Rwanda Asylum Partnership
Lord Paddick Excerpts(3 years, 9 months ago)
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Lord Sharpe of Epsom (Con)
As I answered to the noble Lord, Lord Purvis, I will absolutely take that back to the Home Office and see what can be done.
Lord Paddick (LD)
My Lords, the United Nations High Commissioner for Refugees, in a written submission to the High Court this year—not a previous year—said:
“There should be no transfers of asylum seekers from the UK to Rwanda under the UK-Rwanda Arrangement.”
It said there was “a serious risk” of human rights abuses and a serial disregard for international law in Rwanda. The UNHCR has clearly changed its mind. Why will the Government not change theirs?
Lord Sharpe of Epsom (Con)
My Lords, I have already stated that we are of the firm opinion that Rwanda complies with international law. I go back to my earlier answer: under the scheme I described earlier, the emergency transit mechanism under the aegis of the UNHCR, Rwanda has welcomed and integrated more than 500 individuals who were evacuated from Libya. Personally, I am at a bit of a loss to understand why the UNHCR seems to take this line with us when it is doing it itself.
Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2022
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Lord Paddick (LD)
My Lords, I thank the Minister for introducing this order. As he just said, criminality is increasingly cross-border and anything that mitigates the reduction of the UK’s ability to tackle international crime as a result of the UK leaving the European Union has to be welcomed. I have only a couple of questions.
Paragraph 8.1 of the Explanatory Memorandum to the order states:
“This instrument does not relate to withdrawal from the European Union.”
Yet paragraph 6.3 explains that Switzerland is included in this order because it was previously included
“on the basis of the Cooperation Agreement between the European Community and its Member States on the one part, and the Swiss Confederation, on the other part”—
the so-called “Swiss Agreement”. Paragraph 6.5 states,
“When the UK left the European Union (“EU”), the obligations that previously applied to the UK as a member of the EU, under the Swiss Agreement, ceased to apply.”
Albeit only in relation to Switzerland, it appears that this instrument does relate to withdrawal from the European Union. Will the noble Lord explain? Will he also explain why these countries—Georgia, Lichtenstein, Luxembourg, Moldova, Switzerland and Turkey—have now been included and why now, bearing in mind that the primary legislation dates from 2003 and the 1959 convention was ratified in 2010? I am reassured that Russia is not included as part of this instrument, and we support the order.
Lord Coaker (Lab)
My Lords, I agree with the noble Lord, Lord Paddick, and the Labour Benches support the order. I have a couple of questions. Luxembourg was the latest country to ratify the second additional protocol in 2021. When did the other states in this order ratify it? Is there any reason why we have waited until now to designate them?
Brexit impacted some of the collaboration we had on criminal matters with Switzerland, as the noble Lord, Lord Paddick, mentioned, and the statutory instrument will rectify that. Were there any other consequences on international co-operation from Brexit? Have they also been rectified? Are there any other countries apart from Russia—I totally agree with what the Minister said—we wish to designate but are unable to at present? If so, which are they?
The order refers to Sections 47 and 48 regarding prisoner transfer if consent is given. What happens if consent is refused, if a prisoner does not agree? What then takes place? Is there a process or are there other ways by which a prisoner can be moved between countries? Are all the arrangements outlined in this protocol reciprocal? How many requests do we typically make under this Act each year? One of my favourite questions: this order relates to England, Wales and Northern Ireland; will the Minister explain how Scotland operates with respect to this protocol?
Lord Sharpe of Epsom (Con)
My Lords, I should say I thank all noble Lords, but I can be specific: I thank the noble Lords, Lord Coaker and Lord Paddick, for contributing to this debate. As I set out at the start, this instrument will enhance mutual legal assistance with these six countries and strengthen the UK’s overall ability to combat transnational crime. Mutual legal assistance is a critical tool in tackling cross-border criminality and promoting a pathway to justice here in the UK and overseas. As we have all said, this form of international co-operation has never been more important. Not only does it help to ensure that borders are not barriers to justice, but it allows us better to defend our public safety interests.
To go on to the specific points that have been raised, I am grateful to both noble Lords for supporting the non-designation of Russia at this time. I will have to come back to the noble Lord, Lord Coaker, on his question about other countries that may have been non-designated in the past, because I do not know the answer. I will find out.
The noble Lord, Lord Paddick, asked about Switzerland and the EU and why we are redesignating Switzerland. Its designations for certain sections of the 2003 Act were removed following the UK’s departure from the EU, as the co-operation agreement between the European Community and its member states on the one part, and the Swiss Confederation on the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, also known as the Swiss agreement, no longer applied. However, Switzerland remains a signatory to the 1959 European Convention on Mutual Assistance in Criminal Matters and its additional protocols, so it has been determined that it should be redesignated for the relevant provisions of the 2003 Act. Inasmuch as that relates to the EU, the question is correct: our departure from the EU meant that we had to redesignate Switzerland. Switzerland is obviously an important partner in the fight against cross-border crime and it is important legally and operationally for the UK to seek and provide effective assistance.
I hope I can reassure the noble Lord on whether there has been any capability gap between the UK and Switzerland in the period since the 2019 regulations and this order. We are unaware of any requests which have not been facilitated while these additional Swiss designations have not been in place.
Lord Paddick (LD)
Is it right then that what the Explanatory Memorandum says about this order being nothing to do with the UK’s withdrawal from the EU is wrong?
Lord Sharpe of Epsom (Con)
I am reluctant to comment on the Explanatory Memorandum, simply because I have not read it. It sounds like it is, from what the noble Lord has said. I will seek clarification on that.
Both noble Lords asked why these countries are being grouped together. To be honest, it is in the spirit of efficiency and maximising the use of parliamentary time. It was decided that one instrument should be used to make a number of designations, rather than designating Switzerland and the other countries listed through separate instruments.
