Investigatory Powers (Codes of Practice and Miscellaneous Amendments) Order 2018

Lord Kennedy of Southwark Excerpts

Wednesday 18th July 2018 Grand Committee

[Lord Paddick]

I am very grateful to the noble Baroness, but I think it is important that that misinterpretation is not put on it.

As the noble and learned Lord, Lord Judge, said, yes, the Explanatory Memorandum is clearly inadequate, as is the letter from the Minister. It is almost contemptible in failing to address these issues. Clearly, it would be different if the Grand Committee had known in advance about these independent inspections of the use of CHISs, and the particular importance that inspectors pay to juvenile CHISs; but the fact remains that these inspections are post-event. These are not procedures that could prevent a juvenile being put into a dangerous situation beforehand.

The managing of informants, or CHISs, as they are now called, is one of the most sensitive areas of policing, fraught with danger—and that is just for adults. Using juveniles as CHISs is an order of magnitude more dangerous, as other noble Lords have said. Young people, through their immaturity and inexperience, are far more at risk when being employed effectively as spies, as the noble Baroness said, in criminal enterprises. They are far more likely to make mistakes and to blow their cover than mature and experienced adults. Law enforcement and other public agencies have always recognised this, and that is why, in the police service, the extraordinary step—and it is extraordinary—of employing a juvenile CHIS has to be authorised by an assistant chief constable, a commander or a more senior officer.

Until now, the authority has lasted one month. Clearly, the longer the CHIS is undercover, the greater the chance of being exposed and the greater the potential psychological strain and therefore risk of harm the young person might be subjected to. For that to be extended to four months without an officer of such seniority being asked to renew that authority is putting the young person in grave danger, in my personal and professional judgment. These decisions were always taken with the greatest care and consideration, and it was ensured that the case for engaging and renewing was taken by a very senior officer, several levels above the investigating officer, and therefore with objectivity and independence, crucial to ensure the safety of that young person.

The world is a much more dangerous place than it was when I was a police officer, let alone a detective chief inspector. As the noble Lord, Lord Trefgarne, has said, the Explanatory Memorandum talks about child exploitation, terrorism and gang and drug crime involving more and more young people. There is a real danger that juvenile CHISs could become victims of child sexual exploitation, or the discipline meted out to members of gangs by other members of the same gang, including sexual assault, rape and being stabbed in the leg. These levels of violence among juveniles were rare in my time as a police officer but are now far more common.

At a time when the threat to CHISs is increasing and the threat to an immature and inexperienced CHIS is even greater, the Government are seeking to reduce the safeguards for these vulnerable young people. That is unacceptable. I do not want it on my conscience that a juvenile CHIS has been killed or seriously injured as a result of relaxing the necessary safeguards that are in place at this time. I seriously ask the Government to rethink this provision, not least because the consultation on these changes does not appear to have included organisations or specialists in the welfare of children such as those who work with gangs, ex-gang members, or child psychologists.

Given more notice and time and at a different point in the parliamentary timetable, I would have prayed against this provision and divided the House. It is not too late for the Government to withdraw this order, at least until the Minister has satisfied herself that appropriate advice has been taken on the potential risks associated with these changes.

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

My Lords, I thank the Minister for presenting the order to the Grand Committee. I also thank my noble friend Lord Haskel for moving his Motion and, in doing so, highlighting the issues of concern that have been raised by the members of the Secondary Legislation Scrutiny Committee in its 35th report published on 12 July. They have highlighted an issue of very serious concern for all members of the Grand Committee this afternoon.

The Grand Committee and the House are grateful for the work done by the committee, chaired by the noble Lord, Lord Trefgarne, in scrutinising every instrument that is laid before the Parliament. That is a very important job, getting into the nuts and bolts of what these orders are doing. It is able to get at what a particular instrument does and, through its engagement with Ministers and through its reports, bring matters to the attention of the House.

Covert surveillance is an important tool for our law enforcement agencies, the police and security services. It is a tool that can be used to provide evidence, to detect and prevent crime and, of course, to bring the perpetrators of crime to justice. It is a very important tool to keep us all safe. It is necessary, as there may be no other way to gather the intelligence needed. Having said that, we have to have proper codes of practice in place. When intelligence-gathering involves young people under the age of 18—people who are legally children, as we have heard—that is of serious concern to Parliament and to the Grand Committee today. How are their rights protected? Are adequate protections in place to take care of their physical and mental well-being? Is care taken, and what risk assessments are undertaken to ensure that that is the case?

As we have heard, the order before the Grand Committee today proposes to extend the period for which a person under the age of 18 can be used as a covert human intelligence source—what a name—from one month to four months. Terms such as “administrative convenience” from the Home Office do nothing to reassure members of the Committee that the Government have got the balance right here.

What should be of paramount importance is the welfare of the child who is being used as a covert intelligence source. Does the Minister accept that to seek to extend the term from one month to four months, you need to have clear reasons and to better explain what is being done, demonstrating that the welfare of the child is properly taken into account, other than it will be administratively convenient for the department? Further, can she tell the Committee how the Government have satisfied themselves that these proposals satisfy Section 1 of the Children Act 1989 and the UN Convention on the Rights of the Child, which the UK ratified in 1991? Could she also say something about how the safeguarding and protection of these children is delivered while involving them as covert human intelligence sources? I accept the point that the noble Lord, Lord Paddick, made on individual children and the wider community, but how we balance that out is very important.

--- Later in debate ---

[Baroness Williams of Trafford]

Under the current system it is only one month, whereas under the new system it would be up to four months but with a review every single month—and, yes, by the same senior officer.

[Lord Kennedy of Southwark]

Maybe I am being daft but I do not see the difference.

