EU Action Plan Against Migrant Smuggling (EUC Report)

Lord Keen of Elie Excerpts

Wednesday 15th June 2016 Lords Chamber

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

My Lords, I would like to thank the European Union Committee for producing its report on the EU action plan against migrant smuggling and its report on Operation Sophia, and to thank all those who have spoken in this debate.

I would like to touch on some of those contributions for a moment. The noble Baroness, Lady Pashar, alluded to various proposals in the committee’s report. In order to see these in context, it is important to remember that as a nation we must maintain border security. We must maintain a coherent immigration policy. As has been acknowledged, public opinion, if nothing else, would demand that we maintain such a coherent policy.

A number of your Lordships observed that the European Union cannot accommodate all those who wish to come. That is clearly a truism. The Government’s opinion is that there is little evidence to support the proposition that providing opportunities for a small number of migrants to travel legally from source countries will have any significant impact on the very large numbers of migrants who are prepared to travel illegally into the European Union. As the Government recognise, there will of course be some vulnerable people in Syria and the region who can be effectively supported only in countries such as the United Kingdom. That is why the Prime Minister announced the major expansion of the Syrian vulnerable persons relocation scheme, under which we will provide refuge for vulnerable people.

I turn to the contribution of my noble friend Lord Tugendhat. I congratulate him on his chairmanship of the committee, which is now coming to an end. I hope he will accept that what is impossible today may become possible tomorrow. As many of your Lordships observed, this is a complex problem for which there are only long-term solutions. There are no simple immediate answers, although I note that the noble Lord, Lord Rosser, has asked me for some. I will come on to that in a moment. Looking forward, we have to see changes in areas such as Libya, with stability of government there, before we can reach any kind of effective result in the Mediterranean.

The noble Baroness, Lady Suttie, referred to the crime of people smuggling. It is an immense problem, considered to be the fastest-growing crime in Europe at present. Indeed, the sums involved have been estimated at anything between €3 billion and €6 billion. She mentioned the shift from the Aegean to the middle of the Mediterranean. On that, the Turkey agreement appears to be succeeding. The numbers crossing the Aegean up until the beginning of June are about 10% of what they were a year ago. We have not seen an entire shift of those numbers into the middle Mediterranean. Indeed, the most recent numbers from the middle Mediterranean were slightly lower than they were a year ago. But we will all accept that these smugglers are ruthless criminals. They will find another route, and we have to be prepared to address that as it emerges. Indeed, we have to be prepared to seek the intelligence that will allow us to pre-empt these criminals when they seek these alternative routes.

The noble Baroness also made the point that it is important to distinguish between refugees and economic migrants. That is an important part of the issue. Indeed, we find that so many of those who present themselves as refugees, as asylum seekers, are in reality economic migrants. That is often not an easy issue to resolve. One has to acknowledge that the more economic migrants come forward to claim that they are asylum seekers, the greater the pressure on our resources and therefore the more difficult it is to process those who are genuinely refugees. Indeed, I note in passing that more than 90% of the asylum claims in the United Kingdom are made by persons already here, and who have therefore arrived illegally or under a visa and overstayed their visit. That is the extent of the problem.

Again, as the noble Baroness, Lady Suttie, acknowledged, long-term solutions are needed. Those will be found at source more than anywhere else. My noble friend Lord Horam pointed out that the problem lies at source. That is what drives people away from these countries in sub-Saharan Africa. He also mentioned Jamaica. He made a further important point. As these countries lose their best, their youngest, their best-trained and best-educated, it exacerbates the problem at the source. They lose their doctors, nurses and engineers; they lose a viable economic future. That is why it is important not only to stop this economic migration but to have an effective and viable returns policy. That is welcomed by some of these countries, which want to see their best-educated return to their own country.

The noble Lord, Lord Anderson, alluded to the fact that we cannot accept all who wish to come here. That is absolutely clear. It is therefore necessary to invest our resources in dealing with the problem at source, whether it be health, economic or otherwise. Indeed, we ought to try to maintain a system whereby we give temporary shelter to genuine asylum seekers so they can return in due course. That is why we have encouraged and sought to support those countries that are doing so much in the vicinity of Syria, such as Lebanon and Jordan. They are maintaining facilities for many refugees who want to remain in the Middle East and want the opportunity to return to their own country in due course. We acknowledge the importance of that.

The right reverend Prelate the Bishop of Sheffield alluded to what we need to do when people actually arrive here. Of course, we cannot ignore the need for sanctuary of those who arrive, and I do not believe that any of us would wish to do so.

