Female Genital Mutilation
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The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, I thank the noble Lord, Lord Berkeley, for securing today’s debate on this important subject.
FGM is an extremely serious and harmful crime. Its victims deserve to receive support and legal redress. Offenders should be punished and potential perpetrators must be deterred from committing this appalling offence. A conviction for FGM would send a strong message. It would demonstrate unequivocally this country’s absolute intolerance of the practice.
Before I turn to the issue of prosecution and convictions, I wish to say something about the prevalence of FGM in the United Kingdom. The collection of the statistics to which the noble Lord referred was introduced as part of the Department of Health FGM prevention programme and represents the first time these data have been collected across the NHS in England.
As the noble Lord noted, these statistics are providing important information about the prevalence of FGM which can be used to inform the commissioning of services to ensure that victims receive the support they need. The latest figures published on Tuesday show that 1,242 women with FGM were seen by the NHS between January and March of this year. In the detail we can see that the vast majority of these cases are in adults who were both born and underwent FGM overseas. This is consistent with previous reports. As noble Lords will recognise, that means that these crimes are unlikely to be eligible for prosecution under the law in England and Wales. While this may mean that the perpetrators of these acts cannot be brought to justice here, the statistics are helping to ensure that those who have undergone FGM both receive the care they deserve and are educated on the legality and health consequences of FGM.
Of course it is abhorrent that any woman or girl should undergo FGM. Any UK national or resident who carries out, facilitates or allows FGM to happen should be punished accordingly. Indeed, whether or not encouraging FGM could be a criminal offence was mentioned. Of course it could be under the Serious Crime Act. However, we must not underestimate the difficulties in obtaining a conviction. FGM is a hidden crime that is carried out within families and where the victims are often young children. These young girls are understandably reluctant to speak out for fear of the impact that this could have on their family. Even when the crime does come to light, professionals may hesitate to make a report, fearing what the consequences may be for the patient or pupil. There may also be challenges for the police and prosecutors in ensuring sufficient evidence for a crime that may have been carried out many years ago. These are significant barriers but we must do everything we can to overcome them.
To help to do this, last year we strengthened the law through the Serious Crime Act 2015, based on learning from cases referred to the police and the Crown Prosecution Service. Last October we introduced a new mandatory reporting duty which requires regulated health and social care professionals and teachers in England and Wales who identify cases of FGM in girls aged under 18 to report these to the police. This duty gives professionals the confidence to report FGM without hesitation. It should therefore ensure that more cases reach the police so that they can be investigated and ultimately prosecuted.
Fear of reprisal can be a significant barrier, making victims extremely reluctant to engage in the legal process. This is why we have introduced lifelong anonymity for the victims of FGM. We have also widened the scope of the legislation so that extraterritorial jurisdiction extends to habitual as well as permanent UK residents. Furthermore, we have introduced a new offence of failing to protect a girl from the risk of FGM which extends the reach of the law to cover parents or guardians who do not adequately protect their children from undergoing FGM. The Government’s message could not be clearer: FGM is child abuse. There is no excuse for allowing it to happen or for failure to take action when it is uncovered.
Securing prosecutions is important, but at the heart of any case brought to trial is a victim—a victim who has not been protected from harm. The Government are therefore committed to preventing this crime happening in the first place. That is why we introduced the new FGM protection orders to safeguard those at risk. A question was raised as to the number of those orders that have been secured. From their introduction in July 2015 to December 2015, 32 such protection orders were made to protect girls from harm.
It is also important that professionals know how to identify the risk, share information, and have the knowledge and confidence to take appropriate safeguarding action. We have made significant progress in helping to achieve this. Since 2014, more than 30,000 professionals across all agencies have completed the Government’s free FGM e-learning that was referred to earlier. In April of this year we published new multi- agency guidance which we have placed on a statutory footing for the first time. That guidance provides information on prevention, risk and safeguarding, and sets out the expectations on statutory organisations to adequately prepare and support their staff to tackle FGM. So progress is being made.
To further support the response of health professionals, the Department of Health’s £4 million FGM prevention programme is engaging with healthcare professionals across England through roadshows, e-learning, guidance, and awareness-raising materials. As part of this, a new IT system is being introduced across the NHS to allow clinicians to note on a girl’s record that she is potentially at risk of FGM. To ensure that the social care response is as effective as it can be, the Department for Education’s innovation programme has provided up to £2 million of funding to Barnardo’s and the local government associations for the National FGM Centre which is working to improve the social care response.
Ultimately, we will not stop FGM unless we change attitudes. To do that we have to raise awareness and share good practice. In that regard, the Home Office’s FGM unit is carrying out an ongoing programme of outreach across the country. To date, the unit has spoken at more than 80 events. To dispel the myth that FGM is a religious requirement, the Department for Communities and Local Government has secured the signatures of more than 350 faith leaders to a declaration stating that FGM is not condoned by any faith.
The Government are taking this matter extremely seriously, and we are working right across government to strike at the considerable problem that exists due to ignorance, false religious belief, and so on. The Government have taken significant steps forward in our ambition to end FGM within a generation. We know that more work is needed. For example, last December, Her Majesty’s Inspectorate of Constabulary found that the police response to so-called honour-based violence, including FGM, is not as good as it could be. We are working with the police, CPS and others to address this, including as part of wider work to improve the police response to vulnerable people. Progress is being made. Many more brave women are speaking out against FGM and many more professionals are taking action to safeguard and support those affected. We have seen an increase in referrals to the Crown Prosecution Service. Prior to 2010 it had received no cases but since then 22 have been referred, and we are confident that that trend will continue.
With regard to the number of referrals that may result in prosecution, I can only say that they are under consideration for the purposes of further investigation, but it would not be appropriate to cite particular numbers that are the subject of consideration for actual prosecution at this stage. While our aim is for all these changes to help secure a successful series of prosecutions, it is more essential that we prevent FGM happening in the first place, and work ultimately to end the practice altogether.
I turn to points and questions raised by noble Lords and will deal with them as relatively quickly as I can. Indeed, if there is any question that I do not address, and I am reminded of that fact, I will of course be prepared to write. The noble Lord, Lord Berkeley, asked about the steps the police had been taking with regard to reports of FGM. Indeed, the noble Lord, Lord Rosser, cited the example of Bristol. I do not have the figures in respect of Bristol but I have figures of reports for the West Midlands Police—an area where this is a particularly prevalent problem. We know that there has been an increase in the number of reports to the police in the West Midlands in the period from January to November 2014, from about 25 reports in previous years up to 118, so clearly some progress is being made. Of course, we accept that more progress has to be made. As was noted, there is now a lead FGM prosecutor appointed to each CPS area. They have agreed protocols with local police forces, setting out the arrangements for investigation and ultimately the prosecution of FGM cases.
A reference was made to one prosecution. The noble Lord, Lord Patel, said it was the wrong case—I could not possibly comment. It resulted in a not guilty verdict but that is another matter altogether. Eventually, we are beginning to move the rock; we are beginning to get these cases into court and, of course, a successful prosecution would send an important message. However, prosecution is not an end in itself. The practice has to be rooted out, not the punishment.
Reference was made to the fact that some successful prosecutions had been made in France. My noble friend Lord Smith mentioned, I think, the figure of 43; the noble Lord, Lord Patel—I think referring to the EU report on analysis of court cases in 11 countries—gave the figure of 50. I observe that those cases go back to the 1980s and 1990s, so there is quite a history there. As far as I know, there has been only one recent successful prosecution in France of one cutter, but it involved about 18 different children and their parents. However, in response to points raised by the noble Lord, Lord Patel, France has an entirely different system of prosecution and investigation, and, indeed, entirely different systems and standards of evidence. In addition, it has a more or less mandatory system of examination. When it is said that it is not mandatory, in the event of a refusal there is a withdrawal of benefits; we would not contemplate such a mandatory system. We could not have such a wide-ranging system of mandatory examination for all girls. If we then sought to target it, we would face the issue of discrimination. We do not consider that the way forward.
The noble Lord, Lord Patel, also mentioned the Istanbul convention. We have signed the convention, but we have not yet ratified it. There are certain technical issues that we have to address before we proceed to ratification. The noble Lord, Lord Rosser, mentioned the position of Barnado’s and the local authority organisations. As I indicated, we are supporting them financially and liaising with them.
On the question of learning from other jurisdictions, the Home Office’s FGM unit, set up in 2004, leads the Government’s policy on FGM. That includes approaching officials in other countries to share learning and best practice. Indeed, we hosted an EU learning forum, funded by the European Union Commission earlier this year, to address the issues surrounding FGM. A process is going on in Europe to try to learn from those who are perhaps slightly ahead of us.