[Baroness Williams of Trafford]

I think I understand it. I apologise to noble Lords. The current system is limited to one month. The new system would be up to four months, but with a review every month.

--- Later in debate ---

[Baroness Williams of Trafford]

I think I have the answer now. Removing the requirement for the activity to be authorised at monthly intervals removes the need for investigators to push for early results to justify re-authorisation—that is what I understand—thereby allowing the juvenile CHIS to be managed in a way that better suits the long-term investigation and reduces the risks to the young person.

[Lord Kennedy of Southwark]

This goes to the point about administrative convenience that was made at the start. It may make it more convenient for the officer concerned, but how does it benefit the child?

[Lord Judge]

If you have to have a review every month, why do you not conduct a renewal? What is the difference between the review and the renewal in those circumstances? That is the heart of it.

Immigration: Hostile Environment

Lord Kennedy of Southwark Excerpts

Thursday 12th July 2018 Lords Chamber

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

My Lords, whatever the name, hostile or compliant, with the introduction of the Immigration Acts of 2014 and 2016 by the Prime Minister, people lawfully here in the United Kingdom have been treated shamefully. How will the suspension work? In three months’ time, do the Government intend to share the data that would have been shared over that three-month period, when the temporary pause comes to an end? What are they doing to ensure that the data are accurate, as the errors in data shared leave the injustice highlighted by the scandal?

[Baroness Williams of Trafford]

The noble Lord will know that it is not simply the 2014 and 2016 Acts that have led to what is now called the compliant environment. He will recall that, back in 1997, right to work checks were introduced. Of course, there have been right to rent checks and addition on addition of compliant environment checks to ensure that people who are in this country to work and live are so lawfully. So it is not just the 2014 and 2016 Acts. Over time, identity assurance has increasingly been a requirement.

As for the paused proactive data-sharing arrangements, we have paused it as he says with other government departments and delivery partners on data for all nationalities over 30 years old, which takes us back to 1988, for a period of three months. My right honourable friend this morning undertook to make an assessment of it from that point. That covers HMRC, the DWP and the DVLA. We have also gone further with access to financial services measures and significantly restricted proactive data sharing with banks and building societies via Cifas for persons subject to deportation action due to criminal activity.

Did the noble Lord ask another question?

[Lord Kennedy of Southwark]

Yes, I did, but—

[Lord Paddick (LD)]

The Home Office Committee is reported as saying that, unless the Home Office is overhauled, the scandal will happen again for another group of people. For example, there is nothing in this Statement about the fact that officials in the Home Office are being put under pressure by being given targets for removals from the UK. How can officials use their discretion and compassion if they have to deport another 10 people by the end of the week?

[Baroness Williams of Trafford]

The noble Lord will have heard the previous Home Secretary talk about previous targets for removal, which there were, and which had stopped for this year—they had been ceased. There were no targets for the deportation of criminals. But the noble Lord got to the nub of the point. The Home Office and the new Home Secretary have said that we need to take a far more humane approach to dealing with people—because these are people and not just numbers. I hope the noble Lord will agree that the way in which the Windrush issue has been dealt with under the leadership of the new Home Secretary has been more than humane. He has put a prime focus on ensuring that anybody inadvertently removed by the compliant environment measures that were in place are proactively sought, and remedial action will be taken to ensure that, through the compensation scheme, any hardship they have suffered will be recompensed in due course. The noble Lord is right in the sense that the culture needs to be changed—the new Home Secretary talked about that as well—to understand and recognise that we are dealing with human beings here.

[Lord Kennedy of Southwark]

If nobody else is coming in, may I ask the Minister to look at the question I asked her a few moments ago and write to me? I was asking about the data. If she could write to me, that would be very much appreciated.

[Baroness Williams of Trafford]

I apologise to the noble Lord that I answered an entirely different question from the one he asked. I hope the House found it helpful anyway. I shall of course write to him on the data.

Visit of President Trump: Policing

Lord Kennedy of Southwark Excerpts

Thursday 12th July 2018 Lords Chamber

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

My Lords, I join the Minister in appreciating the incredible work that our police and other partner agencies do to keep us safe. I fully support the right of people to protest peacefully while President Trump is here in the United Kingdom. It is such a contrast to how President Obama was received a few years ago. I recall the wonderful address he gave to both Houses in Westminster Hall and the time he took to leave the Hall because he was talking to Members of both Houses.

With police budgets under pressure and gun, knife and other violent crime rising, it is important that any requests for additional grant funding are considered in the context of the pressure police budgets are already under and the duty to keep citizens safe. Can the Minister confirm that that will be the case?

[Baroness Williams of Trafford]

I most certainly can. As the noble Lord will know, there are established processes for PCCs to make an application for additional funding if they face unexpected and exceptional expenditure—and I am sure this is such expenditure—which would otherwise create a serious threat to the force’s financial stability and its capacity to deliver normal policing.

[Baroness Williams of Trafford]

I totally sympathise with the noble Lord’s point. Police officers who work in the line of duty to protect the public should absolutely be given decent accommodation. I shall quote the NPCC’s spokesman:

“Some of the accommodation pictured today for officers supporting the major operation for the US Presidential visit is not acceptable and below the standard of other accommodation for this operation”.


I understand that Essex Police is working at speed to resolve this and to ensure that the affected officers will be decently accommodated. The spokesman also thanked the officers who raised this issue because what the noble Lord outlined is utterly unacceptable.

[Lord Kennedy of Southwark]

The Minister set out the context of how PCCs can apply for additional funding for the costs associated with policing the President’s visit to the UK. Does she think that the conditions highlighted by the noble Lord, Lord Paddick, are a prime example of where funding should be brought in quickly and urgently to deal with those issues?