My noble friend Lord Patten raised the question of what we are doing on the ground, and when we might do something on the ground in Libya. Of course, part 3 of Operation Sophia deals with moving into territorial waters and on to the coast to try to address people smuggling. That cannot be done until we have a stable Government in Libya and appropriate approval from the United Nations. It remains part of our medium or long-term proposal for that project. I am not aware of any request from the present Libyan Government for us to put people on the ground in Libya. If it transpires that there has been such a request, I will write to the noble Lord, but I believe it is widely understood that we cannot take that step into territorial waters or into the territory of Libya until there is a stable Government.

In that context, I have a further observation on a point raised by one of your Lordships about returns to Libya. Let us be clear: there is no question of persons being returned to Libya unless and until it is a safe place for their return, whether they have been picked up in the Mediterranean or elsewhere. When my right honourable friend the Prime Minister alluded to the possibility of returns to Libya, it was in the context that it would occur only when it was safe for such persons to be returned.

I appreciate that I have not mentioned the contributions of all noble Lords expressly, but I hope it will be appreciated that I have taken all of them into account and wish to consider them. The noble Lord, Lord Rosser, raised a number of specific questions about policies that have yet to be implemented and decisions that have yet to be made in the context of certain proposals. In particular, he referred to our contribution to the proposed EU partnerships. I am not aware of any decision having been made on that, but I will inquire and write to the noble Lord on that point. On specific improvements arising from the implementation of the task force, I suspect that it is too early to say that there are improvements we can isolate and report on, but, again, if there are, I undertake to include that in my letter.

We have to remember that the EU action plan against migrant smuggling is intended to shape the EU’s law enforcement response to immigration crime. It sets out concrete actions to counter and prevent organised immigration crime. The Government share the view expressed in the action plan that there should be a focus on an enhanced police and judicial response, improved gathering and sharing of information, and stronger co-operation with third countries. The UK’s response to the migration crisis must be comprehensive, utilising expertise and resources from across government and law enforcement. In order to be successful it must include a humanitarian response, law enforcement activity and capacity building in source countries.

Of course, some of those making the dangerous journey to Europe are fleeing conflict but others are economic migrants. That is why we are leading the argument in Europe about the importance of breaking the link between these journeys and achieving settlement in Europe for those who are not refugees. We are playing a leading role in tackling organised immigration crime. We have established a multiagency Organised Immigration Crime Taskforce, which brings together officers from the National Crime Agency, Border Force, Immigration Enforcement and the Crown Prosecution Service. Its purpose is to exploit every opportunity to identify and tackle people smugglers.

The Organised Immigration Crime Taskforce is working in 17 countries, giving UK law enforcement unprecedented reach in source and transit countries. The task force is achieving success, both on land and at sea. Land enforcement agencies have had some notable successes. Between 1 April 2015 and 31 March 2016, immigration enforcement achieved 175 disruptions against criminals involved in organised immigration crime. The recent interception at sea of the MV “Haddad”, which was detained by Greek authorities en route to Libya, is another notable success. There were weapons, ammunition and smuggled cigarettes on board and, had the vessel reached Libya, there is strong evidence that it would have made the return journey with migrants on board.

The task force is also working to enrich the intelligence picture. Officers have been deployed to the existing Frontex debriefing centres in Italy and Greece. There, they are assisting other agencies to gather intelligence from migrants arriving at external EU borders. This information is passed to the host member state for it to disseminate to law enforcement agencies.

The UK also engages closely with the European Migrant Smuggling Centre—which was mentioned by the noble Lord, Lord Rosser, and I think by the noble Baroness, Lady Prashar—which leads for Europol on organised immigration crime. The UK is a key contributor and we are working to improve the overall intelligence picture by encouraging countries to share information effectively with the centre.

In addition to our relationships at a European level, we are also engaging with our closest neighbours to create a strong joint response to migration. We are working closely with the French, Dutch and Belgians to increase the security of ports with links to the United Kingdom and increase co-operation against organised immigration crime. Such work has so far seen improvements in joint work on security measures at ports, intelligence sharing and returns. Activity will continue to determine what additional operational, technological and infrastructure assistance could be provided at relevant ports.

As well as pursuing the criminal gangs involved in immigration crime, the UK is also working with source countries to address the root causes of migration. Through our aid programme around the world we are growing economies and creating jobs. This in turn helps to build more effective states and societies, reducing some of the pressures to migrate. It also helps undermine the business model of organised crime groups. We are also at the forefront of the response to the crisis in Syria, where the United Kingdom has committed over £2.3 billion—our largest ever humanitarian response. The UK’s support is helping refugees to remain in host countries in the region and supporting host countries to accommodate them.