My noble friend Lord Smith mentioned other forms of violence against women and girls, such as breast ironing. Clearly, that is a form of child abuse. Our cross-government strategy on violence against women and girls, published on 8 March, sets out our approach to these issues. We continue to be concerned with addressing and dealing with them.
The noble Baroness, Lady Finlay, raised the question of further awareness in the approach to the summer vacation. In fact, we have recently pursued further steps on awareness. To raise awareness, we have been carrying out an ongoing programme of outreach to local areas, professionals, and community groups. That has been made available on the GOV.UK website. Furthermore, on 1 April this year the Government published a statutory multiagency guidance on FGM, setting out the expectations on all professionals, including teachers, regarding prevention of this terrible crime.
I will not detain noble Lords further, as I keep being passed notes with “Time” on them. Time is relative, but time has come. If there are questions I have not answered, I am happy to write to noble Lords. I am obliged to your Lordships.
Migrants
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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.
Lord Hain (Lab)
Is it not the case that if we left the European Union, the Dublin agreement would no longer operate and the French would have no obligation to receive people who came to their shores but ended up in Britain or in the sea? Of course, the same applies to every other member state where they might have first crossed European Union boundaries. Furthermore, is it not the case that if we left the French would shift the whole horrendous problem of refugees in Calais straight over to the White Cliffs of Dover? What consequence would that have for the people of the surrounding area?
Lord Keen of Elie
Strictly speaking, our agreements with France over these matters are not predicated on our membership of the European Union, so we should be clear about that. Nevertheless, we benefit greatly from close co-operation with the French in these matters; indeed, not only with France but with Belgium and the Netherlands. The degree of intelligence co-operation reflects the very close union we have with these countries.
Baroness Smith of Newnham (LD)
My Lords, in light of the comments by the French Interior Minister, Bernard Cazeneuve, that if Britain left the European Union after the referendum, there might be a risk that the Le Touquet accords—the very bilateral agreements that the Minister has just referred to—may not be maintained, is it not clear that leaving the European Union would give the United Kingdom less control over our borders, and that by alienating our nearest neighbours we would be helping nobody, asylum seekers least of all?
Lord Keen of Elie
I reiterate that the agreement we have with France is not predicated on our membership of the Union, as the noble Baroness herself acknowledged. Nevertheless, we cannot carry out the protection of our borders unilaterally; we depend on co-operation with our neighbours.
Lord West of Spithead (Lab)
My Lords, who exactly is responsible for the recognised surface picture in our territorial seas, both down the North Sea coast and in the channel? There has been talk of three hubs being set up and of the Border Force working with the Navy. There is talk of working with HMRC. There are many agencies. Who is actually responsible for knowing which ships are coming across, with migrants, terrorists or whatever, and making sure that they are properly intercepted? Which department has that responsibility?
Lord Keen of Elie
I am obliged to the noble Lord. The National Maritime Information Centre brings together information and intelligence provided by Border Force, the coastguard, the police, the Armed Forces, the Foreign and Commonwealth Office and the Marine Management Organisation, as well as by the National Crime Agency. It co-ordinates that intelligence for the benefit of all these agencies.
Lord Berkeley (Lab)
My Lords, is the Minister aware that an agreement between Britain and France on migrants involves both parties agreeing? Has he seen a report from Paris this morning which says that the French Government are so concerned about the UK leaving the European Union that they will abrogate all those agreements as quickly as possible and encourage many more migrants to set foot in England and claim asylum?
Lord Keen of Elie
One has to bear in mind that the French authorities are concerned about the movement of migrants through France, as well as those entering Britain. They therefore maintain an intelligence and border presence for these purposes. In these circumstances, it is difficult to believe that they would abandon these efforts simply because one country chose to leave the Union.
Baroness Jowell (Lab)
My Lords, I should like the Minister to update the House on the progress being made in processing the applications of those unaccompanied children still in the Calais camp, who may be entitled to asylum in this country under Dublin III, and who are among the most vulnerable to being preyed on by traffickers and most likely to undertake some of the most dangerous risks to get themselves to this country. What are the Government doing in discharging their obligation and the undertakings that they gave?
Lord Keen of Elie
The process in respect of these children involves an application to the French authorities in the first instance. Where it is disclosed that they have a right to come to the United Kingdom, that is then addressed. This Government are assisting in these matters and have personnel available at Calais to assist in these cases.
Police: Armed Officers
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Lord Harris of Haringey (Lab)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In so doing, I draw attention to my interests in the register. I should also point out that since I tabled this Question I have acquired a new interest: to conduct a review on behalf of the Mayor of London into London’s preparedness in the event of a major terrorist incident.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, on 31 March 2010 there were 6,976 authorised firearms officers in England and Wales, and on 31 March 2015 there were 5,647. Statistics showing the number of authorised firearms officers as of 31 March 2016 will be published on 28 July 2016.
Lord Harris of Haringey
My Lords, as ever, I am grateful to the noble and learned Lord for his reply. In that context, can he confirm that the uplift announced by the Prime Minister in the number of armed officers will barely take the total number of Home Office-approved firearms officers up to the level that it was in 2010? Can he also comment on the fact that the other forces which would act in support of the police in the event of a major incident have suffered very substantial cuts? For example, the Ministry of Defence Police lost 1,000 officers as a result of the 2010 strategic defence and security review and is now scheduled to lose another 600, bringing it down to 2,000 when it is expected to provide 700 armed officers in the event of a major incident.
Lord Keen of Elie
Thank you, my Lords. It is for chief officers to determine the number of authorised firearms officers in their areas. The national armed policing lead and the National Police Co-ordination Centre continually review capability against the national police firearms mobilisation plan. In the period from March 2010 to March 2015, the reduction in the number of authorised armed officers was 19%. In the same period the number of required police firearms operations reduced by 31%, so clearly the system is working.
Lord Condon (CB)
My Lords, I declare an interest as a former police marksman. Does the Minister agree that we have an enviable record in this country compared with other developed countries of the restraint shown by our firearms officers in the face of split-second, life and death decisions on behalf of the wider community? If we are to encourage good and able men and women to come forward to be trained as firearms officers, we need a more measured debate about the pressures they face and the services they give to our community.
Lord Keen of Elie
I concur with the observations of the noble Lord. The policy in this country has long been that the police should not generally be armed, so those authorised to carry firearms are entitled to consideration for the difficult tasks that they have to perform. Recently the Shaw report has been under consideration. It deals with the question of how we should respond in cases involving the use of firearms and similar weaponry. That report continues to be under consideration at present.
Viscount Hailsham (Con)
My Lords, has my noble and learned friend seen the suggestion in the press that the equipment with which our British armed police have been provided is not adequate to meet the threat from terrorism? Is he able to reassure the House by saying that that criticism either is unfounded or, if it is founded, is being addressed rather rapidly?
Lord Keen of Elie
Police equipment and firearms selection is a matter for the chief officers of the various regions, but they have access to expert advice from the Home Office Centre for Applied Science and Technology. In the light of that advice, they determine and assess the weapons that they require.
Lord Soley (Lab)
With respect, that answer is inadequate. In the recent attacks in Paris, rapid-fire assault rifles were used. Many of the arms with which our police officers are currently equipped would leave them highly vulnerable in such a situation. The House needs a bit more information about how we assess the needs of armed police officers in the face of an attack such as took place in Paris.
Lord Keen of Elie
In light of the incident in Paris, the Government have undertaken to provide an additional £143 million over the course of the spending review to provide an uplift in armed policing capability. That will include armed response vehicles and 1,000 additional armed police. To deal with the risk of a marauding firearms terrorist attack, as it is sometimes termed, we have developed a police-led capability that involves the option of large-scale military assistance. Clearly, I will not address details of operational capacity.
Lord Blair of Boughton (CB)
My Lords, perhaps I should explain to the House that I am not sure how safe it is; I too was a police marksman, and that probably puts me in a firefight position with the noble Lord. The Question is interesting but it is not the real meat of the subject. The meat of the subject is the distribution of armed police across the country. No doubt the Metropolitan Police has a major capacity, as do the West Midlands, Manchester, Liverpool and the great conurbations. Does the Minister agree that services beyond those major cities are inadequate?
Lord Keen of Elie
The noble Lord is right to observe that there is a concentration of authorised firearms officers in the London metropolitan area; indeed, there are more than 2,000. Beyond those areas, however, more collaborative arrangements have developed, with authorised firearms officers working on a regional basis rather than simply within individual forces.
Lord Paddick (LD)
My Lords, the former head of the Anti-Terrorist Branch John Grieve has said and continues to say that communities will defeat terrorism, not the police and the security services alone. While the investment in armed police officers that the Minister mentioned is welcome, what investment are the Government making in community policing to build trust and confidence with those communities from which vital intelligence will come to prevent terrorist attacks happening in the first place?
