Immigration: Public Services

Lord Paddick Excerpts

Tuesday 10th May 2016 Lords Chamber

[Lord Keen of Elie]

It takes time to recover from the experience that we had up until 2010, but major steps are being taken. The Government are committed to investing £7 billion in school places by 2021, to increasing NHS funding in England by £10 billion in real terms by 2020 and to investing £20 billion in housing in the next five years, including £8 billion in affordable housing.

[Lord Paddick (LD)]

My Lords, that is all very well, but clearly, as the noble Lord, Lord Harris of Haringey, said, it is not sufficient. Can the Minister tell the House why the Government are not building more new hospitals, schools and houses, using the additional income they are receiving from foreign workers, who are paying significant sums in income tax and national insurance?

[Lord Keen of Elie]

As I stated a moment ago, very considerable sums are being expended in these areas. Indeed, we expect to deliver 600,000 new school places by 2021.

Investor Visas: Money Laundering

Lord Paddick Excerpts

Monday 9th May 2016 Lords Chamber

[Lord Keen of Elie]

The question, in my respectful submission, is not well aimed, and there is no question of persons being able to buy their way into the United Kingdom. There is a means by which they can invest in the United Kingdom, but they are subject to very clear checks, which have been improved since 2014.

[Lord Paddick (LD)]

My Lords, I am greatly encouraged by what the Minister has said about investigations going on into pre-2015 cases. Can he tell the House how many tier 1 visas have been revoked as a result of those investigations?

[Lord Keen of Elie]

At the present time, I am not aware that any tier 1 visas have been revoked. Of course, tier 1 visas lead on to an application for indefinite leave to remain. When that application is made, one issue that is addressed is any suggestion of criminality.

Young Asylum Seekers: Deportation

Lord Paddick Excerpts

Monday 9th May 2016 Lords Chamber

[Lord Keen of Elie]

Whether it be a matter of assistance for voluntary return or of compulsory return where someone has overstayed and has no right to remain, in the first instance this Government will always seek to ensure that there are appropriate reception arrangements for a person returning to a country of origin.

[Lord Paddick (LD)]

My Lords, many of these young people have no memory of the countries that they are being deported to and no experience of living independently in those countries. Can the Minister imagine a teenage relative of his being deported to somewhere like Afghanistan to fend for themselves? Will he explain how this policy is justified?

[Lord Keen of Elie]

The majority of unaccompanied minor children making asylum applications are aged 16 or 17 years, have not been here for many years and have not lost contact with their country of origin. With regard to the country of origin, at least one-third of those making applications in 2015 were from either Albania or Afghanistan. In the circumstances where they volunteer to return, appropriate arrangements are made to assist them. Meetings with NGOs or social workers are arranged for them, and they are given considerable assistance, equivalent to a maximum value of £1,500, if they go through the voluntary return procedure.

Investigatory Powers Bill

Lord Paddick Excerpts

Wednesday 27th April 2016 Lords Chamber

[Lord Keen of Elie]

I entirely concur with the noble Lord’s observations. The introduction of the double-lock mechanism in the context of the warrant underlines the importance of these developments. When the noble Lord, Lord Rosser, responded to the Statement on the Bill in November last year, he observed that it appeared that, in broad terms, the Bill had struck the difficult balance between public interest and privacy.

[Lord Paddick (LD)]

My Lords, the part of GCHQ responsible for ensuring the security of our national infrastructure, such as the national grid and our telecommunications network, is very keen on enhancing encryption. Another part of GCHQ wants to weaken encryption, so that it can access confidential information. Can the Minister say which side of GCHQ the Government are on?

[Lord Keen of Elie]

It is not necessary to be on either side of the wrong question. The position is simple: encryption is effected by means of an algorithm, which is sometimes called an encryption key. If you sequence an encryption key, you encrypt; if you reverse the process, you decrypt. This Bill will not give any party access to the encryption key, which will be held by the provider.

Hillsborough

Lord Paddick Excerpts

Wednesday 27th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I totally agree with all that the noble Lord has said. As for what he said about South Yorkshire Police, I think that that sentiment is reflected across the House.

