Renewal of G4S Contracts

Lord Kennedy of Southwark Excerpts

Wednesday 9th May 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Baroness for repeating the Answer to the Urgent Question given by her honourable friend the Member for Louth and Horncastle in the other place yesterday.

We were all shocked at the appalling abuse at Brook House uncovered by the “Panorama” programme. As the noble Baroness said, regardless of status, all immigration detainees must be treated with dignity and respect. I agree with that entirely. However, I do not think that a further extension of two years can in any way be presented as a short-term continuation of the G4S contract to run the Gatwick immigration centres. Can the noble Baroness tell the House whether any other options to this extension were considered—and, if not, why not? If they were, what were they, and why was it still felt that this was the best option? Further, can she tell us what measures the Home Office has put in place to ensure that there will be no repeat of the appalling abuse of detainees during this two-year extension? It is clear that whatever measures were in place before failed. The abuse was brought to light only by the “Panorama” programme and those involved should be congratulated on the work they did to expose the abuse at Brook House.

[Baroness Williams of Trafford]

I cannot disagree—in fact, I do not think that anyone would disagree—with the noble Lord that watching the “Panorama” programme was very uncomfortable. It was shocking, and I do not think that anyone would disagree with that. He asked why the contract was extended for two years and whether other options were considered. The two-year extension to May 2020 was to allow for the reprocurement of services. It is not an unusual amount of time when such a reprocurement is being undertaken.

The procurement and the longer-term contract will be for the provision of the operation, management and maintenance of Brook House and Tinsley House and the pre-departure family accommodation at Tinsley House, as I pointed out. It is to allow the Home Office to consider any relevant conclusions from the independent reviews by Stephen Shaw and Kate Lampard. The Home Office has received the Stephen Shaw report, and both are due to be published in the summer. All bidders in the current competition were told of this decision on 4 May.

The noble Lord rightly asked what the Government are doing in the light of the shocking findings by “Panorama”. Since the programme aired, the Home Office has worked closely with G4S to ensure that it responds vigorously and at pace to the issues highlighted by “Panorama”. The former Home Secretary, and Ministers Brandon Lewis and Caroline Nokes, have met G4S senior managers regularly to review progress, and that oversight will be maintained. We have set out very clear expectations for G4S in responding to the issues at Brook House highlighted by “Panorama”, and we are currently satisfied that G4S has responded well. It has appointed a new manager and dismissed nine members of staff; enhanced staffing levels with recruitment and training plans in place; introduced body-worn cameras for staff to provide more transparency and assurance around procedures there; refreshed and promoted its whistleblowing procedures, with additional training provided at the centre by the Jill Dando Institute; put in place an improved drugs strategy; and, as I mentioned, commissioned the independent review by Kate Lampard, which will report this summer. I think I have now answered all the noble Lord’s questions.

Windrush

Lord Kennedy of Southwark Excerpts

Tuesday 1st May 2018 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, with the leave of the House, I will repeat an Answer by my right honourable friend the Home Secretary to an Urgent Question in another place.

“I am honoured to have been asked this morning to become Home Secretary. I start by making a pledge to those of the Windrush generation who have been in this country for decades and yet have struggled to navigate through the immigration system. This never should have been the case and I will do whatever it takes to put it right. Learning about the difficulties that the Windrush migrants have faced over the years has affected me greatly, particularly because I myself am a second-generation migrant.

Like the Caribbean Windrush generation, my parents came to this country from the Commonwealth in the 1960s. They, too, came to help rebuild this country and to offer all they had. So when I heard that people who were long-standing pillars of their community were being impacted simply for not having the right documents to prove their legal status in the UK, I thought, ‘That could be my mum, brother, uncle or even me’. That is why I am so personally committed to and invested in resolving the difficulties faced by the people of the Windrush generation, who have built their lives here and contributed so much.

I know that my predecessor, my right honourable friend the Member for Hastings and Rye, Amber Rudd, felt very strongly about this too. Please allow me to pay tribute to her hard work and integrity and to all that she has done and will continue to do in public service. I wish her all the very best. I will build on the decisive action that she has already taken.

