Extradition: Gary McKinnon

Lord Hunt of Kings Heath Excerpts

Thursday 16th December 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, we will clearly look forward to the outcome of the review with a great deal of interest. I hope the noble Baroness will agree that there should then be parliamentary debate. However, will the noble Baroness confirm that the 2003 Act, which was debated in Parliament, enabled the UK to align extradition arrangements with EU member states, the US, Canada, Australia and New Zealand, and has been instrumental in bringing back to this country people who have committed crimes against UK citizens?

[Baroness Neville-Jones]

The noble Lord is correct in saying that the Act has enabled the UK to request the return of citizens to this country for trial. There are some erroneous figures out in the open about the operation of the UK-US treaty. The numbers in each direction are pretty much the same. There have been 25 cases of people returned to the UK and 29 of individuals returned to the US by the UK.

Police: Retirement

Lord Hunt of Kings Heath Excerpts

Monday 6th December 2010 Lords Chamber

Asked By

[Lord Hunt of Kings Heath]

To ask Her Majesty’s Government what assessment they have made of the impact of the decision of a number of police forces forcibly to retire police officers who have 30 years or more service.

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, the Government have not made any such assessment. It is the responsibility of police authorities and chief officers to manage the resources and staff available to them to ensure effective policing for the communities in their area. They are best placed to consider operational decisions including the impact of using their powers under Regulation A19.

[Lord Hunt of Kings Heath]

My Lords, does the Minister not think it extraordinary that some of our most experienced police officers are being forced to retire while the Government are prepared to waste millions of pounds on the election of police commissioners? Can the Minister tell me how many police officer jobs will be lost in order to pay for the politicisation of our police force?

[Baroness Neville-Jones]

My Lords, the Government do not accept the conclusion to which the noble Lord has just leapt. As things stand, the officers who are eligible for retirement, having 30 years’ service, number 3,260 out of a total force of 143,000 warranted officers. Therefore, I do not think that we should exaggerate the quantum of those involved.

Identity Documents Bill

Lord Hunt of Kings Heath Excerpts

Wednesday 24th November 2010 Lords Chamber

[Baroness Neville-Jones]

That the Bill do now pass.

[Lord Hunt of Kings Heath]

My Lords, I am sure that the whole House would wish me to thank the Minister for her careful stewardship of the Bill during its passage through your Lordships’ House. She will be aware that, last week, the House voted to provide compensation to holders of the ID cards that are to be taken out of circulation in the next few weeks. Do the Government now intend to honour the vote and the intention of the House of Lords last week?

Immigration: Home Office Procedures

Lord Hunt of Kings Heath Excerpts

Tuesday 23rd November 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, I will have to see what can be done. This seems rather distant from the original Question.

[Lord Hunt of Kings Heath]

My Lords, can the noble Baroness answer this one? She will be aware that, a few months ago, the previous Government published a draft Bill on simplifying the immigration law. Contained within it was a proposal on information, to bring together piecemeal powers to require and supply information through specific gateways. Will the Government be taking that forward?

[Baroness Neville-Jones]

My Lords, I am afraid that I do not know. You will have to wait and see.

Controlling Migration

Lord Hunt of Kings Heath Excerpts

Tuesday 23rd November 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I thank the Minister for repeating the Statement and for clarifying the confusion caused by the misleading leak of the contents of the Statement to the BBC this morning—not the first time that that has happened.

I am sure that the Home Secretary is right to say that migration has made, and continues to make, a significant contribution to the economic vibrancy, business strength and social vitality of our country. She is also right to say that it is essential that migration is properly controlled for reasons of both economic well-being and social cohesion. The question is: how does one achieve that? Over the past few years, the Labour Government put in place transitional controls on EU migration, a suspension of unskilled work permits, a tough but flexible points system to manage skilled migration, tighter regulation of overseas students leading to the closure of 140 bogus colleges, and new earned citizenship requirements for those seeking settlement.

At the general election, the leader of the Conservative Party proposed to go further in two key respects. First, he proposed a new target, reaffirmed in last week’s debate in the other place by the Parliamentary Under-Secretary, to reduce net migration to tens of thousands by 2015. To meet that target, he pledged a cap on immigration which he said would be tougher than the points system. At the time, the leader of the Liberal Democrats said that they did not come up with promises like caps which did not work; he then agreed to the cap in the coalition agreement.

Since then the Government have been in wholesale retreat and today they are in some confusion. The CBI, the chambers of commerce, universities, Nobel prize winners, UK and foreign companies—large and small—have all highlighted the huge damage the Government’s proposals mean for business investment, research and job creation.

The Home Affairs Select Committee in the other place, and the Migration Advisory Committee, have highlighted that the proposed cap not only excludes EU migration but covers only 20 per cent of non-EU migration, with overseas students and family members being outside the cap entirely. At the weekend, the business editor of the Sunday Telegraph wrote that the Government’s “ill considered immigration cap” has had,

“the bizarre result of causing substantial problems for Britain's leading businesses whilst at the same time having only the most minor of impacts on the number of people actually coming to the UK”.

We have had the sight of the Prime Minister hinting at concession after concession in the face, we read, of opposition from the Home Secretary. But, then again, thanks to the excellent public lobbying and guerrilla tactics of the Business Secretary, the Home Secretary has now come to the other place to confirm the details of that retreat.