Lord Keen of Elie
Clearly, this Government have been committed to the development of community relations. The use of firearms is one aspect in that context.
Lord Rosser (Lab)
The noble and learned Lord mentioned £143 million. How much of that is being allocated for the additional firearms officers? I think that a figure of 1,500 of them has previously been mentioned by the Government. What will be the full-year costs of training, equipping and paying the salaries and employers’ costs of 1,500 additional firearms officers? There have been suggestions that the amount of money mentioned by the Government would work out at about £22,500 per additional officer. That seems rather low. Can he guarantee that none of these additional costs will have to be financed out of existing police budgets?
Lord Keen of Elie
The sum of £143 million, which will be provided during the course of the spending review, is intended to provide a national uplift of about 1,000 additional armed police—not 1,500—and provide 40 more police armed response vehicles. I cannot give the precise figures that the noble Lord just asked me for, but I undertake to write if those figures are available.
Immigration
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The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, as the Prime Minister has said, the figures are disappointing. We are cutting abuse, raising standards and toughening welfare provisions. We have legislated to make it harder for illegal migrants to stay. It remains our ambition to reduce migration to sustainable levels.
Lord Robathan (Con)
My Lords, loyal supporters of this Government, such as myself, are waiting with bated breath to see some progress on the manifesto commitments made in both 2010 and 2015. Will my noble and learned friend the Minister tell the House, first, why there has been this delay in moving the immigration figures in the direction we expected from the manifesto and, secondly, notwithstanding what happens on 23 June, when we can expect to see some progress in reducing the number of immigrants to this country to the tens of thousands?
Lord Keen of Elie
The pressure of economic migration has been driven in part by the success of our economy, making us a goal for so many migrants who are on the continent already. With regard to when we hope to achieve sustainable levels, it is our ambition to achieve sustainable levels of migration during this Parliament. There may of course be two routes to that goal, depending on the outcome of 23 June.
Lord Rosser (Lab)
There are a number of points that can be made about the immigration figures at this crucial time: the reality that a very significant percentage of the figure does not relate to people coming from within the EU; that the number arriving includes many tens of thousands who are British passport holders; that the figure includes significant numbers of students; that the vast majority of those who come from the EU are coming here to take up jobs; and that without them our economy and public services would be in even more difficulty. Can the Minister say when the Home Secretary herself is going to adopt a much higher profile, both in challenging the distortions currently being presented about immigration and in emphasising her support for remaining in the EU, when the Home Secretary, more than anyone else, will be guaranteed media coverage for what she says on immigration?
Lord Keen of Elie
The Home Secretary and her Ministers have been consistent in considering and addressing the issue of migration into this country. With regard to the figures mentioned by the noble Lord, I concur that the extent of net migration is greater from outside the EEA or European Union than from within, even today. With regard to those coming from the European Union, there is no doubt that more than 70% already have a job waiting for them in this country. We are taking steps to control migration and the Home Secretary is spearheading those initiatives.
Baroness Sheehan (LD)
My Lords, according to a Financial Times article on 30 May, in 2014 student immigration numbers fell from 191,000 to 167,000 at a time when students choosing to study in competitor countries such as Australia and the USA rose by 6%. Does the Minister agree that the impact of the closure of bogus colleges is fading and that frenzied anti-immigration rhetoric is now deterring bona fide international students from coming to Britain, damaging our balance of payments as a consequence?
Lord Keen of Elie
There is no doubt that the steps taken by this Government and the previous Government post-2010 to deal with bogus colleges has had a major impact on the number of bogus students coming into this country. However, since 2010 the number of genuine students applying to our Russell Group elite universities has increased by more than 30%.
Lord Pearson of Rannoch (UKIP)
My Lords, is not one of the problems of our EU membership that we cannot keep out an awful lot of people from the European Union because they have a right to come here, and that because we are trying to cut immigration overall, this leads us to keep out an awful lot of people from outside the European Union who we would like to have in?
Lord Keen of Elie
That is simply not the case. We control migration—economic migration and other migration—whether from Europe or elsewhere. In the context of the European Union, of course, there are rules and provisions; but in the context of outside Europe, there are also rules and provisions.
Lord Foulkes of Cumnock (Lab)
Does the Minister agree that it would be a really great pity if the outcome of the vote on 23 June, which affects our lives in so many ways, particularly those of young people, were to be decided by a nasty, xenophobic campaign by some of the Brexiteers?
Lord Selkirk of Douglas (Con)
Does my noble and learned friend accept that a very clear distinction should always be made between economic migrants, on the one hand, and refugees, on the other?
Lord Keen of Elie
I entirely concur with my noble friend’s observations. It is unfortunate that these two groups are lumped together so often, when we are dealing with two very distinct issues.
Lord Roberts of Llandudno (LD)
My Lords, does the Minister remember that, in 1932, the Jews were discriminated against and demonised and that that demonisation led to that terrible Holocaust? Is not the same thing happening now? Some people are demonising migration and immigrants and it will have terrible consequences unless we stop it.
Lord Keen of Elie
I do not accept that there has been such demonisation. Again, it is important to distinguish between those who are genuine asylum seekers, seeking genuine refuge, and those who are economic migrants.
Migration
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Lord Green of Deddington
To ask Her Majesty’s Government what further steps they intend to take in order to reduce net migration to the United Kingdom.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, we remain committed to bringing migration down to sustainable levels. The EU changes which the Prime Minister has secured will reduce the artificial draw of our welfare system. We are cutting abuse and raising standards on non-EU visa routes. The changes that we are making to the work visa system and implementation of the new Immigration Act will seek to challenge the permissive environment of the past.
Lord Green of Deddington (CB)
I am grateful for that response. Is the Minister aware that the population projections that underlie all the Government’s policies simply assume that net migration will fall by 40% and stay down? Does he realise that, if the current levels of immigration should continue, we will have to build a new home every four minutes, 24 hours a day, just for new migrants and their families? Will he therefore urge the Chancellor to put much more serious resources into the immigration system to restore its effectiveness?
Lord Keen of Elie
The Government recognise that a growing demand by way of immigration has to be dealt with and can mean increased pressure on housing and public services. That is why we are working across the Government to reduce net migration to sustainable levels and delivering the investment this country needs to provide sufficient housing and effective public services.
Lord Anderson of Swansea (Lab)
My Lords, one means of reducing the numbers would be to take students out of the statistics and therefore make the statistics more real. Would not another means possibly be to ensure that there are sufficient resources to test the validity of marriages after a reasonable interval to ensure that there are fewer bogus marriages?
Lord Keen of Elie
I am obliged to the noble Lord. Where students come in legitimately for a period of study that extends to more than a year, normally to three years, there is an impact on public services, housing and other matters. It is therefore appropriate that they should be included within the net immigration figures. That practice is embraced not only by the United Kingdom but by other countries such as Australia, Canada and the United States. On bogus marriages, I concur that we need to ensure that these cannot succeed and therefore that appropriate checks are made.
Baroness Ludford (LD)
My Lords, does the Minister agree that Brexiteer proposals on migration are unworkable and contradictory? Mr Farage has admitted that the Ireland-Northern Ireland border would be a back door to EU migration on Brexit unless it was sealed as a hard order. As to the proposal of Messrs Gove and Johnson for an Australian points-based system, Alp Mehmet, the vice-chairman of Migration Watch has said:
“A Points Based System might suit the Australians who are trying to increase their population but … it is extremely complex and would be a non-starter for the UK”.
Lord Keen of Elie
There is no doubt that if the United Kingdom wished to remain within a single market it would have to acknowledge and allow for the free movement of persons as well as goods. Therefore, that would not be the panacea that some have suggested. As regards the other impacts of Brexit, one would have to acknowledge that if we did not decide to remain within the single market there would be impacts upon our economy, and if we damaged our economy that would withdraw one of the pull factors for economic migrants and we should kill the goose just because we do not want to share the golden eggs.
Lord Balfe (Con)
My Lords, does the Minister agree with me, as the son of an immigrant who came here more than 70 years ago, that migrants have made a tremendous contribution to this country and its economy and that we need to stop bashing migrants all the time?
Lord Keen of Elie
I entirely concur with the observations of the noble Lord. Migration has, not only over the past 70 years but the past 700 years, had a positive impact upon the development of this country, its laws and its economy. However, we must be discerning about who we do and do not allow into this country.
Lord Hannay of Chiswick (CB)
My Lords, does the Minister recognise that his reply on students was some of the story but not all of it? He did not mention that students are disproportionately unlikely to demand NHS services and are provided for by housing which is in ample supply for students on the commercial market. Therefore, the removal of students from these figures would simply make the figures with which the noble Lord who asked the question is trying to scare us stiff absolute rubbish, which they are.