A dedicated task force was set up to handle these cases. More than 500 appointments have been scheduled and more than 100 people have already had their cases processed and now have the necessary documents. We will continue to resolve these cases as a matter of urgency.

We have made clear that a Commonwealth citizen who has remained in the UK since 1973 will be eligible to get the legal status they deserve: British citizenship. That will be free of charge, and I will bring forward the necessary secondary legislation. We have also been clear that a new compensation scheme will be put in place for those whose lives have been disrupted. We intend to consult on the scope of the scheme and will appoint an independent person to oversee it. I hope that I can count on the full support of all honourable Members to make this happen as soon as possible.

I end by making one thing crystal clear: we will do right by the Windrush generation”.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Baroness for repeating the Answer to the Question from my right honourable friend, which the Home Secretary gave yesterday in the other place. I join her in offering my congratulations to her right honourable friend on his appointment.

What action will the new Home Secretary undertake to deliver a fair, just and humane immigration policy and get the country out of this shameful disaster? Is the noble Baroness aware of the call from the director-general of the CBI for our immigration policy to put people before numbers and work to benefit our economy and society? I hope she can commit to that this afternoon. Finally, when will there be more information about the compensation scheme, as this also must be fair and just to compensate properly for the terrible wrongs that have been caused?

[Baroness Williams of Trafford]

I thank the noble Lord for that question. First, he asked what the Home Office will be doing to right the wrongs. The new Home Secretary has made some things very clear. He has made it quite clear that he does not like the term “hostile environment”, which he feels does not reflect the values of this country. The term was not invented recently; it was coined some time ago—under a Labour Home Secretary, I must say, but that is by the by, because Home Secretaries have used the term ever since. He has made it quite clear that, in line with the values that he and most of us share, there should be a compliant rather than a hostile environment.

The noble Lord also asked about putting people before numbers. My right honourable friend also made it quite clear, as did the previous Home Secretary only last week, that we want a humane environment. Some of the mechanisms set up for the Windrush generation will make it as easy as possible for people to get the documentation they need. Where necessary, officials will liaise with other government departments to ease the burden on those people who are here as of right. The noble Lord talked about the compensation scheme—in fact, he asked me about it at the end of last week. The Home Secretary has reiterated his commitment to a compensation scheme. He will be consulting on the scheme and, as I said, an independent person will be in place to oversee it. I hope that answers the noble Lord’s questions.

Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018

Lord Kennedy of Southwark Excerpts

Tuesday 1st May 2018 Lords Chamber

[Lord Paddick (LD)]

My Lords, we welcome these orders. Can the Minister tell us why there is not an extension to the opening hours on the day of the wedding, bearing in mind that most licensed premises are only allowed to sell alcohol from 11 o’clock in the morning? The wedding does not start until 12 o’clock. Does she not feel that it would, perhaps, have been a good idea to allow early opening on the wedding day? Of course, there will be differences of opinion around the House as to whether people should be up drinking until 1 o’clock in the morning the day before a wedding, but bearing in mind that this has become a custom and that it is a similar order to those for the other events outlined by the Minister, we are happy to support these regulations.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the wedding of Prince Harry and Meghan Markle on Saturday 19 May promises to be a wonderful occasion and an opportunity for the whole country to celebrate. We all wish the happy couple a long and wonderful life together. I welcome the announcement that during the celebration period, the licensing hours will be extended. I declare my interest as vice-chair of the All-Party Beer Group and a member of CAMRA. I support responsible drinking and understand the value of a good local pub.

I very much support the order before us, but I did notice that on the impact assessment, reference was made to the 2014 World Cup. I remember the debate in the Moses Room on this; the noble Lord, Lord Gardiner of Kimble, responded. At that time, I thought that the impact assessment was very mean-spirited, because it recommended that the opening hours be extended only for the first round, as there was little prospect of England getting beyond the first stage of the competition. I hope that the Government will be a little more optimistic this time and keep it under review for the contest taking place in June and July this year. I am very happy to agree to the order in front of us today.

