(9 months, 2 weeks ago)
Lords ChamberWe do. Obviously we have to maintain the operational independence of the police—I do not think there is any question or dispute about that—so leadership of the police has to remain localised to that extent. However, noble Lords will be aware that we have invested in the College of Policing’s National Centre for Police Leadership, which has already set out standards at every level. There is no dispute that the leadership of the police needs to up its game.
My Lords, I declare my interests as set out in the register. What plans does the Home Office have to take some responsibility here and mandate the psychological assessment of potential police recruits, looking particularly for any propensity to inappropriately exert power over others?
My Lords, as I understand it, part of the online process for recruitment involves an element of psychometric testing. I do not know precisely what that testing involves, but I will find out and come back. The online assessment process is very complicated—otherwise, I would give more detail.
(9 months, 3 weeks ago)
Lords ChamberMy noble friend raises some interesting points. As I said earlier, the Secretary of State can deprive someone of British citizenship only where he considers that it is conducive to the public good to do so. That includes consideration of the need to protect all UK citizens, both in the UK and abroad. Once again, I will not comment on the specifics of this case.
My Lords, is the Rwanda scheme, which plans to export legitimate refugees, a natural extension of this scheme, which makes those accused of terrorism someone else’s problem by depriving them of their British citizenship?
(10 months, 3 weeks ago)
Lords ChamberMy Lords, the movement of large numbers of people seeking asylum is in danger of overwhelming the international asylum system, as the Government’s policy statement on this Bill suggests, and this requires a different response. There appear to me to be two alternatives: work collaboratively with all countries affected, with a global response to a global problem; or take this Government’s approach, working in the United Kingdom’s sole interests, or, arguably, in the interests of party politics. As the most reverend Primate the Archbishop of Canterbury said in this House on 12 July last year,
“this is a massive, international issue on a generational basis and that tackling it needs profound thinking on a long-term basis ... It is essential that the solutions, as we go forward, bring together the whole of politics, all sides of both Houses, and unite our country instead of using this as a wedge issue to divide things”.—[Official Report, 12/7/23; col. 1872.]
The most reverend Primate reiterated that this afternoon.
The Government quote figures from last year, when boat arrivals into mainland Europe apparently increased by 80% while boat arrivals into the UK fell by about one-third, according to the Minister in his opening remarks, as if this were some kind of victory. I am sure that for domestic party-political purposes it might look that way, but I doubt our European neighbours see it in the same light: “I’m all right, Jack” does not translate well in continental Europe.
The Government insist that the Rwanda scheme is only one part of their plan to “Stop the boats”, co-operation with our European neighbours arguably being a far more important part of the plan. What will our European neighbours think if, as the Prime Minster seems intent on doing, the United Kingdom ignores so-called pyjama injunctions issued by a so-called foreign court? Of course, what the Government are referring to are Rule 39 indications issued by the European Court of Human Rights, an international court of which the UK is a member. As the noble Lord, Lord German, said, last Thursday the President of the ECHR said:
“Where states have in the past failed to comply with rule 39 indications, judges have found that the states have violated their obligations under Article 34 of the convention”.
If the Government decide that, like Russia, they no longer wish to be bound by international law, because, like Russia, they do not agree with the decisions of judges of the ECHR, then they should ask Parliament to remove the United Kingdom from the European Court of Human Rights. Two days on from Holocaust Memorial Day, perhaps we should remember why the UK was instrumental in establishing such a court and consider the impact such a withdrawal would have on the willingness of our European neighbours to co-operate with us on this issue.
