Authority to Carry Scheme and Civil Penalties Regulations 2023

Lord Murray of Blidworth Excerpts

Tuesday 21st February 2023 Grand Committee

Moved by

[Lord Murray of Blidworth]

That the Grand Committee do consider the Authority to Carry Scheme and Civil Penalties Regulations 2023.

Relevant documents: 26th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, the purpose of these regulations, laid under Sections 23(2) and 24(7) of the Counter-Terrorism and Security Act 2015, is to give effect to the Authority to Carry Scheme 2023, which I will refer to as the 2023 scheme. This makes consequential amendments to the Authority to Carry Scheme (Civil Penalties) Regulations 2015 and revokes the Authority to Carry Scheme and Civil Penalties Regulations 2021. Once given effect, the 2023 scheme will in turn revoke and replace the Authority to Carry Scheme 2021.

Authority to carry is, in effect, the UK’s “no fly” scheme. It is operated to prevent individuals, including known terrorists, serious criminals and those subject to sanctions, being able to travel to and from the United Kingdom. The scheme is operated by the National Border Targeting Centre, which processes information about individuals—both passengers and crew—intending to travel to or from the United Kingdom. Where an individual is identified as being in a class of persons described in the scheme, the carrier may be refused authority to carry the individual to or from the United Kingdom.

The 2023 scheme applies to aircraft, ships and trains whose operators have been required by law to provide passenger and crew information before departure. It applies on all international routes, including journeys within the common travel area, where advance passenger and crew information is received from a carrier.

The authority to carry scheme continues to be extremely successful. Since its introduction in March 2015, the National Border Targeting Centre has refused carriers authority on more than 11,200 occasions. It is a daily occurrence. These are all individuals who would otherwise have arrived in the United Kingdom and been refused leave to enter by Border Force officers.

The primary reason we are introducing the 2023 scheme is in preparation for the introduction of the electronic travel authorisation—a key component of a universal permission to travel, which will require all individuals to have valid permission before travelling to this country. There will be some individuals who apply for an electronic travel authorisation but whose application is refused. Others may be granted one that is subsequently cancelled—for example, if it is established that a false declaration has been made about their previous good conduct. By including these classes of individuals in the 2023 scheme, we can ensure that they are prevented from travelling to the United Kingdom.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the Minister for introducing this statutory instrument. The SI replaces the 2021 no-fly scheme that prevents terrorists, serious criminals and others travelling into the UK via aircraft, ships or trains. The scheme was introduced in 2012 and was updated by statutory instrument in 2015 and 2021.

The 2023 scheme extends the range of people who carriers can be refused authority to carry to those refused an ETA or those travelling without a valid document or travelling on the document of another person. Penalties of up to £50,000 were put in place on carriers that breached the terms of the scheme. The maximum penalty has not increased since the original scheme in 2015. Is there any scope for increasing this maximum, along the lines of inflation or something like that? This question was asked in 2021, but I am not sure that my noble friend who asked it got a reply.

The ETA scheme has not been introduced, nor have details been released on how it would work, who would need to apply for it, how much it would cost or on what grounds it would be revoked. As we have heard, the Government have stated that it will be in place by the end of 2024. Can the Minister confirm that that is still the case for when it will be introduced?

The noble Baroness, Lady Hamwee, asked a number of pertinent questions about the alignment of the ETA with EU regulations and how it will work with the wider carrier network, if I can put it like that.

In response to questions raised in the Commons this month, the Minister stated that 23 penalties have been imposed over the seven years of the scheme and that the number of people prevented from travelling has stayed consistent over this time. The figures given were that 1,702 people were prevented from boarding in 2016-17 and 1,700 in 2022-23. In the 2021 Lords debate, the Minister did not respond to questions about whether some carriers had been repeat offenders. I do not know whether the Minister has any information on whether particular carriers are repeat offenders when fines are given to them.

The Explanatory Memorandum states:

“Updated guidance will be provided to industry”,


but no detail has been provided on when that will take place. Can the Minister tell us when that updated guidance may be available?

Finally, there is the status of transit passengers. How are they brought into the scope of these regulations and will they be affected? Having said that, we support the statutory instrument.

[Lord Murray of Blidworth (Con)]

I thank noble Lords for their contributions and questions. I think I have answers to them all, and I will take them in turn.

I turn first to matters raised by the noble Baroness, Lady Hamwee, who asked when the 2023 scheme will come into effect. Regulation 2 of the draft instrument provides that:

“The Authority to Carry Scheme … comes into force on the day on which these Regulations come into force.”


That is mirrored in paragraph 28 of the scheme, which observes that it will come into force on the day the authority to carry scheme regulations come into force. Obviously, that is the date on which the new scheme will be in force. I can put the noble Baroness’s mind at rest. If she were to compare the 2021 scheme and the 2023 scheme, a lot of the text is the same. The changes introduced by the new scheme are simply to effect the changes that I outlined in my earlier remarks. There will not be any gap that will affect the implementation of the scheme or proceedings brought under the earlier scheme, because they will then simply be under the new scheme that is in force.

The noble Baroness asked whether the scheme has to align with broader issues. I hope I have already addressed that; it is making only minor changes, so it should align and there should not be any difficulties. The provisions about ETAs are there in readiness for the implementation of ETAs along the lines of the timetable suggested by the noble Lord, Lord Ponsonby.

--- Later in debate ---

[Baroness Hamwee (LD)]

As the Minister is coming to the end of his response, I remind him about my questions on how it will work when there is to be a refusal in relation to someone whom the Secretary of State is in the process of making a decision about or where someone would be refused entry clearance or would be refused under the rules and so on. These are issues of quite considerable importance and principle because they are proposing that refusals may be made before the Secretary of State has made a decision. Can the Minister say anything about that?

[Lord Murray of Blidworth (Con)]

Forgive me: I covered that in my own mind when I explained the scheme, but I realise that I should have spelled it out more clearly, which I will now do. Those parts of the scheme are unchanged; these changes do not affect that part of the scheme, but I can certainly answer the noble Baroness’s question.

Where the Secretary of State is considering somebody’s application, they cannot travel. They can travel only once they have authority to enter the United Kingdom. It is not the position that we are refusing their application because we are still considering it; the point is that that passenger should not be trying to travel without a valid authority to travel. In the event that somebody applies for a visa and it is refused, it is open to them to apply to review that decision, internally or by legal proceedings. Of course they are entitled to do that, but people will not, and passengers do not, try to travel while their decision is still being determined because they do not have permission at that point to travel.

[Baroness Hamwee (LD)]

The scheme uses language such as:

“Individuals … in relation to whom the Secretary of State is in the process of making a decision that the individual be made subject of an exclusion order”.


That does not seem completely to reflect what the Minister said. Perhaps I am just not sufficiently familiar with scheme-speak.

[Lord Murray of Blidworth (Con)]

This is the reference in paragraph 14(d) of the draft scheme. Clearly, this is not being added by these changes. However, I can reassure the noble Baroness that the courts have found in favour of decisions to refuse authority to carry where the Secretary of State is in the process of making a decision to exclude. Obviously, if a person has made an application and the exclusion order is not made, they are free to travel once they have their visa. It does not have the effect of precluding their travelling; it simply means that they cannot travel on that occasion. If, however, they are the subject of an exclusion order, repeated applications will simply result in the same outcome: they will be refused authority to travel by the carrier.

[Lord Paddick (LD)]

My Lords, I hope my asking a question is in order; I have been here throughout the debate. On a couple of occasions, the Minister said that this scheme applies to all carriers that are required to provide details of passengers and crew, on international routes and from the Republic of Ireland. Does that mean all carriers, or all carriers that are required to provide that information? If it is the latter, on what basis do the Government require some carriers to provide that information and not others?

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

As I sought to make clear in my earlier remarks, the common travel area is obviously where the slight difficulty arises as there is no obligation to show your passport to get in and out. It is only that category of cases; for every other international flight we would anticipate that the scheme applies. If one were taking an internal flight, obviously there would be no need to provide that sort of information, as you would expect. I hope that answers the noble Lord’s question.

Again, I am grateful for the contributions made and the points raised. By giving effect to the authority to carry scheme 2023 we will build on the existing policy, which has proven effective to date. It will underpin the operation of a critical element of our future border and immigration system, namely universal permission to travel, and will ensure the continued safety and security of the UK border.

Motion agreed.

Rwanda: Memorandum of Understanding

Lord Murray of Blidworth Excerpts

Monday 6th February 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Hayter, for securing this debate. I must apologise that I will not be able to address all noble Lords’ contributions during this response. I am delighted to provide the clarity the noble Lord, Lord Ponsonby, rightly asked me to provide as to the reasons why a memorandum of understanding was chosen in this regard.