Lord Keen of Elie
There is no doubt that a substantial proportion of the net migration figures is represented by legitimate students coming into this country. It is our policy to include those figures in the net migration figures, which, as I said before, is consistent with international practice.
Baroness Armstrong of Hill Top
My Lords, does the Minister recognise that in the world today one in seven people is on the move? We have 7 billion members of the human race and 1 billion of them at any time this year are on the move. In those circumstances would anyone dare say that the problems of migration and movement can be tackled by a single country on its own?
Lord Keen of Elie
The issues of migration are not national or European but are essentially intercontinental. The tragedies developing in the Mediterranean off the coast of Libya merely underline that fact.
Lord Pearson of Rannoch
My Lords, what did the Government mean when they said in their £9 million propaganda leaflet that if we stay in the EU we will “keep our own border controls”? If that is true, why cannot they fulfil the Prime Minister’s promise to bring immigration down to tens of thousands a year?
Lord Keen of Elie
It is necessary to distinguish carefully between border controls and migration. We control our own borders and we determine those who come in and those who do not, whether they come from within the European Community or otherwise; that is quite a distinct issue from the question of migration. We are already dealing with migration by seeking to address the extent of economic migration and we are determined in our ambition to bring it down to the tens of thousands.
Immigration: Detention of Pregnant Women
Lord Keen of Elie Excerpts(8 years, 6 months ago)
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Baroness Jones of Moulsecoomb
To ask Her Majesty’s Government whether they will make it their policy routinely to publish statistical information on the detention of pregnant women under the Immigration Act 2014.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
The detention of pregnant women under Immigration Act powers occurs in only very limited circumstances, either where there is a clear prospect of early removal or in very exceptional circumstances. Very few pregnant women are detained. With the implementation of the Immigration Act 2016, the Government are considering options for the collection of data on detained women who have disclosed their pregnancy to the Home Office.
Baroness Jones of Moulsecoomb (GP)
I thank the Minister for that reply, and it is welcome news. Is there any timetable on this? Can we be sure that it is going to happen within the next few months? It seems incredible to me that it is beyond the wit of the Home Office to count the number of pregnant women who are held in detention.
Lord Keen of Elie
At present there are management data from diverse sources, including medical data, border data and detention data. The Government are considering how best to collate the information and whether it will be necessary to actually publish it. I ask the noble Baroness to bear in mind that our intention is to minimise the number of pregnant women in detention, and that will dictate how we proceed.
The Lord Bishop of Southwark
My Lords, I would be grateful if the Minister would detail the criteria and give examples of the exceptional circumstances that justify the detention of pregnant women under the Act.
Lord Keen of Elie
We have made it perfectly clear that detention in all cases is the exception and not the rule. In the cases of vulnerable adults, including pregnant women, it will be wholly exceptional for them to be detained. In general it is anticipated that detention will be required only in circumstances where someone arrives at the border without any right to be in the United Kingdom and can be more or less immediately returned to their country of origin.
Baroness Kennedy of The Shaws (Lab)
My Lords, is the Minister prepared to say that, as a matter of principle, pregnant women should not be held in detention? That should be the starting point. It is what this House wants to hear and what this House voted for.
Lord Keen of Elie
There is a clear and unambiguous presumption against the detention of pregnant women.
Baroness Gardner of Parkes (Con)
Can the Minister assure us that these pregnant women will have adequate access to full medical care at any time that it is needed?
Lord Keen of Elie
It is intended that even before a pregnant woman is detained, her welfare will be taken into consideration. Consideration of her welfare will include the question of whether adequate facilities are available to that woman if she is detained. In the event of detention in an immigration centre such as Yarl’s Wood, there are adequate facilities to deal with pregnant women.
Lord Rosser (Lab)
On 26 April, the noble and learned Lord told the House that on that day there was one pregnant woman in the immigration detention system. He also said that further guidance on the question of vulnerable persons, including pregnant women, would be produced in May and laid before Parliament in order,
“that that position can be maintained”.—[Official Report, 26/4/16; col. 1095.]
Can the Minister tell us, first, how many pregnant women are in immigration detention today, and, secondly, what the highest number of pregnant women who have been in immigration detention has been on any one day since 26 April, when he said there was just one? Thirdly, what is the position with the further guidance being produced this month?
Lord Keen of Elie
With respect to the present position, as of today no women with confirmed pregnancies are being detained under Immigration Act powers in an immigration detention centre or residential short-term holding facility. As for the statistics for the period since 26 April, I am not in a position to give a number, but I undertake to write to the noble Lord providing such figure as is available from the present data, which generally speaking are management data. On the matter of pregnant women and regulations, in accordance with the regulations made this week, the Act’s provisions on pregnant women and adults at risk will come into force on 12 July. The publication of guidance on the matter is in the course of final preparation and will be made available as soon as possible.
Baroness Hussein-Ece (LD)
Given the history and events pertaining to pregnant women and other vulnerable people in Yarl’s Wood, as set out in the Shaw report, will the Minister ensure that priority is given to openness and transparency when we look at how pregnant women are detained, particularly when, as the Minister said, that would only be in exceptional circumstances? We need some transparency, because there has been a failure to declare this.
Lord Keen of Elie
Clearly we liaise very regularly with those contracted to provide facilities at Yarl’s Wood. Over and above that, Stephen Shaw will be commissioned to do a short review in 2017 on the implementation of these proposals.
Lord Tebbit (Con)
Is my noble friend aware that I have taken some interest in this matter, which included writing to the legal advisers who deal with these sorts of cases? So far as I could discover, there has never been more than a very small number—single figures—of pregnant women who have been detained who are not free, should they so wish, to return to other jurisdictions. It is merely that some of them are not allowed to enter this jurisdiction. They are perfectly free to leave if they wish to do so.
Lord Keen of Elie
I would observe that detention and removal are essential parts of any effective immigration control.
Domestic Abuse: Rural Communities
Lord Keen of Elie Excerpts(8 years, 6 months ago)
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Baroness Stedman-Scott
To ask Her Majesty’s Government what steps they are taking to help families in rural communities experiencing domestic abuse and other relationship problems.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, the Government recognise the distinct challenges faced by victims of domestic abuse in rural communities. The new violence against women and girls strategy sets out our ambition that by the end of this Parliament every victim of abuse, irrespective of where they live, will be able to secure the support they need.
Baroness Stedman-Scott (Con)
I thank the Minister. Noble Lords will know that the recent storyline in “The Archers” electrified the nation and put a spotlight on this issue, showing that early intervention and prevention are much better than cure, as with so many of the social issues that we face. Can the Minister help us understand in particular what the Government are doing to help people in rural communities earlier rather than later?
Lord Keen of Elie
There is no doubt that the problems faced, particularly in rural areas, could be addressed earlier. Indeed, our nationally acclaimed campaign, This is Abuse, has had an impact. We have invested a further £3.8 million in a new campaign, Disrespect NoBody, which we hope will build awareness of these issues.
Lord Rosser (Lab)
This is also an issue for police and crime commissioners to address in their respective areas, since through the police budget, for which commissioners are responsible, they can determine the resources, finances, staff and training, and the priority that will be given to and by their police forces to address domestic abuse. The police and crime commissioners can then hold their chief constables to account, and then be held to account themselves, if those resources are not effectively and appropriately used for the purpose for which they, as commissioners, have allocated them. Can the Minister confirm that that statement—of the key and powerful accountable role and responsibility of police and crime commissioners in addressing domestic abuse and violence in their respective areas—is a correct statement of the position?
Lord Keen of Elie
The position of the Government is that police and crime commissioners will take a leading role in co-ordinating the response to issues of domestic abuse. Indeed, this will be done in parallel to the national statement of expectations, which is a blueprint for local areas and local partnerships, at the head of which will be our successful commissioners.
Lord Paddick (LD)
My Lords, is the Minister aware of the family relationship centres in Australia? These are local hubs co-ordinating family and relationship services; providing integrated, wraparound family and relationship support. Will the Government look at this initiative as a better way of providing a triage service for identifying needs and making referrals to wider services, particularly in rural areas where such services are unlikely to be easily accessible locally?
Lord Keen of Elie
The Government are already making headway in this area, and indeed have expanded the troubled families programme so that it now includes domestic violence and abuse as one of the six core themes.
Baroness Pitkeathley (Lab)
My Lords, in his Answer, the Minister mentioned violence. Assiduous followers of “The Archers”, as I confess I am, will know that it escalated into violence only at the very end of the storyline—actually, I do not think we have seen the end yet, by a long way. The issue is coercive control, which by its very nature is subtle and very difficult to identify. Could the Minister expand on his Answer in relation to that?
Lord Keen of Elie
Of course. I quite recognise the point that is being made, although I have to confess not to being a listener of “The Archers”.