What other steps might ease the flow of asylum seekers? A representative of the International Organization for Migration told the Radio 4 “Today” programme this morning that what drives people to migrate is that they feel they have no options in their home country, with climate change overtaking conflict as the biggest driver. If the Government were serious about doing whatever it takes to stop the boats, why have they pushed back the deadlines for selling new petrol and diesel cars and the phasing out of gas boilers? Why have they announced plans to issue hundreds of new oil and gas licences, and given the go-ahead for a new coal mine that will produce an estimated 400,000 tonnes of greenhouse gas emissions a year? Why have they reduced overseas aid from 0.7% to 0.5% of gross national income, while spending almost 30% of that budget in 2022 on housing asylum seekers in the UK, rather than spending it overseas? I am not saying that these are not legitimate political decisions, but they are not consistent with the claim that the Government are doing everything they can to stop the boats.
Doing everything the Government can to stop the boats should include doing whatever they can to encourage co-operation with our European neighbours and to improve conditions in asylum seekers’ home countries. They should not ignore or withdraw from the European Court of Human Rights; they should reinstate their previous commitments to combat climate change and their commitment to 0.7% on overseas aid—what one might call a strategic approach. As the noble Lord, Lord Ponsonby, and the most reverend Primate have said, this Bill is not the answer.
(1 year ago)
Lords ChamberI am afraid I do not have the details on the specific recommendations and the progress, but I will endeavour to find them, and I will write to the right reverend Prelate.
My Lords, I think it is the turn of the non-affiliated Bench.
My Lords, the Minister said that the majority of the recommendations from the lessons learned review had been implemented. Why was the Windrush working group disbanded before all the recommendations had been implemented?
The noble Lord will be aware that the former Home Secretary decided not to proceed with three lesson learned review recommendations —hence my use of the word “majority”. I will not say any more on that subject, because I think it is subject to legal proceedings.
(1 year, 1 month ago)
Lords ChamberMy noble friend makes a good point. I will absolutely take that back. We have been capacity building in Rwanda—the noble Lord just referred to it—and I know that a lot of that work is ongoing.
My Lords, press reports at the weekend stated that, between 2020 and 2022, 100% of asylum claims by people from Afghanistan and Syria were rejected by the Rwandan authorities while almost 100% of asylum claims by people from Afghanistan and Syria were accepted by the UK authorities. How can the Government maintain that Rwanda has been treating asylum seekers fairly in the light of these statistics?
My Lords, it does not matter whether the Government assert that we have been treating them fairly; the fact is that the Supreme Court has ruled otherwise. As I said, we are capacity building; we are working with the Rwandans. We are working on a new treaty. I am sure that the noble Lord’s concerns will be addressed in the fullness of time.
(1 year, 1 month ago)
Lords ChamberThe right reverend Prelate makes an extremely good point. I commend his activities and those of his colleagues and other faith leaders in trying to find civilised solutions to this problem. I am afraid I do not know what His Majesty’s Government are doing to try to encourage the sort of interactions he mentioned, but it deserves to be mentioned, on proportionality, that the organisers of the pro-Palestinian marches have a responsibility. Peter Tatchell, whom many in the House will know, was blocked from marching with the pro-Palestinians for carrying a sign that said:
“End Israel’s occupation! End Hamas’s sexist, homophobic, anti-human rights dictatorship!”
That is pretty disgraceful. Everybody needs to exercise proportionality in this.
My Lords, I declare an interest as set out in the register. Anti-Semitism is unacceptable in any setting, but does the Minister agree that arresting people in the middle of a mass protest can result in serious disorder and injury to police officers, as can the police attempting to prevent people who are determined to protest from doing so, as we saw with the right-wing demonstrators on Saturday?
My Lords, on this I am very happy to defer to the noble Lord’s extensive experience of policing protests of this type. It is self-evident that if you wade into a crowd, there is a chance that you will inflame tensions. The police are operationally independent and I will not judge what they did, but their approach makes some sense to me in that context.
(1 year, 3 months ago)
Lords ChamberMy Lords, the importance of a report such as this, and dare I say the importance of a House such as ours, is to highlight the complexity of issues, the understanding of which reveals what otherwise appears counterintuitive.