While we will need to keep a close eye on how our proposals will affect business and science, we certainly join business representatives in welcoming the decision to exempt intra-company transfers of workers. What has caused the confusion is this morning’s briefing to the BBC that the total cap would be 42,700 work permits. I understand that mid-morning the Home Secretary’s officials had to clarify to the Press Association that there is no such cap on that scale. My understanding from the Statement, as the noble Baroness has repeated, is that the Home Secretary will allow 21,700 tier 1 and 2 work permits, but with no cap on migration due to intra-company transfers. I ask the noble Baroness what the overall reduction will be as a result of the so-called cap announced today. If the number of intra-company transfers goes up, can the noble Baroness tell the House whether she will then put in place an offsetting cut in tier 1 and 2 permits? If not—and I know business representatives will very much hope that the answer is not—can she confirm that the supposed cap is in fact just a guess; a fig-leaf and no cap at all? This is a policy designed for an election campaign, but not suited to the reality of Government or the actual long-term interests of the UK.

Given her Permanent Secretary’s revelation this morning that her department will lose 9,000 jobs—the bulk of which will be in the UK Border Agency—is the Minister confident that she will have enough resources to enforce her migration policy and keep our borders secure?

On family reunification, the Statement had nothing new to say. No estimate was given to the House of how many fewer visas she will need to grant by 2015 to meet the Prime Minister’s target. On overseas students, we are promised another consultation and, again, with no estimates. Why is that? Could it be that the Prime Minister is simultaneously travelling to countries of the world, inviting students to come to Britain to study and the Business Secretary is telling our universities that they can live with an 80 per cent cut in teaching budgets because they can mitigate the loss with fees from overseas students? Is that the position?

I would also like to ask the noble Baroness whether it is still the objective of the Prime Minister and the Government to cut net migration to the tens of thousands by 2015. I notice that in the Statement the goal was repeated but we no longer get the date of 2015. Can the noble Baroness reaffirm that the 2015 promise still stands? It is a simple question: is the tens of thousands pledge still binding by 2015?

[Baroness Neville-Jones]

My Lords, I, too, listened to the debate in the Commons and I note that the Speaker did not admit the proposition that there had been a leak from the Home Office. I do not believe that there was a leak from the Home Office. This is not an instance that can be cited in that direction.

The noble Lord asked a number of questions—

Identity Documents Bill

Lord Hunt of Kings Heath Excerpts

Wednesday 17th November 2010 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

2: Clause 2, page 2, line 5, at end insert—
“( ) giving cardholders the option of being reimbursed £30 on surrendering their ID cards by such a date and pursuant to such arrangements as the Secretary of State considers appropriate”

[Lord Hunt of Kings Heath]

My Lords, we come to an important amendment, which I hope the Minister will be prepared to accept, to do right by those members of the public who in good faith purchased an ID card. The introduction of ID cards was controversial and subject to intense debate in your Lordships' House. We on this side saw the ID card scheme as a convenient and secure way of asserting one’s identity in everyday life. The card was more affordable than a passport and functioned as a valid travel document throughout Europe, and we saw it as a way of demonstrating eligibility to work and as proof of age for young people or those without a driving licence. The parties opposite disagreed with that principle and in their election manifestos argued for abolition of the cards. For that reason, we have not at any stage sought to oppose the Bill, although in Committee we tabled some probing and constructive amendments, including this one.

The point of my amendment is this. As a result of the introduction of ID cards, 12,000 or so members of the public purchased a card for £30. The cards were for a period of 10 years. As a result of the Bill, should it successfully pass, the cards are to be cancelled within a short time, many years before their due expiry date. That is fair enough; it is a decision of the Government and is why they have brought this legislation to your Lordships' House. What is not fair is the Government’s decision to refuse to refund the £30 to those who purchased an ID card.

I have been rather disappointed by the Minister’s somewhat unsympathetic attitude. On Second Reading, she said:

“We realise that some people who spent £30 for a card with a 10-year life expectancy will be disappointed that it will be cancelled later this year without any refund, but those who chose to buy a card did so in the full knowledge of the unambiguous statements by the coalition parties that the scheme would be scrapped if we came to office. They cannot now expect taxpayers to bail them out”.

She went on to say that,

“citizens have to be aware of what is going on around them. It was clear that this scheme would have a risky future ahead of it”.—[Official Report, 18/10/10; col. 715.]

She then dismissed the potential refund of £30 as,

“rather less than probably most people pay for a monthly subscription to Sky”.—[Official Report, 18/10/10; col. 742.]

The Minister seemed to be saying that members of the public are meant to have a thorough understanding of the views of political parties, make an assessment of who is going to win an election and then make their dispositions accordingly.

[Baroness Hamwee]

I am confused—I do not know whether other noble Lords are. Is the noble Lord speaking to the first and third amendments?

[Baroness Hamwee]

I did not hear because of the kerfuffle.

[Lord Hunt of Kings Heath]

In the flurry of Members leaving, the noble Baroness may have missed that my noble friend Lord Brett did not move the first group. I am talking about Amendment 2.

Even if you were to accept that argument, which I do not, the fact is that there were mixed messages. I shall read an extract from the Daily Telegraph of 24 May 2010:

“Chris Grayling, the former shadow home secretary, had signalled that there would be refunds for cancelled cards”.

So even if you accept the argument that members of the public were meant to read the newspapers to get an understanding of what the opposition parties were saying would happen with ID cards in the event that they won—that even though a member of the public had bought a card for 10 years, it was tough luck—the fact is that the position was not clear in the media and there were conflicting statements.