The countries that have ratified the second additional protocol to the European Convention on Mutual Assistance in Criminal Matters 1959 since the previous designation in 2013 are those that we have listed. I will not run through them again, but the most recent country to ratify was Luxembourg, which did so in 2021.
The noble Lord, Lord Coaker, asked for the total number of outgoing MLA requests sent to all countries over the past few years. I can run through them in detail. In 2017, the number of outgoing requests was 346; in 2018, it was 350; in 2019, it was 320; in 2020, it was 235; and in 2021, it was 371, making a total of 1,622. I can go into much more detail on incoming requests if the noble Lord wishes me to, but I hope he does not. I will also more than happily come back to him on the reciprocal question that he asked because I do not have the information on that to hand.
Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022
Lord Paddick Excerpts(3 years, 10 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I beg to move that the order, which was laid before this House on 18 July, be approved.
Following the horrific terrorist attack at Fishmongers’ Hall in November 2019, the then Home Secretary commissioned the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, to review the Multi Agency Public Protection Arrangements, commonly referred to as MAPPA, used to supervise terrorist and terrorist-risk offenders on licence in the community.
The Police, Crime, Sentencing and Courts Act 2022, hereafter referred to as the 2022 Act, established three new powers for counterterrorism policing: a personal search power, a premises search power, and a power of urgent arrest. These powers were established in response to recommendations made by Jonathan Hall KC following his review of MAPPA.
This order relates to the new power of personal search, the creation of which was also recommended by the Fishmongers’ Hall Inquests—Prevention of Future Deaths report. The personal search power has been inserted into the Terrorism Act 2000, in new Section 43C, by the 2022 Act. The new search power came into force on 28 June this year.
As was set out by the Government during the passage of the 2022 Act, the new personal search power applies across the UK, enabling the police to stop and search terrorist and terrorism-connected offenders released on licence who are required to submit to the search by their licence conditions, should the Parole Board determine such a condition is necessary. The officer conducting the stop and search must also be satisfied that it is necessary to exercise the power for purposes connected with protecting members of the public from a risk of terrorism.
Section 47AA of the Terrorism Act 2000 imposes a requirement on the Secretary of State to prepare a code of practice containing guidance about the exercise of search powers that are conferred by that Act. In June, Parliament approved regulations laid by the Government that amended Section 47AA so that it extends to cover the new personal search power inserted into the Terrorism Act 2000 by the 2022 Act. This created a requirement for the Secretary of State to prepare a revised code of practice that includes guidance on the exercise of the power conferred by new Section 43C.
We have duly prepared a draft revised code of practice, and this order seeks Parliament’s approval to bring the revisions we have made to the existing code of practice into force.
I will now set out the nature of the revisions the Government have made. The primary update to the code of practice is the incorporation of the new stop and search power provided for by Section 43C of the Terrorism Act 2000. The revised code sets out important parameters that govern the use of the Section 43C power and provides clarity for police officers on the power’s scope. This includes providing guidance on the thresholds to be met before the section 43C power can be used, scenarios in which it might be appropriate for use and the powers of seizure associated with the search power.
We have also set out clearly within the revised code the limitations on the clothing that a person can be required to remove when the Section 43C power is being exercised by the police. In keeping with existing stop and search powers, police officers exercising the Section 43C power may not compel a person to remove any clothing in public except for an outer coat, a jacket or gloves, and an intimate search may not be authorised or carried out under the new power.
The new Section 43C stop and search power has been specifically created to help manage the risk posed by terrorist offenders on licence who are assessed to be high or very high risk to the public. The Government plan to collect data from police forces on the use of this targeted power, as we routinely do for other stop and search powers, and make this data publicly available through future statistical publications.
Given that the existing version of the code was brought into force in 2012, the Government have also taken this opportunity to make other minor changes to the code to ensure that it accurately reflects current practice, legislation, terminology and organisational responsibilities. The updated code reflects the creation of police and crime commissioners and structural changes to other police authorities, including the creation of authorities overseeing combined police areas.
We have also ensured that organisational names have been updated, for example replacing previous references to the Association of Chief Police Officers’ counterterrorism co-ordination centre—it does not trip off the tongue—with up-to-date references to the Counter Terrorism Policing national operations centre.
The revised code also includes a new paragraph which references the Children Act 2004, and its Scottish equivalent, to highlight the need for the police to ensure that in the discharge of their functions they have regard to the need to safeguard and promote the welfare of all persons under the age of 18. Although this is not a new policy, the Government considered it important when revising the code for safeguarding duties such as this to be made explicit.
In addition, we have used this opportunity to make other minor but necessary amendments, such as updating links and contact details within the code, including refreshing the web address where the most up-to-date version of the Government’s counterterrorism strategy, known as Contest, can be found.
In the course of revising the code, the Home Office has consulted the Lord Advocate and other appropriate persons and organisations, including the Independent Reviewer of Terrorism Legislation, Counter Terrorism Policing and Police Scotland, all of which are supportive of the approach being taken.
The revised code promotes the fundamental principles to be observed by the police and helps preserve the effectiveness of, and public confidence in, the use of police powers to stop and search under the Terrorism Act 2000. I very much hope that noble Lords will support these alterations to the code of practice.
Lord Paddick (LD)
My Lords, I congratulate the Minister on his elevation to Home Office Minister. If it were me, I would also be thinking, “Oh goodness, what have I done?”, but I am sure he will be excellent in his new role. I thank him for explaining this order. As when we considered the primary legislation that lies behind this order, clearly we are supportive of the changes in the legislation. We know from the tragedy at Fishmongers’ Hall how the risk posed by offenders on licence is an inexact science. These additional powers for the police to stop and search people on licence on the recommendation of the Parole Board are an important tool in trying to manage that risk and act as a deterrent to those on licence from carrying out the sort of appalling attacks that we saw at Fishmongers’ Hall.