Political messages have to be headlines that grab people’s attention. The rule of political press offices tends to be that if you have to explain it, it is too complicated to be used as a campaign tool. In a first past the post democratic system, the space for consideration of complexity is limited. That is why we have committees such as this, comprising such eminent Members and supported by excellent officials, and committee chairs like my noble friend Lady Hamwee, who revels in detail. Her passion for the subject has been clearly demonstrated over many years.
The narrative so often advocated by those who are against immigration is the pressure that migrants place on the National Health Service, for example. As my noble friend Lady Hamwee said, this report provides clear evidence that skilled and experienced nurses and doctors who have come here from overseas are leaving the UK because they cannot provide the personal care that any concerned family member would want to give to their ageing parents and grandparents. They are not allowed to bring their increasingly dependent relatives to the UK, even though they have the means and ability to look after them, while they themselves are providing a vital service to UK society. Indeed, the rules make it almost impossible for dependent relatives to qualify for a visa. They must be practically bedridden but able to travel, for example. It is no surprise that the number of visas issued under the adult dependant route has diminished from 1,738 in 2011 to just one in 2020 and none in 2021.
As with so much relating to immigration, there are moral and practical issues, particularly in relation to children. My noble friend Lady Ludford quoted the Prime Minister, who has said
“strong, supportive families make for more stable communities”.
But, as the noble Lord, Lord Blunkett, said, it is obvious to those who do not want to wilfully ignore it that the general cost to society of a child with no family to support them—including the detrimental psychological impact on the child and the child’s ability to reach his or her potential, and the cost to local authorities of providing a whole range of services for unaccompanied child refugees—is far greater than the costs associated with those who could be looked after by relatives or even adult siblings, were they allowed to join the child in the UK.
As the right reverend Prelate the Bishop of Durham said, the committee reached the same conclusion as the Lords EU Committee in 2016 that there is no evidence that the prospect of family reunification could encourage families to send children to the UK to act as an anchor for other family members—based not least on the fact that EU states that allow family reunification show no sign of it. The report highlights the fact that some couples, such as same-sex couples, are unable to cohabit in their country of origin because of local laws or social prejudice, yet the UK Immigration Rules set previous cohabitation as a condition before a partner visa can be issued. Rigid rules, inflexibly applied, are unlikely to cope with the complexities of the real world.
The report is careful in a number of places to indicate that uncontrolled immigration is not the answer, but all the circumstances surrounding the application for a visa and the likely impact on the individual, the public purse—both central and local—and society as a whole should be taken into account. The Government have spent a lot of time and energy trying to ensure, for example, that UK citizens who can work do work; yet when it comes to people from overseas working in the UK, they place an income limit that often prevents a second parent or adult sibling coming to the UK, leaving the migrant worker having to juggle work with childcare, when almost all migrants are working in shortage occupations. There is a crisis in immigration in the UK caused by the failure of this Government. A decade or more ago, there were many more asylum applications, far fewer awaiting a decision and far more removals, yet the Home Office makes the problem worse for itself by requiring multiple visa applications.
This excellent report emphasises that all families matter, but it might also have been entitled “An Encyclopaedia of Unintended Consequences”. Like so many other issues, family migration would be better served were it not for party politics—politics by headline—as opposed to the thorough and professional way that the committee has so comprehensively covered the issue.
(1 year, 5 months ago)
Lords ChamberMy Lords, as someone who rarely goes to bed after 11 pm, I will be incredibly brief. I will comment on both propositions and give my support to my noble friend Lord Coaker and to the most reverent Primate.
We reached an agreement with the French 21 years ago that tackled organised criminality, not its victims. For a time, it was successful. The business model changed, and we must change with it. The National Crime Agency, working with its counterparts in France, could do a similar job, with the Government negotiating with the Government of France. We could pay for a licensing scheme in France that would make it a criminal offence for anyone to purchase, transport or sell a boat without a licence. Our agencies and theirs could then work together to tackle the organised criminal fraternity, who are bringing such misery.