I encourage noble Lords to think about the wider principle, not just about ID cards and £30. An incoming Government are saying that because they disagreed with the original policy of a previous Government, it is simply tough luck that members of the public decided to act on that policy. They are simply expected to have this right taken away from them without any possible compensation or recompense at all. I think that that is a rather extraordinary principle to adopt. I also think that it impacts on the reputation of governments as a whole. Does the Minister not see that, in refusing to refund the £30, she is really developing a new principle which can only reduce trust in government generally?

--- Later in debate ---

[Baroness Noakes]

My Lords, I will pick up the point made by the noble Earl, Lord Erroll. It might help the House if my noble friend were to say that the Government would have no objection to similar amendments being tabled again at Third Reading, so that the matter could be deliberately left open to be considered again then.

[Lord Hunt of Kings Heath]

My Lords, I say to the government Front Bench that we are out of order. It is the job of the Front Bench on the government side to make sure that we keep to order.

[Baroness Neville-Jones]

Perhaps I may just say that I have undertaken to take the point away. I have done so in good faith and noble Lords may rely on my good faith.

--- Later in debate ---

[Baroness Anelay of St Johns]

My Lords, this is a matter for resolution in the normal manner, which is that usual channels discuss these issues. I understand, as Government Chief Whip, that it would be appropriate for the Opposition to bring forward an amendment if they felt that the government amendment or failure to act was inappropriate. These are the matters that are discussed in the usual manner; as the noble Lord, Lord Bassam, says, we have had these discussions in the past. It may perhaps assist the House to recall that over the last few months the Public Bill Office has on two occasions advised Opposition Members that they may table Third Reading amendments to take forward matters that have been debated on previous occasions. We do enjoy a fair amount of latitude—I say fair because it is fair to all—within the overall context that Third Reading is not intended to open new issues.

[Lord Hunt of Kings Heath]

My Lords, I have heard with a great deal of interest the comments from the Captain of the Gentlemen-at-Arms, the Government Chief Whip and the Minister. This matter has been aired at Second Reading, in Grand Committee and now on Report; this is the third time we have debated these issues. While great eloquence has been brought to our debates, no new argument has been brought. The noble Baroness has said, finally, at the end of a long debate—and I suspect rather reluctantly—that she will take it back to look at again. Frankly, in view of the debate, that is not good enough: it is quite clear that the House requires the Government to change their mind. Not much purpose is served by yet more agonising. The House is quite prepared to come to a view and I wish to test its opinion.

--- Later in debate ---

Moved by

[Lord Hunt of Kings Heath]

4: After Clause 3, insert the following new Clause—
“Report on costs and savings
(1) The Secretary of State must, within 4 months of this Act coming into force, lay before Parliament a report setting out the costs and savings associated with cancelling ID cards.
(2) The report laid under subsection (1) must, in particular, specify—
(a) the costs associated with cancelling all ID cards and sending letters to cardholders under section 2(3),(b) the costs associated with destroying information in the National Identity Register under section 3, and(c) any savings identified as a result of cancelling ID cards and destroying information in the National Identity Register.”

[Lord Hunt of Kings Heath]

My Lords, the amendment is fairly straightforward, and I hope that it will be seen as a much-needed addition to the Bill. Conservative shadow Ministers when in opposition made varying claims about the current cost of the ID card scheme which ranged widely from nearly £1 billion to up to £20 billion. Meanwhile, the National Identity Service cost report of October 2009—the official document laid before Parliament under the terms of the Identity Cards Act 2006—stated that the projected forward cost of providing ID cards for the next 10 years until 2019 was £835 million. Crucially, that figure does not equate to the savings to be made from scrapping the scheme. We know that because we read the impact assessment that accompanies the Bill, which states at the bottom of page 4:

“The October 2009 cost report indicated that cancellation of ID cards would avoid future costs of £835 million up to October 2019. However, these costs are planned to be recovered through future fees to ID card purchases. Therefore, there are no benefits to the taxpayer from Year 3 onwards”.

The tables included in the impact assessment reveal that total savings from scrapping the scheme are £118 million. The total cost of cancelling the ID cards and the NIR are given as £22 million, although the Bill’s Explanatory Notes state the cost to be £55 million. There appears to be a muddle and the Government have been rather misleading to claim the scale of the savings that they have done. A definitive, preferably independently audited cost and saving report would be desirable and it would be appropriate for it to be part of the Bill. I hope that the noble Baroness will consider this matter as sympathetically as she can.

[Baroness Neville-Jones]

The Government certainly agree that it is important that we are open and transparent about costs and savings. Ministers have set out the level of costs, both in the debate here and in the other place. Clearly, the Opposition do not entirely agree with our figures, but we have set out the costs and savings as we see them and as they are expected to be over the spending period. We also agree that it is important that these are set out in an accountable and auditable form and that is why we are including the costs and savings associated with scrapping the ID card scheme in the annual report and accounts—we have already undertaken to do this—which will be submitted to the House of Commons by the chief executive of the Identity and Passport Service.

Noble Lords will be aware that the annual report and accounts are presented to the House of Commons in accordance with Section 7 of the 2000 Act and they are published by the House of Commons. The accounts are aimed at being published in advance of the Summer Recess. If one looks at the noble Lord’s amendment, one can see that the timings are such that we would be invited to publish the same information twice over a very short time. I do not think that that makes a great deal of sense.

I can confirm to your Lordships that there will be a full and transparent breakdown of the costs and savings related to ID cards in the IPS annual report and accounts for the next year and that these will cover the points raised in the amendment so that there will be complete clarity on the points that noble Lords have raised. Accordingly, I invite the noble Lord to withdraw this amendment.