[Lord Paddick (LD)]

My Lords, perhaps I may express a personal view coloured by my experience of more than 30 years in the Police Service. I am concerned that what appears to have happened in this case—the police attempting to protect their reputation by covering up what happened—is not isolated to South Yorkshire Police and may be prevalent across the Police Service as a whole. This is based on a genuine concern that, in order to operate effectively, they have to have the trust and confidence of the public. However, clearly, they cannot cover up wrongdoing to win that trust and confidence because, inevitably, the truth will come out, as we have seen in this case. Can the Minister give an undertaking that this wider issue across other police forces will not be ignored and will be looked into as part of the Government’s response to this disaster?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the issue of trust in a general sense. Speaking as any citizen would, we look to our police forces up and down the country—many of which do an incredible job—to provide safety and security for all of us. A high level of confidence in your police force is an essential part of going about your daily life. Where that has failed, particularly in the instance of South Yorkshire Police—I know an earlier question related to the fluid nature of what is happening in South Yorkshire at the moment—it is important that police forces and all those associated with their governance not only accept direct responsibility but make and act on the right decisions for themselves and, more importantly, for the people of their areas.

Crime: Religiously Motivated Crime

Lord Paddick Excerpts

Thursday 21st April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, let me be absolutely clear that the Government—and, I believe, all in this House and beyond—share the sentiment that people are free to live their lives free from interference and attack simply because of who they are or their religious beliefs. My noble friend is quite right to point out the increased attacks that we have seen on the internet, not just on the Ahmadi Muslim community but on other communities as well. The Government are taking steps on this and my colleague at the Home Office, my noble friend Lady Shields, is leading on internet safety and security. We are building alliances not just with the communities in the United Kingdom but beyond to ensure that wherever we find hate, whatever its cause and whoever the perpetrator and victim, we send a clear message: such hate will not be tolerated.

[Lord Paddick (LD)]

My Lords, I associate these Benches with the Minister’s remarks about the tragic death of Asad Shah. Religiously motivated sectarian violence has been prevalent in Scotland and other parts of the United Kingdom for many years. The tragic death of Asad Shah is another example, albeit involving a different religion. What training is being given to police officers, and what advice is being given to victims, to help them differentiate between race-hate crime and religiously motivated hate crime?

[Lord Ahmad of Wimbledon]

The noble Lord is quite right to raise the growing and worrying tide of sectarian differences within different communities and the rising tide of hate crime. In that regard, I am pleased to tell the House that as of 1 April this year, as the noble Lord may well be aware, for the first time all police forces across England and Wales specifically record religious hate crime by religion and not just in its general sense. That is an important step forward.

In Scotland, as the noble Lord will know, there are devolved powers, but we are working very closely with the Scottish Government. Indeed, I will shortly visit Scotland—both Edinburgh and Glasgow—to discuss the issue of the growing tide of religious hate.

Border Force Budget 2016-17

Lord Paddick Excerpts

Wednesday 20th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, as I have already alluded to, border security has been enhanced and Border Force continues to perform 100% checks on scheduled passengers. As for lorries, we perform rigorous border checks on scheduled arrivals. The noble Lord mentioned specifically a letter that has been written today and the steps that the Government have taken. I am sure that if he reflects on the changes that have been made—apart from the creation of, as I said, a more flexible Border Force, which has allowed us to address the challenges and needs across the country as a whole—we have seen various programmes which have delivered incremental improvements to e-Borders vision, such as the Schengen information system, the warnings index on migration and improved exit checks. We continue to work very closely with our European partners across the board to ensure that we protect not only our borders but borders across the European Union from threats based around security and terrorism.

[Lord Paddick (LD)]

My Lords, while handbags at dawn over the Border Force budget between the chair of the Commons Home Affairs Committee and the Home Secretary might be entertaining, the crucial question must be whether Border Force has and will continue to have the resources it needs to safeguard UK borders from threats of foreign terrorism and illegal immigration, bearing in mind that the Home Secretary has now confirmed that the budget for the Border Force is decreasing while it would appear that the threats are increasing.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the second part of the noble Lord’s statement: as the challenges and threats are increasing we need to respond accordingly. As I alluded to in the Statement—perhaps it is important to repeat it—one of the steps the Government are taking in the Home Office is investing a further £130 million in the technology around our borders to ensure that we meet the enhanced and ever-evolving threat that faces the United Kingdom.