The proposal to relocate asylum seekers to Rwanda has been, and continues to be, the subject of considerable public debate. The number of people crossing the channel in small boats has increased exponentially, placing our asylum system under severe pressure as well as the extent to which services can be provided to those coming to our shores. Not only is every crossing attempt a potential tragedy, as we have seen far too often, but the people arriving via these small boats have travelled through and then left safe countries with fully functioning asylum systems.

Tackling the global migration crisis requires global solutions, and the United Kingdom’s ground-breaking partnership with Rwanda is an essential part of that approach. This policy will help to disrupt the business model of people smugglers, those gangs putting lives at risk using dangerous, unnecessary and illegal routes into the UK. The long-term strategic bilateral partnership that we intend to deliver through the migration and economic development partnership between the UK and Rwanda is built on the shared understanding that the current conventions for dealing with refugees and migration no longer work. I agree with my noble friend Lord Udny-Lister that bilateral agreements are also important, but we need new approaches at scale to ensure that immigration is orderly and controlled. Noble Lords will appreciate that there is an urgency and considerable public interest in deterring unnecessary, illegal and dangerous journeys to the UK.

I will now turn to the Question posed by the noble Baroness, Lady Hayter, on the decision to use a memorandum of understanding for the migration and economic development partnership. As indicated in the Government’s response to the International Agreements Committee’s report, the Government’s decision to use a memorandum of understanding—a non-legally binding instrument—has the benefit of allowing the detail of the partnership to be flexible. The technical details may be adjusted quickly if needed with the approval of both partners.

The UK and Rwanda have a well-established relationship. There is a significant history of our two Governments working together, as the noble Earl observed. Most importantly, the Rwandan Government have reason to know that the United Kingdom places the utmost importance on Rwanda’s compliance in good faith with the terms of the memorandum. The obligations placed on Rwanda under this partnership are laid out clearly in the memorandum, and they ensure that both countries have the same understanding of these obligations.

Indeed, in its judgment, the Divisional Court of the High Court at paragraph 65 found:

“The terms of the MOU and Notes Verbales are specific and detailed. The obligations that Rwanda has undertaken are clear. All, in one sense or another, concern Rwanda’s compliance with obligations it already accepts as a signatory to the Refugee Convention.”


I can therefore confirm to the House that we are confident that Rwanda will honour its commitments. This position was also considered by the High Court at paragraphs 70 to 71 of its judgment, where it stated that

“the conclusion that Rwanda will act in accordance with the terms of the MOU and the Note Verbales rests on HM Government’s experience of bilateral relations extending over almost 25 years and the specific experience of negotiating the MOU over a number of months in 2022”.

Furthermore, the court found that

“the Home Secretary did not act unlawfully when reaching the conclusion that the assurances provided Rwanda in the MOU and Notes Verbales could be relied on”.

I should also note that adopting a treaty, rather than using memoranda as suggested by the noble Baroness, would not necessarily have afforded individuals the right to raise disputes in the way some noble Lords have suggested.

While the Government cannot comment on ongoing legal proceedings, no court has ruled that this partnership is unlawful. In fact, the High Court, in the 19 December ruling, said that the arrangements entered into for the relocation of asylum seekers to Rwanda is consistent with the refugee convention, the European Convention on Human Rights and the statutory and other legal obligations on this Government.

I am therefore disappointed by the views expressed by the noble Lord, Lord Sahota, the noble Earl, Lord Sandwich, and others on the safety of Rwanda, which appear to be ill-informed and contrary to the High Court’s judgment. In paragraph 71, the court found that the Home Secretary’s assessment that

“Rwanda is a safe third country, was neither irrational, nor a breach of article 3 of the ECHR”.

The domestic legal framework that gives effect to removals under this partnership is backed by legislation which has already faced parliamentary scrutiny.

I welcome the court’s judgment that this policy is lawful, as we have maintained throughout. We will, of course, pay extremely close attention to the individual circumstances of those considered for relocation. Decisions will be taken on a case-by-case basis, and nobody will be relocated if it is unsafe or inappropriate for them.

The arrangement requires Rwanda to process claims in accordance with international standards, as I previously mentioned, and it ensures protection from inhumane and degrading treatment and from refoulement. We have assessed Rwanda to be a fundamentally safe and secure country, with respect for the rule of law and a strong track record of helping those in need. In paragraph 51 of its judgment, the High Court itself said that

“Rwanda has a significant history of providing asylum to refugees”.

This session concerned an important political arrangement underpinning our partnership. The Government carefully considered the report from the House’s committee which the noble Baroness chairs. As noted in our response to the report, we published the memorandum of understanding in full transparency in April last year, very shortly after it was concluded. The MoU was negotiated with utmost care and attention by both Governments.

It is not at all fair to suggest that His Majesty’s Government have avoided scrutiny. Ministers have engaged fully with Parliament regarding this arrangement, including via Oral Statements, Parliamentary Questions and written correspondence. Ministers and senior officials have made numerous appearances before committees, and we are here today discussing the issue. Of course, all of this is on top of the High Court’s very detailed consideration of this document.

The Government take the view that the constitutional convention known as the Ponsonby rule, as it existed and was practised, was in its entirety put on a statutory footing by the CRaG Act. We do not accept that there has ever been any convention whereby non-legally binding arrangements are routinely submitted to parliamentary scrutiny, and this is borne out by the consistent practice of successive Governments. Parliament did not consider disclosure of non-legally binding arrangements to be part of the Ponsonby rule when it looked to put the convention on to a statutory footing in the Constitutional Reform and Governance Act.

With that said, while we responded to the urgency and exceptional public interest in deterring these dangerous crossings to the United Kingdom, it is not at all right to say that this was rushed or that scrutiny was evaded. We have been clear that the memorandum of understanding between the UK and Rwanda is a non-legally binding instrument. Such instruments are common mechanisms for recording political commitments and arrangements between states and—as I have already said—allow for flexibility.

A decision on whether to use a treaty or non-legally binding instrument will depend on various factors. Ultimately, the decision will be based on whether there is a need for legal enforceability or whether a non-legally binding commitment would be appropriate. While we have never claimed that the terms of the memorandum are to be legally binding under international law, the arrangements we have put in place provide sufficient assurances to us—and indeed have satisfied the High Court—that the arrangement will be operated in line with international obligations and in a manner which ensures the welfare and safety of those people relocated under it. I am sure that the noble Baroness will be aware of the means by which the delivery of the scheme will be overseen and assessed against the assurances in the memorandum.

I particularly highlight the fact that a monitoring committee has been appointed, as was referred to during the debate, whose members are independent from both the Rwandan and United Kingdom Governments, and who will be able to look at every part of the relocation process and will independently assess all conditions. The monitoring committee will produce a summary report for publication yearly for all to see.

[Lord Purvis of Tweed (LD)]

The Minister has only a few moments left. This is the second time that a Front-Bencher has asked specific questions which the Minister has refused even to acknowledge. I regret that I am going to have to escalate this up through the usual channels. It is just not acceptable that the Minister at the Dispatch Box does not even acknowledge valid questions from a Front Bench.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I think the noble Lord’s question related to the legal basis for the agreement in domestic law; I have addressed that in detail in the course of my speech to the House.

[Lord Purvis of Tweed (LD)]

No, you have not.

[Lord Murray of Blidworth (Con)]

Well, I am sure that we can discuss this on another occasion.

[Baroness Hayter of Kentish Town (Lab)]

Before the Minister sits down—I think we have six minutes—he said that the Government used an MoU rather than a treaty because it could be amended. Does he accept that the detail of treaties can also be amended? More importantly, on an MoU, surely that could still—by the choice of the Government—have been laid for 21 days to give parliamentary scrutiny. Parliament will not be able to scrutinise the committee referred to by the right reverend Prelate, but the MoU could have been laid for 21 days. Does the Minister accept those two things, that the treaty itself could be adapted and that an MoU could have been laid before Parliament?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for those two questions. On the first point, no, to amend a treaty would be a more cumbersome process than the flexibility afforded by a memorandum of understanding. On the second point, it is clear that Parliament had considerable opportunities for scrutiny, as I have set out, and there was no want of scrutiny from the method adopted.

[Lord Lansley (Con)]

Can I press my noble friend on one point? Does he agree that the Government could have chosen to lay a memorandum of understanding under CRaG even if not required to do so, and that, as a result, it could have been debated in the House of Commons, which would have had a choice on whether to support the agreement or otherwise?

[Lord Murray of Blidworth (Con)]

I appreciate the hypothetical question that my noble friend asks. As I say, the issue was one for the Statements that were provided to the House of Commons, and it seems that there was no want of scrutiny. Therefore, I am afraid that I do not accept that contention.

[Baroness Lister of Burtersett (Lab)]

My Lords, the noble Lord said that he was not able to answer all the questions asked. Will he please write to noble Lords with the answers?