As the Minister explained, the order is about the revised code of practice, which is quite a lengthy document. We are here to hold the Government to account for, in this case, the changes that have been made to the extensive code of practice. I understand the issues around the change in the legislation and Section 43C but, as the Explanatory Memorandum and the Minister have explained, a series of other amendments have been made to the code. The Explanatory Memorandum says that these “include”, and then gives a list of those changes, as the Minister explained. It would be extremely helpful to have a “track changes” copy of the code of practice so that we could see exactly what the changes are to the revised code of practice. Although the changes to incorporate the new Section 43C are fairly obvious, as I say, the others are difficult to find in among the code of practice. However, this is an important step forward in terms of giving these additional powers to the police for those who may pose a risk after they have been released from prison, and it is important for the police to have a code of practice to go with those changes. Having said that, we are supportive of the order.
Lord Coaker (Lab)
I congratulate the noble Lord, Lord Sharpe, on his promotion and wish him well in his task—not too well, perhaps, but pretty well. But seriously, I know that he will be diligent in the execution of his duties and will work with his usual co-operative manner.
We too support what is obviously a very sensible and necessary step forward by the Government. I have a couple of questions that I want to ask. The Fishmongers’ Hall attack clearly highlighted some problems, which the independent reviewer took up and made recommendations about. It is good that the Government have reacted and responded to that. Along with the noble Lord, Lord Paddick, we support what they are doing here.
The order is called the Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022. It revises the code of practice with respect to those three, yet its extent is to the whole of the UK, which includes Northern Ireland. I do not quite understand how a code that relates to three parts of the UK extends to all four. You would expect the title to refer to England, Wales, Scotland and Northern Ireland.
We all appreciate the sensitivity in Northern Ireland, but can the Minister explain how a British order, which does not include Northern Ireland, extends to the whole of the UK, as in the notes? If there has been widespread consultation, does that include Northern Ireland and who has it been with, notwithstanding that the Northern Ireland Assembly has not been sitting? I just do not understand the process or how that works. I am sure there is a very simple reason laid out by somebody, but I cannot find it. I do not understand this, but it is laid out in the order.
The Explanatory Memorandum says that this new power can be used with a convicted terrorist who is released on licence, provided that a search power is included in the licence. Can the Minister explain for all our benefit in what circumstances a terrorist released from prison would not have a search power included in their licence? If that were the case, what power would a police officer or whoever else have with respect to a potential terrorist?
One would assume—the noble Lord, Lord Paddick, would know better than me—that if a police officer thought a terrorist act was about to be committed, they would have a power to try to do something about that. If that is the case, why would you have a new power included in the Act? In other words, what is the purpose of including the search power in the Act and in what circumstances would you not have that anyway? That would be interesting to know.
Can the Minister say a little more about the thresholds? It seems to me that in most cases, and particularly in Section 43C, we are talking about powers to search without suspicion. What are the thresholds for that? Is that where the officer has a belief that a terrorist act is going to be committed, even though they have no grounds for that? How does that happen?
As the noble Lord, Lord Paddick, quite rightly said, there are a number of changes. The Government talk about minor changes being made, but it is very difficult to understand what those changes are and to track them through. For example, the Minister said that there are examples in the code of what a police officer can or cannot do with respect to clothing or in a public place. Is this the same or has that changed as a result of the new power that this secondary legislation gives to police officers? Is there any change in relation to who can carry out the search—for example, a female officer searching a male terrorist, or the other way around?
The Minister talked about children and this applying to children under 18. Is there a lower age limit? What do we mean by children? I understand that children means those under 18, but is there a lower limit or does this apply to anybody, irrespective of age, who a police officer believes may be about to commit a terrorist act?
As the noble Lord, Lord Paddick, said, the questions we have laid out are important because public confidence, particularly in the use of stop and search without suspicion, is of real importance. I would be keen to hear what steps the Government have taken to ensure that public confidence has been and will be sought in some of these situations. One can imagine the difficulty for the police operating in communities where this power might be used and the sensitivity of it.
Rwanda Asylum Partnership: Removal of Unaccompanied Children
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Lord Paddick (LD)
My Lords, I thank the noble Baroness, Lady Lister of Burtersett, for securing this debate. We debated age assessment at length during the passage of the Nationality and Borders Bill, the difficulty in accurately assessing the age of children and the danger that unaccompanied asylum-seeking children might be wrongly identified as adults and removed to Rwanda. I agree with everything that was said in the comprehensive opening by the noble Baroness, Lady Lister, and reinforced by other noble Lords—perhaps with the exception of the noble Lord, Lord Lilley, who said many things with which I would take issue if I had more time.
Evidence in the High Court this week has cast doubt on the whole Rwanda scheme, with UK officials apparently repeatedly telling the Government not to strike a deal with Rwanda over asylum seekers, according to court documents, as reported in the Independent newspaper. Rwanda was initially excluded from the shortlist of potential partner countries on human rights grounds. The UK high commissioner in Rwanda indicated the country should not be pursued as an option because it has been accused of recruiting refugees to conduct armed operations in neighbouring countries, has a poor human rights record and has been criticised by the UK for extrajudicial killings, deaths in custody, enforced disappearances, torture and crackdowns on anyone critical of the regime.
In February 2021, Rwanda was not recommended as it was rated amber/red for human rights, its asylum system and political feasibility, questioning whether mitigation measures would provide a respectable case against legal challenge. Officials in the Foreign Office continued to advise No. 10 against engagement in May 2021, suggesting Rwanda does not have a functioning asylum system in compliance with refugee convention obligations. A draft of the official government guidance, published after the deal was announced in April, had been sent to the Rwandan Government for review. They flagged a number of points of concern on the evidence base on human rights in Rwanda, and the Home Office changed the document based on their comments. Parts of the documents covering Rwanda’s previous asylum deal with Israel, which was ruled illegal by the Israeli Supreme Court, have been redacted by the Home Office’s legal team.