Immigration Bill

Lord Paddick Excerpts

Tuesday 15th March 2016 Lords Chamber

Moved by

[Lord Paddick]

74: Clause 41, leave out Clause 41

[Lord Paddick (LD)]

My Lords, this amendment is also in the names of my noble friend Lady Sheehan and the noble Baroness, Lady Lawrence of Clarendon. We also have Amendment 78 in this group. I spoke on these issues in Committee, and the Minister has subsequently written to noble Lords on the issues raised both in Committee and at a meeting with the Minister and officials on 22 February.

In essence, these clauses create a new offence of driving when unlawfully in the UK, powers to detain the motor vehicle being driven by someone committing such an offence, including powers to enter premises to seize the vehicle, and powers to dispose of the vehicle on conviction. In addition, there are powers to enter and search premises, and to search an individual and a vehicle in order to seize and retain a driving licence if there are reasonable grounds for believing that the person has a driving licence and is not lawfully in the UK.

Noble Lords will recall my concern and the concern of other noble Lords that these provisions were likely to change a dynamic in police/community relations because of something that was abandoned decades ago when the police decided not to be proactive in enforcing immigration law because of the seriously damaging impact it was having on police/community relations. Clearly, the police will inform immigration authorities if someone who has been arrested for a criminal offence is suspected of being illegally in the UK, so that immigration officers can take the necessary action. But the days of police officers arresting black drivers on the spurious grounds that they were suspected of being an overstayer had, I hoped, thankfully been consigned to the history books.

My concern and the concern of other noble Lords who spoke in Committee, and the concern of the National Black Police Association, is that these clauses will take us back to the bad old days of poor police/race relations. The National Black Police Association says:

“The potential impact of this legislation will be an undermining of community cohesion and a stirring up of hatred and suspicion between different racial and religious groups … and will result in the police becoming the whipping boy for the immigration service”.

Those are not the words of what some people might regard as an out-of-date, out-of-touch former police officer but the views of an organisation representing currently serving police officers.

I am very grateful to the Minister for meeting with me and other noble Lords, and for writing on these issues. I regret to say that his letter on the subject raises more questions than it answers. First, the Minister says that the Home Office will consult publicly on the draft guidance. Can he say whether there will be parliamentary scrutiny of such guidance? The letter goes on to say that these clauses do not provide the police with any new power to stop people or vehicles. That is true, but it gives new powers to search an individual, a vehicle or the person’s home address without a warrant, as well as creating a new criminal offence.

The letter goes on to say:

“The Government has made clear that no one should be stopped on the basis of their race or ethnicity; this would be unlawful under the Equality Act”.

I remind the Minister of the survey commissioned by Her Majesty’s Inspectorate of Constabulary, published in March last year, where 10,094 members of the public were asked whether they had been stopped by the police while driving in the previous two years. Between 7% and 8% of white drivers who responded said that they had, whereas 10% to 14% of black drivers who responded said that they had been stopped in their vehicles.

Black drivers were more likely not to be told the reason for the stop and were less likely to be arrested or prosecuted. This is how the police use their existing power to stop motor vehicles. Black drivers were almost twice as likely to be stopped and were less likely to have done anything wrong. The exercise of the power to stop vehicles under Section 163 of the Road Traffic Act is not recorded by the police, so, apart from the HMIC survey, we have no idea how disproportionate the use of this power against black and other minority ethnic people is.

The Minister in his letter goes on to talk about the fall in stop and search in 2014-15 compared with 2013-14. He states:

“The number of stops on those of black ethnicity has fallen at a faster rate than stops on those who were white”.

First, motorists stopped under Section 163 of the Road Traffic Act are not included in the stop-and-search figures, as I have already said. Secondly, according to the Institute of Race Relations, in 2014:

“Black people specifically are 4.2 times as likely as white people to be stopped and searched by the police”.

It also reports that 86% of stop and searches did not lead to an arrest.

Does the Minister seriously expect the House to be relaxed about giving the police even more powers to search people and their homes and to arrest people for driving while illegally in the UK because the Home Office will issue guidance and because to discriminate against black and other minority ethnic people would be unlawful under the Equality Act?

In his letter the Minister goes on to say that,

“the police will use the powers contained in clauses 41 and 42 where they have stopped a vehicle for an objective reason”.