Lord Keen of Elie
I am obliged for the sympathy of your Lordships’ House. Let us be clear, social isolation is one of the issues that can cause the development of abuse. Social isolation can be made worse because of geographical isolation. Therefore, rural communities can be more susceptible to these developments. What we have to be able to do is come in and deal with these problems at an earlier stage. That is one reason why we introduced the new law in December 2015 with regard to domestic violence, to ensure that coercive behaviour—not necessarily physical—could be addressed more effectively.
The Lord Bishop of Southwark
My Lords, following on from that point about isolation, with rural areas often isolated from dedicated support services, local clergy can be particularly well placed to act as a conduit between victims and the relevant authorities. Can the Minister inform the House whether any steps are being taken to provide training to local professionals in rural communities, such as clergy and GPs, to help improve reporting and communication and to ensure that victims receive the help they need?
Lord Keen of Elie
One of the difficulties in rural communities is often that victims will not come forward, even to their general practitioner, for fear that knowledge of their situation will become more widespread. They are concerned by that. That is why we are advancing the national statement of expectations as a blueprint for rural and urban areas in order to bring together a partnership of health experts, social workers, the police and the Church.
Lord Farmer (Con)
My Lords, rural populations also experience a higher suicide rate than urban areas despite comparable depression prevalence. What are the Government doing to prevent these suicides in rural areas?
Lord Keen of Elie
Clearly, every life lost to suicide is a tragedy. We know that individuals living in rural areas may experience feelings of isolation and that individuals working in some industries, such as agriculture, are at a higher risk of suicide. The national suicide prevention strategy aims to reduce the risk of suicide in high-risk groups. Indeed, in 2014, we launched the crisis care concordat so that there is a crisis care action plan in every local area to support those who may be susceptible to suicide.
Baroness Howarth of Breckland (CB)
My Lords, will the Minister join me in commending the areas that have set up hubs and are working together, such as has happened in Norfolk, where there is a new hub in Diss and organisations are trying to work together? Will he say how the learning from those projects will be promulgated right through services so that we do not have a postcode lottery? If you are domestically abused, you will be fine if there is a service, but not if there is not.
Lord Keen of Elie
Again, I go back to the national statement of expectations, which is intended as a blueprint for all local areas. In addition, the Home Secretary has made it clear that she wants to go back to the College of Policing in order to ensure that proper training is given to police forces so that they can address these issues.
Baroness Farrington of Ribbleton (Lab)
My Lords, would the Minister care to agree that one of the common threads for people who end up in trouble in the courts and in prison is that they come from violent and abusive backgrounds? While the Government are looking at reforming the Prison Service and reducing juvenile crime, will they also bear in mind that the money spent on combating domestic violence should be linked to their other strategy as well?
Lord Keen of Elie
I entirely agree with the noble Baroness. It is quite clear from data that have been collected over the past two years that there is a common factor identified between domestic violence in the family and subsequent conduct on the part of such children. That is why we have expanded the troubled families programme in an effort to address that.
Migration: Middle East and North Africa
Lord Keen of Elie Excerpts(8 years, 6 months ago)
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The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, the causes of migration are many and complex, but are commonly described as consisting of push factors that make people want to leave their own countries and pull factors that make them choose particular destinations. The Government do not claim that pull factors alone are responsible for migration, but there is good circumstantial evidence that demonstrates that language, benefits and work opportunities influence movements of people.
Baroness Sheehan (LD)
I thank the Minister for his reply. I add my thanks for the Government’s change of heart on the emotive issue of vulnerable refugee children in Europe. Ten thousand of them have disappeared without trace, according to Europol, while 50% of those who accessed a Save the Children respite centre in Italy presented with sexually transmitted diseases acquired during transit. I see from the Minister’s reply—although I am glad to see that he has now accepted that there are some push factors involved—that the Government still insist that pull factors, by which he presumably means higher wages and benefits, are still at work. Given that these have remained relatively stable over many years, what does he believe is the reason behind the very large increase in numbers of refugees in recent years?
Lord Keen of Elie
The Government have always recognised that there are both push and pull factors in the context of migration—indeed, historically, that has been well established. One could go back to the Goths moving into the Western Roman Empire to confirm that issue. With regard to more recent migration, there is no doubt that a great deal of it is economically based. Indeed, statistical flows into Italy between January and April this year show that the top nationalities entering across the Mediterranean have been Nigerian, Gambian and Senegalese.
Lord McConnell of Glenscorrodale (Lab)
My Lords, I saw for myself in Kurdistan in northern Iraq just last week that the major pull factors for people to come to Europe from that part of the world just now are fear and a lack of hope for the future. Will the Government at the coming World Humanitarian Summit properly prioritise education and child protection for families to ensure that they feel safer in the camps where they have been living now for far too long?
Lord Keen of Elie
The example that the noble Lord gives is in fact an example of push factors—if I might respectfully suggest. Clearly, they do exist in that part of the world. We are, of course, prioritising the issue of addressing these problems at source. That is where our most material efforts are being made and that is where we can prevent the terrible development of the criminal enterprise, which is not only moving families and children across the Mediterranean but then, according to recent reports, trafficking these vulnerable victims further.
Lord Marlesford (Con)
My Lords, does my noble friend agree that, whether we like it or not, it will not be possible to allow all those who wish to migrate to Europe from north Africa, the Middle East and indeed sub-Saharan Africa to do so without a dilution of the standard of living of the residents of Europe that would prove politically unacceptable? Will the Government therefore consider further my proposal of 9 July last year for the establishment of a holding area mandated by the United Nations, somewhere in north Africa—I suggested Libya—which could eventually become a new state of Refugia?
Lord Keen of Elie
It is recognised that our good will is boundless but our resources are finite.
Lord Soley (Lab)
I am grateful for the Minister’s recognition that this is a complex area, but the British people might be more convinced if the Government were better at dealing with unaccompanied child refugees. The European Union and the UK do not give priority to the needs of the child, which in Britain you are required to do by law. If the Government were better at that, the overall message might get over rather better.
Lord Keen of Elie
The Government have been excellent at dealing with the question of unaccompanied children applying for asylum. Let me put it in context for a moment. In 2015, there were just over 3,000 applications from unaccompanied asylum-seeking children. More than 35% of the applications came from Albanians and Afghans; about 6% came from Syrians.
The Lord Bishop of Southwark
My Lords, what possibilities does Her Majesty’s Government see for effective governance in Libya and for the much-needed increase in giving by our international partners to maintain the displaced populations of Iraq and Syria, which will impact on the movement of people and, most importantly, make a positive contribution to their lives?
Lord Keen of Elie
There have been indications of improvement in the governance of Libya, but it remains a difficult and problematic area—of that there can be no question. However, this Government are dedicated to addressing these problems at source. That is where the solution will be found.
The Earl of Sandwich (CB)
My Lords, the Minister mentioned trafficking in north Africa. Will he update us on the Khartoum process, which was meant to solve some of these problems? Does he think that entry into that process will lead us into collaboration with some authoritarian regimes in north Africa at the expense of asylum seekers?
Lord Keen of Elie
We would certainly not want to be drawn into agreement with authoritarian regimes in that part of Africa. However, it is necessary, as I said, to address these problems at source.
Lord Rosser (Lab)
My Lords, does the Government not accept that it is wars, repression and instability that primarily lead to the mass movement of people? If those seeking to come to Europe from the Middle East and north Africa are simply economic migrants, why is it that after every outbreak of violence and repression we get a new wave of people from the area that has just had that outbreak?
Lord Keen of Elie
I must say that listening to Labour opine on the matter of immigration and immigration control is rather like listening to an arsonist on the subject of fire prevention.
Lord Keen of Elie
I cannot answer the question unless I am given an opportunity to do so. Thank you. The position is this: yes, push factors increase where there is violence and instability, but push factors alone are not the issue. There are push factors and pull factors. A simple example is Sweden. It takes the second-highest number of asylum seekers from north Africa and the Mediterranean area, yet it has the borders furthest away from that point.
Immigration Bill
Lord Keen of Elie Excerpts(8 years, 6 months ago)
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Lord Keen of Elie
That this House do not insist on its Amendment 84 and do agree with the Commons in their Amendment 84C in lieu.
“Duty to arrange consideration of bail
(1) Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—
(a) the person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), and
(b) the period of four months beginning with the relevant date has elapsed.
(2) In sub-paragraph (1)(b) “the relevant date” means—
(a) the date on which the person’s detention began, or
(b) if a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.
(3) The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—
(a) consideration by the First-tier Tribunal of whether to grant immigration bail to the person;
(b) withdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;
(c) withdrawal by the person of a notice given under sub-paragraph (6)(b).