[Baroness Williams of Trafford]

It certainly could be an example of where costs were not expected but were incurred. Therefore PCCs would be eligible to apply for extra funding.

Amesbury Incident

Lord Kennedy of Southwark Excerpts

Thursday 5th July 2018 Lords Chamber

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

My Lords, I thank the noble Baroness for repeating the Statement given by her right honourable friend the Home Secretary in the other place earlier today.

The first duty of government is to keep citizens safe. The Government have our full support for the important work they are doing in that respect. The two individuals who have been poisoned have been named as Charlie Rowley and Dawn Sturgess. They will be getting the best possible care at Salisbury District Hospital. I join the noble Baroness in wishing them a speedy and complete recovery. I also join her in recording my thanks to all the emergency services workers who attended the scene, the staff at the hospital, the security services and the staff of Porton Down laboratory.

The nerve agent, which has been confirmed as Novichok, is the same as that used to contaminate Yulia and Sergei Skripal four months ago. Local residents will be concerned that this is the second poisoning in four months and that Amesbury is approximately eight miles from Salisbury.

I note from the Statement that the working assumption is that the couple have come into contact with the nerve agent in a different location from the sites that were part of the clean-up operation a few months ago. I am not going to speculate about what could or could not have happened: that helps no one, particularly those trying to get to the bottom of all this and the local residents. The public will, however, want reassurance, and timely information—based on the facts as they emerge—will be welcome and reassuring.

Can the Minister therefore confirm that every assistance is being given to the emergency services working on the ground and that funding will never be an issue? Will she also say something about support for Salisbury and Amesbury? The attack hit the business and retail sector very hard and it is important that it is helped. It is probably a matter for another department, but support for the retail sector, which needs people to visit the centre of Salisbury and now Amesbury, is nevertheless an important part of the response, in collaboration with the local authority led by her noble friend Lady Scott of Bybrook.

I agree with the Minister that we have no quarrel with the Russian people. The welcome that England supporters have received in Russia has been most heartening to watch on television. We do, however, need an explanation from the authorities for what has happened here. It is regrettable that we have not had it to date, as is the disinformation referred to by the noble Baroness in her Statement.

I again thank the Minister for repeating the Statement and assure her of the full support of the Opposition Benches, which we also offer to all the emergency services workers and the staff at the hospital, along with our security services and the staff at Porton Down. I look forward to further updates from the noble Baroness in due course.

[Lord Paddick (LD)]

My Lords, I too thank the Minister for repeating the Statement made earlier in the other place. This is clearly a shocking and unexpected development, and our best wishes go to the couple and those who responded—and continue to respond—to this incident.

I understand that the incident is ongoing and we should not make assumptions, but does the Minister agree that there appears to be a lack of motivation, which might suggest that this is not a deliberate poisoning? In the last 10 minutes or so, the police have said that the couple have been contaminated by handling a contaminated item. Somebody from the Chief Medical Officer’s staff told the “Today” programme this morning that in high concentrations the nerve agent can be absorbed through the skin but in lower concentrations it has to be ingested. Is there any indication that the victims may have injected the substance? It would clearly be reassuring to members of the public if that was the case.

On the one hand, a chemical weapons expert is quoted by the BBC as believing that the latest victims could have come across the Novichok that poisoned the Skripals after it had been haphazardly disposed of. On the other hand, a Russian scientist who first exposed the Novichok programme cast doubts on that theory, saying that Novichok would have decomposed in the four months since the attack on the Skripals. The Minister talked about the expulsion of Russian diplomats across the globe as a consequence of what happened before, but what if the Russian scientist is right that this is a fresh batch of the nerve agent? What would the international implications of that be? The Russian scientist told the BBC that this must have been a separate incident because Novichok was unstable, especially in damp conditions. Can the Minister add to this?

I know that it is difficult, as I am about to tell the House in the debate that follows this Statement, to provide clear information in the early days following such an incident. That is difficult to do but the public need to be told whether this is a new attack, which could throw doubt on the whole matter, or whether it is an accidental poisoning caused by leftovers from the Skripal attack. Residents are very concerned. What can the Minister say to reassure them? When we had the previous nerve agent attack, we learned more from the media than we learned from the Minister’s Statement in the House. Can she provide the House with some additional information that will help your Lordships to understand what has happened and reassure the residents in the area affected?

Saddleworth and Tameside Moors

Lord Kennedy of Southwark Excerpts

Tuesday 3rd July 2018 Lords Chamber

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

My Lords, I thank the noble Baroness for repeating the Answer to the Question in the other place yesterday. I join her in expressing my thanks to the firefighters, the Army, the local authorities and others for their tireless work in this extreme and hostile environment. Will she join me in condemning anyone involved in setting fires in the area as dangerous, irresponsible idiots, and confirm that the Government will give any assistance required to bring the perpetrators to justice?

[Baroness Williams of Trafford]

I most certainly will, using exactly the same words as the noble Lord, although I shall not utter them. I understand that one arrest has been made, but he is right: it is an act of the most terrible folly to endanger both the countryside and, potentially, the lives of people and animals.

Immigration: Hostile Environment

Lord Kennedy of Southwark Excerpts

Thursday 14th June 2018 Lords Chamber

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

My Lords, first I congratulate, as others have done, my noble friend Lord Bassam of Brighton on securing this debate today. This is a very topical debate focusing on the hostile environment policy towards illegal immigration impacting on those with residency and employment rights. The scandalous treatment of Windrush generation citizens from the Caribbean and other parts of the Commonwealth shames our country, has done huge reputational damage and has hurt people who have every right to be in the United Kingdom.