The HMIC survey and the stop-and-search survey suggest that the police are stopping black people driving vehicles and stopping and searching black people for no objective reason—“for a reason other than race and ethnicity” is a more accurate description than “objective”.

I know from 30 years in the police service that you can do anything to Elvis Presley apart from tread on his blue suede shoes, and you can accuse the police of anything except racism. What did the Government expect Chief Superintendent Dave Snelling to say to the Public Bill Committee other than that the police would not abuse this power?

The letter goes on:

“A search of premises for a driving licence can only be carried out where: ‘The officer has reasonable grounds for believing that a person is in possession of a driving licence and is not lawfully resident’. In practice, this would require the police to perform a check with the Home Office”.

All the evidence that we have to date points to the fact that this is what should happen in theory and not what will happen in practice.

The Home Secretary has done a lot of good work on stop and search, but clearly a lot more needs to be done if you are still over four times as likely to be stopped and searched if you are black than if you are white. All the evidence, including a survey by HMIC, shows that the police cannot yet be trusted to do what the Government “make clear”, even when their actions are unlawful under the Equality Act. All the evidence indicates that the police are not yet ready, despite baby steps in the right direction, to be given more search powers and a power to arrest drivers suspected of being illegally in the UK. The fact that these powers are focused around immigration means that they are even more likely than general stop-and-search powers to be used disproportionately against the black and minority ethnic community.

Liberal Democrats want effective border security to prevent illegal immigrants coming into the UK in the first place, effective exit checks so that we know when someone has overstayed their visa, and an effective immigration service that tracks down overstayers and others who are working in the UK illegally. These are all the responsibility of the Immigration Service. The police have already suffered significant cuts to their budgets and community policing has been hit hard. They have a front-line role in liaising with communities to build the kind of trust and confidence that leads to vital information about serious crime and terrorism being passed on to them by the public. Anything that is likely to put them in conflict with the public, and with black and minority ethnic communities in particular, will make us all less safe. That is exactly what this legislation is likely to do.

I am not making this point from a politically motivated point of view; this is an honestly held, personal belief based on my experience of policing and my knowledge of police culture. I have great respect for colleagues in the police service, who put their lives on the line to keep us safe every day, but these are serious issues that need to be addressed. I beg the Minister to reconsider these draconian clauses. Restrict the powers to immigration officers if you must, but please do not drag the police back to the bad old days when I was a constable on the beat. I beg to move.

[Baroness Lawrence of Clarendon (Lab)]

My Lords, I wish to speak on Amendments 74 and 78, which relate to Clauses 41 and 42. Since this House last considered the driving offence and powers set out in the Bill, the Minister has, as he promised, engaged with me and others who expressed deep concern about the impact of these provisions. I thank him for that but I must tell him that the additional commitments made by the Government have left me feeling far from reassured.

The addition of a defence to the Clause 42 offence is welcome, as strict-liability offences can cause serious injustice, but this move will do nothing to reduce the practical discriminatory impact of these proposals. The discrimination will occur before a case reaches the police station or the courtroom. It will occur on our roads and in our houses. That is where the damage will be done.

The provision of guidance on the use of these powers is not enough. Guidance exists around the use of current stop-and-search powers, such as the power set out in Section 60 of the Criminal Justice and Public Order Act 1994, but statistics produced by the Met show that this power is still used disproportionately against black people. There is a time for guidance and a time for a wholesale rejection of a proposal because it is simply too harmful. In my opinion, the driving offence and the related powers in this Bill fall firmly into the latter category.

Finally, the Government offer a pilot evaluation of the implementation of the search powers set out in Clause 41. I am afraid that this does not fill me with confidence, given the experience of the right-to-rent pilot evaluation: the sample was too small and was unrepresentative, and the evidence of discrimination that it ultimately produced was ignored by the Government.

--- Later in debate ---

[Lord Paddick]

My Lords, I am very grateful to the Minister for addressing the concerns that we have. I had already challenged his script on safeguards when I moved my amendment. When he went off-script, he was more reassuring as far as I am concerned.

I am also grateful to all noble Lords who participated in this debate. To reply to the noble Lords, Lord Deben and Lord Green of Deddington, I was a police officer for more than 30 years and considered long and hard what I would say this afternoon. It is a significant thing for me to say but at the end of the day my real concern with these measures is the fundamental issue that they are likely to bring the police more into conflict with black and ethnic minority communities, and the consequences there could be from that.