[Baroness Williams of Trafford]

I thank the noble Lord, Lord Jones, for starting us off on such a positive note, and for his support for the order. I join him in wishing the royal couple many years of happiness together.

The noble Lord, Lord Paddick, questioned why we could not extend the opening hours. The hours are put in place not only to provide for people enjoying themselves but to be proportionate in breaking up the length of time people can spend drinking. I recall that when my daughter got married, I was quite strict about people drinking before the wedding ceremony, just because of the usual things that might break out after heavy drinking. However, we think this is a proportionate response to the royal wedding.

That was a very amusing anecdote about the 2014 World Cup, and I note the noble Lord’s interest.

Muslims: Population Growth and Sharia Law

Lord Kennedy of Southwark Excerpts

Monday 30th April 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I think your Lordships’ House would agree that points about good Muslims and bad Muslims are not for this House. I was just wondering whether I, in that context, was a good Catholic or a bad Catholic, but I do not think that sort of thing has any place in your Lordships’ House or in society. We do not prescribe English being taught in madrassas, but we absolutely acknowledge that English language skills are fundamental to taking advantage of all the opportunities of living in modern Britain—getting a job, mixing with people and playing a full part in community life. The Government have no plans to hold a national debate on Islam.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, does the noble Baroness agree that this great country of ours has always accepted immigrants of different faiths, traditions and cultures, and that tolerance, respecting of difference and accepting the rule of law as determined by Parliament must always be the way we go forward, along with standing up to Islamophobia, anti-Semitism and any other form of hate that seeks to divide us?

[Baroness Williams of Trafford]

I could not agree more wholeheartedly with the noble Lord. He and I are of Irish descent and first-generation Irish respectively. In fact, when we look around your Lordships’ House and this country, there would not be many of us if we did not have immigration.

Home Office Removal Targets

Lord Kennedy of Southwark Excerpts

Thursday 26th April 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, it is concerning that the Home Secretary had no idea that immigration targets were being used in the Home Office’s “hostile environment” and then discovered that they were being used after all. It is not acceptable to suggest that this was just done locally. Who is setting the targets and how have they been set? Who is collating the information and where has it been reported to? How has it been used to direct policy, and why did the Home Secretary and other Ministers not know about this policy? This is another shocking example of the Home Secretary and her Ministers having created a culture and then lost control. The consequences are serious for innocent people who are lawfully here and who have been caught up in this scandal. For that reason, the Home Secretary should accept responsibility and resign.

[Baroness Williams of Trafford]

My Lords, Ministers have set out their ambition for increasing returns, but have not set the Home Office specific numerical targets. The idea of government setting removal targets goes back a number of decades. For example, in 2003 Tony Blair set a target of halving the number of asylum seekers within a year, while in 2007 Jacqui Smith made a commitment to remove 4,000 FNOs within a year. Senior managers in the Home Office have set targets in the past to drive performance locally, including last year, but have now moved away from doing so for this reporting year.

Windrush Generation

Lord Kennedy of Southwark Excerpts

Tuesday 24th April 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

I thank the noble Baroness, Lady Williams of Trafford, for repeating the Statement made yesterday in the other place by her right honourable friend the Home Secretary. As the noble Baroness said, from the late 1940s to the early 1970s, many people came to this country from around the Commonwealth to make lives here and help rebuild Britain after the war. Before that, many of them fought in the British Armed Forces to defeat both Nazi Germany and Japan—people such as my friend Sam King, who served in the RAF during the Second World War. Sam came back to Britain in 1948 on the “Empire Windrush”, served his local community as a postman, was the first black mayor of the London Borough of Southwark and was awarded the MBE for his services to the community. Sam loved this country very much. He sadly passed away at the age of 90 in 2016. It is people such as Sam King who have been treated in such a shameful way.