Numerous memos were circulating in the Foreign Office raising concerns about Rwanda’s human rights record and violations of the political opposition or those who oppose Rwanda’s president. The criticisms go on and on—and these are government documents that have been declared to the High Court. On April 12, the day before the agreement with Rwanda was signed, an internal government memo said the agreement was
“unenforceable, consisting in part of upfront payments, meaning fraud risk is very high.”
This is just some of the evidence, with more disclosure to come. Rwanda is no place to send any asylum seekers, let alone children.
There is no foolproof way of assessing age, as noble Lords have said. There is a real danger of highly vulnerable children being further traumatised—wrongly traumatised—by being sent to Rwanda if the Government proceed with this inhumane policy.
Slavery and Human Trafficking (Definition of Victim) Regulations 2022
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Lord Paddick (LD)
My Lords, I thank the Minister for explaining these regulations. It is probably totally out of order but, if I may, can I commend her for demonstrating selfless integrity by her intervention at the weekend?
I am very grateful to the noble Lord, Lord Coaker, for tabling this regret amendment, which we support. We agree with him, the House of Lords Secondary Legislation Scrutiny Committee and organisations such as CARE—Christian Action, Research and Education—that there should have been formal consultation before the Government came up with the definitions of victim of modern slavery and victim of human trafficking. Without consultation with the anti-trafficking sector, any definition used to determine whether someone is a victim of modern slavery is likely to wrongly exclude victims from the support and protections to which they are entitled.
It was clear from the debates that we had in this House that the whole impetus of the Nationality and Borders Act was to reduce abuse of the national referral mechanism, and it is likely that these definitions are consistent with the Government’s approach in that Act. In fact, when we debated the legislation, my assessment was that all the provisions of Part 5 were about making it more difficult to be recognised as a victim of modern slavery and tightening the restrictions on the support available. In particular, as the noble and learned Baroness has just said, the change to
“significantly impair the person’s ability to protect themselves from being subjected to slavery, servitude or forced or compulsory labour”,
compared with the language in the Modern Slavery Act, which states
“which may make the person more vulnerable”,
appears to be a significant restricting of the definition.
I pay tribute to the honourable Jess Phillips MP for her passionate and detailed critique of these regulations when this draft statutory instrument was considered in Committee in the other place, based on her own experience as a first responder in the NRM process and her subsequent casework as an MP. Many other organisations agree with her that the definitions raise the threshold for identification; set a definition of exploitation that is far too narrow; are not in alignment with international law; do not distinguish between adult and child victims; do not explicitly include criminal exploitation; do not feature “practices similar to slavery”, as detailed within ECAT; and overemphasise arranging or facilitating travel.
Yet again, the Government have taken the cavalier approach of saying they can interpret something—in this case, the European convention against trafficking, ECAT—in whatever way they think fit, when even the Secondary Legislation Scrutiny Committee concludes that the definitions in the SI make the situation even more unclear, the exact opposite of what the Government claim to be doing. I agree with the noble and learned Baroness, Lady Butler-Sloss, about the enormous progress made by the Modern Slavery Act, significantly improved by this House, but these regulations and the Nationality and Borders Act row back from that progress.
In conclusion, this statutory instrument appears to narrow the definition of who can be recognised as a victim of modern slavery or trafficking and to create confusion rather than clarity, both of which could have been remedied through a formal consultation process, which was not undertaken. We support this regret amendment.
Baroness Williams of Trafford (Con)
My Lords, I thank all noble Lords who have spoken in this debate, both for their contributions and for their continued engagement on what is clearly a very important topic for us all. I join the noble and learned Baroness, Lady Butler-Sloss, in paying tribute to the right honourable Theresa May for all that she did on modern slavery. I think that, ultimately, we all have the same goal: to ensure that victims of modern slavery are identified and supported.
Before I turn to some specific points raised, I highlight again that in drafting these regulations, our focus has been on achieving alignment with the definitions currently used operationally and set out in the existing statutory guidance for England and Wales and the equivalent non-statutory guidance for Scotland and Northern Ireland. I was most grateful to be able to speak to the noble Lord, Lord Coaker, earlier. One thing that noble Lords quite often do, particularly during the passage of legislation, is request of me that they can see draft regulations before they are brought forward to the House. It is something that was not requested on this occasion, but I would say that, generally, where they are available, I am always happy to share them with noble Lords.
As for some of the other engagement processes that we have undertaken, during the engagement our approach to align the definition with ECAT and the Palermo Protocol was welcomed. We have ensured that this advice is reflected in the draft regulations, which align with ECAT and existing definitions set out in statutory guidance and allow for identification of victims of currently unknown forms of human trafficking or slavery. There has also been a thorough engagement process within the Home Office and with partners such as the police and other first responders, to which noble Lords referred, particularly the noble and learned Baroness, Lady Butler-Sloss, to thoroughly identify potential risks and ensure that no unintended consequences or impacts arise from the regulations. The cost and time considerations of running a full public consultation following the new plan for immigration consultation therefore outweighed the potential benefits, given the opportunities to engage on the issues relating to the regulations, but I think we can all agree that there is something to be learned from this process.
Noble Lords also mentioned the report of the Delegated Powers and Regulatory Reform Committee. The committee expressed one concern: that the powers conferred by what was then Clause 68(1) gave Ministers unlimited discretion to define the terms, rather than setting out in the Bill that they should reflect the provisions of Article 4 of ECAT and Article 4 of ECHR, as intended.
We have ensured that the definitions reflect those international provisions in their drafting, and the committee did not raise any other concerns that the regulations would not receive sufficient scrutiny. However, we recognise the evolving nature of these types of exploitation, and the Government can commit to keeping the terms of the regulations under review in the light of operational experience in the Home Office. The Nationality and Borders Act will also be subject to post-legislative scrutiny three to five years after Royal Assent. These regulations can be considered in that review.