[Lord Hunt of Kings Heath]

I am grateful to the Minister. She has said that the details that I require will be published and I am very happy to accept that assurance. I beg leave to withdraw.

Amendment 4 withdrawn.

--- Later in debate ---

[Baroness Hamwee]

In Committee I raised the issues on subsection (10) to which reference has just been made, and I did so for the same reasons—the concerns about, for instance, judicial oversight of a Secretary of State’s decision to retain information for these purposes. I was told then that subsection (10) reflects the provision in the Data Protection Act. I went away and looked at that, and I ought to say thank you. I was entirely happy that although the wording is a little different, it amounts to precisely the same thing. That is not to say that the issue is entirely satisfactorily dealt with. Perhaps it should be dealt with in a different way in this piece of legislation or, as I would like to see, more widely. However, I think that that is a different point.

[Lord Hunt of Kings Heath]

My Lords, it is a great pleasure to welcome the noble Lord, the Earl Ferrers, to our debates on—

[Noble Lords]

No!

--- Later in debate ---

[The Earl of Erroll]

If noble Lords will indulge me for two seconds, the only person who is the exception here is the noble Duke, the Duke of Montrose. Otherwise, we are all Lords and Ladies. We are Peers, so socially we refer to each other as Lord and Lady. Even a Baroness is a Lady, and we put the true title in front.

[Lord Hunt of Kings Heath]

With the greatest respect to the noble Lord, the Earl Ferrers—

[Noble Lords]

No!

[Lord Skelmersdale]

My Lords, while we are in a correcting mood, may I remind the House that we are actually on Report and not in Committee, as amusing as the exchanges have been heretofore?

[Lord Hunt of Kings Heath]

My Lords, I think that the noble Lord, Lord Skelmersdale, was quite right to correct us on this matter. I would however say to the noble Earl, Lord Ferrers, that I have always referred to him in that manner. I will read Hansard with great interest, because I think that, when he rose, he actually said “the noble Lord, the Earl Ferrers”. Perhaps we could reconvene tomorrow to discuss that further when we have all studied Hansard with great care.

We find ourselves in interesting company in this debate because noble Lords who have spoken have, very clearly, different views about ID cards. My noble friend Lord Maxton and I are convinced that, before long, a proposal will come from a Government to reintroduce identity cards on the basis of convenience to the public.

[Lord Phillips of Sudbury]

I thank the noble Lord for giving way. Before we forget, we need to remember that the ID system that we are abolishing was not obnoxious for the mere card; it was obnoxious for the national identity register which carried a mass of personal information and which Microsoft reckoned would become the greatest honey pot in the world for crime.

[Lord Hunt of Kings Heath]

I shall make two points about that. First, I fully understand the point that the noble Lord is raising. It is quite remarkable that we have reached a situation in which private sector companies such as Google are allowed to amass a massive amount of information and then use it for marketing purposes. Frankly, I have some concerns about that. I understand the noble Lord’s concerns.

[Lord Stoddart of Swindon]

The fact of the matter is, as the noble Lord must know, a lot of the material gathered by Google has been gathered illegally. I do not think that the point that he is making in quoting Google is a very good one.

[Lord Hunt of Kings Heath]

I look forward to further debates on those matters. The noble Lord is quite right. I hope that your Lordships' House will have further opportunities to discuss the implications of that, because it is a matter of great concern. There are some international companies that seem to feel that they can do what they like, and there is a need for this to be looked at very carefully. I understand the concerns about Governments amassing data. Equally, I refer the noble Lord to Mr Hodder, who wrote to me before Grand Committee, as an example of a business person who has used his card 30 times in going to the European zone and found it very convenient. For that reason, I do not think that we have heard the last word about the use of such cards.

I hope that the Minister considers taking this matter away. Whatever view noble Lords take of what the last Government did and of the nature of the cards and the information, it is rightly important that the public have confidence that the process used is done properly and well, as the noble Lord, Lord Phillips, said. The BBC carried a very interesting story about some of the techniques that will be used to ensure that the information is appropriately destroyed. I welcome that, but it would be helpful—and it is an important matter of public confidence—to have a proper independent scrutiny of this matter, which is why I very much support the noble Lord in his amendment.

[Baroness Neville-Jones]

Two separate issues seem to have been debated under this amendment. The first was whether one needs the extraordinary amount of information that would have been contained on the national identity register as a means of establishing ID cards, and whether that is the kind of thing that we want to see reintroduced, which I certainly do not believe to be the case. The second issue, which is the proper intention of the amendment, is about ensuring that information retained by the Government is properly governed and accountable. On that second point, I share absolutely the preoccupations of those who have proposed the amendment, but I have reservations about the method that they have chosen to achieve the end. In effect, the amendment establishes a new individual—some sort of passport commissioner—who would have the job of overseeing how the data were used and retained by the IPS. That would also be the case in connection with information received by third parties for the validation of passport applications.

In our view, the Information Commissioner has significant powers, and we would regard them as sufficient to examine and consider or scrutinise any of the data processed within the IPS. I think that the noble Lord has had a conversation with the Information Commissioner to that effect. My impression of the Information Commissioner is that he takes a considerable interest in the operation of the Act and has powers to serve the IPS with a notice to allow him, or his staff, to find out whether the IPS is complying with the Data Protection Act, which is the governing Act here. He is able to oblige the IPS to allow him or his staff to enter any premises and to show any of the specified documents or to see any of the information of the specified descriptions that he wishes to inspect.