Despite the apology from the Government and their admission that a terrible wrong has been done to the Windrush generation, no Minister is taking any responsibility whatever for these gross abuses of the Windrush generation’s rights—their rights denied, their rights taken away and people who are in the UK legally being treated appallingly by the country they call home. So my first question to the Minister is: when is a Minister of the Crown going to accept responsibility for this scandal and resign? The noble Lord, Lord Bates, offered his resignation because he turned up late for Questions earlier this year—quite rightly, it was not accepted by the Prime Minister. This is a monumental scandal and what is offered here does not go far enough. A Minister or Ministers have to accept responsibility.

The Government’s hostile environment for illegal immigrants was badly designed and put together, with no thought given to how to ensure that people who are here legally would be protected and not caught up in that environment. People here legally should not be at risk of losing their jobs, driving licences or homes or be threatened with deportation. Does the Minister accept that some of the people who are here legally will actually be scared to come forward to the Home Office, having heard the terrible reports of abuses and denial of rights? What is she going to do to gain the confidence of these individuals, who need help and support but will be worried about coming forward?

At the bottom of my copy of page 2 of the Statement, the last sentence reads:

“Instead, the caseworker will make a judgment based on all the circumstances of the case and on the balance of probabilities”.


Can the Minister be crystal clear about exactly what she means here? That statement does not appear to be an unequivocal guarantee that people who came here as part of the Windrush generation will not have their rights taken away or be denied justice. They are still at risk of deportation from the country that has been their home for decades. Who is bearing the civil standard of proof? Is it the person or is it the Home Office? At the top of my copy of page 3 of the Statement, it says that, for some of the Windrush generation, the burden of proof,

“to evidence their legal rights was too much on the individual”.

Other than saying that,

“we are working with this group in a much more proactive and personal way”,—[Official Report, Commons, 23/4/18; col. 620.]

which I hope we would expect to be the norm, what has actually changed here? How are other people being treated when they enter the system? This is not shining a very good light on how Ministers run the Home Office.

In paragraph 6 on page 3, it says that a new customer contact centre will be “staffed by experienced caseworkers”. In paragraph 7 on the same page we are told that 50 senior caseworkers will be put in place to help junior members of staff who are unsure about a decision. Surely we should ensure that these matters are dealt with by experienced staff in the first place. Will the Minister comment on that and tell the House how the experienced staff at the contact centre relate to the junior members of staff mentioned in paragraph 7, who are making the decisions, and how the 50 senior caseworkers fit above that? That part of the Statement seems very confused.

I agree that it was never the intention that the Windrush generation should be disadvantaged by measures put in place to tackle illegal immigration; but they were, because of poor implementation and development of policy at the Home Office by Ministers. Because of that, people who deserved better have been treated badly by the state. They have been treated appallingly, and someone in the Government should take responsibility for that.

Compensation is referred to on the last page of the Statement. Other than saying that people will be compensated and a scheme will be set up, run by an independent person, there is absolutely nothing about compensation. Will the Minister give the House some more detail on what this will look like? We do not want to read in the media about people who, having been denied their rights, are being made to jump through hoops to get the compensation they deserve for the abuse they have suffered.

This is a shameful episode and it is about time someone in the Government took responsibility for it.

[Lord Kerslake (CB)]

My Lords—

Immigration: Asylum Claims

Lord Kennedy of Southwark Excerpts

Wednesday 28th March 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the quality of the system was vastly improved after the 2014 report, which I talked about in my first Answer. In addition, the training of people dealing with LGBT asylum claims in detention or seeking their removal has been done in conjunction with both Stonewall and UKLGIG to absolutely ensure humane treatment of LGBT people in asylum.

[Lord Kennedy of Southwark (Lab Co-op)]

Can I ask the noble Baroness about the Home Office guidance issued in 2017? I have seen reports suggesting that gay asylum seekers could be returned to Afghanistan if they pretended they were straight. Surely this cannot be the case. We must work to a much higher standard, and the question of personal safety should be paramount in decisions given by the authorities.