The noble Lords, Lord Alton and Lord Paddick, talked about the definition of “exploitation” being too narrow and said that the drafting fails to consider the specific circumstances of child victims. It is very important that a range of factors are taken into account when considering whether an individual is a victim of slavery. It does not diminish the consideration of age at all. This way of drafting means that the list is inexhaustive and allows decision-makers to bring in various other conditions or factors relating to the individual’s circumstances, including of course their age. The regulations are compliant with ECAT and we make it clear that they allow for different types of exploitation which emerge over time.
The noble Lord, Lord Coaker, posited that the definitions are limited and do not include practices similar to trafficking, including debt bondage, forced marriage and certain forms of exploitation, including criminal exploitation. As I have said, the definitions as drafted in the regulations provide scope for various forms of human trafficking and slavery to be identified that are not explicitly defined. This is set out in statutory guidance. For example, criminal exploitation is covered by the definition of either human trafficking or slavery, depending on the precise nature of that exploitation, and will remain as currently defined in the statutory guidance. Regulation 3(6)(d), which includes force, threats or deception to induce the provision of services, would cover child soldiers, given the low threshold at which a child would be deemed to have been forced, threatened or deceived, and exploiting children for illicit activities. In the current statutory guidance, debt bondage is set out as a situational and environmental indicator of modern slavery and will remain as such.
Similarly, the current guidance on adoptions and forced marriage will remain the same. For forced marriage, for instance, this is set out in paragraph 2.65 of the statutory guidance. The Government’s position on illegal adoption is covered in the statutory guidance at paragraphs 2.61 to 2.64. While there are restrictions on arranging adoptions, as set out in Sections 92 and 93 of the Adoption and Children Act 2002, whether this will constitute forced or compulsory labour depends on circumstances. The position will remain the same. More broadly, slavery includes many of these practices. Debt bondage, which the noble and learned Baroness, Lady Butler-Sloss, referred to, and forced marriage mean exercising control over someone in a way that significantly restricts their liberty. The guide is Article 4 of the ECHR, in relation to which slavery is interpreted in the regulations by virtue of Regulation 1(3).
Noble Lords have also raised concerns about the compatibility between these regulations and ECAT. I stress that the definitions set out in the regulations are compliant, as I have just said, with our international obligations, including ECAT, and align with existing operational practices. They will ensure that potential victims are identified and that those involved in identifying victims have very clear parameters on which to rely. They are compliant because, put simply, the activities and forms of exploitation mentioned in ECAT are covered by the draft regulations. Following the approach of ECAT, we have intentionally avoided including reference to all specific forms in recognition, again, of the evolving nature of trafficking and slavery, and so as not to exclude victims of currently unknown forms of exploitation.
Information Commissioner’s Office Report
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Baroness Williams of Trafford (Con)
That point about “If you don’t comply” is absolutely the opposite of what the Home Office, the police and the CPS’s approach will be. The aim is to encourage victims through a very clear process on whether to hand over digital information. Our aim is to have that processed within 24 hours, because it is not right that someone feels compelled to hand over their phone or feels that the prosecution will not go accordingly if they fail to do so.
Lord Paddick (LD)
My Lords, yet again it appears that the law, and the rules set by the police and the CPS restricting access to rape victims’ sensitive personal information, are not making a practical difference. Is this not a reflection of a culture in the police, the CPS and the courts that does not treat women fairly? What will the Government do to address this?
Baroness Williams of Trafford (Con)
I cannot disagree with the noble Lord that the rape review and the things we are doing for victims now are long overdue, and that there has been a culture along the chain of letting women down. Indeed, we should be making sure, and we are, that both referrals and prosecutions go forward.
Ukraine Refugees: Mothers and Dependent Children Arriving in the UK
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Lord Paddick (LD)
My Lords, I thank the noble Lord, Lord Loomba, and I join the noble Lord, Lord Cormack, and others in paying tribute to the work of his foundation’s global campaign to eradicate discrimination against widows, following the way his mother was treated after the tragic death of his father.
I also pay tribute to my noble friend Lady Sheehan for hosting Ukrainian families. The fact is that the majority of those arriving in the UK from Ukraine have been women, as men have stayed behind in Ukraine to fight. Many of these women are mothers with dependent children.
My primary concern is with these refugees being made homeless, which will affect their welfare, safety, schooling and path towards self-reliance. Although the majority of these refugees came to the UK hoping that their stay would be only temporary, the war shows no sign of ending and the conditions that would enable them to safely return to Ukraine show no sign of coming about in the foreseeable future, as other noble Lords have said.
Concerns about homelessness are twofold. The first is where the relationship with the sponsoring household, which initially agreed to provide shelter to Ukrainian refugees, has broken down, whether they are family members or those with no previous relationship with the refugees. I have seen stories in the media of relatives who have agreed to host Ukrainian refugees, but even that relationship has broken down.
The second is what will happen when the six-month commitment for sponsoring households under the Homes for Ukraine scheme comes to an end. No doubt the Minister will say that many refugees, if not the majority, are happily integrated with their sponsor families, as we heard from my noble friend Lady Sheehan, and that these sponsoring families have been vetted and can claim universal credit. But, as we heard from the noble Lord, Lord Moynihan, there is a problem with universal credit: it has to be paid into a bank account. To get a bank account, you need a national insurance number and to prove that you are in the UK lawfully. You can see how difficult it must be for people to get to the point where they are paid universal credit. Yes, they have access to the NHS and to local schools. The noble Lord, Lord Cormack, paid tribute to his local authority for placing refugee children in local schools.
In going to claim universal credit, they are being given help into work, but we have again heard about the difficulties around that, including difficulty getting to the jobcentre. Many of these refugees have degrees or postgraduate qualifications, yet some of their experience is that the jobcentres just want to put them into whatever job is available, including perhaps jobs on extremely low pay that nobody else wants to do, which is very difficult for them.