Those are very considerable powers. I share the preoccupation of the House in ensuring that Government retain information only for the purposes for which it is genuinely needed and they are governed in ways which ensure that that is the case—that it is not used for purposes for which it was not specified and for which the Government are not entitled to use it. It is important for us to ensure that this is the case, and to talk to the Information Commissioner to ensure that he is able and willing to exercise his powers in this way, which I believe to be the case. I ask the noble Lord if on that basis, and with an assurance from the Government that we will take the intent of this amendment seriously, he is willing to withdraw his amendment?

Immigration and Nationality (Fees) (No. 2) Regulations 2010

Lord Hunt of Kings Heath Excerpts

Wednesday 17th November 2010 Lords Chamber

[The Earl of Erroll]

My Lords, I rise to speak on the Motion as the regulations have a direct impact on a tiny company—on whose advisory board I sit—called Pingar UK, which is developing contextual search engine technology for a number of years. We are a subsidiary or offshoot of a New Zealand company that is funding the research and wanted to have a research establishment over here. This information is highly relevant as it will explain why this government policy is a disaster that will drive small companies such as Pingar offshore.

Tomorrow night, I will take part in a conference call with the New Zealand company in which we will almost certainly decide to move out of this country because of the immigration policy and the visa policy. A company employee took a degree at a Welsh university. He is a Hong Kong citizen. He obtained an 18-month postgraduate visa to do further development work, but that has expired. In the summer, we applied to get the visa extended, but we got caught up in the mish-mash of everything when the new immigration cap of 24,100 visas was suddenly introduced. We needed a certificate of sponsorship.

We got the certificate of sponsorship just in time, which was amazing since we employ hardly anyone over here and the chap in question will really be the first serious employee. That was the right thing to do. However, we were given a zero visa allocation. All the time that we put into the matter was completely wasted because we cannot sponsor him. We have now been told that, for £1,000, we might get a visa after all. The decision has been taken that, as a small business, we cannot afford to pay out £1,000 on a gamble. As another director of the company said, “It is a lottery”, so there is absolutely no point in doing it.

I am intrigued that the Explanatory Memorandum’s paragraph 11, “Regulating small business”, states:

“The legislation does not apply to small business”.

The very reason that we will have to relocate offshore is because, indirectly, the legislation does apply to small business. We will probably try to relocate the research arm in either Singapore or Hong Kong. Pingar is not the only company that I know of in this situation. Many people are considering relocation. I am afraid that the Government’s immigration policy is about the most stupid thing that they could have done for small business.

I have heard, and read in the papers, about the new entrepreneurship visas that are about to be issued. I would love to know how to get one for the chap, if we can. We do not have long to make up our mind. He is currently abroad as, under the law, he is required to be. In the next week or two, we have to decide where he should move to. I should be delighted to hear from the Minister how these new entrepreneurship visas will work. Why should we pay £1,000 to enter a lottery to see whether we can exist in this country?

[Lord Hunt of Kings Heath]

I thank the noble Baroness for her careful explanation of the regulations. The noble Earl, Lord Erroll, has taken us into a rather wider debate. His comments were very interesting and I hope that we will be able to hear more about that issue. There is great concern that the way in which the current cap is operating is doing real damage not just to British business and industry but to the arts and academia, as we have discussed in the House on several occasions in the past few weeks. I hope that we will receive an early announcement from the Government that they will look at the policy again and make it more flexible.

Having said that, we support the general principles that the noble Baroness has outlined. We recognise the challenge of balancing the burden of the administration of the system between the migrant and the taxpayer. My reading is that the burden on the migrant is increasing slightly, although not significantly. Perhaps the noble Baroness can confirm that. I should also be grateful if she could say what impact the fees increase is likely to have on the number of applications. Has an analysis been carried out of the possible impact on at least the main categories of application and whether there will be any unwelcome impact on regular migration when fees are increased? The Minister rightly mentioned some of the benefits of migration, which I must say was welcome.

Has an analysis been carried out of where there is clear benefit to our country from the skills that have been brought in and of our costs and prices as compared with those of other countries, such as Australia, European Union countries and the US? To extend the theme that was mentioned by the noble Earl, we need to be mindful that this country is a great global trading nation. We must be wary of any action that we take that would undermine the ability of UK companies to attract the best people. That has been one of our great strengths over the past 30 years, which it is important that the policy on immigration should not undermine. It is worrying to hear of small companies looking to, say, New Zealand for R&D purposes because of the constraints of the current system.

I would also be grateful if the Minister could confirm whether the increase in the cost of visas, particularly settlement visas, is part of a more general policy to bear down on numbers. Is the price increase part of a general policy of reducing net immigration? Perhaps the Minister would also refer to the matter of the migration impact fund, which was raised by my right honourable friend when the regulations were debated in a committee of the other place. I understand that the visa fee increases of the previous year took into account a £50 million contribution from migrants to that fund, which was intended to pay for projects in constituencies with a sudden increase in the number of immigrants. The Government have decided to abolish the fund, but the amount to cover the fund is staying within the visa fee. If the Minister could give us an explanation of that, it would be extremely welcome.

Will the Minister also provide a little more explanation of the alignment between fees in country and fees out of country, which she referred to in her introduction? Is the goal to have equalisation? Given the policy of looking at the proportion or cost of the administration of the fee, what measures will be put in place in that regard?

I note the significant increase in the fee for dependants. We do not oppose that, as there is a huge benefit to the dependant, but is that increase part of a deliberate policy to deter immigrants from bringing in dependants? Is it in line with the reductions of the rights of dependants, such as work rights, as part of the scheme, or is it just a method of raising extra resources when there is pressure on budgets?