In support of the most reverend Primate, if we ever needed a long-term strategy of 10 years rather than 10 months, one geared not to a general election but to solving a problem, and to dealing with it internationally, on a long-term basis, we need it now. That is why this House should support both propositions.
My Lords, today the Government heralded a reduction in the vacancies in the social care sector. This was achieved mainly through the arrival of 70,000 overseas workers in the last year, while the Bill tries to stop 45,000 people desperately seeking sanctuary in the UK. We on these Benches support Motions X1 and Y1. In a Bill devoid of any measures that target people smugglers, Motion X1 is the very minimum required. It is remarkable that stopping the boats is one of the Prime Minister’s five priorities, and yet it is not one of the Home Secretary’s strategic priorities for the National Crime Agency.
The most reverend Primate has made a compelling case in Motion Y1. The Government have set out in legislation the need for a climate change strategy. But, again, on one of the Prime Minister’s five top priorities, there is no need to set out in legislation the need for a strategy in relation to the movement of refugees and human trafficking. How can the Minister possibly say that that is a consistent position for the Government to take? We on these Benches will support both these Motions if the noble Lord and the most reverend Primate decide to test the opinion of the House.
(1 year, 5 months ago)
Lords ChamberMy Lords, I associate those of us on these Benches with the kind words of the Minister and others around the House in relation to the sad news about the noble and learned Lord, Lord Brown of Eaton-under-Heywood. He will be greatly missed.
Since Second Reading, we on these Benches have made clear our opposition to what we consider to be an illegal—to use the word of the noble Lord, Lord Carlile of Berriew—and immoral Bill. If there were any way in which a Bill of this kind might have any chance of stopping the boats, it was by acting as a deterrent. Despite its proposed retrospectivity, record numbers crossed the channel in June and again this weekend, as the noble Lord, Lord Carlile, said. The Government’s own impact assessment describes a consensus among academics that the Bill is unlikely to deter those seeking sanctuary in the UK. Both in theory and in practice, the Bill appears destined not to achieve what it sets out to do.
Instead, as introduced into this House, the Bill undermines both the UK’s international reputation and the global consensus that mass migration needs to be dealt with through international co-operation, not unilateral action. Unamended, the Bill is all pain and no gain, potentially creating a permanent underclass of tens of thousands of people who cannot be removed, whose claims for asylum will not even be examined, let alone accepted, and who will be unable to work legally—a permanent drain on the taxpayer.
Contrary to what the Minister has said, some noble Lords, whose attendance during our lengthy debates on the Bill has been—how can I put it?—sporadic, claim that no alternative has been offered. Nothing could be further from reality, as the official record shows. For example, some 15 years ago claims for asylum were higher; the backlog of claims awaiting decisions was a fraction of what it is today; and the number of those being removed was far greater. The only immigration crisis in the UK today is one created by the Home Office, and a Bill targeted at criminalising asylum seekers, rather than people smugglers, is bound to fail.
(1 year, 5 months ago)
Lords ChamberMy Lords, I very much support the amendment of the noble Lord, Lord Swire. As has already been said so well by him and by the noble and learned Lord, Lord Garnier, this is an extremely sensible idea. The public, as well as ourselves and the House of Commons, are entitled to know where we stand and what is happening with the numbers.
I share, to some extent, the concerns of the noble and learned Lord, Lord Garnier, about the amendment of the noble Lord, Lord Coaker, purely and simply because I wonder to what extent the National Crime Agency has actually been consulted on what its priorities are. I quite see the importance of giving this priority, and I totally support it, but I would be interested to know, before we make this a part of primary legislation, whether the National Crime Agency, which I happen to know has a large number of different duties and works extremely well in many areas in this country, sees this area as a priority.