In addition to the concerns that other noble Lords have expressed, on 27 June CNN reported that 660 Ukrainian households had sought homelessness assistance from local authorities between 24 February and 3 June, although a quarter of local authorities have yet to provide any data. A translator working for a local authority called one single woman and said, “You have nowhere to live; they are evicting you tonight”. She turned down a place at a homeless hostel because of fears for her safety. After fleeing war, arriving in a foreign country as a woman on your own and then being offered a place in a homeless hostel is not ideal.
Although councils have access to a rematching system allowing people in situations where the relationship has broken down to be matched with another sponsoring family, charities claim that the facility came late and remains inconsistent and difficult to access. Half of those who sought homelessness assistance are now in temporary accommodation. These refugees are already traumatised and fearful. Another refugee who suffered days of bombardment and a terrifying close encounter with a group of armed Russian soldiers in her home said that her experience in the UK was worse. She is reported as saying:
“It upset me so much that I felt I was going through more stress right now, when I understood I had to pack my bags, than I did in my basement in [Ukraine].”
Can the Minister explain what support local authorities have been provided with to help those suffering such trauma? Why is no coherent rematching scheme in operation?
UK hosts were asked to commit to hosting Ukrainian refugees for only six months. What arrangements do the Government have in place for September when that initial commitment ends? Byline Times on 5 July reported concerns that there is little understanding of the trauma that families have been through or the worries about relatives left behind. What arrangements are the Government putting in place for when the £350-per-month payments to hosting families end after 12 months?
What plans do they have to take account of the increase to the cost of living, predicted to be in excess of 10%, on host families and refugees, particularly those unable to access universal credit? My understanding is that the £200 that my noble friend Lady Sheehan referred to is an initial payment that each refugee receives on arrival to tide them over and enable them to get essential items before universal credit kicks in. Are there any plans to increase that in line with inflation? Can the Minister also confirm that benefit recipients will benefit from the increase in line with inflation that is rumoured to happen later this year?
Many refugees are apparently concerned that the Government will not take responsibility if increasing numbers of Ukrainians become homeless either because a rift develops between them and their host family or because the host can no longer afford to keep them. What can the Minister say to reassure Ukrainian refugees, particularly mothers with dependent children?
Immigration and Nationality (Fees) (Amendment) Regulations 2022
Lord Paddick Excerpts(4 years, 1 month ago)
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Baroness Prashar (CB)
My Lords, I thank the noble Baroness, Lady Lister, for moving this Motion of Regret, and for her introduction. I thank the noble Lord, Lord Russell, for his contribution also. I support all the points they have made, so I will not elaborate on them further. But I want to underline and reinforce the points they made because we are talking about children who have a statutory right to citizenship, and to put so many obstacles in their way seems to me to be totally disproportionate and, as we said, cannot be morally justified.
Picking up on the point made by the noble Lord, Lord Russell, I think it would be very helpful if the Home Office published the assessment of what are the children’s best interests, because it would be helpful to know what they are. It would be helpful also if it can provide confirmation, and a more detailed explanation, of the steps being taken to ensure the citizenship rights of all looked-after children are being secured by their local authority.
Of course, we need to review the application form and guidance to decision-makers on the fee waiver to ensure that the waiver is accessible, because we have heard how complicated it really is. I think the Government need to end the charging of citizenship registration fees at above the administrative cost and the subsidising of the immigration system from statutory citizenship rights. As I said, I do not understand why this should be subsidised through this particular source. They also need to remove the review fee for looked-after children and children for whom a waiver of the registration fee has been granted. These are a few things which it would be helpful if we could actually argue.
I have not been part of the terrier group so far, but when I saw the regret Motion and had a conversation with the noble Baroness, Lady Lister, I was moved to stay on and add my support to this regret Motion. I very much hope that we will get some confirmation and some concessions from the Home Office.
Lord Paddick (LD)
My Lords, I am very grateful to the noble Baroness, Lady Lister of Burtersett, for bringing this regret Motion and for so comprehensively setting out the grounds for it.
Time after time in this House and in Grand Committee, other noble Lords and I have questioned the policy that border and immigration systems have to be self-funding. The argument that those using the system should pay for it could just as easily be made for other systems such as the education system or the National Health Service. To say that only those who apply for a passport or visa or for UK nationality use or benefit from border and immigration services is clearly false. Everyone in the UK benefits from border control and control over who receives temporary or permanent leave to remain in the UK, and from the granting of UK citizenship. For example, in terms of counterterrorism, it has been shown that those people who acquire British citizenship are far more likely to show loyalty to the country than those who do not.
The premise is also false in that citizens from EU, EEA and 10 other countries benefit from visa-free entry to the UK and use Border Force services to enter the UK—none of whom at this time pays a penny towards the cost of border control or immigration services. Not only are those who apply for a UK passport, a visa to enter the UK or UK citizenship subsidising border and immigration services that benefit all UK citizens; they are also subsidising hundreds of thousands of foreign visitors who enter the UK every year without the need for a visa.
When asked why the Home Office is unique in being required to make border and immigration services self-funding, the only answer is, “Because this is government policy.” Can the Minister tell the House why it is government policy, and why, for example, the NHS is not required to be self-funding? The safety and security of the people is supposed to be the Government’s primary responsibility, yet a major part of ensuring that—ensuring that foreign criminals and others not conducive to the public good do not enter the UK, for example—has to be self-funding. Why?
On the other aspect of the regret Motion, whether it is in the best interests of children to charge them for securing their right to UK citizenship, let alone £596 over the cost of processing an application, the answer is clearly no. Let us imagine the case of a young person who has come to the UK as a young child, whose parent or parents are legally in the UK, who perhaps finds the transition to life in the UK difficult and does not receive the love and support any child should reasonably expect from his parent or parents, and who goes off the rails, makes mistakes as a teenager and ends up with a custodial sentence of 12 months or more. Is this young person likely to know about and understand the consequences of not claiming the UK nationality he is entitled to before he is deported by the Home Office as a foreign national criminal? Is this person likely to live with a family who can afford over £1,000 to claim the right to UK nationality they are entitled to?