(4) The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—
(a) includes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;
(b) includes the dismissal of an application by virtue of provision made under paragraph 9(2).
(5) The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—
(a) the person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, and
(b) the First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State’s consent to bail).
(6) The duty in sub-paragraph (1) to arrange a reference does not apply if—
(a) section 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, or
(b) the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person’s case to be referred to the First-tier Tribunal under this paragraph.
(7) A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).”
Lord Ramsbotham
Leave out from “House” to end and insert “do disagree with the Commons in their Amendment 84C, and do insist on its Amendment 84”.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
I beg to move that this House do not insist on its Amendment 84 and do agree with the Commons in their Amendment 84C in lieu and disagree with Motion A1 in the name of the noble Lord, Lord Ramsbotham, which seeks to reinstate Amendment 84. I shall speak also to Motion A2 in the name of the noble Baroness, Lady Hamwee, which would amend Amendment 84C to reduce the time limit for automatic bail referrals from four months to two months.
I start by reminding the House of what it has already achieved in its role as a reviewing and revising Chamber. There can be no doubt that the spirited debate in this House has added considerably to the quality of this legislation. This House has done its job, and more. This is indisputably a better Bill for it and, particularly, it does more to protect the interests of the most vulnerable. However, we must now make sure that we deliver what the British public voted for last May and pass this Bill into law.
The Immigration Bill delivers important reforms to our laws, and it is right that we ensure that there is proper consideration and debate of its content. The House’s achievement includes ensuring that the detail of the important reforms in the labour market and illegal working provide an effective mechanism to enable us to clamp down on those who exploit vulnerable migrants. The House has delivered improvements to the provisions on the criminal offences and ensured that the duty to have regard to the need to safeguard the welfare of children underpins all the provisions in the Bill. It has pressed the Government for the amendment tabled by the noble Lord, Lord Dubs, to do more to help refugee children, and the Commons yesterday accepted that amendment.
On detention, the Government recognise the strength of feeling on this issue, the need to ensure that detention is for the shortest period possible and that, in particular, there is proper provision to ensure that those who are vulnerable are detained only when necessary and for the shortest period possible.
On time limits on detention, while we do not agree that those are appropriate, we have listened to the concerns expressed in this House. We have listened to the concern that some people may be unaware of their ability to apply for bail or are unable to make such an application. That is why we have proposed our Amendment 84C, which ensures that, unless the detainee has already had a bail hearing, there will be a bail hearing after four months and every four months thereafter. That is an important safeguard, and this House deserves credit for it.
Amendment 84 places an upper limit on detention for all those who are not being deported of a maximum of 28 days in total, which may be extended by the tribunal only on the basis of exceptional circumstances. It might be helpful to remind noble Lords that we will seek to detain and enforce the removal of only those migrants with no basis to remain in the UK who are unwilling to depart of their own volition or who are non-compliant.
As I have stated before, this arbitrary time limit is frankly unworkable and would provide non-compliant migrants with an easy target to aim for in order to secure their release from detention and frustrate their removal. It would lead to meritless asylum claims being made, meritless judicial reviews being lodged and individuals refusing to co-operate with the documentation process. The aggregate limit of 28 days would cause difficulties if we need to redetain a person when a travel document is delayed or where a person disrupts their removal and needs to be taken back into detention until new removal arrangements are put in place.
It may help the House’s understanding if I illustrate this with some real examples. Mr R’s student visa was curtailed when he failed to enrol at university. He was encountered when giving notice of marriage to a British citizen, which was found to be a sham, and he was detained. The day before he was first due to be removed, he submitted a humans rights claim. He was subsequently removed after 30 days in detention. Mr M was encountered by the police and subsequently detained after his visa had expired. An emergency travel document was applied for, but when he lodged a judicial review he was released on bail. Once the judicial review was resolved he was redetained for removal. He disrupted the first attempt to remove him, so removal had to be rescheduled for a charter flight. Mr M’s two periods of detention totalled 130 days. Neither of these examples is likely to qualify as “exceptional circumstances” which would allow the Secretary of State to apply for extended detention.
Baroness Lister of Burtersett (Lab)
My Lords, I will not repeat all the arguments but, as a member of the all-party inquiry, I support Amendments A1 and A2. The Commons had only an hour yesterday. Quite understandably, most of it was spent teasing out the practical implications of my noble friend Lord Dubs’ amendment. I do not think we should read too much into the fact that not much was said about these amendments.
Lord Keen of Elie
My Lords, I am obliged to noble Lords for their contributions to this debate. I acknowledge the work done in the past by the noble Lord, Lord Ramsbotham, on detention and on the revising of the immigration and detention rules. I must, however, take issue with the suggestion that access to bail is merely theoretical and that there is an absence of judicial oversight.
The access to bail arises immediately on detention and a tribunal must be persuaded that there are substantial grounds for believing that detention should be maintained. This is not a theoretical right; it is an obligation on the part of the Home Office to persuade a tribunal that detention should be maintained. So far as the period of detention is concerned, I can confirm to the noble Lord, Lord Rosser, that, after a period extending to four months—which is highly unusual—there will be an automatic bail hearing. In these circumstances, I renew my Motion to the House.
Lord Ramsbotham (CB)
My Lords, I am grateful to all those who have spoken, not least to my noble and learned friend Lord Brown of Eaton-under-Heywood and my noble friend Lord Pannick. It is rare for me to find myself in disagreement with them and I bow to their superior legal knowledge in this case. We have probably gone as far as we are able. I am pleased that, during the passage of the Bill, we have been able to raise so many issues. I sincerely hope that the Home Secretary and her officials will focus on these, not least when they concentrate on the reports that they have commissioned from Stephen Shaw and the report on the mental health arrangements commissioned by NHS England. I fear that the writing is on the wall for my hope of progressing further with this amendment during the passage of the Bill. With a heavy heart, I beg leave to withdraw the amendment.
Lord Keen of Elie
That this House do agree with the Commons in their Amendments 85D, 85E, 85F, 85G, 85H and 85I.
Commons Amendments to Lords Amendment 85C
Lord Keen of Elie
My Lords, the Government have continued to listen carefully to the concerns expressed in both Houses on the issue of detaining pregnant women.
Last night, the other place agreed amendments which will make it clear that pregnant women will be detained for the purposes of removal only if they are to be shortly removed from the United Kingdom or if there are exceptional circumstances which justify the detention and which place an additional duty on those making detention decisions in respect of pregnant women to have due regard to their welfare.
The additional measures we are putting in place, alongside the 72-hour time limit on the detention of pregnant women, will act as extra statutory safeguards which will complement the Government’s wider package of reform in the area of the detention of vulnerable people. This includes the new adults at risk policy, which is given a statutory basis in this Bill. It includes a new cross-cutting gatekeeper function to help provide consistency in decision-making across the business. It includes new safeguarding teams which will provide an extra level of scrutiny of the cases of detained vulnerable people. As we have previously announced, we also intend to ask Stephen Shaw to carry out a short review in order to assess progress against the key actions from his previous report.
I hope that noble Lords will accept this suite of measures as a clear and positive demonstration of the Government’s absolute commitment and desire to ensure that pregnant women are detained only when it is absolutely necessary and as a last resort, with their health and welfare being a foremost consideration whenever a decision is made in respect of their detention. These are solid measures which will have a practical impact but which will also give life to the Government’s desire to end the routine detention of pregnant women, as was set out in the Written Ministerial Statement on 18 April. The 72-hour time limit announced in that Statement was a clear exposition of the Government’s intent, moving to a position in which in no circumstances will a pregnant woman be knowingly detained for longer than a week. That is a major shift from a position in which, theoretically at least and occasionally in practice, detention could persist for a longer period. This will be backed up with the new duty, the clear statement that pregnant women will be detained only for the purposes of quick removal or in exceptional circumstances. I reiterate that, even when there are exceptional circumstances, detention will still be for only the limited period set out in the Bill. It will also be backed up with other measures as I have described. All this represents a new level of safeguarding for pregnant women which, while not going as far as providing an absolute exclusion from detention, ensures that it will occur sparingly and only when it is absolutely necessary.
I turn specifically to Amendment 85J, tabled by the noble Baroness, Lady Lister of Burtersett. The adults at risk policy will effectively replace Chapter 55.10 of the Home Office Enforcement Instructions and Guidance, which is where the existing policy is set out, and will represent a different, and better, way of assessing the circumstances that apply in any given case of a vulnerable person, including cases of pregnant women. The amendments tabled in the other place automatically place pregnant women on a separate footing, making it clear that particular consideration needs to be taken in those cases.
The 72-hour time limit, by virtue of its brevity, will ensure that detention is used as a last resort. On that basis, I am of the view that the current formulation in the Bill, combined with the other measures we are putting in place, provides a high level of safeguard for pregnant women. I beg to move Motion B.