In Libya, the UK is supporting the Government of National Accord to regain control of Libyan borders and tackle the organised crime groups. Operation Sophia, the EU’s naval operation in the central Mediterranean, has already seen some success. Since its inception last summer, Operation Sophia has destroyed more than 120 smuggling boats on the high seas, apprehended more than 70 suspects and saved more than 15,000 lives. This is good progress on which we can build.

The UK survey ship HMS “Enterprise” has been participating in the operation. To add support during a surge of assets in October and November, we also contributed HMS “Richmond”. But the smugglers are of course adept at changing their tactics, so we must be aware of that and be prepared to respond. That is why we have agreed with EU partners to expand Operation Sophia’s scope to include activity to build the capacity of the Libyan coastguard and to prevent the trafficking of illegal arms into Libya. We remain committed to moving to the later phases of Operation Sophia, to prevent smugglers putting to sea, once the right conditions are in place. With a new Government in Libya, we have an opportunity to take this forward—and, therefore, what has seemed impossible may in the medium to long term become possible.

In May of this year, the Prime Minister announced that four military planners had deployed to the Operation Sophia headquarters in addition to the UK personnel already present. They are working on options to build the capacity of the Libyan coastguard and, in due course, we expect to support the delivery of this with a UK training team. This activity will help secure the coast of Libya and harden the operating environment for people smugglers.

The Prime Minister also announced that we will seek to commit a second ship to Operation Sophia to tackle arms smuggling to Libya. The UK has worked hard to secure a UN Security Council resolution authorising member states to take action to support the embargo. This was agreed unanimously last night. The arms that are illegally supplied from the Mediterranean reinforce violent armed groups, and Daesh in particular. Countering the flow of weapons and military equipment will support the wider effort to promote stability in Libya and a stable Libyan Government.

The work of Operation Sophia is just one element of wider UK efforts to support the humanitarian needs of migrants. The United Kingdom is providing £70 million to the Mediterranean migration crisis response. Some £60 million of this is allocated to Europe to provide lifesaving aid to migrants and refugees, as well as support to Governments to build their capacity to manage arrivals. At the EU-Africa Valletta summit, the Prime Minister announced a further £200 million in bilateral aid to Africa to deal with the root causes of migration and a €3 million contribution to the EU trust fund for Africa. I say that in response to the observations of the noble Lord, Lord Rosser.

In the Horn of Africa we are supporting the Khartoum process that was mentioned by the noble Earl, Lord Sandwich, which focuses on combating organised immigration crime and human trafficking in the region. The goal of the process is to encourage member countries to work in a co-operative manner to tackle the shared challenge of organised immigration crime. It aims to achieve an improved understanding of this threat and to establish ways to strengthen capabilities in the region. It is not easy and requires us to engage with certain regimes when we might otherwise not wish to do so.

The law enforcement approach outlined in the EU action plan against migrant smuggling is one element of the EU’s response to the migration crisis. This is complemented by the United Kingdom’s law enforcement, as well as wider activity such as Operation Sophia to meet the humanitarian needs of migrants, tackle the root causes of migration and respond to the ever-developing challenge posed by criminal people smugglers —and in that we maintain our intent. I thank noble Lords for their attention.

Euro 2016: Fan Violence

Lord Keen of Elie Excerpts

Tuesday 14th June 2016 Lords Chamber

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

My Lords, in an effort to avoid a double act, I wish to repeat in the form of a Statement a response to an Urgent Question given by the Secretary of State for the Home Department in the other place on violence in Marseilles at the Euro 2016 Championships. The Statement is as follows.

“The trouble that occurred in Marseilles involving England supporters was deeply disturbing. I also made it clear that co-ordinated groups of Russian supporters were responsible for instigating a good deal of the worst violence. I note that UEFA has announced this morning that Russia is subject to a suspended disqualification from the tournament. This Government’s priority now is to work with the French authorities to ensure that the events of the weekend are not repeated.

This morning I updated Cabinet colleagues on the full range of measures that we are taking ahead of the match between England and Wales in Lens on Thursday. It had already been agreed with the French that an additional contingent of United Kingdom police spotters would be deployed to help identify troublemakers. The Foreign Office is advising supporters without tickets that they should avoid travelling to Lens and nearby Lille. The Foreign Office has drawn fans’ attention to the fact that Russia is playing Slovakia in Lille tomorrow afternoon and said that English and Welsh supporters should be on their guard.