[Lord Murray of Blidworth (Con)]

Yes, certainly; we will have a look through them.

Refugees (Family Reunion) Bill [HL]

Lord Murray of Blidworth Excerpts

3rd reading
Friday 3rd February 2023 Lords Chamber

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

My Lords, I also congratulate the noble Baroness on taking this Private Member’s Bill through the House—that is no mean feat in itself—and I wish the Bill well in the other place.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, I too thank the noble Baroness, Lady Ludford, for her remarks and thank all those who contributed in previous debates on the Bill. The Government’s policy already fully recognises that families can become fragmented because of the nature of conflict and persecution, and the speed and manner in which those seeking protection are often forced to flee their own country. Our family reunion policy allows those recognised as refugees or granted humanitarian protection in the United Kingdom to sponsor their immediate family members to join them here, if the family union was formed before their refugee sponsor fled their country of origin. This has seen more than 43,700 individuals reunited with their refugee family members since 2015. This is a significant number, which highlights the policy’s success as a safe and legal route for families to reunite in this country.

I remind noble Lords that this Government fully support the principle of family unity and share the concern for those families who have been separated by conflict or oppression. It is for precisely this reason that the Government already have a comprehensive framework for reuniting refugees with their families here in the UK. I remind noble Lords that this framework is already set out in the Immigration Rules and in our refugee family reunion policy, which negates the need for the Bill and is the reason why the Government do not support it.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for replying. I am obviously disappointed but not surprised that the Government do not support the Bill, but I am afraid I must dissent from his assertion that the Government fully support the principle of family unity, because that really is not translated into policy and practice. Yes, he cites the number of family reunion visas since 2015, but it is difficult and in some cases costly and long-winded to obtain one, and it is unjustifiable to put all these barriers in the way. The rules are unreasonably restrictive and would be much improved with the Bill, so I live in hope that, one day, this or another Government will see the light and understand that it is not just compassion but hard-headed realism and cost-effectiveness that drive the reasoning of the Bill and other suggestions for improved, easier family reunion.

Afghan Citizens Resettlement Scheme

Lord Murray of Blidworth Excerpts

Wednesday 1st February 2023 Lords Chamber

[Baroness Hodgson of Abinger (Con)]

I beg leave to ask the Question standing in my name on the Order Paper. I draw the attention of the House to the fact that I co-chair and run the All-Party Parliamentary Group on Women, Peace and Security, and set up and run the Afghan Women’s Support Forum.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

Operation Pitting was the largest UK military evacuation since the Second World War. About 15,000 people were evacuated to the United Kingdom. Since then, a further 6,000 people, including those under ACRS pathway 1, have arrived via neighbouring countries. The Home Office is working to assure information on its caseworking systems. This includes reporting on total volumes by gender. Once this work concludes, the Home Office will include all Afghan resettlement statistics, including gender breakdown, in its quarterly immigration statistics publications, the next of which is due on 23 February.

[Baroness Hodgson of Abinger (Con)]

I thank my noble friend for his Answer, but I am disappointed that he cannot give me specifics on the Afghan citizens resettlement scheme. I gather that there is no application process for this and the slow speed, lack of communication and transparency creates a feeling of abandonment for the Afghan people. How are eligible people identified for this scheme? Under pathway 3, there is provision for those who are particularly vulnerable; I am talking about the women and girls at risk. Does my noble friend realise that some vulnerable women who either held significant positions or were related to those who did have been on the run and hiding since the Taliban took over? Can he imagine what it feels like to be hunted down in this way? We have only to remember the murder of the ex-Afghan MP Mursal Nabizada a few weeks ago. What steps are His Majesty’s Government taking to ensure that those women human rights defenders are able to access the ACRS? How many do they hope to accept this year?

[Lord Murray of Blidworth (Con)]

I agree with much of what my noble friend says. By way of context, the Afghan citizens resettlement scheme was divided into three pathways, to which she alluded, the first of which concerned those evacuated during Operation Pitting and those on the removals list. Pathway 2 is the principal method; it concerns referrals from the UNHCR. Pathway 3 is administered by the Foreign, Commonwealth and Development Office. That is the pathway envisaged for Chevening scholars, GardaWorld employees and those who work for the British Council. I understand that the Foreign Office has received some 11,500 expressions of interest that are being worked through at the moment. In relation to her question on vulnerable women and children, I say that the principal focus of the ACRS has been to protect the vulnerable. Since the events in Afghanistan last August, thousands of women and girls have been brought to safety in the UK, including female judges, women’s rights activists and a girls’ football team. Of course, in pathway 2 the UNHCR makes referrals based on an assessment of protection needs, including vulnerabilities.

[Baroness Coussins (CB)]

My Lords, at the end of December there were an estimated 150 Afghan interpreters still in Afghanistan, eligible but unprocessed under either the ACRS or ARAP. Given that many of them would already have been eligible under the previous ex-gratia scheme or the intimidation policy designed primarily for interpreters, can the Minister commit to fast-tracking these cases for a group of individuals to whom the UK owes an incalculable debt of gratitude, and who remain extremely vulnerable to Taliban threats and violence?

[Lord Murray of Blidworth (Con)]

I entirely understand the point the noble Baroness makes. Obviously, those who were employed by the British Government are entitled to be relocated under the Afghan relocations and assistance policy. The Ministry of Defence is working with the Home Office in relation to the assistance provided for those people. I am happy to look further into the 150 people whom she indicates. I hope that I might be able to obtain some further details and then look into that for her.

[Baroness Smith of Newnham (LD)]

My Lords, like the noble Baroness, Lady Hodgson, I am disappointed that the Minister was not able to give us any meaningful statistics today, beyond a figure of 6,000 people. I have had conversations with the noble Lord, Lord Ahmad of Wimbledon, who has spoken to the officers of the APPG on Afghan Women and Girls. Would it be possible for the Minister to undertake for similar meetings to be held with the Home Office, ideally on a cross-party basis, and with DLUHC? Many of the issues about bringing in women and girls, and indeed British Council contractors, link to visas and the provision of accommodation. However hard the FCDO and the MoD are working, those departments cannot deal with these issues alone. Will he agree to a meeting?

[Lord Murray of Blidworth (Con)]

Pathway 3 applications, as I have said, are led by the FCDO and its engagement will be the principal point of contact. Of course the Home Office works closely with the FCDO and will continue to do so. I will keep the question of a meeting under review and, if it becomes necessary, certainly.

[Lord Singh of Wimbledon (CB)]

My Lords, does the Minister agree that our intervention in Afghanistan directly led to the strengthening of the hands of extremists in the Taliban, causing huge difficulties for ordinary Afghan citizens, and that we have a linked moral responsibility to look to the well-being of those who we have caused to be refugees? Does he also agree that if we wish to reduce the flow of immigrants that has worried so many people, we should be much more careful in thinking first about embarking on such interventions?

[Lord Murray of Blidworth (Con)]

I fear that this is not the correct place for me to discuss the causation of the return of the Taliban to power in Afghanistan. But in relation to the point the noble Lord raises about the United Kingdom’s obligation to those who helped UK forces and staff, diplomatic and otherwise, during our period in Afghanistan, then I agree. That is something which the two Afghan schemes are designed to address.

[Lord Swire (Con)]

My Lords, some people put the amount of Afghan refugees in Pakistan at up to half a million, some of whom are extremely vulnerable, particularly young women, former judges and former politicians. They live under a constant threat of being returned to Afghanistan, where they would certainly meet with jail or possibly worse. What conversations have the Government had with the Government of Pakistan to lift this threat of being returned to Afghanistan?

[Lord Murray of Blidworth (Con)]

I am afraid that I cannot answer my noble friend’s question. That is probably a matter for the Foreign, Commonwealth and Development Office but I can no doubt ask the relevant Minister to write to him.

[Lord Coaker (Lab)]

My Lords, as the noble Baroness, Lady Hodgson, reminds us, in discussing the Afghanistan resettlement scheme and the help we rightly give to some, we should never forget the continuing persecution of women and girls across the world. Of the three pathways under the Afghan scheme we are accepting at-risk people from three groups: British Council, GardaWorld and Chevening alumni. Within this, is it only those who worked for the UK who are considered, or is any other priority given to women and girls?

[Lord Murray of Blidworth (Con)]

As I hoped to make clear in an earlier answer, the first pathway relates to those removed during August 2021 and those who should have been removed. The second pathway relates to those referred by the UNHCR to us, and the third pathway contains the three categories that the noble Lord just identified. The short answer to the question is no, it is not just people who worked for the United Kingdom Government in various forms; it is broader than that because the UNHCR refers refugees to us who have applied.

[Lord Stirrup (CB)]

My Lords, how many Afghan refugees resettling in the UK are still being housed in hotels? What mechanisms do the Government have in place for tracking the successful integration of such refugees, particularly in housing, education and employment?