[Baroness Williams of Trafford]

What the noble Lord says seems to be a contradiction in terms, because an LGBT person would presumably be seeking asylum because they feared persecution on return to a country that persecuted LGBT people. I would largely dispute the point, but I will double check because the noble Lord asked the question.

Manchester Arena Attack Review

Lord Kennedy of Southwark Excerpts

Wednesday 28th March 2018 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, with the leave of the House, I will repeat a Statement that was made by my right honourable friend in the other place. The Statement is as follows:

“The horrific events that took place at the Manchester Arena on 22 May last year were an attack on the people of Manchester. All terrorist attacks are cowardly but this was an appalling attack which deliberately targeted innocent people, many of them young. Twenty-two people were killed and many more injured. As a north-west MP, I feel the pain personally.

The Mayor of Greater Manchester commissioned this independent review following the attack, focusing on the response to the attack and the nine days that followed it. The report rightly highlights the acts of bravery and compassion on the night of 22 May and the following days. As Lord Kerslake noted yesterday, the response was overwhelmingly positive. He said the investments in planning and exercise were demonstrated to the full. We are indebted to the emergency services. He said we should reflect. We keep our preparedness for terrorist attacks under constant review to ensure that our plans reflect best practice and the current threat. Lessons learned from exercising and attacks are also crucial. It is right that all those involved acknowledge where the report has identified the need for improvement. The review is extensive and makes many recommendations. We, and all other agencies concerned, will consider them carefully.

At the centre of the review Lord Kerslake put the experiences of bereaved families, the injured and others directly affected, as indeed they should be. We will ensure that across government the recommendations concerning victims are fully considered. We continue to stand with the people of Manchester as they recover and rebuild following the horrendous attack last year, and our thoughts remain with those who were injured and with the families and friends of those who lost their lives”.

[Lord Kennedy of Southwark (Lab Co-op)]

First, we remember all those people who lost their lives in the attack and also those who were injured. I thank the Minister for repeating the Answer to the Urgent Question in the other place earlier today. I thank the noble Lord, Lord Kerslake, for his comprehensive report. I too pay tribute to the emergency service workers who acted with courage and skill on that terrible night.

Can the Minister confirm that the Government will be orchestrating a review into national counterterror protocols following the publication of this report? What are the Government going to do about the fact that the national aid mutual telephony system operated by Vodafone failed to cope with the high number of calls on the night in question?

[Baroness Williams of Trafford]

On the national counterterrorist reaction and response, I think the noble Lord will agree that generally the overall response was excellent. There was an issue with the telephony system. Part of that issue was that there was no backup system. That has been thoroughly reviewed and a backup has been put in place. It was not something we would have wished to have happened on such a terrible night. I hope that that sort of issue will never arise again because of the measures we have put in place.

Regulatory Reform (Fire Safety) (Custodial Premises) Subordinate Provisions Order 2018

Lord Kennedy of Southwark Excerpts

Tuesday 27th March 2018 Grand Committee

[Lord Paddick (LD)]

My Lords, I am grateful to the Minister for introducing the order. I heard from what she said that this anomaly, whereby privately run prisons and custodial premises were not being inspected by national inspectors, was stumbled across when responsibility for Crown inspectors was transferred from the Ministry of Justice to the Home Office. Will she confirm that that is the case, and is it not a little worrying? How long might it have continued if that transfer had not taken place? Clearly, it is very important to have consistency across all privately run prisons and other places of detention, rather than to have the potential for different standards being applied by local fire and rescue services. On that basis, we support the order.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like the noble Lord, Lord Paddick, I am very happy to support the order before the Grand Committee. It is certainly very sensible to have the experts in fire safety and security to be looking after the whole of the estate. I am very happy to support it.