Will the Minister also reassure me that no fees or charges will be imposed on Members of Parliament or Members of your Lordships' House who make inquiries about the progress of an immigration application, on behalf of a constituent, in the case of an MP, or of someone who has approached a Member of your Lordships' House, as happens from time to time?

I have no doubt that the noble Baroness will be able to respond to these questions, orally or in writing. She may take it that we support the general principles, although I share the noble Earl's concern about the wider aspects of the cap, which are doing great damage to British business at the moment.

[Baroness Hamwee]

My Lords, I followed the speech of the noble Lord, Lord Hunt, very closely and will try not to repeat what he said, but I, too, have a number of questions.

The noble Lord, Lord Hunt, asked how our fees compared with those of a number of other countries. I would be particularly interested in those of EU countries, because that is the context in which we should look at ourselves.

Wider policy objectives are referred to in the Explanatory Memorandum. Paragraph 8.2 gives the example of attracting specific groups of migrants who are beneficial to the UK. Like both the previous noble Lords, I find it difficult to separate that from the wider issues of immigration policy. Perhaps the Minister could amplify on that, without taking us into a bigger debate, which we will no doubt have very soon.

Can the Minister tell the House how the monitoring of the impact of the fees, which the Explanatory Memorandum promises will be monitored closely, will be done? Will it be a matter of looking at trends? Important as the examples that we have heard are, those examples would probably not feature very much, if at all, in the statistics. However, sometimes anecdotes are useful.

Like the noble Lord, I am happy to support the approach that has been taken in the regulations.

Public Disorder at NUS Rally

Lord Hunt of Kings Heath Excerpts

Thursday 11th November 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I am grateful to the noble Baroness for repeating the Statement and for the further clarification that she has just given regarding the Home Secretary.

I start by agreeing with the Minister’s right honourable friend, the Police Minister. The right to peaceful protest is a fundamental part of our democracy, supported on all sides of this House. Tens of thousands of students and lecturers came to London from across the country yesterday to exercise that right and to make their voices heard. However, the Police Minister is right to say, as the Prime Minister said last night, that the vandalism and violence that we saw yesterday were completely unacceptable. They were perpetrated by a small minority of thugs who hijacked what was planned to be a legitimate and peaceful demonstration and in so doing denied tens of thousands of students the right to have their voices properly heard.

The Metropolitan Police have told us that the National Union of Students worked closely and co-operatively with them before and during yesterday’s events, as it has done in the past. The president of the NUS rightly said yesterday that the actions of a small minority were despicable and designed to hijack a peaceful protest. We on this side of the House are clear that there is no excuse whatever for such criminal behaviour and that those responsible must be brought to justice. We note that 50 arrests have been made. It is the job of the police not only to tackle crime and protect the safety of all our communities but also to keep public order as they ensure that the law-abiding majority can exercise their democratic right to protest and make their voices heard. The police ensure that thousands of major events and demonstrations pass off peacefully each year, often in difficult and challenging circumstances. I am sure that all noble Lords will want to join me in commending the hundreds of individual officers involved in yesterday’s events, particularly the small number outside 30 Millbank and Millbank Tower early yesterday afternoon, for their bravery and dedication.

When things go wrong, it is vital that we ask questions, find out what happened and learn lessons for the future, so we welcome the urgent investigation that was ordered later yesterday afternoon by the commissioner of the Metropolitan Police and his straightforward and responsible admission that these events were “an embarrassment for London” and that there were lessons to be learnt. The Metropolitan Police have acknowledged that there was an operational failure and it seems sensible and appropriate in this instance that the investigation be conducted by the police themselves quickly and reported to the independent police authority.

I am sure that this investigation will look at a number of operational policing issues, including: whether sufficient officers were on duty to police what was expected to be a peaceful demonstration; why, when estimates of the size of the demonstration were revised up from 5,000 people to 15,000 and then 25,000, the Metropolitan Police made the judgment that this would be a peaceful demonstration; and whether there was any intelligence to suggest that violent actions were pre-planned. We also need to know whether sufficient back-up was available, how quickly it was able to be deployed and how operational decisions were made about which buildings and public spaces to protect.

However, wider questions were raised by yesterday’s events, which go beyond the direct operational responsibilities of the commissioner and the Metropolitan Police and which are rightly also matters for the Home Secretary and the Government. Given the failure of intelligence in this case, will the Home Secretary assess whether the gathering of intelligence by the police and security services was sufficient and sufficiently well co-ordinated? Will she discuss the procedures for assessing risk and intelligence in advance of protests of this kind to ensure that the full risks are understood in advance? Given that yesterday and on previous occasions mobile phones and social networking have been used during demonstrations to co-ordinate actions and build momentum at short notice, what work are she, the Home Secretary and her ministerial colleagues doing to support the police and others in responding to this new challenge and what wider public order issues does this raise?

Given that this was a demonstration against a controversial aspect of government policy and that police officers were deployed outside the party headquarters of the Conservatives and the Liberal Democrats, did the Home Secretary or her advisers have any advance discussions of possible risks with the Metropolitan Police and lead party officials? At what time was the Police Minister alerted to the risk of elements in the demonstration becoming violent? What plans does the Home Secretary have to update the House following the conclusion of the Metropolitan Police investigation and the wider investigations that are now taking place?