Illegal immigration should not be tolerated but the measures here have been applied too bluntly, and people with the legal right to be here and to work and access services are getting caught up in what can be described only as a nightmare for them. Most of what we refer to as the hostile environment was brought in through the Immigration Act 2014, which limits access to work, housing, healthcare and bank accounts, revokes driving licences and restricts rights of appeal against Home Office decisions, and which was tightened and expanded under the Immigration Act 2016.

The present Home Secretary has dropped the term “hostile” and replaced it with “compliant”. That is fine, but we need more action on the part of the Government other than to change a few words, which the noble Baroness, Lady Hamwee, referred to in her remarks a moment ago. Can the Minister give us the Government’s view of the success of these measures, and say what further reviews have taken place as a consequence of the Windrush scandal to make sure that these policies are not impacting on people who are lawfully in the United Kingdom? Can she also say something about the recent statistics on immigration detentions and returns and tell us the Government’s estimate of the number of people who are in the United Kingdom illegally?

My noble friend Lord Bassam of Brighton helpfully tabled a Written Question about the number of individuals and families adversely affected by this policy. In addition, the Home Affairs Select Committee was told in January of this year by David Bolt, the Independent Chief Inspector of Borders and Immigration, that,

“the Home Office does not have in place measurements … to evaluate the effectiveness”,

of the hostile environment. That is very worrying. If we have no measures to look at what is happening, I think noble Lords can see how quickly a policy can start to have adverse effects, with people caught up in the system and no mechanism in place to deal with the injustices that causes.

As my noble friend Lord Bassam of Brighton said, it was shocking to read that up to 10% of the people in the 169 cases passed to banks that were inspected by the Independent Chief Inspector of Borders and Immigration had been incorrectly included on the list of disqualified persons. What has the Home Office done to improve these figures, because the consequences for people who are wrongly identified as illegal immigrants and are therefore unable to have a bank account are devastating? Can she say something about the discrimination that people lawfully here have experienced as a result of her Government’s policies?

The Government have placed increasing burdens on banks, employers and landlords with sanctions, some of them criminal, if things go wrong. So what do people do? They play safe. The Residential Landlords Association pointed out that 42% of its respondents stated that they were less likely to rent to people who did not have a British passport because they feared the criminal sanction if they made a mistake. These are, of course, the same issues, points and risks brought to the attention of Ministers in this House during the passage of the 2014 and 2016 Acts, which the Government have not given due weight to and of which they have not taken due account.

These matters are deeply distressing and worrying for people lawfully here who are caught up in this nightmare. They are also hugely damaging to our reputation as a nation and bring the whole system into question and disrepute. There have been mistakes in the data passed to banks and the DVLA and people have been wrongly identified as illegal, with no right to services. What changes to procedures have been made to eliminate these errors?

In March this year the Independent Chief Inspector of Borders and Immigration considered right to rent. Similar problems were uncovered, with poor communication internally in the Home Office and externally to landlords. There was little or no evidence that the policy had proved effective in its aims and it had devastating consequences for people wrongly caught up in this hostile environment, who suffered racial and other discrimination, exploitation and homelessness.

The most tragic thing about this policy is that people who have the right to rent, but who have a foreign passport, limited leave to remain or the correct documents but in a foreign language are the people most likely to be discriminated against. As I pointed out last week, the Government have decided to reject the independent commissioner’s recommendation and not to establish a new right-to-rent committee, but instead to reconvene the landlords’ consultative panel that has lain dormant for months. Can the Minister confirm that the panel is chaired by the Immigration Minister and that the Independent Anti-Slavery Commissioner and the Joint Council for the Welfare of Immigrants are not represented?

Only last month, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, while praising some aspects of government policy, found that other policies were affecting ethnic-minority individuals with regular status,

“many who are British citizens and who have been entitled to this citizenship as far back as the colonial era”.

The noble Lord, Lord Jones of Cheltenham, highlighted the fees that immigrants have to pay, and the spiralling fees for children were discussed earlier this week. The levels quoted in the House have gone beyond what is sustainable. We need to look at them carefully and reduce them. My noble friend Lord Judd described a case involving documents lost by the Home Office. That can cause individuals immense distress and be devastating for them. They find themselves in an appalling situation.

It is, of course, the Windrush scandal which has brought this to the attention of the public. It cost the previous Home Secretary—Amber Rudd MP—her job, though you could argue that others were more culpable in the scandal. The Government have acted in the face of the terrible cases that have come to light, the shameful decisions that were taken, and the people who have lost their homes and jobs and been deported from the country they have called their home. My noble friend Lord Morris of Handsworth gave shocking examples of how people were treated, with their documents not being accepted. It truly shames our country. My noble friend is a fine example of the contribution the Windrush generation have made to their country. He rose through the ranks of the T&G to become the general secretary, he served as a director of the Bank of England and has been a director the England and Wales Cricket Board. Those are just some things he has done in his wonderful life.

Swift action is welcome, but we should never have been in this place. It is a tragedy that so many people were affected by the Government’s actions—people legally here in this country, with every right to be here—and treated in a most shocking and disgraceful way.

The noble Lord, Lord Taverne, highlighted an appalling case that urgently needs to be reviewed. I think he said there were another 1,000 cases in a similar position, and again I hope they will be looked at urgently. My noble friend Lady McIntosh of Hudnall made powerful points about how these injustices affected not “other people” but people who are our friends and families. I agree with her that language in official communications should always be used properly and humanely.

The noble Baroness, Lady Flather, highlighted the service in the Armed Forces by people from the “Empire Windrush”. I have mentioned before Sam King; I was privileged to call him my friend. He fought in the RAF as a gunner. He then came back on the “Empire Windrush” and worked as a postman for 34 years. He became a Labour councillor in Southwark, the first black mayor of Southwark and a holder of the MBE. He was a great citizen and we were privileged to have him in our country.