[Lord Murray of Blidworth (Con)]

Forgive me; although I have a lot of knowledge about the situation with hotels, I am afraid I do not have those statistics with me today, given the topic of the Question. I will need to write to the noble and gallant Lord about that.

Public Order Bill

Lord Murray of Blidworth Excerpts

Report stage
Monday 30th January 2023 Lords Chamber

I finish with the point I started with: what protest is not about a current dispute? I cannot think of any, because people do not protest unless there is a dispute, yet the Government are saying to us that that is part of the definition they want to pass. The Minister has a really tough job defending the indefensible here. I am interested to hear what he has to say, as, I am sure, are most of us. But how on earth can he put before this House an issue as serious as the noble Lord, Lord Faulks, has said it is—I accept that—and then provide a definition that just does not make sense. The Government are in a real mess, and they ought to get themselves out of it pretty quick.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, clearly, I intend to shed some light. The noble Lord, Lord Coaker, has generated a lot of heat on the purpose of “reasonable excuse”. I begin by thanking the noble and learned Lord, Lord Hope, for tabling his amendments. These exclude protest as a reasonable excuse for the criminal offences within the Bill. We would say that this amendment is consistent with the reasoning of the Court of Appeal in the Colston case in relation to the criminal damage allegations that were at issue in that case.

These amendments implement the Constitution Committee’s recommendation that instances of “reasonable excuse” in the Bill are defined. I thank the committee for its thoughtful analysis in this regard, which has helpfully informed much of today’s debate. The amendments from the noble and learned Lord also follow from the Supreme Court’s recent judgment that a lack of reasonable excuse in criminal offences is not necessarily incompatible with the European Convention on Human Rights. The noble Lord, Lord Faulks, has set out a compelling case for these amendments, so I will try to refrain from repeating the same points. Similarly, the noble Lord, Lord Wolfson, has very cogently set out the case for these amendments, and I will not repeat the points he made.

In summary: the Government support these amendments. They are necessary to ensure that these criminal offences serve their purpose. The entire reason we are legislating is to make it clear that locking on, tunnelling, and disrupting infrastructure are illegitimate tactics of protest. Now that we are satisfied that it is compatible with the European Convention on Human Rights to carve out protest as a reasonable excuse for these offences, we should do so. Parliament should make it explicitly clear that protest is not of itself a reasonable excuse for these offences. Not doing so will simply lead to protracted litigation in the courts. This much is clear from the Supreme Court’s decision in the Northern Ireland abortion clinics case.

Following from the noble and learned Lord’s amendments, the Government have tabled two more. The first similarly carves out protest from the offence of public nuisance. I take the opportunity to remind the House that the former common-law offence did not have a reasonable excuse for the offence at all. One was included in the statute on the recommendation of the Law Commission. Similarly to the offences within this Bill, and keeping in line with recent case law, we should now carve protest out of the offence.

The second amendment carves protest out of the lawful excuse for the offence of wilfully obstructing the highway. However, recognising that the offence is a low-level one, we do not carve it out in its entirety. Instead, the amendment removes protest from the reasonable excuse only where “more than” serious disruption is caused. The hope was to ensure consistency in the law; we sought to replicate the same proposed threshold of “serious disruption” in this offence. Therefore, protesters will still be able to obstruct highways to a certain degree. This, in the Government’s view, strikes the right balance between the rights of the public and the rights of protesters—an exercise that the noble Lord, Lord Sandhurst, rightly reminded the House is a fundamental part of the consideration of human rights.

Despite the definition proposed by the noble and learned Lord, Lord Hope, now not standing part of the Bill, there is still a need to clarify the circumstances in which obstructing a highway is not a legitimate exercise of one’s Article 10 and 11 rights. I would expect the precise wording to be settled as the matter is debated further by Parliament, and in such a manner as to ensure consistency and clarity for protesters, the police and the courts.

On the question from the noble Lord, Lord Deben, on the impact of such an amendment on a march such as that against the Iraq war, which we saw under the Blair Administration: under Section 3 of the Human Rights Act, this measure will still have to be read compatibly with the ECHR—a point the noble Lord, Lord Wolfson, made. Therefore, the point at which arrest and prosecution would be a proportionate interference with people’s Article 10 and 11 rights depends on the circumstances of each protest.

My noble friend Lord Sandhurst has tabled a similar amendment to those of the noble and learned Lord, Lord Hope, and the Government.

[Lord Deben (Con)]

I do not think I understand what my noble friend is saying. Is he saying that a march against the Iraq war would be acceptable? After all, it was about current issues. Very few issues were more current at the time. How would people know in advance that it would be acceptable? That is quite important, too.

[Lord Murray of Blidworth (Con)]

The reasonable excuse defence arises only once there has been a decision by the police to prosecute. The fact of the march itself is something that the authorities would have to judge, and they would have to do so in accordance with their obligations to act lawfully and in pursuance of their obligations under the Human Rights Act, including those under the provisions of that Act.

I return to the amendment from the noble Lord, Lord Sandhurst, which seeks to remove protest from the reasonable and lawful excuses of all criminal offences. While I appreciate the elegance of addressing the protest as a reasonable excuse question in one fell swoop and agree with the sentiment behind it—and find interesting the research in the Policy Exchange paper—I cannot support the amendment. Some offences, such as minor obstruction of the highway or the most minor of damage, such as that caused by water-soluble paints or dyes, can be a legitimate exercise of Article 10 and 11 rights.

The burden of proof was debated at length in Committee. The government position remains that the burden of proof should rest on the defendant. They are aware of all the facts pertinent to their case. As I made clear in Committee, it is not a novel concept for the burden of proof to rest on the individual.

I turn to the amendments in the name of the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Paddick. These take issue with the reasonable excuse defence and seek to shift the burden of proving such a defence for the criminal offences from the defendant to the prosecution, making it a key element of the offence. Amendment 35, tabled by the noble Baroness, Lady Chakrabarti, also adds

“support for … a trade dispute”

to the protected activities of acts

“wholly or mainly in contemplation or furtherance of a trade dispute”

under Clause 7. The government position remains that the burden of proof should rest on the defendant. While I understand the sentiment, Amendment 35 is not necessary as we assess that support for a trade dispute would already be captured under the defence.

I also want to address one of the criticisms that was made in Committee, which I believe has inspired some of the amendments of the noble Lord, Lord Paddick. As I made clear in Committee, the reasonable excuse defence resting on the individual does not, and would not, mean that those suspected of committing the offences would be arrested and charged without consideration of whether or not they had a reasonable excuse for their actions. With regard to the arrests, Code G of the Police and Criminal Evidence Act 1984 states that the use of the power of arrest requires the belief that an individual is committing, has committed or is about to commit an offence, and that the arrest is necessary.

With regard to charging decisions, the Crown Prosecution Service has to consider whether there is a realistic prospect of conviction at trial, and whether the suspect has a reasonable excuse will factor clearly in that decision-making process. This obligation on Crown prosecutors is set out in the Crown Prosecution Service’s Code for Crown Prosecutors in paragraphs 4.6 and 4.7. Any reasonable excuse defence that a suspect may have will be considered as part of these processes.

Finally, I have considered the proposal in the amendment from the noble Baroness, Lady Chakrabarti, to include support for a trade dispute as a reasonable excuse. I do not believe that it is necessary, as an act in support of a trade dispute is, in essence, in furtherance of one and therefore already in scope of the defence. As with the last group, I encourage all noble Lords to support the amendments from the noble and learned Lord, Lord Hope, and the Government and to reject the others.

[Lord Paddick (LD)]

The Minister said that the Northern Ireland Supreme Court case shows that the amendments are consistent with the European Convention on Human Rights. I made the point that the proportionality test that the Supreme Court made in that case was on the basis that the convention rights were restricted only within 150 metres of an abortion clinic and not outside that, whereas these amendments would apply universally and therefore, in my judgment, are disproportionate. The Minister did not address that issue.

[Lord Murray of Blidworth (Con)]

I entirely understand that that is the noble Lord’s view. The test of proportionality will, of course, be decided on the facts of each case as it arises, which will be matters that will feed into the decisions taken by the police and CPS in the charging process.

[Baroness Chakrabarti (Lab)]

I am grateful to all noble Lords who spoke in an incredibly thoughtful debate—your Lordships’ House at its best, if I may say so. Noble Lords will forgive me if I do not mention everyone, for obvious reasons of time, but I am particularly grateful to the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for explaining that sometimes reverse burdens make sense when the criminality is just so obvious, such as carrying a bladed article in public, but that linking arms is generally not thought of as the same kind of criminality.