I have one query; it is a little disappointing—I refer to page 5 of the impact assessment at paragraph 1.9. I am surprised that we still have this ridiculous “one in, three out” rule. It does not apply here because the Government have clearly tested it against that ridiculous rule. It is an example of the worst kind of ideological, political dogma. You would have thought, in the aftermath of a tragedy such as Grenfell, we would not be using it, but clearly the Government still are. I hope that any regulation is in force at any time because it is necessary and proper. I cannot believe we still have this arbitrary rule. It is a matter of much regret, which I will probably take up elsewhere. Other than that, I am very happy to support the order, but I was surprised to see this when I read through the papers this morning.

[Baroness Williams of Trafford]

I acknowledge the frustration of the noble Lord, Lord Kennedy, but first the noble Lord, Lord Paddick, said that we “stumbled across” this issue. Fire and rescue services were inspecting private prisons during the said period. Responsibility for Crown inspectors transferred from MHCLG in January 2016, but, going back, when the regulatory reform order was implemented in October 2006 the then Government issued statutory guidance to all those bodies that had a duty to enforce its provisions in the range of premises to which it applies. The guidance, to which all enforcing authorities are required to have regard, specifically addressed the issue of enforcement in the custodial estate. As it made clear:

“For the avoidance of doubt all civilian prisons, young offender institutions, immigration detention, holding or removal centres, court custody suites, customs and excise detention areas are the responsibility of the Fire Inspectors of the Crown Premises Inspections Group regardless of whether they are operated by the relevant Government department or contracted out”.


But as we know, what the law actually says does not always align with the policy intent, no matter how sound the principles are on which it is based. The principles are sound, as they were in 2007 when the guidance was issued, and they remain so. I hope that the statutory instrument before the Committee clarifies the situation and I beg to move.

Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018

Lord Kennedy of Southwark Excerpts

Tuesday 27th March 2018 Grand Committee

[Lord Paddick (LD)]

My Lords, I am grateful to the Minister for introducing this statutory instrument. I recommend that it is used by Radio 4 as one of its puzzles of the day because the complexity of the legislation had me going for a little while.

As I understand it, the Policing and Crime Act 2017 allows chief constables to confer powers of a constable to community support officers and community support volunteers unless the power is specifically excluded by its inclusion in Part 1 of Schedule 3B of the Police Reform Act 2002. I am getting reassuring nods from the Minister’s officials. The Government have woken up to the fact that this would include the power to conduct an intimate search if a police inspector or above—it used to be a superintendent but that was changed in other legislation—considers that an intimate search by a registered medical practitioner or registered nurse is not practicable. This would be, presumably, where there was concern that something was concealed that might cause harm to the individual or to other people, or that important evidence might be concealed which could be lost if the search did not take place straightaway.

I was going to ask the Minister to explain how this power was highlighted as not being suitable for PCSOs or volunteers to undertake but she has already explained that it was the Police Federation which raised this as an issue. However, I wonder how many other powers should be included in Part 1 of Schedule 3B of the Police Reform Act 2002 that we are yet to discover. I was also going to ask how many times the power had been used by PCSOs or volunteers but the Minister said that it had been used three times in the past 15 years.

During the passage of the Bill we made quite clear our concerns about powers that should be reserved for police officers potentially being given to police community support officers and police community support volunteers. However this is an important and welcome addition to Part 1 of Schedule 3B of the Police Reform Act 2002 and therefore we support it.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like the noble Lord, Lord Paddick, I am happy to support the regulations before the Grand Committee. It is obviously sensible that civilians are designated as having certain additional police powers as and when an appropriate police officer believes they are needed. Equally, of course, it is important that certain things are prohibited, and certainly an intimate search should not be in the hands of anyone but a warranted police officer. That is why I fully support this order.

[Baroness Williams of Trafford]

I thank both noble Lords for their contributions. On the question asked by the noble Lord, Lord Paddick, about how many other powers should be included, he is right that the Government should keep these excluded powers under review. They will give careful consideration to any request to add powers but it should be noted that the regulation-making power within Section 38(6)(c) of the 2002 Act can only be used to add powers to the list—that is, to remove further powers from designated staff and volunteers. The noble Lord probably knows that primary legislation would be required to remove any powers from the list and enable them to be designated to staff or volunteers.