I hope the Minister will take the opportunity today to apologise for the shameful actions of Theresa May’s Government.

--- Later in debate ---

[Baroness Williams of Trafford]

I was about to go on to say that the Home Office is performing a check to ensure that no one is having study restrictions placed on them inappropriately. I hope that she is satisfied by that.

The noble Lords, Lord Bassam and Lord Kennedy, and the noble Baroness, Lady Hamwee, referred to the Independent Chief Inspector of Borders and Immigration’s report on the right to rent. We welcome that report. It made four recommendations, and noble Lords referred to recommendation 3 on the consultative panel. It will be reconvened and we will ask the noble Lord, Lord Best, to continue to co-chair it. Somewhere in my pile of documents, I have the make-up of the panel. It will be co-chaired by the Immigration Minister and the noble Lord, Lord Best, as I said. It will be made up of Crisis, Shelter, the Equality and Human Rights Commission, bodies representing landlords, agents and local authorities—those people with housing expertise.

[Lord Kennedy of Southwark]

I thank the noble Baroness for giving way; it is very kind. We have raised this point before, but why are the Government not going with the right to rent committee? Instead, they have come back with the previous committee and are not going to include the Joint Council for the Welfare of Immigrants or the anti-slavery commissioner. They would be important to include for their expertise.

[Baroness Williams of Trafford]

Given that the noble Lord worked through the housing Bill with me, I hope that he would agree that the noble Lord, Lord Best, is a very experienced member of your Lordships house in the area of housing. Having the Immigration Minister co-chairing, as he asked, will lend great credence to the panel. I am sure he would agree that the bodies I mentioned are the type that we would want represented on the panel to ensure its housing expertise. I pay tribute to the groups that he mentioned, but they are not necessarily in and of themselves housing experts, although they have expertise in the area of immigration and slavery.

I must now turn to the Windrush generation, because I want to spend some time on that. I again pay tribute to the noble Lord, Lord Morris of Handsworth, and all those from the Windrush generation who came here quite legally to help to rebuild this country after the war. The Government, the Home Secretary and the Prime Minister have all said that the Government deeply regret what has happened and have made it a key priority to resolve the problems that have arisen and to ensure that it does not happen again. I also join the noble Lord, Lord Kennedy, in paying tribute to his friend and all that he achieved in his life.

The Home Secretary has commissioned an independent lessons learned review, which will look at how members of the Windrush generation came to be entangled in measures designed for illegal immigrants, why it was not spotted sooner—this has been going on for decades; it is not a new thing—and why the right corrective measures will now be put in place. The review will take into account the experiences of those involved and wider reflections on Home Office culture as a whole. We have established the Windrush Scheme task force, which is working with members of the Windrush generation to resolve their status and ensure that they obtain the documents they need to evidence it.

My right honourable friend the Home Secretary also issued a call for evidence to inform consultation on a compensation scheme for members of the Windrush generation who have been wrongfully impacted by immigration measures. That call for evidence closed last Friday and we are currently analysing the responses. Simultaneously, we have strengthened the checking services provided to employers, landlords and public service providers to ensure that we are not denying work, housing, benefits or services to those who are here lawfully. We will be providing regular updates to the Home Affairs Committee on the progress of that work. Our focus now is on putting right what was so wrong in the past.

The noble Lord, Lord Bassam, asked me for an update on Windrush figures. As of 10 June, the task force has received 20,145 calls. It has referred 5,750 for call-backs and completed 5,740 call-backs and issued 1,651 documents.

We owe it to the public to ensure that we maintain effective controls on immigration and have measures in place to protect taxpayer-funded services. The compliant environment forms an important part of those measures.

The noble Lords, Lord Bassam and Lord Taverne, asked about tier 2 visas and for an update on NHS workers and doctors. As they will know, because it has been widely reported in the media this morning, the Home Secretary is currently reviewing that and he will make an announcement on it very shortly. I will be able to say more after the announcement, so I hope that the noble Lords will bear with me.

The noble Lord, Lord Taverne, talked about a specific case. He will understand that I will not discuss it on the Floor of the House, but I will write to him about it. He also talked about HMRC and people being refused resettlement on the basis of their tax returns. This is not about people making minor tax errors. We are now able to check what applicants told us in the past about their self-employment and compare it to what they have told HMRC for the same period. There is a clear pattern of abuse where, more often than not, the self-employed earnings used to claim points in the tier 1 application have been £10,000 higher than the self-employed earnings reported to HMRC. Where employment circumstances do not add up and applicants claim to have been working in a full-time low-paid manual job while simultaneously earning very high amounts from self-employed work for which the evidence is weak, we must consider paragraph 322(5), to which the noble Lord referred, and refuse the application where the evidence shows that the individual has not played by the rules and their character and conduct is such that they should not be granted settlement in the UK.

Before the noble Lord intervenes on me, I will make just one more point, because he then may not need to intervene. I will write to him on the case he raised separately and in no way am I saying that what I am outlining is anything to do with that case.

--- Later in debate ---

[Baroness Williams of Trafford]

I shall write to the noble Baroness on that, as I know it is completely different.

On the point about limbo, asked by the noble Lord, Lord Jones—and before the clock gets to “21”—when an application is made during the period of extant leave, leave is extended by statute until the application is determined. Where the right to rent or work checks are required, the Home Office can confirm entitlement to an employer or a landlord.

I have run out of time. I am terribly sorry.