I am also grateful to the noble and self-deprecating Lord, Lord Paddick. He may not be a lawyer, but he is certainly a better lawyer than many of us lawyers would be police officers, I suspect. His brilliant exposition of the Northern Ireland case in particular, including by way of his last intervention, demonstrates that Ziegler is not dead. As we have heard from many noble Lords in this thoughtful debate, protest is not a trump card; it will not always be a reasonable excuse for criminality. But sometimes it might be. It is not irrelevant to these matters. Good law is about rules and discretion and, without the right amount of discretion, injustice will follow.

Most of all, I am grateful to the noble Lord, Lord Deben, because it was his particular thought experiment that made me most concerned about a mass demonstration such as the one on Iraq—but it could be on another subject under another Government in future. We are talking about a mass demonstration where, quite deliberately, the police do not run around arresting everybody; they use their discretion in the public interest not to do so, so as not to cause a very hazardous situation to human beings and public order, or because they simply would not be able to arrest a large number of people.

In my development of the thought experiment from the noble Lord, Lord Deben, instead of just not arresting people and just ensuring that people are safe, certain police officers arrest only a certain type of person—say, only people in wheelchairs, or only women, who are easier to arrest, or, dare I say it, only people of a certain race. If those people alone were then prosecuted and were not permitted to argue a reasonable excuse that they were just on the demonstration like everybody else, I suggest that a grave injustice would follow. The fact of the protest is never a trump card, but sometimes it is highly pertinent.

I shall not press the amendments in my name to a Division, because I have decided, on the basis of this debate, that the priority in the time that we have is to vote against the government amendments, which is what I would urge all those concerned about this to do.

Asylum Seekers: Syria, Afghanistan, Eritrea, Iran and Sudan

Lord Murray of Blidworth Excerpts

Tuesday 24th January 2023 Lords Chamber

[The Lord Bishop of Durham]

To ask His Majesty’s Government what forecast they have made of the number of people from Syria, Afghanistan, Eritrea, Iran, and Sudan who will travel to the United Kingdom via a safe route in order to seek asylum in 2023.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

The United Kingdom welcomes vulnerable people in need of protection through our relocation and resettlement schemes. The number of people coming to the UK via safe and legal routes depends on many factors, including local authorities’ capacity to support them and the extent to which community sponsorship continues to thrive. There is no explicit provision within our Immigration Rules for someone to be allowed to travel here to seek asylum or temporary refuge.

[The Lord Bishop of Durham]

I thank the Minister for that Answer. We know from the latest available numbers that between September 2021 and September 2022, only close to 1,400 people were resettled to the UK through the specific safe routes of resettlement. This figure is 75% lower than in 2019, and the number of family reunion visas issued is 36% below the pre-pandemic figure. As the Minister knows, all the countries referred to in my Question have an asylum grant rate of over 80%, with Afghanistan, Syria and Eritrea sitting at over 97%. The number of individuals claiming asylum from these nations stood at more than 26,500. Now that the Government are deciding admissibility on the basis of arrival, will they establish further safe routes for high grant rate countries such as Sudan, Eritrea, Syria and Iran, to reduce the need for asylum seekers to travel irregularly?

[Lord Murray of Blidworth (Con)]

The principle is clear in the refugee convention that people claiming asylum need to be in the country in which they seek refuge, having come directly from that country. While we sympathise with people in many difficult situations around the world, we are not bound to consider asylum claims from the large numbers of people overseas who might like to come here.

[Lord German (LD)]

My Lords, we learned from the Home Secretary and her team giving evidence to the Home Affairs Select Committee that a hypothetical 16 year-old orphan from an African country such as Sudan or Eritrea fleeing war and religious persecution, with siblings legally in the United Kingdom, has no safe or legal route to seek refuge in the United Kingdom. Why has this happened?

[Lord Murray of Blidworth (Con)]

As the noble Lord will have heard in my recent Answer, the principle is that you claim asylum in the first safe country you reach. The question Mr Loughton posed at the Home Affairs Select Committee is answered like this: depending on the country you are from, you could engage with the UNHCR; that would be a way of getting leave to enter the UK in order to put in an asylum claim, but clearly, there are some countries where that would not be possible.

[Lord Clark of Windermere (Lab)]

My Lords, I am disappointed with the Minister’s negative reply. If we take one country alone, Afghanistan, have the Minister and the Government forgotten that thousands upon thousands of Afghans, in the 40 years of war, sided with and fought for Britain there? Why are they neglecting them now and going back on their earlier promises?

[Lord Murray of Blidworth (Con)]

The Government certainly have not forgotten the people of Afghanistan. As the noble Lord will remember, Operation Pitting was the largest UK military evacuation since the Second World War, during which we evacuated about 15,000 individuals to the UK. In the year since the evacuation began on 14 August 2021, a further 6,000 arrived in the UK via neighbouring countries.

[Lord Alton of Liverpool (CB)]

My Lords, notwithstanding what the Minister has said about the importance of addressing the right reverend Prelate’s Question about safe and legal routes, does he not accept that, with the UNHCR that he has just referenced saying that there are now between 75 million and 80 million people displaced in the world, this is a global problem that requires international solutions? Should the Government not be leading the way in drawing countries together to look at the root causes of the displacement, and trying to stop these terrible, perilous journeys in small boats, whether across the channel, the Aegean or the Mediterranean, leaving a trail of sorrow behind them?

[Lord Murray of Blidworth (Con)]

There is much in what the noble Lord says. It is sadly the truth that we cannot help everyone, with worldwide displacement now standing at around 100 million, not merely 70 million as the noble Lord suggested. The Government continue to offer safe and legal routes for those in need of protection. Since 2015, we have resettled more than 28,000 refugees from regions of conflict and instability through the global UK resettlement scheme, community sponsorship and the mandate schemes, under which the UNHCR will refer the most vulnerable refugees from across the globe for resettlement to the UK.

[Viscount Stansgate (Lab)]

My Lords, whatever the outcome of Operation Pitting, it did leave behind people who should have been included. Do the Government remain committed to helping the families of interpreters who work for British military personnel and political leaders visiting the country, including the former Prime Minister, who were unable to get out and who remain in terrible danger in Afghanistan?

[Lord Murray of Blidworth (Con)]

The answer to the noble Viscount’s question is yes. The Afghan relocations and assistance policy, launched on 1 April 2021, offers relocation to eligible Afghan citizens who worked for or with the United Kingdom Government locally in Afghanistan. The ARAP recognises the service of eligible Afghan citizens and the risks arising to them and their dependent family members as a result of their work.

[Lord Hannay of Chiswick (CB)]

My Lords, can the Minister tell the House what provision in the refugee convention permits us to refuse to even consider someone who arrives on our shores seeking asylum?

[Lord Murray of Blidworth (Con)]

The provision is Article 31(1).

[Lord Coaker (Lab)]

My Lords, the asylum system is in chaos: 140,000 asylum seekers, and rising, are waiting for an initial decision; 90,000 have been waiting for over six months, and more than 40,000 for between one and three years. It is also reported that 725 claimants, of whom 155 are children, have been waiting over five years. How many of these cases apply to these five countries? Will the Minister join the Prime Minister in promising to clear the asylum backlog by the end of the year? It is action we need, not gimmicks.

[Lord Murray of Blidworth (Con)]

The noble Lord is entirely right: it is action we need, and I can certainly recommit to the ambition, outlined by the Prime Minister in his statement, to clear the backlog. As to the various countries within the backlog, those statistics exist but I am afraid I do not have them to hand, so I will need to write to the noble Lord about them.

[Lord Bellingham (Con)]

My Lords, can the Minister say something about the Government scheme for allowing direct applications from people in Syrian refugee camps? This is surely a far better route than the much more perilous one used by those trying to come here illegally.

[Lord Murray of Blidworth (Con)]

I entirely agree with my noble friend and clearly, that is the purpose of the UK resettlement scheme. Perhaps it would assist if I outlined that between 2015 and September 2022, we offered a place to nearly 450,000 men, women and children seeking entry via safe and legal routes, including those from Syria but also those from Afghanistan, Ukraine and Hong Kong, as well as the family members of refugees.

[Lord Roberts of Llandudno (LD)]

My Lords, when the folk arrive here, they are given an ASPEN card, which did provide £35 a week for their subsistence. Has that gone up with inflation? What is the value now? Is it still £35, as it was 10 or 15 years ago, or has it gone up?

[Lord Murray of Blidworth (Con)]

I can certainly provide detailed information on the asylum support provisions. Clearly, those in hotels have their accommodation provided for them and are provided with food and a small amount of money for expenditure on essentials. Those in dispersal accommodation receive a financial sum, which has changed with inflation. I will be able to provide the noble Lord with the precise statistics by letter; I am afraid this is quite a long way from the topic of the Question.

[Lord Singh of Wimbledon (CB)]

My Lords, the UK says that asylum seekers must go to the first safe country, but the United Nations commissioner for human rights says that that is incorrect. Would the Minister like to comment?