Yesterday’s events were at root the fault of no one but a small minority of violent demonstrators, whom we all roundly condemn. They are a timely reminder of how all of us are reliant on the police to maintain public order and ensure legitimate and peaceful protest. Is the Minister confident that the police will have the resources that they need in the coming years to deal with threats to our national security, to tackle organised crime, to ensure a safe and successful Olympic and Paralympic Games, to continue to provide visible neighbourhood policing in all our communities and to ensure public order at major events?

Identity Documents Bill

Lord Hunt of Kings Heath Excerpts

Wednesday 3rd November 2010 Grand Committee

[Lord Phillips of Sudbury]

I will hold my peace and think more about it.

[Lord Hunt of Kings Heath]

Before the noble Baroness agonises over whether to withdraw the amendment, perhaps I may ask the Minister about the review. Will it be a departmental review or will it be a more public review? Can she say something about its timing?

[Baroness Neville-Jones]

If you are going to do a review as extensive as the one proposed, it will have to have external input. It would not be particularly valid unless we were able to take advice on the kind of things on which I am offering to have consultation. I am told that the findings will be made public. We ought to make it known that we are conducting this review and we should be open to inputs from those who have interests in the matter.

--- Later in debate ---

[Lord Brett]

I am fascinated by the idea that information from a private sector credit reference agency, whose staff are not vetted by anybody, is considered to be reliable and secure enough for us to see it as a key part of the provision of passports. Concern was rightly expressed during the passage of the 2006 Act about government security and the destruction of the information being held. The Bill states that the information will be destroyed within 28 days. Can the Minister go into more detail about what “destroyed” means? Does it simply mean wiping out the tape that holds the information? Does it mean a wider destruction of information? For example, every piece of information that is put on the record goes on the computer, which has a hard drive that retains it. The word “destruction” carries with it a fairly comprehensive meaning, but the reality is that 28 days is a short period of time. Can we have more of a flavour of what physically has to be destroyed?

[Lord Hunt of Kings Heath]

My Lords, perhaps before the Minister answers, I could just ask her about what it says at the top of page 6 of the Bill, in Clause 10(3)(i). Following my noble friend’s intervention on qualifying the credit reference agency, I notice that there is an open-ended paragraph that says,

“any other person specified for the purposes of this section by an order made by the Secretary of State”.

It would be helpful if the Minister could let me know either now or in writing what sort of “any other person” might be mentioned. There was a concern about the credit reference agency, but I would actually have a rather wider concern about the open-ended nature of that provision.

[Lord Phillips of Sudbury]

To follow on from what the noble Lord has just said, I think that is why he and I and the noble Lord, Lord Brett, had an amendment asking for some oversight of the process. This is a vulnerable clause which involves discretions, and it needs some sort of review process to ensure that what should be done is done.

[Lord Hunt of Kings Heath]

Can I respond to that, as we are in Committee? The noble Lord raises an important point. I have no objection whatever to the general principle behind Clause 10, which seems entirely sensible and in the public interest. It is simply a matter of ensuring that there is due process and accountability.

[Baroness Hamwee]

My Lords, I wondered whether to table an amendment probing paragraph (i), but since the provision would require an order, I thought that that was the inbuilt protection which subsection (10) seems not to have.

Terrorism: Aviation Security

Lord Hunt of Kings Heath Excerpts

Monday 1st November 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I thank the Minister for repeating the Statement made by her right honourable friend the Home Secretary in the other place and for the detailed information contained in it. The whole country has been shocked by the events of the past four days and by the discovery of two concealed and hard-to-detect explosive devices, one at East Midlands Airport and the other in Dubai, and by the very serious and challenging threat that such terrorist activity constitutes to public safety and our country’s security. There can be no complacency when it comes to preventing and dealing with terrorism.

The noble Baroness has said that the devices were probably intended to detonate in mid-air and that had they done so, they could have succeeded in bringing the aircraft down. Today, my right honourable friend the shadow Home Secretary, Mr Ed Balls, has commended the Home Secretary for the calm way in which she has led the response to these threats. I join him and the Minister in commending our police, intelligence and security services for the vital work that they have undertaken in the past few days, in close co-operation with our allies around the world, to save lives.

It is the job of the Opposition to ask questions, to probe statements and to hold the Government to account. We will do that but we shall also be mindful, at all times, of our wider responsibility to support necessary actions, to keep our citizens safe and to protect our national interests. In that spirit, I pose a number of questions to the Minister in three areas: first, the detailed events of the past few days; secondly, the implication of the events for airline security; and, thirdly, the implications for wider security policy.

On the first point, we all appreciate that where intelligence and international co-operation are involved, events move fast and things are always clearer in hindsight. At what point were the police, the Home Secretary and the Prime Minister first told about the potential threat? Were there delays in getting precise information to our security and police officers on the ground? Can the noble Baroness say why the device was not discovered by police officers during the first search? Would early information have made a material difference? What operational lessons will be learnt from dealing with such events in the future?

The second area concerns the fact that these two live explosive devices were intercepted only by an intelligence tip-off after they had already been carried on a number of different planes, including passenger planes, giving rise to serious questions about the security of our airspace. Some security experts have referred to cargo security as a potential blind spot. The noble Baroness will be aware of comments made by BALPA to that effect over the weekend. I understand that the noble Lord, Lord Carlile, drew attention to the potential risks of cargo transit in his annual reports in 2007 and 2008. As a result, significant actions were taken to improve intelligence and international security co-operation, and a tougher search method—explosives trace detection—was introduced for passenger flights following the Detroit attempted attack.