It is not just that. To qualify for the discretionary waiver on the grounds of affordability, as the noble Baroness has said, a long and complex process of means-testing must be gone through, in which even the guidance to Home Office caseworkers is complicated. Every penny of income and expenditure must be accounted for; money spent on “luxuries” or non-essential items such as a holiday would disqualify the family from the fee waiver. What do the Government mean by “luxuries”? Anything more than 43p per person per week spent on laundry and toilet paper, anything more than 69p per person spent on toiletries, and anything more than £3.01 spent on clothing and footwear is considered non-essential. How many of us could say how much we spent on toilet paper a week over the last six months?
Police Act 1996 (Amendment and Consequential Amendments) Regulations 2022
Lord Paddick Excerpts(4 years, 1 month ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, it is interesting to see how many people are in the House following the previous debate; I followed it with great interest. Before I start this debate, I just want to say that this will be my 1,000th contribution in your Lordships’ House.
Through these regulations, we are proposing to change the name of the Hampshire police area to “Hampshire and Isle of Wight”. This will better reflect the make-up of the police area and the communities it serves across both counties of Hampshire and the Isle of Wight. I thank Donna Jones, the police and crime commissioner for Hampshire, for her representations on this important local matter.
There is significant local support for this amendment, with 82% of local residents stating their support in a consultation carried out by the PCC. The standout reason cited was the simple fact that Hampshire Constabulary serves two counties: Hampshire and the Isle of Wight. Respondents also noted that those on the island sometimes feel forgotten, and there was a feeling that a more inclusive name would help to address that.
The approval by Parliament of these regulations will therefore respond to the specific requests of the people of the Isle of Wight, recognising their strong sense of identity. It will also better reflect Hampshire Constabulary’s full geographical coverage and bring the force into line with the corresponding fire service, which rebranded as Hampshire & Isle of Wight Fire & Rescue Service following the recent merger of the island and mainland fire services.
The names of police areas and the power to amend those names are set out in the Police Act 1996. Section 31A of the Act contains provisions that allow for the Secretary of State to amend these names by regulations subject to the draft affirmative procedure. This instrument will amend Schedule 1 to the Act, which sets out the names of all police areas in England and Wales with the exception of the Metropolitan Police District and the City of London police area.
This instrument will also amend Articles 34 and 35 of the Police and Crime Commissioner Elections Order 2012, which make provision in relation to election expenses in police areas. These articles include references to “Hampshire”, which, through these regulations, will be substituted with “Hampshire and Isle of Wight”. This will provide consistency throughout legislative references to the Hampshire police area.
Should this amendment be approved in both Houses, the Government intend to make a further statutory instrument, subject to the negative resolution procedure, to come into force at the same time as these regulations to reflect the name change in other secondary legislation. Together with the strong local support, I hope that I have made a clear case for enacting this important local amendment. I beg to move.
Lord Paddick (LD)
My Lords, I thank the Minister for explaining this statutory instrument. I have only one question. When debates around the amalgamation of police forces have occurred previously, in that 43 is considered to be too many, one of the main concerns has been the cost—for example, in the changing of uniforms and the changing of signage on police stations and vehicles. What consideration has been given to those costs that are consequential to the change in the police area’s name? Otherwise, clearly there is considerable local support for this change. We support it, provided that the money is made available and the costs of any change to signage, uniforms and the like do not come at the cost of providing policing services to local people.
Metropolitan Police Service
Lord Paddick Excerpts(4 years, 1 month ago)
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Lord Coaker (Lab)
My Lords, it is dreadful to have to start another Statement response in this House recognising a victim of male violence against women and girls. All our thoughts are with the family, friends and loved ones of Zara Aleena. It shows again how desperately needed is the action the Government are proposing to tackle violence against women and girls and to identify, stop and prosecute perpetrators.
It is usual to thank the Minister for repeating a Statement to the House. I am of course grateful to her, but I have to raise a concern. The copy of the Statement shared with us at 1.33 pm today, and with Front-Bench colleagues in the other place, was not the same as the Statement delivered by the Minister for Crime and Policing. The Statement delivered, as we have just heard from the Minister, included a number of political gibes, spaced throughout from the very beginning, which had not been included in the shared copy of the text. As the Minister knows, I have the highest regard for her and know that she would not be so discourteous to us, but it cannot be right to share with us a Statement as important as this which excludes some of the things she has had to repeat to noble Lords. It is just not the right way to do things.
It is really disappointing that, on a subject as serious and frankly disturbing as this, the Home Secretary, presumably, and a Home Office Minister—not the noble Baroness—thought it acceptable to provide noble Lords and Parliament with an incomplete copy of the Statement and then, between the time we received it and the time it was delivered, to spend time thinking of a few political digs to add in rather than focusing on what we all must do. We all have our parts to play in acknowledging and repairing the problems that exist.
I am the son of a Metropolitan Police officer of 30 years, so it is really depressing to read the HMICFRS report on the Metropolitan Police and its being placed into special measures. It is also depressing for the tens of thousands of London officers and officers around the country who do their duty and serve with bravery and distinction, including many police officers around this Parliament who protect us. They, alongside victims and the public, are being failed.
Last year we had the report of the Daniel Morgan Independent Panel, following Daniel’s murder and the police corruption which prevented justice being served. It found:
“In failing to acknowledge its many failings over the 34 years since the murder of Daniel Morgan, the Metropolitan Police’s first objective was to protect itself.”
Think about that for a moment, alongside the abduction and murder of Sarah Everard by a serving police officer who used his badge of office to deceive her; the behaviour of officers in the case of sisters Bibaa Henry and Nicole Smallman; the failings of officers in the Stephen Port case; the strip-search of Child Q and other children —how many others have now been reported to the Independent Police Complaints Commission, as we read in the papers that perhaps a further eight have been reported to the Police Ombudsman?—the stop and search of Bianca Williams, with her and her partner being handcuffed and separated from their son as part of their ordeal; and Met officers at Charing Cross station using a WhatsApp group to share racist jokes and joke about raping and beating women.