[Lord Murray of Blidworth (Con)]

The Government’s position is clear: Article 31 requires that a person comes directly to the first safe country and is therefore obliged to claim in that country. Indeed, it is upon that principle that the European Union agreed the Dublin provisions about the return of asylum seekers to places where they made their first claim.

Immigration (Leave to Enter and Remain) (Amendment) Order 2023

Lord Murray of Blidworth Excerpts

Tuesday 24th January 2023 Lords Chamber

Moved by

[Lord Murray of Blidworth]

That the Order laid before the House on 7 December 2022 be approved. Considered in Grand Committee on 17 January.

Motion agreed.

Children Seeking Asylum: Safeguarding

Lord Murray of Blidworth Excerpts

Monday 23rd January 2023 Lords Chamber

[Lord Scriven (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice, and in so doing point out my interest as a vice-president of the Local Government Association.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

The rise in small boat crossings has meant that we have had temporarily to accommodate children in hotels while local authority accommodation is found. When a child goes missing, a multiagency missing persons protocol is mobilised. Many of those who have gone missing are subsequently traced and located. We must end the use of hotels, and as such we are providing local authorities with children’s services the sum of £15,000 for every eligible young person they take into their care from a UASC—that is, an unaccompanied asylum-seeking child—hotel by the end of February 2023.

[Lord Scriven (LD)]

My Lords, I thank the Minister for that Answer. As the chief constable of Great Manchester Police has said, these vulnerable young people are going missing after they have been snatched by those involved in drug crime and child sex trafficking. Experts indicate that the present system is not working as well as it should and suggest one major change that the Home Office could implement. That is that the Home Office becomes the corporate parent of those young people until such time as the local authority has completed the assessment and arrangements have been made. Will the Home Office look into that and implement it?

[Lord Murray of Blidworth (Con)]

There are many reasons why children go missing from care generally. This is true also of unaccompanied asylum-seeking children. We are not in a position—and it would be wrong—to make generalisations regarding the reason for their going missing. I will take back to the department the suggestion that the Home Office could become a corporate parent.

[Lord Trefgarne (Con)]

My Lords, what is the minimum age at which an unaccompanied minor can apply for asylum?

[Lord Murray of Blidworth (Con)]

There is no minimum age for application for asylum.

[Lord Alton of Liverpool (CB)]

My Lords, is it not deplorable that over an 18-month period, some 600 unaccompanied children have disappeared from this hotel and some 79 are still missing? What can the noble Lord tell us about the fate and the plight of those missing children? What were their countries of origin? What safeguarding is now in place at that hotel? Most importantly of all, the noble Lord has said the use of such hotels will be phased out, so how long will that take?

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his question. Clearly, the statistics he cited are not entirely correct. Let me put on record what they are. The Department for Education collects data annually on the number of looked-after children in England, as well as missing, unaccompanied asylum-seeking children. The Home Office has no power to detain unaccompanied asylum-seeking children in those hotels, and we know that some of them go missing. Many of those who have gone missing are subsequently traced and located, as I have already said. The numbers are as follows. Over 4,600 children have been accommodated in hotels since they were opened in July 2021. Of the 440 missing episodes—the term “episode” is used, as some children go missing and are then located but subsequently go missing again—all have been male save for four who have been female. Two hundred of the children remain missing, and only one of them is female; 88% are Albanian nationals and 13 are under the age of 16. The average length of stay in hotels for UASCs is 18.23 days. I am afraid I cannot give an exact answer to the second part of the noble Lord’s question, on how long it will be until we can phase out the use of hotels. Our hope is to phase them out as soon as we can.

[Baroness Armstrong of Hill Top (Lab)]

The people I have spoken to who have been to visit the hotels have come away very anxious about the lack of knowledge or ability of anyone around or outside the hotel in safeguarding; and, as the Minister has just said, they cannot detain children. They know that predators are around, and we know that predators are one step ahead in terms of trafficking and indeed child sex abuse of most of the organisations that are around to safeguard. This is a huge issue. It is a shaming issue, and I hope the Government take it very seriously and work very hard to make sure that trafficking, as we now know it, is not being fuelled by the policy around children unaccompanied in hotels.

[Lord Murray of Blidworth (Con)]

I can assure the noble Baroness that the Home Office takes very seriously the safeguarding of the young people who are in the hotels. Their safety and well-being are our primary concern. As I have already said, we have no power to detain them; however, children’s movements in and out hotels are monitored and recorded. They are also accompanied by support workers when attending organised activities and social excursions off site, or where specific vulnerabilities are identified.

When a young person goes missing, the missing persons protocol is followed, led by our directly engaged social workers. We have a protocol called “missing after reasonable steps”, which enables children’s homes and supported accommodation placements to have more ownership over the missing episodes of children in their care. It is a set of forms that helps with safeguarding, planning and prevention prior to a child being reported missing; it also encourages lines of inquiry, as is expected of a person with responsibility for that child. When used correctly, similar protocols in police forces have safely reduced the number of missing episodes from placements by 36%.

[Lord Touhig (Lab)]

My Lords, as I speak at this minute, thousands of unaccompanied asylum-seeking children across Europe are suffering. They are being abused and trafficked. They are self-harming; indeed, as a report from the Council of Europe, which I took part in, showed, a number have taken their own lives. These refugee children not only need our protection; they are entitled to it. Can the Minister say whether he agrees with that and whether this issue will be at the core of the Government’s approach to looking after them?

[Lord Murray of Blidworth (Con)]

I can assure the noble Lord that, as I have already said, the safeguarding and welfare of these children are among the department’s top priorities.

[Lord Lexden (Con)]

How frequently are checks made on the hotels, and by whom?

[Lord Murray of Blidworth (Con)]

As I hope I have made clear, responsibility for the inspection of the hotels rests with the borders inspectorate. The hotels have been inspected in the past year. It is appreciated that hotel accommodation is a temporary means of accommodating children. As I hope I have made clear, we try to make those stays as short as possible and ensure that the accommodation is of the highest quality possible.

[The Lord Bishop of Durham]

My Lords, I thank the Minister for the care with which he is responding today; it is appreciated. Can he say how well qualified the social workers and others are to support unaccompanied asylum-seeking children, because there are particular issues around them? Would it not be better if we had a system of placing an advocate for each child, who could help them through the system, as soon as they arrive?

[Lord Murray of Blidworth (Con)]

Clearly, the move into hotels is as swift as we can make it once the unaccompanied asylum-seeking child comes to the attention of the authorities. The hotels have staff consisting of team leaders and social workers, all of whom are fully trained and able to work with the young people. All the children receive a welfare interview, which includes questions designed to identify any potential indicators of trafficking or safeguarding issues. I assure the right reverend Prelate that the steps are taken seriously among the staff of the hotels to assist the children in so far as they can.

[Baroness Hamwee (LD)]

My Lords—

--- Later in debate ---

[Baroness Hamwee (LD)]

I thank the noble Baroness. I hope that the Minister will be confirmed in his pursuing of my noble friend’s point about corporate parenting by the chorus of approval that the suggestion received. Sadly, children going missing from care is not a new issue, as the Minister said. What is being learned from the two situations? What information and experience are being swapped, including on identifying the fact that traffickers, criminals and other dodgy people are hanging around outside different establishments hoping to catch a hold of their victims, as I shall call them as well as children?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question. An important feature of the hotel accommodation specifically provided for UASCs is the security for each hotel facility. Clearly, that security then matches the layout of each hotel and, as I say, residents are asked to sign in and out. Any suspicious activity identified by the security contractors is reported to the police and should be investigated by them if they think that there are grounds to do so.

[Lord Austin of Dudley (Non-Afl)]

My Lords, the Minister has just told us that, on his own figures, hundreds of children have gone missing. Has he asked his officials what investigations that department has made to find out where they have gone, who they are with and what risks they face?

[Lord Murray of Blidworth (Con)]

I hope that, as I have already set out, as with children’s homes more generally, when there is a missing person episode, the missing person protocol is followed, which involves investigation by the police. The Home Office is obviously not in a position to replace the police in that investigatory task and, accordingly, that is how the children are identified when they can be.

[Lord Coaker (Lab)]

We are all horrified by what we have heard and read about these cases of children going missing—I will say “kidnapped”—from some of these homes. Is it true that the Home Office were warned months ago about these problems? Is it true that the Home Office ignored those warnings and failed to act? If so, that is a failure of the state to act as a parent. With Home Office sources denying that these children have been kidnapped, can the Minister at least confirm that the department accepts legal responsibility for their safety now, even if it did not in the past?

[Lord Murray of Blidworth (Con)]

Certainly, the department does not know of any cases of kidnap. The reports in the media over the weekend are of course the subject of investigation within the Home Office but, at the moment, nothing like that has been reported to us to my knowledge.