My Lords, first, I address the amendment in the name of the noble Lord, Lord Swire. He wondered why the amendment had not captured the imagination of the House. Speaking for those of us on these Benches, the Bill is entirely focused on refugees and asylum seekers, who form a very small proportion—a tiny fraction—of the 1.3 million people given leave to remain in the country last year. So while I agree in principle with what the noble Lord says—that we should have a much firmer grip on the number of illegal immigrants in this country—his amendment is not germane to the Bill.
I am very sorry, but on Report noble Lords are allowed to speak only once.
As the noble Lord, Lord Coaker, and the noble Baroness, Lady Meacher, said, the Bill is focused entirely on criminalising the victims of people smugglers and not on the people smugglers themselves. We intend to support the amendment of the noble Lord, Lord Coaker: if his amendment is carried, at least there will be one line, or a few lines, in the Bill that will focus on the real problem, which is the criminal people smugglers and those who are carrying out modern slavery and trafficking, as the noble Baroness, Lady Meacher, said.
The noble and learned Lord, Lord Garnier, said, in effect, that this amendment was not necessary because under Section 1(4) of the Crime and Courts Act 2013, one reason for the National Crime Agency to exist is:
“The NCA is to have the function … of securing that efficient and effective activities to combat organised crime and serious crime are carried out”.
People smuggling, people trafficking and so forth are clearly organised and serious crime, but that then leads to the question raised by the noble and learned Baroness, Lady Butler-Sloss, about priorities for the National Crime Agency. The strategic priorities for the National Crime Agency are set out in Section 3 of the 2013 Act, which says:
“The Secretary of the State must determine strategic priorities for the NCA”.
I have looked at the current strategic priorities for the National Crime Agency, as set by the Home Secretary, and people smuggling, trafficking and people facilitating the sorts of things that the Bill is supposed to combat are nowhere to be seen; there is nothing in the strategic priorities about it. How can the Government say that it is a priority of the Prime Minister to tackle small boats coming across the channel when it is not a strategic priority set by the Home Secretary for the National Crime Agency? The only way we can get the National Crime Agency to focus on people smugglers is to support the amendment in the name of the noble Lord, Lord Coaker, which is what we on these Benches will do.
My Lords, Amendment 168 moved by the noble Lord, Lord Coaker, seeks to confer on the National Crime Agency a specific function in respect of tackling organised immigration crime and to require it to maintain a cross-border people-smuggling unit. The noble Lord opposite has spoken powerfully today, as he did at previous stages of the Bill. I am gratified to hear the powerful expressions of support from the noble Lord and the Benches behind him for the Government’s commitment to addressing these repugnant crimes.
I have sympathy for the underlying aim of this amendment, in that we all agree on the need to tackle organised immigration crime, but I put it to the noble Lord that his amendment is unnecessary. As we have heard from noble Lords in the debate, the functions of the National Crime Agency are set out clearly in Section 1 of the Crime and Courts Act 2013. I echo the noble Lord, Lord Paddick, who quoted from Section 1(4) of that Act:
“The NCA is to have the function … of securing that efficient and effective activities to combat organised crime and serious crime are carried out”.
At this point, I gratefully echo and adopt the points made by my noble and learned friend Lord Garnier. This function covers all forms of organised crime, and therefore includes organised immigration crime. Accordingly, adding the proposed new function would add nothing to the NCA’s remit. One reads in the NCA’s annual report of the range of activities in which it is already engaged to help address the problem of cross-channel people-smuggling gangs. That commitment also appears on the face of its website, which looks at border vulnerabilities, modern slavery and human trafficking.
As for the second limb of the amendment, which would require the NCA to establish a bespoke cross-border people-smuggling unit, I put to the noble Lord and to the House that this would undermine the operational independence of the NCA—a point made by the noble and learned Baroness, Lady Butler-Sloss. It is properly a matter for the director-general of the National Crime Agency to determine how best the agency is to be organised to deliver its statutory functions. In saying that, I again respectfully echo the point made by my noble and learned friend Lord Garnier from the Benches behind me.