[Lord Kennedy of Southwark]

My Lords, I can give the Minister some clarification. The debate started at 11.39 am, and as it is a three-hour debate, there are 20 more minutes left.

[Baroness Williams of Trafford]

I noted from the guidance that I had 20 minutes to speak; in fact Ministers rarely get more than 20 minutes to wind up, but I will continue if the House does not object.

The noble Lord, Lord Jones, also asked about visa performance. Obviously he knows I cannot comment on an individual case, but the majority of UKVI decisions are made within the established service standards. In complicated cases it can take longer, and if so, we write to advise when a decision is likely. The noble Lord will no doubt tell me that he knows of cases where we have not written in a timely fashion. We have introduced a range of measures since 2010 to improve the quality of decision-making in UKVI, including training and mentoring programmes for new caseworkers, as well as wide quality-assurance processes. He also raised the issue of the health surcharge. Applications for indefinite leave to remain are not required to pay the health surcharge.

The noble Baroness, Lady Flather, made the point that Home Office staff should have training in race relations. There is mandatory training for Home Office staff on race relations and discrimination—and unconscious bias, for that matter. It is mandated by the Cabinet Office for all civil servants and is a core element of the Civil Service code. The noble Baroness also made a point about stopping illegal migrants coming to the UK. They are not just people coming to the UK without permission, but those who remain unlawfully when their leave expires. It is worth mentioning that people here illegally are some of the most vulnerable people in the country. They are not protected as UK taxpayers but are vulnerable to people traffickers, and endure some of the less savoury elements of exploitation.

The noble Baroness, Lady Hamwee, talked about victims of crime. There is no obligation for the police to report victims of crime to immigration authorities but they have the power to do so, and we are working closely with the police to ensure that victims of trafficking are supported. Finally, the noble Lord, Lord Kennedy, asked about statistics on illegal migrants. He will know that by their very nature, it is very difficult to produce statistics on illegal migrants.

I thank all noble lords who have taken part in the debate.

Vulnerable Persons Resettlement Scheme

Lord Kennedy of Southwark Excerpts

Thursday 7th June 2018 Lords Chamber

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

My Lords, I congratulate the noble Lord, Lord Scriven, on securing this debate on the report by the Chief Inspector of Borders and Immigration, An Inspection of the Vulnerable Persons Resettlement Scheme. As noble Lords will be aware, the report was published last month and, rightly, gives the Government and their partners credit for the success of the scheme, acknowledging that it is largely achieving what it set out to do. That is not to say that there cannot be improvement, and I think that the chief inspector’s report expresses disappointment that the Home Office has not done more to share best practice and look to a greater consistency of treatment and outcomes.

As noble Lords will be aware, the scheme was started in 2014 as an initiative of the then Home Secretary, now the Prime Minister, Theresa May, to provide emergency sanctuary in the UK for particularly vulnerable Syrians displaced by the ongoing conflict in that country. The programme has a number of priorities: those people who have survived torture or violence, women and children at risk and those requiring urgent medical attention. There are other conditions to the scheme: it is open only to Syrian nationals who left the country at the start of the civil war and who are resident in particular host countries. If I am right, they are Turkey, Iraq, Lebanon, Jordan and Egypt. The scheme has been amended several times since then. When David Cameron was Prime Minister, the scheme expanded to include up to 20,000 of the most vulnerable refugees to be moved here by May 2020.

This has been generally welcomed, although we can debate what more could and should be done to provide assistance in one of the most devastating civil wars in recent memory. The noble Lord, Lord Scriven, made the important point that we are dealing with human beings, and it cannot be left to a bureaucratic approach to deal with these matters; I entirely agree with him.

We have seen those who arrive here being granted refugee status and five years’ limited leave to remain for those arriving after 1 July 2017. Those who arrived prior to that can now apply for that status. There have been previous reviews of the scheme before the one we are debating today. In the report from the chief inspector, there were seven specific recommendations, and I want to go through each one, comment on them and pose a few questions to the Minister.

The first recommendation looked at staffing and was only partially accepted by the Government. The recommendation suggested that, in addition to ensuring that the roles are clearly defined and set at the right grade, staff training and flexibility were important considerations. Could the Minister explain about the changes to IT systems that could hold matters up? What progress is necessarily reliant on securing the necessary IT changes?

The second recommendation looked at the issue of data and, again, was only partially accepted by the Home Office. Why should we have confidence that appropriate management information is already being used appropriately and securely shared with relevant bodies? The noble Lord, Lord Scriven, posed a number of questions to the noble Baroness on this issue. How can we ensure that good decision-making is taking place if certain data are not being collected at all in the first place?

The Government are right in allowing the UNHCR to identify and refer the most vulnerable victims. Can the noble Baroness tell us something about these new digital tools that are being developed? When are these tools expected to come online, and can we have an assurance that a vigorous testing regime will take place to ensure that bugs and other problems do not make matters worse, even if only for a short time?

The third recommendation concerned best practice and guidance and, again, was only partially accepted by the Government. I agree with quite a lot of what the Government say in response to this recommendation, but could the Minister explain, as the noble Baroness, Lady Hamwee, also asked, what is being issued as advice concerning pregnant women? It seems that the advice has an assumption that they should not travel. I thought that there was a time when, medically, women would be advised not to fly, at around 36 weeks into the pregnancy. Why would we be suggesting anything different to that standard medical advice? Perhaps the Minister can explain

The fourth recommendation concerned more effective use of the pre-departure period, which seems to contain very sensible proposals. I think what can be done in this period depends on how long it is and managing expectations, for getting the matching process right first and then, if time allows, looking at language skills. If that is not possible, that has to be done when refugees arrive here in the UK, but a clear plan is a good thing to establish in the first place. There is some excellent work taking place in the UK to help refugees when they arrive with the language skills they need to navigate our systems, to be able to shop and provide for their family.