[Baroness Butler-Sloss (CB)]

My Lords, as a matter of law, the children are in the care of the local authority of the particular hotel, so I am not sure about corporate parenthood. It may be a very important situation, but I suspect that it is not a legal situation. What is perhaps more important is the Government giving additional money to the local authorities where these hotels are to get foster parents and homes for the children so that they do not stay in hotels.

[Lord Murray of Blidworth (Con)]

I entirely agree with the legal analysis by the noble and learned Baroness. As I hope I made clear in my earlier Answer, further money is provided—I mentioned £15,000—to each local authority in relation to the unaccompanied asylum-seeking child.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have listened carefully to the answers given. Having read the lurid headlines and newspaper reports, I was under the impression that people trafficking of these young people was a given. It is possible that I am confused, so can the Minister clarify that there is no evidence of what has happened or why these children have gone missing? If there is no evidence, is it not attendant on all of us in this place not to allege what we do not know to be true as though it were fact?

[Lord Murray of Blidworth (Con)]

The noble Baroness is very perceptive. Unfortunately, there is a temptation to adopt the most lurid interpretation but, as I said a moment ago, there are many reasons why children go missing. There is no basis on which to make generalisations as to those reasons.

National Security Bill

Lord Murray of Blidworth Excerpts

Committee stage
Wednesday 18th January 2023 Lords Chamber

[Lord Evans of Weardale (CB)]

I thank the noble Baroness very much for that clarification; in that case, the amendment certainly needs some amendment itself.

I am also puzzled as to the route proposed that any disclosure, particularly from one of the intelligence agencies, can go to any public authority. Again, that seems a surprising route for a whistleblowing channel for somebody in the intelligence and security agencies.

More particularly, and more importantly, I absolutely fail to recognise the culture of cover-up that the noble Baroness, Lady Kramer, cites. Having worked in the Security Service for 33 years, I am confident in saying that, far from there being a culture of cover-up, there was in fact a strong willingness to speak up, as far as I could see. There was strong and, at times, fairly heated internal debate on some of the ethical matters that have been cited in this debate. So I do not believe that the characterisation of the intelligence agencies we have just heard in any sense accurate. Although the noble Baroness, Lady Manningham-Buller, gave the complete list of everybody to whom a member of the agencies could go, I think that almost anybody in the agencies would recognise their ability to go to the internal ethics counsellor—a role that plays an important part in actively encouraging debate of these issues—who has a direct right of access to the director-general of the day; I am sure that that would still be the case. That role has now extended from the Security Service to the other intelligence agencies. Also, it was clear and straightforward how you obtained the contact details for the external counsellor who acted as a whistleblowing channel directly outside the service. Of course, that was put in place specifically because of previous concerns that there was no such provision, and it was reflected in the legislation of the day.

I feel that the detail of this amendment is not clear —certainly not to me. The need for this amendment has not been made clear, in my view, because it is based on a rather misleading characterisation of the internal culture of the intelligence services. In my experience, there has been considerable focus on ethical matters and the ability internally to debate those.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, I thank Members of the Committee for all their speeches. Amendment 119 seeks an assessment of how the Act relates to the Official Secrets Act 1989. As we set out in last week’s debate, the new espionage offences in Part 1 of the Bill replace and reform the existing provisions in the Official Secrets Acts from 1911 to 1939. They carry strict tests for a person to be caught within those sections. For example, the first two offences apply when a person is acting for, on behalf of, or with the intention to benefit a foreign power. This is distinct from the Official Secrets Act 1989, which covers unauthorised disclosures by Crown servants and government contractors. As the Committee knows, the Government are not reforming the 1989 Act through the Bill, as has been observed this evening. Under the existing law, it is possible that a person making a damaging disclosure could commit both the espionage offence in the Official Secrets Act 1911 and an offence under the Official Secrets Act 1989.

Pausing there, I thank the noble Lord, Lord Hacking, for his contribution in relation to the 1911 Act. The difference, drawn out in the fact that you could commit both an offence of espionage under the Official Secrets Act and an offence under the 1989 Act, will continue to be the case. It is possible that a person could commit an offence under two pieces of legislation simultaneously and be charged in relation to both. That is not a matter unknown in the criminal law. Any overlap between the espionage offences in the Bill and the Official Secrets Act 1989 allows us to prosecute damaging acts in the most appropriate way. Where a person commits both a 1989 Act offence and an espionage offence under the Bill, the charging decision would be taken by the Crown Prosecution Service in accordance with the Code for Crown Prosecutors, as is always the case. CPS prosecutors select the charges that they consider are most appropriate on the facts of each case, and to reflect the nature of the wrongdoing. I hope that this explanation reassures the Committee that the Government have carefully considered the interaction between our new offences in the Bill and those in the 1989 Act.

The noble Lord, Lord Coaker, raised a question regarding reform of the 1989 Act, and I will address it directly. The Government’s view is that the Official Secrets Act 1989 is an essential part of our ability to protect national security and sensitive information. However, the views and concerns raised by stakeholders in response to our public consultation for the Bill, including those in favour of not reforming the Act at all, highlight the complexity of the legislation and the wide variety of interests that should properly be considered before pursuing any reform. Given its complexity, we are also concerned that reform of the Official Secrets Act 1989 at this time may distract from the Government’s package of measures in the Bill to counter state threats, and prevent us from providing law enforcement and the intelligence agencies with the tools that they need now directly to tackle these threats. Accordingly, we do not have any immediate plans to pursue reform of the Official Secrets Act 1989, but will continue to keep that position under review. The matters raised by the noble Lord, Lord Wallace, are well considered. Issues such as whether to increase maximum sentences under the Official Secrets Act 1989 would be considered as part of potential reform proposals and would be viewed in the round with the measures of sentences in the Bill.

Amendment 120 tabled by the noble Baroness, Lady Kramer, proposes the establishment of a new office for the national security whistleblower. We are told that the aim of such an office would be to protect whistleblowers who make disclosures related to offences under the Bill where disclosures are considered to be in the public interest. Of course I pay tribute to her in her ongoing work and efforts to champion the important cause of whistleblowing. The Government are committed to ensuring that our whistleblowing framework is robust, and I confirm that the business department intends to carry out the promised review of the existing framework, and that further details will be set out in due course in relation to that.

--- Later in debate ---

[Lord Purvis of Tweed (LD)]

I am grateful to the Minister. He is aware of the point I raised earlier in Committee, which, as he correctly pointed out, pertained more to the Official Secrets Act in respect of the authorised disclosure of information. The Law Commission’s recommendation is clear—that there should be an independent statutory commissioner, to which individuals can go, who has investigatory powers—but the Minister says that there are no plans to reform the 1989 legislation.

We heard from the noble Lord, Lord Evans, and earlier from the noble Baroness, Lady Manningham-Buller, that they do not recognise this culture, but the Law Commission came to its own view and its own recommendation. Do the Government accept that recommendation but then say that they are not going to do anything about it, or will we have to find a way to bring together the disclosure of information and the points that my noble friend raised? The Law Commission’s recommendation was perfectly clear, and it was not besmirching the culture within the agencies. It was a very clear recommendation.

[Lord Murray of Blidworth (Con)]

Indeed, the Law Commission made a recommendation about a potential reform to the 1989 Act. As I have already said, that is not the purpose of this Bill and will be a matter for a future reform, which will not be conducted immediately, as I already explained in answer to the point from the noble Lord, Lord Coaker. The Law Commission’s recommendation will have considerable weight but, at this stage, I cannot prejudge any government decision in relation to the 1989 Act.

In last week’s debate, the noble Lord, Lord Coaker, asked about the Government’s plans to update internal whistleblowing guidance. I can confirm that the Government regularly keep this guidance under review and, last year, they updated it to include specific reference to how to raise an issue that would require disclosure without breaching the Official Secrets Act 1989. The updated internal guidance has been shared across departments and agencies, with confirmation from all Whitehall departments that a review of their own processes and procedures has been undertaken or is planned.

Across government, organisations have also continued to undertake activities further to develop a safe and supportive culture for raising concerns. Over the last year, the majority, including all 17 Whitehall departments, have undertaken communications through awareness-raising events and campaigns, including an annual “Speak Up” campaign.

We of course understand that journalists have a specific and important role to play in holding government to account in our democratic society. We also understand that responsible journalists do not want unwittingly to put lives at risk or compromise national security. That is why we have robust processes in place which enable journalists to mitigate the harm caused when considering the publication of potentially damaging information.

For example, during the Government’s public consultation on the Bill, several media stakeholders commented on the value of the Defence and Security Media Advisory Committee—the DSMA—which alerts the media to the consequences of disclosing certain types of information and provides advice on how to mitigate damage, while leaving editors to judge whether to publish or broadcast. A number of editors already engage with this valuable process when considering the publication of sensitive information, and we encourage them, and others, to continue to do so.

