Syria

Lord Roberts of Llandudno Excerpts

Thursday 9th January 2014 Lords Chamber

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what action they will take in conjunction with other European Union member states to establish a European-wide evacuation and resettlement programme for those fleeing conflict in Syria.

[Lord Roberts of Llandudno (LD)]

My Lords, I appreciate this opportunity to lead the discussion in this House on what has been termed,

“the greatest humanitarian catastrophe of modern times”.

More than 850,000 Syrian refugees are in Lebanon, inflating the country’s population by almost a quarter, 575,000 refugees are in Jordan, 560,000 refugees have crossed the border to Turkey, and 130,000 have fled to Egypt and 210,000 to Iraq. Following news on Tuesday that Iraq is reopening a border into its Kurdish region, this last number is set to escalate.

The total number of Syrian refugees is now estimated to be 2.3 million, of whom only 0.5%, around 12,000, is spread across the whole continent of Europe. Bulgaria, whose people were so demonised in the lead-up to 1 January and which is the European Union’s poorest country, is bearing the brunt. An estimated 100 Syrians enter Bulgaria every day, many of them illegally. Those who arrived last year were five times the country’s annual asylum quota. This poor country simply cannot cope.

While the numbers are important, we must not let them mask the human sorrow, the tragedy, the catastrophe, that is the real substance of this crisis. The UN and its partners in the region face many pressures. They have to safeguard the health of millions, many of whom are now at risk of contagious diseases, such as polio. Their ability to deal with the extraordinary, such as survivors of torture and victims of chemical attacks who now have severe respiratory problems, is obviously limited.

These organisations are also fighting to ensure social stability, which is an uphill battle. In Lebanon, where the population has grown by an extra 25%, essential resources, space and labour are all causes of significant social tension. Near a village in east Lebanon, a makeshift refugee camp providing shelter for hundreds was burnt down last month, a sign of the increasing social tension in that area. The violence is spreading. The Lebanese town of Tripoli saw bloodshed mirroring the Syrian conflict in the past few months. Car bombs in Beirut are once again headline news. Lebanon’s recovery from its own civil war has been long, slow and difficult and is far from over.

The Syrian civil war is enough to spark renewed violence that can destabilise the whole region. The spread of violence will continue unless practical and immediate measures are taken to relieve the pressures on Syria’s own neighbours. They are generous, but can they cope? The international community has responded admirably to the United Nations high commission’s call for financial assistance for refugees. The UK has pledged £500 million in aid—4.1% of the 2013 aid budget. A further £16 million was pledged only a few days ago. However, refusing to provide further practical help can undermine the overwhelmingly generous response from the UK public to this crisis.

It is immediate, hands-on, practical help that is now needed. We have so far failed to allow any extra space for Syrian refugees, but I suggest that it is now absolutely imperative that we do so. I received a Written Answer on 28 November from the Minister, informing me that the Government refuse even to consider relaxing the financial requirements in the family immigration rules for the extraordinary cases of Syrian nationals resident in the UK. I consider this response reflects a deplorable lack of compassion on behalf of the Government, considering how we as a nation and a society could combat that international crisis. Simplified and expedited family reunions for Syrians here, on any kind of visa, should surely be considered further. What proactive efforts have been made to reunite refugees in the UK with their families? Will the Minister make a declaration on the status of Syrian students in the United Kingdom?

On Tuesday, the Deputy Prime Minister stated that we have accepted 1,500 Syrians seeking asylum in the UK. This number, however, needs to be taken in context to be properly understood. First, it represents only those who were able to reach the UK independently using the normal asylum process. That precludes so many—millions—of those who are most in need of our help. Secondly, I understand that 352 Syrians were refused asylum. Indeed, by the third quarter of 2013, there were still 446 Syrians awaiting a decision on their application made through the normal channels. The truth is that ignoring the problem and accepting Syrians seeking asylum only through normal routes can be hugely damaging. The UN has called for us to take Syrian refugees in addition to our current resettlement quota.

I am not at the moment calling for the creation of another EU body. Under the auspices of the UN, a working resettlement programme already exists. The UN aims to register all refugees, and in so doing document those in particular need. When other developed nations answered the United Nations’ call for resettlement, they responded to the cry for help from the UN on behalf of these most vulnerable human beings. Not all countries have used the same method but they have, in their own way, responded to the need. Norway, Finland and Sweden have each accepted 400 to 1,000 refugees on a permanent basis. The Government of Canada have accepted 200 refugees, but have also pledged a further 1,100 places through private sponsorship. Germany, taking the lead, has pledged 10,000 places, staggered across the next three years, on the basis of a pilot humanitarian assistance programme, limited to a two-year stay. On a similar basis, Austria and France have each offered 500 places. Even Moldova, with a GDP of just over $2,000 per person, is taking 50. We have said that we can take nobody.

Does the Minister agree that only a firm, global or continent-based resettlement programme will offer a durable solution to this crisis? Both in financial and in practical human terms, the current, unequal levels of response are totally unsustainable. The United Nations is already working closely with these countries to select and assist the most vulnerable, including women and girls in danger of sexual violence, survivors of torture, refugees with severe medical needs and disabilities, those in need of family reunification, and those who face persecution because of their political views, sexuality, ethnicity or religion. We hear so much about the persecution of Christians in that part of the world. We are saying that we are not going to accept these people. We are denying them a place and saying that they must make do with what other countries—Jordan, Turkey and others—are offering. The priority is not only to accept those who are in danger, but also those who will be invaluable in the rebuilding of Syria once this dreadful conflict has ended.