The list goes on. But it cannot go on; it has to stop. It fails the vast majority of decent police officers as well as the confidence and trust of the public. As Members of both Houses, members of the public and victims’ families have been saying for years, all these are symptomatic of deep and disturbing problems in the culture of the Metropolitan Police. When will it change? We also learn from this recent inspection, as the Minister told us, that 999 call response times have not been met, that 69,000 crimes were not even logged and that there is a failure even to tackle anti-social behaviour. Is it any wonder that public trust and confidence are undermined in what should be and is one of our great institutions?
We are in a situation where some people in some communities in London are losing, or have lost, faith in their local police services to protect them. How will the fact that the Met Police has been placed in special measures work to restore their confidence? How will the public be reassured? What is the plan that will be produced? How will it be monitored and reported to us, so we know progress is being made?
With the scale of the cultural change needed, I say regretfully that the Statement the Minister was asked to repeat needs a greater sense of urgency and a greater sense of when changes will happen. The key concrete measures included in the Statement are already announced inquiries, which are welcome but will take time. When will they report? Why will they make a difference when others have not?
The Statement says reports of strip-searches being used on children are,
“deeply concerning and need to be addressed comprehensively”
but what action is being taken to do so? Why has there been a failure so far to bring forward new guidance on strip-searches, which for months we have been calling for? Can the Minister give an update on work to introduce a police duty of candour, which Members of this House voted for as part of the Police, Crime, Sentencing and Courts Act?
Too many victims have been, and are being, let down across the country. There has been a significant increase in the number of cases collapsing because a victim drops out. Why is the victims Bill, which has been promised for years, still only in draft form, and not yet on the statute book?
Can the Minister tell us more about the changes that will be made to training and support for officers? Does she recognise that there is a problem in the ratio of supervising officers to police constables in the Metropolitan Police? There is an issue there with inexperienced officers not having the support and supervision they need, and although the Government are now increasing officer numbers, that does not solve the problem of the loss of thousands of officers with years of experience. How will that be addressed?
Policing in this country depends on public trust; it is policing by consent. That trust has been eroded and will continue to be withdrawn by those who have experienced and witnessed some of the shocking examples of police behaviour that we have discussed today. The Home Secretary has to answer these concerns, speak to victims and drive up standards in policing across the country. This report is yet another wake-up call, and this time it needs to be heard.
Lord Paddick (LD)
My Lords, I thank the noble Baroness for repeating the Statement made by another Minister in the other place.
The letter from Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to the Acting Commissioner of the Metropolitan Police, Sir Stephen House, apparently contains a catalogue of failings. These include not only the misogyny, racism and homophobia characterised by the tragic murder of Sarah Everard; the failings in the tragic murders of Bibaa Henry and Nicole Smallman, including the sharing of selfies taken with their dead bodies; the revolting messages shared on a Charing Cross police station WhatsApp group; and the failings in relation to the murders of Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor, written off as self-administered drug overdoses instead of the actions of a serial killer because they were gay men, but also the failings in day-to-day policing.
Besides theses high-profile cases, can the Minister confirm an estimated 69,000 crimes are going unrecorded each year, less than half of crime recorded within 24 hours, and virtually none recorded when anti-social behaviour is reported? If not, why does the Minister not have the content of the HMIC letter? Besides the strip-search of a schoolgirl because it was thought she smelt of cannabis, and the high-profile, controversial stop and searches—such as that of a champion athlete—can the Minister confirm that, in 25% of stop and searches, officers failed to record the grounds for the search in sufficient detail to enable an independent judgment to be made as to whether reasonable grounds existed?
And this Government want to give the police more powers, including those for the police to conduct stop and search without having to have any reasonable grounds. Can the Minister explain why this is, when they cannot be trusted with the powers they already have—powers the police have not even asked for?
In the HMICFRS inspection after the Daniel Morgan report, HMICFRS concluded that the Metropolitan Police’s approach to tackling corruption was not fit for purpose. I was a Metropolitan Police officer for over 30 years, and I am appalled by the litany of failings identified by HMICFRS. I am angry that so many honest, decent police officers have been failed by a minority of their colleagues, but mainly by their chief officers who have not addressed these failings.
I do not accept the view that the majority of police officers do not want to do the right thing, but I also do not deny the lived experience of black people and women in particular at the hands of the police. I accept that, without effective leadership which challenges racism, sexism, homophobia and other forms of corruption, it becomes more difficult for good officers to do the right thing. I also accept that, without adequate resources, it is more difficult for decent, honest, hard-working police officers to provide the service they want to provide —the service the public deserve.
The Home Secretary faces a dilemma. The Metropolitan Police Service needs a brave, courageous leader who is prepared to speak out, tell the truth and bring about seismic change in the service—just the sort of person the Home Secretary does not want. It needs someone who is going to make it difficult for her and the Government when they expose the true nature and extent of the Met’s shortcomings, and when they speak out when the Home Secretary and the Government fail to give them the backing they need in order to succeed.
Neil Basu, for example, currently the most senior serving Asian officer, has been a champion of diversity and has an outstanding track record, but he failed to be appointed as the new head of the National Crime Agency despite being on a shortlist of two, both of whom were rejected by the Home Secretary. Why?
The last-minute, no-notice political attack on the Mayor of London by the Minister in the other place was disgraceful. If anything, does this not show the ineffectiveness of the system of police and crime commissioners? It should be noted that, of the six forces in special measures, four have Conservative PCCs, and the two others have directly elected mayors.
The Metropolitan Police Service does not need another commissioner who promises not to rock the boat, who goes along with cuts in police resources that impact on operational effectiveness, and who does not stand up to the Home Secretary and the Government. Decent, honest, hard-working police officers deserve better. When will the Government appoint the right person, with the right backing, to turn this appalling situation around?