Motion B1 (as an amendment to Motion B)
Lord Rosser
Perhaps I could add to the point just made and express the hope that the noble and learned Lord will not only respond to questions raised in this short debate in this House but be doubly determined to do so. I find it extraordinary that when our amendments were discussed in the Commons last night, although they have the not surprising procedure that a Minister opens the debate, there was no reply by a Minister at the end of the debate. So all the legitimate questions raised in that debate after the Minister had finished speaking were not answered at all by the Government. I know very little about House of Commons procedures —that is quite obvious—but it is certainly a fairly remarkable procedure to have a debate where questions are asked of the Government but there is no Minister replying at the end. I hope that that is a defect that the noble and learned Lord will be able to rectify when he replies to this debate.
We accept that the Government have moved on this issue to a position of not allowing the detention of pregnant women beyond 72 hours—or up to a week with the Secretary of State’s approval. This House of course wanted the Government to go further and provide additional safeguards, which were reflected in the amendments sent to the Commons. In the Commons last night, the Minister said that the Government had tabled amendments that made it clear that,
“pregnant women will be detained for the purpose of removal only if they are shortly to be removed from the UK or if there are exceptional circumstances that justify the detention”.—[Official Report, Commons, 9/5/16; col. 486.]
As has been said, the Minister went on to say that the guidance will also make it clear that the guidance would also make it clear that the power to detain should be used only in very exceptional circumstances. Why does the government amendment passed last night in the Commons refer to “exceptional circumstances” and not to “very exceptional circumstances”, which is and will continue to be used in the guidance?
What in the Government’s view is the difference in this context between “exceptional circumstances” and “very exceptional circumstances”, since it is they who have decided not to use the same wording in the Bill as is and will continue to be used in the guidelines? Through her amendment, my noble friend Lady Lister of Burtersett seeks a credible and reassuring answer to that question, and I hope that the Government can provide it.
Lord Keen of Elie
My Lords, I will begin by answering the question just posed by the noble Lord, Lord Rosser. The provision does refer to “exceptional circumstances”. The guidance as it exists talks of only “very exceptional circumstances” applying for the detention of pregnant women, and that will continue to be the policy that is applied in the context of the provision. I reiterate what was said in the other place last night: it is only in very exceptional circumstances that it will be considered appropriate for this provision on detention to be employed.
Baroness Lister of Burtersett
I am sorry to interrupt, but there was a specific question there: if that is the case, why is “very exceptional circumstances” not put in the Bill?
Lord Keen of Elie
In the context of drafting statutory provision, it was not considered that the addition of such words as “most”, “much” or “very” would add anything to the proper construction of the provision. However, the policy guidance is there. It is absolutely clear, and both in this place and the other place it has been said that the policy will apply in the context of “very exceptional circumstances”.
Lord Williams of Elvel (Lab)
With respect to the noble and learned Lord, as a matter of English language, there is a word “exceptional”, which is perfectly clear. What is the difference in his mind between “exceptional” and “very exceptional”?
Lord Keen of Elie
With respect, the noble Lord makes my point for me. It is questionable whether there is any distinction to be drawn between exceptional, properly understood, and very exceptional or most exceptional. That is what lies behind the manner in which this provision has been drafted. Nevertheless, to dispel doubt in the minds of others, it has been said in the guidance that, as a matter of policy, the term “very exceptional” may be applied when approaching the application of this provision to the detention of pregnant women.
Baroness Hamwee
My Lords, with the leave of the House, I wish to pursue this issue. There must be a difference, otherwise it would not be necessary to use the word or the distinct phrases. Are the Government not in danger of falling foul of their own legislation by applying guidance that is different from the legislation?
Lord Keen of Elie
I do not accept that. The purpose of the policy guidance is to lend emphasis to the test that is being applied, and that is what is happening here.
I shall move on to address a point raised by the noble Baronesses, Lady Lister and Lady Hamwee, which concerned the reference to the welfare of the pregnant woman. I emphasise that this provision is there as an additional safeguard. I will not claim that the draftsmanship of this clause is distinguished by its elegance, but its effect ultimately is clear.
In circumstances where it is thought that a pregnant woman may be detained, the party who may be exercising the right to detain will also have to have regard to the welfare of that pregnant woman before a final decision is made. For example, in circumstances where the pregnant woman has arrived at a remote port and there is nowhere in the vicinity that could properly be utilised to detain her when she is in a state of pregnancy, that factor must be taken into account—indeed, it must be a determining factor—in deciding whether to detain her. Somebody in a state of pregnancy arriving, say, at Heathrow can and should be detained because the circumstances are very exceptional and there are facilities to detain her in her state of pregnancy. However, if somebody arrived at a remote port where it was felt that there were very exceptional circumstances that would justify detention but where there was no suitable place for her detention, having regard to her welfare would mean that detention would not take place. I hope that that assists in explaining the purpose of the provision. It is an additional safeguard.
I turn to the question of and/or, which was raised in the context of whether or not detention should take place. Of course, the intended effect of these provisions, so far as pregnant women are concerned, is that they will, like all detainees, be detained only for the purposes of removal. Because there will be a time limit on the detention of pregnant women, all cases of detention of pregnant women will be necessarily short. Some of these cases will have exceptional circumstances attached but, by definition, not many. For example, cases at the border are quite likely not to have exceptional features. The clause as drafted therefore allows for the detention of pregnant women only when they can be removed quickly, or when they can be removed and exceptional circumstances pertain. It is merely to allow for the two circumstances—namely, that they can be quickly removed, or that they can be quickly removed and exceptional circumstances pertain. I hope that that explains the way in which that particular provision is drafted.
The noble Baroness, Lady Lister, asked about a further review. With respect, we have already had the review from Stephen Shaw, and he will be instructed to carry out a further short review about the implementation of these provisions. No additional or alternative review is being contemplated. Of course, the policy guidance that we have has been addressed already. The noble Baroness also referred to an FoI request. I cannot reply directly with respect to that request for the relevant statistics. But, of course, there is a process that can be followed through to a conclusion to determine that the FoI request is responded to in due time and in appropriate terms.
The noble Lord, Lord Winston, raised a point echoed by the noble Lord, Lord Alton, on the treatment of pregnant women and the effect of stress on them. Who can doubt how stressful it will be for a person who travels unlawfully to the United Kingdom in a state of pregnancy and then attempts unlawfully to secure entry to the United Kingdom? That alone is a source of stress. The question is how we deal sympathetically and effectively with such persons, particularly when we find that they are either vulnerable or pregnant. What we have developed here is a rational and reasonable approach to that very difficult question.
Finally, I address the question of facilities in the context of a planned departure. Our continuing view is that immigration removal centres remain the most appropriate places to detain pregnant women. Yarl’s Wood provides a high level of care for pregnant women. NHS midwives are available; general practitioners and nurses can be accessed seven days a week; there are strong links with local maternity services; and support is provided by a pregnancy liaison officer. In addition, there is a new care suite, staffed by a dedicated female member of staff, to attend to women in the state of pregnancy. Very few pregnant women are detained in these circumstances, but suitable and sufficient facilities are available and, as I observed earlier, where they are not for some reason available the welfare of the pregnant woman will be paramount.
Lord Alton of Liverpool
I am grateful to the Minister. He will recall that he has been asked by three of us about those words that appear in the final section, in the penultimate line of the amendment, “apart from this section”. I wondered whether he could tell us why they had been included and what they add.
Lord Keen of Elie
I did say that the relevant provision was not distinguished by its elegance. However, if noble Lords read the clause as a whole, it is intended to refer back to the person with the power of detention in terms of the Bill. How it is drafted at that point is dictated by how that is described in an earlier clause of the Bill.
Lord Winston
Forgive me for intervening once more, but I do not feel at all confident about the question of incarceration. Arriving on these shores, perhaps illegally, and then being incarcerated, is very different from arriving on these shores with hope. What the evidence of the model shows in Canada is that it is the incarceration—in their own houses, even—that caused the stress to these women that resulted in the changes to the foetus that were subsequently inherited. I beg the Minister to consider that point when he finally sums up.
Lord Keen of Elie
I had rather summed up, but I can say to the noble Lord, Lord Winston, that of course there are elements in the journey of such a person that will cause stress. Detention may be a factor in that but, in the round, we have to come to a reasoned conclusion as to how we deal with unlawful entry into the United Kingdom.
Baroness Hamwee
Can I make the Minister an offer? He is obviously as uncomfortable as I am with the drafting of this clause. Can we find a way in which to get it to mean what—whether we like it or not—he is telling us that we ought to understand it to mean early in the next Session? Let us tack it on to something that will come to us fairly shortly.