Stadium security is an area of significant concern following the breakdown of segregation in the Vélodrome stadium. We are acutely conscious of the dangers when crowd management inside a stadium goes wrong, and discussions are in hand with the French police about reinforcing the stewarding operation in Lens on Thursday night.

The House will already be aware of the robust operation in place in this country to prevent known troublemakers subject to football banning orders from travelling to France before the start of the tournament, which has seen almost 1,400 passports being surrendered. Following the violence in Marseilles, nine British nationals were arrested and six have now been given custodial sentences for their involvement in the violence. Our expectation is that all will be subject to additional court proceedings on their return to the United Kingdom to examine whether banning orders should be imposed.

We are deeply concerned at the very serious injuries suffered by some England supporters in Marseilles. The Foreign Office has additional staff in France and is providing consular assistance to those who have been hurt and their families.

We are confident that all the measures we and the French are taking will help, but I would conclude by echoing the England captain and manager, who have urged fans to stay out of trouble. As the UEFA decision in relation to the Russian team shows, the penalties for individuals and for the teams they support could be severe if there is more violence in the days ahead”.

My Lords, that concludes the Statement.

[Lord Rosser (Lab)]

My Lords, the violence in Marseilles is to be deplored. It has involved a small minority of England supporters, although organised groups of Russian supporters have apparently been at the heart of the most violent acts. Whoever is to blame, the reality is that matches are taking place in other parts of France, involving other nations’ supporters, without the violence we have seen both inside and outside the stadium in Marseilles.

We can express our concerns about the policing arrangements and tactics in the streets of Marseilles and about ineffective security and segregation arrangements in place inside the stadium. However, the fact is that this is far from the first time that a small minority of England supporters has been involved in violent scenes when our national team has been playing in major competitions abroad. It damages us all and our country.

For the Government to say that they are “hopeful” the French police will reinforce the stewarding arrangements for England’s next game is not sufficient, since clearly the current approach has been shown to be inadequate. What further action are the Government taking in conjunction with UEFA and the French authorities to ensure the safety of the vast majority of supporters from the three home nations involved, who are only in France to enjoy the football? In addition, what further action are the Government taking to prevent similar trouble arising, associated with England and Wales playing in Lens on Thursday, particularly bearing in mind that the previous day Russia will have been playing in Lille only some 25 miles away, and that many England and Wales supporters are likely to be basing themselves in Lille alongside Russian supporters?

[Lord Keen of Elie]

I entirely concur with the observations of the noble Lord with regard to the outrageous behaviour of a very small minority of English supporters, which casts a shadow upon all those others who simply wish to enjoy a UEFA championship tournament. With regard to further steps and to policing within stadiums, one has to bear in mind that the conditions for policing and the segregation of fans differ between Europe and our domestic football league. Under the present UEFA rules, it is not possible for the police to be stationed within the stadium during the match. Consequently, segregation is left to stewards within the stadium. That is the subject of ongoing discussion.

With regard to further assistance from this Government, further police officers were requested by the French, and police spotters will be provided in Lens in the run-up to the match between England and Wales. In addition, British Transport Police officers have been stationed on cross-channel services, and indeed on services to Lens and up to Lille itself. Furthermore, the Foreign Office has given advice that those without tickets should not travel to Lens or to Lille. As the noble Lord observed, on the day before the match in Lens there is a match between Russia and Slovakia in Lille.

[Lord Addington (LD)]

My Lords, first, we express our condolences to all those innocent parties caught up in this violence. Secondly, can the Minister give us some assurance that co-operation between European states, whether in or out of the EU, is very important, and that such things as are available to us, including the European arrest warrant, will be used to pursue anybody who we discover has been involved in this after the event, if not before?

[Lord Keen of Elie]

I cannot say to what extent the European arrest warrant will have to be deployed in respect of persons responsible for these actions in France. However, persons who return to England may be subject to the civil procedure relating to football banning orders, which results in the loss of their passports. With regard to co-operation, there has been co-operation between the English and French police authorities since well before the championship began, and that co-operation continues.

[Lord Elystan-Morgan (CB)]

Will the noble and learned Lord express admiration for the actions of the 24,000 Welsh supporters on Saturday night in the Slovakia game, in that they reacted to their success by way of exquisite choral harmony, thus endorsing the words of Dylan Thomas:

“Thank God, we are a musical nation”?

[Lord Keen of Elie]

I compliment those fans on their musical harmony and passivity.