The Government are committed to ensuring that these channels are safe, effective, and accessible. Accordingly, for the reasons I have just set out, the Government, with regret, cannot accept the tabled amendments and invite their withdrawal.

[Lord Coaker (Lab)]

My Lords, I will be brief, but will start by thanking the Minister for his response and all noble Lords for their contributions to this short but important debate. I am grateful to the Minister for following up on my question from last week about what was happening with the updating of guidance for people in departments across government who wish to raise concerns. But frankly, the headline from what the Minister has said is that the Government have kicked the reform of the Official Secrets Act 1989, which was never particularly on the immediate horizon, into the long grass. That is deeply disappointing because, irrespective of one’s view, the issues of the public interest defence and people being able to come forward—whistleblowers, if you want to call them that—will not go away. Reforming the Official Secrets Act would have enabled us to debate that and come up with an Act that is relevant to 2023 and beyond. As I say, it is deeply disappointing that the Minister has effectively kicked that reform into the long grass, and that is the headline from this response to the amendments. With that, I beg leave to withdraw my amendment.

Asylum Seekers

Lord Murray of Blidworth Excerpts

Tuesday 17th January 2023 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, on behalf of my noble friend Lord Dubs, I beg leave to ask the Question standing in his name on the Order Paper.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, the latest immigration statistics published by the Home Office show that 143,377 people were waiting for an initial decision on their asylum claim as of September 2022, and that 15,987 people were granted asylum or other leave in the year ending September 2022. Of the 11,974 enforced or voluntary returns, there were 774 enforced or voluntary asylum-related returns in the year ending June 2022.

[Lord Hunt of Kings Heath (Lab)]

In last month’s debate in the name of the most reverend Primate the Archbishop of Canterbury, my noble friend Lord Dubs made a very moving speech, where he said:

“The refugee issue is testing our humanitarian principles to the ultimate. Our response will determine what sort of country … we want to be … but particularly how we value our fellow human beings who have suffered greatly from … wars and conflicts.”—[Official Report, 9/12/22; col. 378.]


Given the lamentable performance of the Minister’s department, as we have heard from those figures just now, and the intemperate language used by the Home Secretary when she described asylum seekers as invaders, does he think this Government meet my noble friend’s humanitarian test?

[Lord Murray of Blidworth (Con)]

Yes, I do. The Prime Minister was clear in his remarks on 13 December that it is a key priority of the Government to address the unlawful crossings of the channel, to tackle illegal migration and to ease pressure on the asylum system. As the noble Lord knows, we will achieve that by doubling the number of caseworkers to help to clear the asylum backlog by the end of 2023, we will re-engineer the end-to-end process by reducing paperwork and interviews, and we will allocate dedicated resources to different nationalities in the asylum backlog.

[Baroness Hamwee (LD)]

My Lords, in speaking just before Christmas to the Justice and Home Affairs Committee of your Lordships’ House, which I am lucky enough to chair, the Home Secretary said that guidance for caseworkers was to be made shorter and easier to use. Can the Minister reassure the House that the Home Office is consulting experienced counsellors and therapists in the redesign so that the individual circumstances and experiences of each applicant can be properly assessed?

[Lord Murray of Blidworth (Con)]

Yes. Any such revised guidance will take into account input from a whole range of stakeholders, no doubt including those of the type mentioned by the noble Baroness.

[Lord Browne of Ladyton (Lab)]

My Lords, I know from my own experience when I was Minister for Immigration that when backlogs are large it is imperative to look after the most vulnerable people in custody. Why then did the Home Secretary end the system of annual investigations into the treatment of vulnerable adult detainees? Is the detention system working so well now that these investigations are no longer necessary, or are there some other protections for those people to ensure that the welfare of vulnerable adult detainees has not been compromised?

[Lord Murray of Blidworth (Con)]

Certainly the inspection of detention facilities will continue. I am not aware of any change in policy in relation to the particular category of detainees that the noble Lord mentioned, but I will make inquiries in the department and write to him on that.

[Lord Hannay of Chiswick (CB)]

My Lords, would the Minister tell the House what provision in the refugee convention, of which we are a party, permits us to refuse to even consider the asylum request of someone who arrives, irrespective of how they arrive?

[Lord Murray of Blidworth (Con)]

As the noble Lord will be aware, in the Rwanda decision, the High Court considered the application of Article 31 of the refugee convention. I commend the High Court’s reasoning to the noble Lord in answer to his question.

[Baroness Berridge (Con)]

In the debate in the name of the most reverend Primate the Archbishop of Canterbury, there was much discussion of the Ukraine situation and Hong Kong. To the general public, those schemes seem like asylum to a place of safety, but in fact they are technically visa schemes. Could my noble friend the Minister outline that we do not seem to have the same problem in relation to those schemes? If he does not have the figures to hand, could he write to confirm what the average wait time is for vulnerable groups applying for those visas?

[Lord Murray of Blidworth (Con)]

My noble friend is correct. I do not have to hand the figures on the wait for BNO applications from Hong Kong, which I think was the thrust of her question. I will find that out and write to her.

[Lord Leong (Lab)]

My Lords, on 13 December 2022, I asked the Minister about the post-traumatic stress disorder suffered by Hong Kongers who fled the crackdown by the ruling Communist Party and are currently seeking asylum here. I asked him:

“What assessment have the Government made to identify those suffering from PTSD?”


He replied:

“On the BNO Hong Kong cohort, I do not have the answer, and I will write to the noble Lord in relation to it.”—[Official Report, 13/12/22; col. 551.]


I am still waiting for that answer.

[Lord Murray of Blidworth (Con)]

I am sorry to hear that the noble Lord has yet to receive an answer. I will chase it and endeavour to get a response to him as soon as I can.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, in his reply to the noble Lord, Lord Hannay, the Minister referred to a judgment which no doubt is available for anyone to read. However, for the benefit of the House, would he be prepared to summarise it? That would give an answer to the noble Lord’s question: what, in particular, allows the Government to discriminate between asylum seekers who arrive by one method and those who arrive by another?

[Lord Murray of Blidworth (Con)]

The 1951 convention describes the categories of people who might seek protection from their native country, and, as a result, they are entitled to make a claim for asylum. There is nothing in the text of the convention which limits the receiving nation state’s obligation to consider applications from various classes of nations. That is why we have international agreements; for example, when we were members of the European Union, there was an agreement that other European Union member nations were not able to lodge asylum claims within the United Kingdom.

[Lord Kerr of Kinlochard (CB)]

Would the Minister agree that it would be better if those waiting in that internal queue were able to work—better for them, the Exchequer and the country?

[Lord Murray of Blidworth (Con)]

I am afraid that I must disagree with the noble Lord. It is clear that one of the major pull factors for people crossing the channel is that they hope to work in Britain. Legally allowing people to work would increase the pull factors for them to embark on dangerous and illegal journeys across the channel.

[Lord Coaker (Lab)]

My Lords, time after time, we hear the Minister try to explain away the chaos of the Government’s asylum policy. Time after time, new legislation is announced, chasing headlines. Time after time, the Chamber hears the appalling asylum case figures, with the shocking human consequences, as we have just heard again today. I will ask about one example: when will the doubling of asylum caseworkers to 2,500, as briefed by the Prime Minister last year, happen? Yesterday, the Minister could not confirm that the recruitment of those caseworkers had even started. It is a shambles, is it not?

[Lord Murray of Blidworth (Con)]

The Home Office currently employs about 1,280 asylum decision-makers and will double the number of caseworkers to help to clear the asylum backlog by the end of next year. Recruitment and retention strategies are in place, with the aim of increasing staffing, reducing the output in the number of cases awaiting a decision and increasing outputs of decisions. We have increased the number of asylum caseworkers by 112%, from 597 staff in 2019-20. We will recruit more decision-makers, which will take our expected number of decision-makers to 1,800 by summer 2023 and to 2,500 by September. We have implemented a recruitment and retention allowance, which has reduced decision-maker attrition rates by 30%, helping us to retain experienced asylum decision-makers.

[Lord Purvis of Tweed (LD)]

My Lords, at the end of October, 222 unaccompanied minors were unaccounted for in the system. In November, I asked the Minister what the figure was, and he said that he did not know. The Government have presumably made major progress on unaccompanied children in the system, so how many are currently unaccounted for?

[Lord Murray of Blidworth (Con)]

As the noble Lord knows, local authorities have a statutory duty to protect all children, regardless of where they go missing from. On the concerning occasion when a child goes missing, those local authorities work closely with local agencies, including the police, urgently to establish their whereabouts and ensure that they are safe. Ending the use of hotels for unaccompanied asylum-seeking children is an absolute priority for the Government. We will have robust safe- guarding procedures in place to ensure that all children in our care are as safe and supported as possible, as we seek urgent placements with a local authority.