Lord Keen of Elie
With respect to the noble Baroness, “It means what I say—it does not say what I mean” may be her line, but that is one that we shall take into consideration.
Baroness Lister of Burtersett
My Lords, I am very grateful to everyone who has spoken, and particularly to my noble friend Lord Winston, who made a very powerful point. It has reinforced the sense that this House is very concerned about this issue and not convinced that the welfare of pregnant women and the foetus inside them is being protected by the concessions that the Government have made.
I am grateful to the Minister for addressing all the questions that were asked. I do not think that it is just a question of elegance; it is a question of comprehensibility. I have to say that I did not understand a word of one of his answers, but that is probably me, and I shall put a towel over my head and finally understand it when I read it in Hansard. It does have resonances of Humpty Dumpty and words saying what I say they mean, and the,
“question is … which is to be master—that’s all”.
Unfortunately, it is the Government who are master and who have the power to decide these issues. The answers that I did understand from the noble and learned Lord were very disappointing. I have still not heard a good or proper reason as to why, if it is good enough for the guidance and it means something in the guidance, it is not good enough to be in the legislation. I am still worried that someone looking at both of them will think, “With regard to the legislation, the Government have actually gone backwards”.
I was not asking for a whole new review: I was asking for a very focused review of the process by which a woman is taken from her home into detention. As I understand it, there has already been a commitment to look at transport; I am just asking for that to be broadened out to the whole process. It is not a big thing, and I have still not heard any explanation as to how this is going to be modelled on the family returns process. The noble and learned Lord said there was not going to be any further guidance on this, so it is just an empty claim unless someone can show us otherwise.
I hope that the noble and learned Lord, the Immigration Minister and the Home Secretary will take this away and read what has been said in this House. My noble friend Lord Rosser pointed out the really strange Commons procedures that do not allow the Minister to respond to perfectly good questions, but we at least have a chance to do that in this House. I hope that the people in the other place will all read what has been said in this House and will think about how, within the constraints of the legislation as it is, we could make this a more humane process. As we have heard, there is a lot at stake here. My noble friend Lord Winston said that it could be responsible for a heritable effect on the child. That is very serious, so I hope that this will be looked at further, even if it cannot be in the context of actual legislation. That said, like the noble Lord, Lord Ramsbotham, I recognise when we are coming to the end of the road. Therefore, like him, with a very heavy heart indeed, I beg leave to withdraw the amendment.
Refugees: Unaccompanied Children
Lord Keen of Elie Excerpts(8 years, 6 months ago)
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The Lord Bishop of St Albans
To ask Her Majesty’s Government what extra resources they plan to provide to local authorities to support the foster care of unaccompanied refugee children, and what plans they have to engage charities that may have volunteers available to help.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, the Minister for Immigration will shortly be writing to local authorities to set out the new funding rates for unaccompanied asylum-seeking children. We are consulting with local authorities across the United Kingdom to understand how many children they can support, and we will engage charities with relevant expertise as a part of that process.
The Lord Bishop of St Albans
I thank the Minister for that Answer. In all our debates and statistics, it is vital that we remember that the needs of the child are paramount at every point. A number of my colleagues have signed a letter that was published in the Times today, calling on Her Majesty’s Government to ensure that the unaccompanied children living in the Calais camps who have families here in the UK are reunited with them in time for the new school term in September—and, furthermore, calling on the Government to act on the 300 unaccompanied children in Greece and Italy and deal with that in the same timeframe. In the light of this profound humanitarian need—indeed, crisis—would the Minister assure the House that the Government will act on these matters immediately?
Lord Keen of Elie
My Lords, the Government are already acting on these matters and have made provision in Calais for suitable experts to be present to assist with the registration of unaccompanied children who may have direct relatives in the United Kingdom and who therefore have a route to the United Kingdom by way of the Dublin regulation. In addition, we have arranged to send experts out to Greece, again to assist with functions there in relation to unaccompanied children. We are at the forefront of attempts to secure as much as we can by way of relief to these unaccompanied children.
Lord Singh of Wimbledon (CB)
My Lords, over the last few days there has been a BBC television programme showing how Sikhs are supporting the homeless in London. This evening I shall be meeting people to take that work further forward. I assure the Minister that every Sikh gurdwara in the country will be more than willing to provide not only langar—free food—but every support and assistance to these children.
Lord Keen of Elie
I thank the noble Lord. What he says complements the Government’s efforts to develop community sponsorship schemes for children arriving in this country.
Lord Tomlinson (Lab)
Could the Minister give a clear and unequivocal statement that the children who are coming into this country will have no pressure or requirement placed on them at 18 to leave these shores?
Lord Keen of Elie
I can give no such assurance. The position of these children when they reach the age of 18 will be assessed and their right to remain will be determined by reference to the country from which they arrived and also by reference to whether it is fair, reasonable and safe for them to return.
Baroness Hamwee (LD)
Are the Government in communication with the Government of Canada, who are working with civil society? For instance, Canada has a private sponsorship of refugees programme, whereby sponsors can provide financial and emotional support for a period—usually a year—and the joint assistance programme, partnering with organisations to resettle refugees with special needs.
Lord Keen of Elie
I am not aware of direct contact with the Canadian authorities on that point, but I undertake to write to the noble Baroness on the matter.
Lord Pearson of Rannoch (UKIP)
In thinking of our long-term counterterrorism strategy, and bearing in mind the example of the Sikh community, about which we have just heard, are the Government planning to provide an exceptional education for the Muslims among these children—teaching them, for instance, not to follow the Muslim tenets of abrogation and Al-Hijra, and thus to become leaders of integration within our society?
Lord Keen of Elie
These children, we hope, will be fostered along with British children and educated alongside British children, and we believe that they will acquire the same outlook and values.
Lord Alton of Liverpool (CB)
My Lords, reverting to the question asked by the right reverend Prelate, will the Minister confirm that Citizens UK, cited in the letter referred to by the right reverend Prelate, has said that there are 157 children in Calais, in the “Jungle”, in horrific conditions of mud and squalor, who have a legal claim to come to the United Kingdom because they have relatives here? Will he confirm that he will speak to his officials to see that all possible things will be done to expedite those claims, to see if they have the standing to come to the United Kingdom and start the academic year in September in our schools?
Lord Keen of Elie
The French authorities are taking steps to improve the conditions in Calais, as noble Lords will be aware. As regards the precise number of 157, I cannot comment—but I can say that the Government have made provision in Calais to ensure that those unaccompanied children who have direct relatives in the United Kingdom follow the appropriate path, which is to register with the French authorities and proceed by way of the Dublin regulation.
Lord Elton (Con)
My Lords, will the Government take note that it is no good getting these children here two days before term starts and pitching them into a strange school? They must have time to settle into a family or a home before they undertake that very stressful process.
Lord Keen of Elie
It is necessary also to have regard to the capability of local authorities to receive these children. Until there are suitable foster places available for them and until there are suitable schools available for them, it would not be appropriate simply to bring them here.
Baroness Lister of Burtersett (Lab)
My Lords, I accept what the noble and learned Lord is saying, but it was suggested in the Commons yesterday that it could be seven months before any child is accepted here. How many more children will go missing in seven months? How many more children will suffer in seven months? This is not the first time that we have said that we need a degree of urgency on this question.
Lord Keen of Elie
I believe that everyone is aware of the urgency of this issue. The Government said last week that we expected that the first children would arrive before the end of the year, not—as was widely reported—that it would take until the end of the year before they arrived.
Lord Roberts of Llandudno (LD)
My Lords, surely we remember that this proposal from Save the Children was first made last September. Since that time, it seems that nothing has been prepared by the Government in order to make sure that these children are welcomed here by people who really have warm hearts willing to welcome them. Are not the Government acting totally out of step with the thinking of the majority of caring people in the United Kingdom?
Lord Keen of Elie
I do not accept that for a moment. This Government have been at the forefront of efforts to deal with the refugee problem not only in Syria but also as it has affected Europe. We are taking further steps, as the noble Lord knows, to deal with the question of unaccompanied children. However, noble Lords will remember that those children who are now in Europe are in relatively safe havens. It cannot be suggested that France is anything other than a safe country. For those children who have a connection or direct family links with the United Kingdom, we are taking steps to ensure that that connection is established properly and that they are brought to the United Kingdom.
Baroness Manzoor (LD)
My Lords, there are thousands of children who are going missing or have been sexually abused. They are not safe in Europe; we are talking about Europe. Where are these children going and what is happening to them? There needs to be much greater urgency than there is now.
Lord Keen of Elie
We are all aware of the terrible reports that have emanated from Europe about the condition of these children and the fact that their whereabouts in many cases cannot now be ascertained. It is a matter of considerable concern. I reiterate that this Government are at the forefront of efforts to deal with these issues.