I appreciate that this is a complex problem to solve, that a review has already been established and that the Home Secretary has already acted to ban unaccompanied cargo packages from Yemen. The Minister has also set out, in the Statement, a series of measures that the Government have already taken. What conclusions does the Minister draw about the reliability of current checks from the fact that the device was not spotted on first check by police experts at East Midlands Airport? Will the review consider extending explosives trace detection to cargo flights? Will the scope of the review cover cargo being carried in passenger aircraft? Are there other immediate actions that we should take now to improve the security of cargo coming into, out of or transiting through the UK while the review is being undertaken?

The events of the past few days raise wider issues for our national security and counterterrorism strategy. It is clear that terrorists operating from Yemen constitute an increasing threat. Can the Minister assure the House that the Government are in urgent discussions with the Yemeni Government and our allies around the world with a view to interrupting terrorist activities at source? Given the wider evidence of a mounting threat, the judgments that underpin the Government’s current review of counterterrorism powers will be especially important. While we will reserve judgment until we see the outcome of the review, we have said that we will support the Home Secretary where we can and that consensus should be our shared goal.

I raise the issue of resources. Given that these explosive devices were intercepted through vital intelligence work, is the Minister confident that a 6 per cent real-terms cut in the single intelligence account over the next four years can be managed without compromising this vital work? Given that the device was discovered by specially trained police working closely with our security and border services, is she confident that a 10 per cent real-terms cut in counterterrorism police over the next four years, and a 50 per cent cut in capital available to the UK Border Agency, will not undermine our operational capability?

The Olympics, when the eyes of the world will be on this country, are now just two years away. With a planned 20 per cent real-terms cut, front-end loaded, in police budgets—a 6 per cent cut in the year before the Olympics and an 8 per cent cut in the year of the Olympics—can the Minister assure the House that, given the extra strain that police resources will face, this does not pose an unacceptable risk to fighting crime and to our national security? Finally, does the Minister agree that, in the light of the events of the past few days, the issue of resources should now be looked at again alongside the counterterrorism review?

[Baroness Neville-Jones]

My Lords, I am grateful to the noble Lord opposite for his willingness to support the Government in the next measures that will have to be taken in what the House will agree is a challenging task concerning the transport of freight around the world. I am sure the police and the security services are grateful for his joint commendation of them.

The noble Lord asked a number of detailed questions, and I will do my best to answer them. First, he asked when people were informed. I can say that the device was removed from the plane at 3.30 in the morning and work continued through the night. In the early morning, the information was fed to London, and Ministers began to be informed shortly after 8 o’clock. The Home Secretary was personally informed nearer lunchtime. The Prime Minister was also informed then, and at that stage they were given a significant analysis of the investigations that had taken place and the information and assessment that was then available.

The noble Lord asked about the police investigation at the airport. There are two aspects to this: the intelligence tip-off and the process of investigation of the device. He rightly remarked that these packages were looked at following an intelligence tip-off. I might say that any implication—I am not suggesting that the noble Lord was implying this—that this was somehow accidental and that we were very fortunate, as we undoubtedly were, is slightly beside the point. I think the House will agree that we pursue a multilayered approach in this, and that it is the combination of the physical measures that we take, the protective procedures that we put in place and the intelligence context that we maintain around the world that enables us to give the people of this country the security that they are entitled to receive. It is very fortunate that our security relationships worked on this occasion and that the tip-off proved extremely accurate.

The police investigation proceeded in stages. Of course, the police are extremely careful about the way in which they dismantle a device not only because it may be dangerous but because they need to retain the evidential information. It is fair to say that they did not discover the device immediately, but they were still proceeding with their investigation when information came from Dubai that it had found evidence of a device. Subsequent work done at East Midlands Airport unravelled the precise nature of the device, which was then explored in detail.

The noble Lord also asked about the precautions that may be taken for cargo security while the wider review, which I mentioned, is under way. Those regulations are pretty stringent; they require any cargo that does not come from a trusted, listed consigner known to the airport authorities and approved by the Department for Transport to undergo stringent security tests. Therefore, only those items whose origin is known have a relatively easy passage, but I can assure the House that these regulations will be enforced with the utmost stringency in the foreseeable period. Very clearly, we will need to look in great detail not only at the procedures that we ourselves enforce in this country, but at what happens to cargo coming towards the United Kingdom—obviously something on which we will need to consult widely. There obviously has to be international co-operation and, in co-operation with other countries, we might wish to lay down new standards.

The noble Lord also asked about the relationship between what this episode tells us and our wider counterterrorism policy. Clearly, this episode tells us that we face a threat not just to passengers but to cargo and freight, unaccompanied and accompanied. It is perfectly possible, after all, for these people to do what they were doing on the basis of accompanied freight. Therefore, the Government are not relaxed and will not confine their investigation or the measures that they take to unaccompanied freight. We will look at a number of measures that may be necessary, and the Transport Secretary’s consultation and investigation will be quite wide-ranging, because we clearly need a higher level of assurance about cargo transit and transport.

On the relationship between our wider counterterrorism policies and on the Security Service, which the noble Lord asked about, I can assure the House that, based on an assessment by the head of the Security Service, we will be able to maintain, on proposed funding, the same assurance about our coverage and knowledge of terrorist activity in this country and elsewhere that we have had previously. That also applies to the role of our police in counterterrorism where we are protecting the Olympics budget and where we have confirmation from the head of counterterrorism command that he is able to carry out his duties on the basis of the funding that he will get. There is no reason to suppose that the measures that the Government are taking will in any way detract from, inhibit or prevent this country taking care of the security of the population of the United Kingdom.