I say in answer to the noble Baroness, Lady Meacher, that the Government are committed to confronting serious organised crime in and against the UK. To help achieve this outcome, we have made significant progress in strengthening the National Crime Agency. The NCA’s budget has increased by at least 21% in the last two years to more than £860 million, which will help it continue to develop the critical capabilities it needs.
I will address a couple of specific points put by the noble Lord, Lord Coaker, in opening this section of the debate. He asked about the manner in which the activities of organised crime through social media are being addressed by the NCA. The National Crime Agency works closely with the major tech companies to take down organised and information crime-related content where it appears on social media. Between November 2021 and March 2023, the NCA made more than 3,400 referrals to social media companies regarding posts and accounts related to suspected organised immigration crime. Some 97% of these referrals have been taken down by the respective platforms. I hope that offers some grounds for confidence to the noble Lord as he carefully addresses the provisions of the Bill and his response.
The noble Lord also asked me about the number of prosecutions arising from this. I will go on to touch upon that subject as I move on to the manner in which the NCA’s work, along with that of our partners abroad in other jurisdictions, is organised and co-ordinated. The Government have a dedicated multiagency organised immigration crime task force, to which the NCA contributes and in which it participates. This task force is committed to dismantling organised immigration crime groups engaged in immigration crime internationally, including criminal networks that facilitate people smuggling from source countries to Europe and then to the UK, knowingly putting people in life-threatening situations. If I may, I will rehearse a couple of statistics that I gave to your Lordships’ House in Committee. The task force is currently active in 17 countries worldwide, working with its partners to build intelligence sharing as well as investigative and prosecution capability.
I will now address the specific question regarding prosecutions that the noble Lord, Lord Coaker, put to me from the Front Bench. Since 2015 and the inception of Project INVIGOR, the United Kingdom’s organised immigration crime task force has been involved in more than 1,400 arrests both in the United Kingdom and overseas with, on conviction, sentences collectively amounting to more than 1,300 years in prison being imposed.
Following the pledge made by the Prime Minister on 13 December to stop the dangerous small boats crossings, the Government have doubled funding for the next two financial years for this task force. This increased funding has as its aim doubling the number of disruptions and enforcement activity against organised immigration crime and the criminal gangs that facilitate it.
As the noble Lord said from the Dispatch Box, he has had an opportunity to discuss these matters with the NCA, and I am grateful for his kind words in relation to Home Office Ministers for assisting with facilitating that. I hope that, in light of what he learned in that meeting and what I have been able to say from the Dispatch Box concerning the activities of the NCA, the desirability of maintaining its operational independence and the increased funding under which it is operating, the noble Lord will be content to withdraw his amendment.
I turn to Amendment 168AZA tabled by my noble friend Lord Swire, which would place a duty on the Secretary of State to publish a report on illegal migration, including statistics on the number of illegal migrants in the United Kingdom. I understand that my noble friend Lord Murray of Blidworth has also discussed this amendment with my noble friend following Committee. We recognise the importance of having clear and coherent datasets, but I invite the House to reflect on this: by the very nature of that body, it is not possible to know the exact size of the illegal population or the number of people who arrive illegally, so we do not seek to make any official estimates of the illegal population. I hear what my noble friend has to say about the way in which such figures might be gathered, but they would remain estimates.
My noble friend bemoaned the fact that his amendment has not caught the attention of your Lordships’ House and that the House has not demonstrated affection for it. In my experience, your Lordships’ House has demonstrated on many occasions its feeling for the importance of statistical evidence as a guide to policy-making. I hear very clearly what the noble Baroness, Lady Fox of Buckley, my noble and learned friend Lord Garnier and my noble friend Lord Swire said about that. However, in circumstances where such figures cannot be known exactly, I invite the House to reflect that it would not be appropriate to pass my noble friend’s amendment in its current form.