Morley College down the road, by St George’s Cathedral, covers the communities in the boroughs of Lambeth and Southwark. It has a scheme whereby many refugees come in to learn language skills. It really is a fantastic scheme. If any noble Lord wanted to visit, it is well worth going. I took the noble Lord, Lord Hill, down there when he was Leader of the House to see the work being done by the college. It is definitely well worth a visit.

The fifth recommendation concerns contact with local authorities and, again, is only partially accepted by the Home Office. There is always room for improvement here; when you are dealing with large organisations, delays occur. Unfortunately, that is a fact of life. When I read this, I felt that the Home Office was being unduly defensive in this regard, as it is in respect of the sixth recommendation. I accept fully these are complex matters, which require a number of agencies to deliver different parts of the programme to get a refugee family here to the UK safely and properly settled, which needs proper forward planning and procedures and the reviewing of such matters to ensure that all agencies are delivering what is required. That is a good thing and not something to be defensive about.

The final recommendation is important. While I accept that the Home Office has good connections across government, that does not stop it or any other government department acting in silos. We have had many debates in this House where we have seen departments acting in silos and not talking to each other, and one thing being agreed in one department which is a major problem in another. I am talking about the DWP and housing, for example, in terms of universal credit. So I think it has good connections, but things could be done better.

In conclusion, the report says the Home Office is generally doing a good job and should be congratulated. Things can always be improved, and where they can they should be but, clearly—the right reverend Prelate the Bishop of Carlisle made this point—lots of good work is taking place in the department and with partners in local government and the charity sector to help deal with the terrible tragedy in Syria and to help UNHCR deliver its role. That should not be lost, but there is certainly more that we could possibly do. If we can do things better then I hope the Government would want to strive to achieve that. Generally, as I have said, the Government should be congratulated on that work, and the report validates what they have done.

--- Later in debate ---

[Baroness Williams of Trafford]

I take the point. I am sure that we will get better at collation of data and disaggregation of data in the future. Of course, UNHCR then refers the cases for resettlement to the UK, so it makes a judgment—but I am sure that some sort of statistical assessment by ourselves would be useful.

The resettlement process relies on UNHCR to undertake identity and nationality checks when registering cases as refugees. The report acknowledges that UNHCR’s screening processes are very effective in this regard. The dossier approach provides UNHCR with flexibility and allows people to be resettled more quickly. The department will continue to monitor and assess UNHCR processes through assurance work, including whether to trial additional interviewing, as part of the commitment to keep processes under review and our approach to security dynamic.

To answer the question of the noble Lord, Lord Roberts, any wholesale change to the ways of working would need to be weighed up against the costs and benefits. This will be taken into account in future resettlement planning. The department will review internal processes in terms of the documentation required to facilitate the issuing of UK visas in resettlement cases.

In reaching its determination that an individual has met the criteria required of the 1951 Refugee Convention, UNHCR has conducted its own assessment of credibility, which we rely upon. UNHCR is well versed in this area. Its resettlement handbook, its refugee status determination guide and its own internal standard operating procedures provide clear guidance to its caseworkers on credibility assessment. In addition, it has produced guidance on credibility assessments for EU asylum systems.

UNHCR’s position on DNA testing is that it should be done only:

“where serious doubts remain after all other types of proof have been examined”.

The Government take regard of UNHCR’s view on this and will commission DNA testing where it is considered appropriate.

The inspector’s report recommended that the Home Office should, through monitoring, analysis and evaluation, and calling on the expertise of others as appropriate, determine what constitutes best practice at each stage of the resettlement process, as well as producing, and updating as necessary, the scheme’s guidance documents, ensuring that they are comprehensive and coherent and that they drive towards consistent best practice. It set out a list of issues that this should cover and this recommendation was partially accepted by the Home Office. In some instances, this is because clear guidance already exists and the Government have a clear and established rationale for the process as it stands.

The Home Office already has a monitoring and evaluation process for the VPRS, which is well under way. This includes a monitoring framework containing seven high-level integration outcome areas, with a detailed set of indicators beneath each area. Early integration outcome data on a considerable number of refugees resettled under the VPRS has already been captured and a detailed analysis undertaken.

That early integration outcome data has already been shared with strategic migration partnerships, which were encouraged to pass it on to local authorities to promote continued engagement with the underlying data collection exercise—in which local authorities are playing a really valuable role—and encourage a focus on how services are being delivered and whether they might be adapted to further support refugees’ integration. Service delivery is also a key focus of the comprehensive qualitative evaluation being conducted by Ipsos MORI, and the department is very keen to share the output of its work with partners once available.

The Government do not accept that there are no processes in place for dealing with referrals of families of six or more and those which are too complex or difficult to deal with on paper. The department does accept, however, that these processes could be clearer and more comprehensive, and it will make sure that this is immediately addressed in the standard operating procedures.

In the report, the chief inspector suggests that the Home Office should consider the treatment of pregnant women, including how their resettlement might be expedited to avoid “fit to fly” concerns—a point raised by the noble Baroness, Lady Hamwee. Where practicable, existing processes seek to ensure that resettlement takes place while those who are pregnant are fit to fly and able to travel, but a number of factors will impact on the feasibility of this—for example, an individual’s willingness to undergo a TB screening X-ray. Having been pregnant, I can understand that people might be wary of that. However, the department will strengthen internal guidance and staff training on how to deal with cases that involve pregnant women to further emphasise that there should not be an automatic assumption that they should not travel. The Government do not accept that cases involving pregnant women should be expedited or prioritised before other vulnerable cases simply on the basis of pregnancy. Cases that involve a pregnancy will be prioritised only where the UNHCR categorises them as urgent or as an emergency.