[Viscount Hailsham (Con)]

My Lords, would it not be desirable for the Russian Government to provide the kind of assistance to the French Government that the United Kingdom Government are providing? Will my noble and learned friend tell the House what steps we are taking to encourage that?

[Lord Keen of Elie]

I am not sure that at this stage the Government would wish to encourage the Russians to place police officers in France for the purposes of the championship.

[Lord Wigley (PC)]

My Lords, is the Minister aware that the behaviour of the 24,000 Welsh fans at Bordeaux on Saturday, of whom I was one, was described by the French police as incident-free and by the French press as a joyous occasion? Will he commend to the English fans the need to replicate this approach to sport in whatever remaining games England have in this competition?

--- Later in debate ---

[Lord Keen of Elie]

I believe that such commendation is not required because the vast majority of English supporters are decent and peaceful. We are dealing here with an exception, where a tiny minority has tarred the others. I do not believe that one should assume that, because this tiny minority has brought this shadow on the game, it reflects the views of the vast majority of English supporters.

[Lord Watts (Lab)]

My Lords, the British police are trying to track down the British hooligans who took part in some of the riots that we saw over the weekend. Do we know what Russia is doing about that? If it does nothing, does that not raise the question of whether we should have the next championship in Russia?

[Lord Keen of Elie]

We are not aware of the steps that the Russians are taking in response to the events in Marseilles. The question of where the World Cup should be held is for FIFA, not for the Government.

[Lord Robathan (Con)]

My Lords, further to the question from my noble friend Lord Hailsham, should not Her Majesty’s Government take a position on what the Russian Minister has said about his fans’ behaviour in France?

[Lord Keen of Elie]

We will take the Russian Government’s response into consideration. Indeed, I understand that the Russian Sports Minister was present in the stadium at Marseilles at the time of the match. It will be the subject of the further ongoing inquiry that has been initiated by UEFA.

[Baroness Billingham (Lab)]

My Lords, I am very apprehensive—in fact, I am almost paranoid—that a sword of Damocles is hanging over the England team. My worry is that somebody or some group of people could trigger an event during, after or before the match. Can the Minister guarantee that the French authorities and our own authorities will have an enormous presence there to make sure that there is no injustice?

[Lord Keen of Elie]

The policing and security arrangements at Lens are a matter for the French authorities, not for this Government. Of course we have stepped forward to assist them when requested to do so, but we cannot guarantee anything in that regard.

[Lord Faulkner of Worcester (Lab)]

My Lords, the Minister is of course right to say that the decision as to whether the 2018 World Cup should be staged in Russia is a matter for FIFA. However, do the Government have a view on the desirability of that, should the suspended disqualification of Russia from this tournament turn into an actual disqualification because there is further trouble in France?

[Lord Keen of Elie]

That involves a series of hypotheses. It appears to me that we should await the outcome of the events, and indeed of the inquiry into the events, in Marseilles.

[Baroness Taylor of Bolton (Lab)]

Will the Minister recognise that what has happened has happened? We are not talking just about hypotheticals here; we have seen real, calculated violence from a group of Russian supporters. It is very serious, and is it not rather complacent of the Government to say that we will wait to see what happens?

[Lord Keen of Elie]

It is not a case of being complacent. The question posed by the noble Lord proceeded upon the basis of the suspension hanging over the Russian team becoming an actuality. It has not become an actuality, and it is only that hypothesis that I referred to.

Female Genital Mutilation

Lord Keen of Elie Excerpts

Thursday 9th June 2016 Lords Chamber

[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.

House adjourned at 7.19 pm.

Migrants

Lord Keen of Elie Excerpts

Thursday 9th June 2016 Lords Chamber

[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?

--- Later in debate ---

[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.

Immigration

Lord Keen of Elie Excerpts

Wednesday 8th June 2016 Lords Chamber

[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 Keen of Elie]

To speak of immigration is not to be xenophobic.

[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.

Police: Armed Officers

Lord Keen of Elie Excerpts

Wednesday 8th June 2016 Lords Chamber

[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]

This has to be put into context.

[Noble Lords]

Oh!

[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.

Migration

Lord Keen of Elie Excerpts

Monday 6th June 2016 Lords Chamber

[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.

--- Later in debate ---

[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 (Lab)]

My Lords—

--- Later in debate ---

[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

Wednesday 25th May 2016 Lords Chamber

[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

Tuesday 24th May 2016 Lords Chamber

[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”.

[Noble Lords]

Oh!

[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

Thursday 12th May 2016 Lords Chamber

[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.

[Noble Lords]

Oh!

[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.