Smith, but I suspect that this is not the answer to the problem.
Lord Hunt of Chesterton (Lab)
My Lords, the worrying thing about the remarks made by my noble friend Lady Smith is the idea that the police decide whether to prosecute on the basis of their chances of winning or losing some court case. That is extremely worrying. It means that the law as put into practice depends on someone’s estimate of whether the police should deal with somebody who might sue them, and who has a big enough legal budget to be able to do that. This seems to call into question the whole legal basis of the way we operate. I very much hope the Minister will explain the situation and say that decisions are not being taken according to the chances in the law court. That seems a complete negation of how we are supposed to operate our society.
Lord Lucas (Con)
My Lords, when my childhood friend murdered her husband, she did so with a kitchen knife. It has always been my impression that people who get into that sort of situation domestically use whatever weapon is to hand. I would be very interested if the Minister could provide some evidence as to whether people who hold firearms licences or shotgun licences—I hold both—are more or less likely to murder someone than people who do not hold such licences. Do we actually have a problem here, in the general sense? Looking at things in the round, are we being effective in issuing licences, as we ought to do, to people who are generally less likely to murder someone—or are they more likely to murder someone? What are the statistics for the country as a whole?
If, as I rather suspect, we find that people who are issued with such licences are generally much more law-abiding than the population as a whole, perhaps the amendment does not address a real problem. Or rather, it addresses not a problem that exists in the round, but a particular problem with how the police are assessing individual cases—when, perhaps, they have evidence that someone is not suitable, and are not taking action on that evidence.
It is difficult to see what, under subsection (2) of proposed new Section 28B of the Firearms Act, the police could do to get more evidence than they already have as to the suitability or unsuitability of someone to hold a shotgun licence. What is,
“substantiated evidence … of domestic violence, or drug or alcohol abuse”,
if not the records and evidence that the police already hold? Surely they are not going to go casting around for rumours, because such evidence would not be substantiated. It does not seem to me that one could mount a quasi-criminal investigation without any evidence of a crime, merely to see if one could entrap a rumour or two. I do not know what could be done under the amendment that, as the noble Earl, Lord Lytton, said, is not already being done as part of the process.
However, if there is a step in the process whereby the police have evidence but feel frightened to act on it—this seemed to be the idea emerging from the way in which the noble Baroness, Lady Smith of Basildon, addressed her amendment—perhaps we should take the action suggested. But first, as I said earlier, I would be interested to know whether we are dealing with a real problem, or whether this is something of a rarity.
Lord Hunt of Chesterton
My Lords, we have heard one story about a knife, but I have a good friend in America and his wife took a gun to him. It does happen with guns too.
Lord Lucas
But if one weapon were not to hand, do people not tend to use whatever is to hand? I suspect that we will find that people who own guns are rather less likely to murder people than those who do not.
Crime and Courts Bill [HL]
Lord Hunt of Chesterton Excerpts(11 years, 10 months ago)
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Baroness Hamwee
My Lords, I shall certainly do so, but I have two comments. First, I thank the Minister for confirming the point about the spirit, which I am glad to have confirmed from the Dispatch Box. On another more general point, each Bill seems to be thicker than the last. A few years ago, it would have been adequate to say, “The Secretary of State shall publish a document”. Now we have to say, “The Secretary of State shall publish a document in the manner in which she deems to be appropriate”. The officials will understand why we probe some of these words more often than just from time to time.
Lord Hunt of Chesterton
I was a civil servant in the Met Office and used to visit other agencies. The variability in the publication of annual reports is quite extraordinary. A Minister visited the National Physical Laboratory and asked, “Why do you publish all these annual reports?”. I am glad to say that the Met Office continues to publish annual reports and they are still very valuable and people refer to them. Therefore, I was very surprised by the Minister’s insouciant response to this whole issue of the publication of reports. As the noble Baroness said, the relevant information is very unsatisfactory. Are the Government looking into this more broadly?
Earl Attlee
My Lords, in days of old there was only one way of publishing a report, which was in hard copy. Today we can publish on the internet. We can also issue a CD and issue hard copy on a limited circulation. The provisions in the Bill take account of the various ways of releasing the information without being too prescriptive.