[Lord Kennedy of Southwark]

The report suggests that people should not move and I do not understand why that is the case. I understand why resettlement in these cases might be expedited but why should such people not travel?

[Baroness Williams of Trafford]

The point I am making is the opposite of that. Where people are fit to fly, they should be able to fly. Pregnancy in and of itself does not make someone vulnerable, and a case involving pregnancy will be prioritised only where the UNHCR categorises it as urgent or as an emergency. In other words, if a woman is in an unwell state, as opposed to just pregnant—

[Lord Kennedy of Southwark]

I get that and that is very helpful. Maybe I am wrong but the report suggests the reverse—that there is an automatic decision that people should not travel—and that seems perverse.

[Baroness Williams of Trafford]

I will just repeat what I said—it is written down. Where practicable, existing processes seek to ensure that resettlement takes place while those who are pregnant are fit and able to travel. However, if someone refuses a TB screening X-ray, that obviously creates a problem in the process.

I have only one more minute. I will scoot through a few points that noble Lords have made. The noble Lord, Lord Scriven, talked about a more local approach. We are very grateful for the ongoing support of local authorities. They have enabled resettlement to take place and provided a vital role. However, before committing to offer resettlement, we have to think about whether they are able to put in place the infrastructure and support to vulnerable people—I think that noble Lords would accept that. They are obviously provided with the funding to enable them to provide vulnerable refugees with a safe environment and the chance to rebuild their lives.

The noble Lord, Lord Ramsbotham, asked about enforced removals and case work. All aspects of our detention and removal processes are subject to external scrutiny from HMIP and independent monitoring boards, and the Home Office is leading a review of our practices, including the use of de-escalation techniques and assessments of individual risk. As part of this review we will engage external partners, including Her Majesty’s Inspectorate of Prisons.

I have run out of time. There are some specific questions that noble Lords have asked, including the noble Lords, Lord Ramsbotham and Lord Roberts, and the noble Baroness, Lady Hamwee. I shall put my answers in writing to them. I thank noble Lords once again for taking part in the debate.

Immigration: “Right to Rent” Scheme

Lord Kennedy of Southwark Excerpts

Wednesday 6th June 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government do not expect landlords to be immigration experts. They are asked to carry out checks based on checks that were previously carried out in the sector. Landlords and agents are reminded in a code of practice of the need to conduct checks against all prospective tenants in a consistent manner. I understand my noble friend’s concerns but I say to him that the list of acceptable documents is broad and it is clear that the checks are not based solely on the examination of passports or immigration documents.

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

My Lords, recommendation 3 of the independent inspector’s report called on the Government to establish,

“a new ‘Right to Rent Consultative Panel’”,

with a remit to tackle the very issues the noble Earl raised in his question. Why have the Government not agreed to that?

[Baroness Williams of Trafford]

My Lords, we have agreed to that and we are planning to reconvene the landlords consultative panel this year, in response to the noble Earl’s question.

Home Office: Data Breaches

Lord Kennedy of Southwark Excerpts

Tuesday 5th June 2018 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what action they are taking to ensure that documents sent to the Home Office are not lost; and what plans the department has to refer itself to the Information Commissioner’s Office when data breaches occur.

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

My Lords, following the implementation of the General Data Protection Regulation on 25 May, the Home Office has appointed a data protection officer who is reviewing the data breach reporting arrangements across the Home Office. This autumn, the Home Office will begin the rollout of a more complete service that will see customers enter and leave a commercial partner facility in possession of their documents, having had them scanned.

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

My Lords, repeat examples of personal documents being lost by the Home Office are unacceptable and distressing and potentially devastating for the individuals who have had their papers lost. I am pleased to hear of the action being taken by the noble Baroness, but this is not a new problem. It was raised as far back as 2012 in the other place by my right honourable friend the Member for Cardiff South and Penarth. So can the Minister give us further assurances about what is happening about personal papers and things? We cannot have a situation where papers are lost and people are potentially put in devastating situations. I did not quite catch what the Minister said. Can she confirm that in future, if there are any data breaches, the Home Office will refer itself to the ICO?

[Baroness Williams of Trafford]

I thank the noble Lord for asking that question about clarity. He is absolutely right to be concerned about lost documents. It can be devastating for people, particularly for immigration or visa purposes. Following a spike last November, UKVI formed a lost documents working group to identify methods of preventing lost documents. From October 2018, the majority of customers will complete their visa application, for example, at front-end service points in the UK managed by our new commercial partner on behalf of UKVI. The noble Lord asked about breaches. They are normally reported to Home Office security and to the data protection officer.

Police: Firearms

Lord Kennedy of Southwark Excerpts

Monday 4th June 2018 Lords Chamber

[Baroness Williams of Trafford]

I am certainly happy to give the noble Baroness a longer answer in writing. I will just run through some of the things we have done in recent years. The timeliness of investigations has gone down from 205 working days in the year to April 2017 to 186 working days in the year to April 2018. The IOPC has increased the number of investigations nearly sixfold since 2013-14. In addition, we have doubled the IOPC budget.

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

My Lords, the noble Lord, Lord Hogan-Howe, has raised a very important issue but can the noble Baroness tell us when she expects the review to conclude? As he said, it has been going now for nearly two and a half years.

[Baroness Williams of Trafford]

We expect that Michael Lockwood will complete his review soon. He is quite new in post and is looking at the Section 22 draft statutory guidance on achieving best evidence in death and serious injury matters, while taking into account the College of Policing’s authorised professional practice for armed policing post-incident procedures.