However, it does not really matter what my opinion is, despite my police experience. The issues are complex. Very few if any police officers are deliberately racist but, as the Minister said, the training that the Home Secretary asked the College of Policing to look into is to address what he described as “unconscious bias”. At the end of the day, what is the explanation for the fact that, according to the HMIC survey, you are twice as likely to be stopped as a driver if you are black compared with if you are white? What is the explanation that you are four times more likely to be stopped and searched by the police if you are black than if you are white? If those are the facts, do we really want to take the risk of giving the police these additional powers in the absence of any credible explanation for the facts as we know them? Those concerns remain but I beg leave to withdraw the amendment.

Amendment 74 withdrawn.

Calais: Child Refugees

Lord Paddick Excerpts

Monday 29th February 2016 Lords Chamber

[Lord Bates]

I am grateful to the noble Lord for his questions. Dealing first with the time that it takes to process such applications, I say that nine months is clearly too long. That is one reason why we have announced that a senior Border Force officer is going to be embedded in the interior ministry in France to ensure that particularly the Dublin family reunion cases are processed as quickly as possible. We hope that that situation will improve.

The noble Lord asked what we are doing to ensure that children do not fall prey to the trafficking gangs. The evidence from Europol is that 90% of those who come to Europe have paid a criminal gang to do so. We know that those gangs are a serious threat and are operating in that area. One reason we are putting so much emphasis on the hotspots is that we want especially children but all asylum seekers to be processed as soon as they come into the EU. There are five hotspots in Greece and another seven in Italy. The Home Secretary has asked Kevin Hyland, the Independent Anti-slavery Commissioner, to go out to those areas with a child protection officer to see what more can be done for children.

In relation to the UNHCR, of course that has a wider remit around the world for those who are seeking asylum under the refugee convention. We are working very closely with it, particularly on the initiative announced by the Prime Minister in relation to the 3,000 identified by Save the Children as to what more can be done with them. The UNHCR is looking at a solution to that and we are expecting an answer from it in the next couple of weeks.

[Lord Paddick (LD)]

My Lords, I understand what the Minister says about unaccompanied children but what action are the UK Government taking to identify unaccompanied children with family in the UK who are legally eligible for asylum here, not only in Calais but in Grand-Synthe near Dunkirk and numerous other camps in northern France? Surely there are settled families in the UK who know that there are unaccompanied children related to them in these camps in northern France. Surely it cannot be left simply to the French Government and the children to apply for asylum. They are just children, after all.

[Lord Bates]

That is right. In the Written Statement on 28 January, we announced that we were devoting £10 million to the protection of children across Europe. We have provided additional support, particularly in the camps, to make sure that people get the advice they need. As the noble Lord rightly says, we are talking about children here and I well understand that they need an adult on their side who can work with them, helping and guiding them through the process. We have said that the best route for that is in the first instance that they claim asylum in France and then they can enter that system and get the protection they need. Then when their family are identified in the UK they can be safely transferred to the UK to be reunited with them.

Police: Body-worn Cameras

Lord Paddick Excerpts

Thursday 11th February 2016 Lords Chamber

Asked by

[Lord Paddick]

To ask Her Majesty’s Government what is the current guidance provided to police forces regarding the use of body-worn cameras by police officers.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, the College of Policing published interim operational guidance for the use of body-worn video in July 2014. The college is preparing evidence-based authorised professional practice, which we anticipate will be published later this year.

[Lord Paddick (LD)]

My Lords, Jermaine Baker was shot dead by the police in Tottenham last December. The fact that the firearms officer was not wearing a body-worn camera was viewed with suspicion by some and with regret by the IPCC. Does the Minister not agree that the Home Office needs to publish as soon as possible a statement on the current position on body-worn cameras and national guidelines, in order to avoid unreasonable suspicion falling on the police?

[Lord Bates]

The noble Lord asks an interesting question. The incident to which he refers involved a mobile armed surveillance support team. A lot of the guidance relates to the overt use of cameras by operational police. The covert is also covered by the Regulation of Investigatory Powers Act. This is something that we need to look very carefully at, and I understand that we will be receiving reports from the IPCC in considering what further action needs to be taken, perhaps in the Policing and Crime Bill.