Amnesty calls on us to accept 10,000 of those in need. I fully support that call. Does the Minister? He will say, “Ah, but that is a big number”. With the Vietnamese boat people in 1979, we did accept 10,000. The fears of a public backlash in that case were totally unfounded. The British people proved their compassion and their hospitality. Of course, a decade earlier, in 1968, the east African Asians were another example. Forty-five years on, and in the light of the greatest humanitarian catastrophe of modern times, we are called upon to do so again. When the Minister says that we cannot possibly have a resettlement programme, where does he get his knowledge from? Where is the difficulty? The UK has a proud history of providing support in this way, most recently in the Balkans. What has changed?

I suggest to the Government and to this House that we can no longer afford to sit back and wait. The social, financial and human cost of doing nothing is mounting by the minute. The cost will surely be felt by all. As a Government, we can move and assist so many people in a very practical way.

Immigration: Detention

Lord Roberts of Llandudno Excerpts

Wednesday 4th December 2013 Lords Chamber

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether, in the light of the case of Mr Isa Muazu, they will clarify their policy in relation to the detention of immigration detainees who are seriously ill and refuse food and fluids.

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

My Lords, a refusal to eat or drink will not automatically mean that a person should be released from immigration detention. This position has been upheld by the courts. On 19 November, Mr Justice Ouseley said that he did not accept the suggestion that the Secretary of State had adopted a hardline policy of saying that there would be no release for this claimant who was refusing food and fluid. He went on to say that the decision to start, maintain and continue the refusal of food and fluids to the end was for the claimant to make, adding that,

“his detention does not become unlawful simply because he is determined on that outcome”.

[Lord Roberts of Llandudno (LD)]

My Lords, the Minister may be aware that last week I received an assurance from the Home Secretary that landing arrangements had been made in Nigeria. Something went seriously wrong. Why did the Government attempt to remove a dying man at such human and financial cost, and will the Minister give us an assurance today that Mr Muazu will not be deported in his present condition? Will he also instigate an immediate review into immigration detention and end such routine and inhumane treatment, always remembering that asylum seekers—even failed asylum seekers—are human beings just like us and deserve deep respect?

[Lord Taylor of Holbeach]

My Lords, it may help the House if I update noble Lords on the current situation concerning Mr Muazu. The welfare of detainees is our highest priority. While refusing food and fluids, Mr Muazu was continually offered medical treatment, including patient care at hospital, which, until recently, he continually refused. Mr Muazu is regularly monitored. The latest assessment—I had a report this morning—shows that he is eating and drinking well and is mobile, and that he continues to be fit to fly.

Identity Cards

Lord Roberts of Llandudno Excerpts

Wednesday 16th October 2013 Lords Chamber

[Lord Taylor of Holbeach]

I assure my noble friend that a sufficient number of documents are already in circulation which will assist identity processes. There is no need to add a further identity card to the list of cards that people have to carry.

[Lord Roberts of Llandudno (LD)]

My Lords, I welcome the Minister’s reply on this. Of course it is part of the coalition agreement that we do not introduce ID cards. We have the citizen’s card, which is mainly available for retailers to decide on the age of those who want to buy tobacco and so on, but we also have 45 million passport holders and 43 million driving licence holders. Surely this is enough. I was really surprised that this might be linked to the Immigration Bill that is coming before us. I think we must look very warily before we even think in this direction.

[Lord Taylor of Holbeach]

I can only agree with my noble friend.

Immigration: UK Citizenship and Nationality

Lord Roberts of Llandudno Excerpts

Thursday 10th October 2013 Grand Committee

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether they have plans to revise their requirements for those who apply for United Kingdom citizenship or nationality.

[Lord Roberts of Llandudno (LD)]

My Lords, I appreciate the opportunity to bring up the question of residency and access to the United Kingdom, and to ask the Government to look again at the requirements of those seeking UK citizenship: residency conditions; evidence of their good character; English language ability; and a matter that I have raised in the past, the Life in the UK test. A friend from Texas took this test several months ago. These were the questions she was asked: first, whether Elizabeth I handled her Parliament badly or had good relations with the legislature; secondly, whether UK citizens were renowned for backing individual liberty, intolerance, inequality or extremism; and thirdly, was it true or false that in 2002 Sir Winston Churchill was voted the “greatest Briton of all time”.

I should like to take the Minister up on an offer he made during Questions in February to meet interested groups in order to devise a more relevant and practical set of questions. As he will know, Dr. Thom Brooks of Durham University makes a number of recommendations for change. First, the handbook should make it clear which sections are to be tested. It contains about 3,000 facts—far too many for anyone to memorise—and the whole matter could easily become a pub quiz. There are inconsistencies and omissions that need to be rectified. The Government should decide what the rationale is for the test. Is it to be a stumbling block or a ladder in the immigration process? It appears totally unfair that it is used as part of the Government’s plan to reduce immigration. That is not what the test is there for.

Many of the current questions could be omitted. It does not help us at all to know when wives were granted the right to divorce their husbands. Let us make the test far more local: on the basic history of the community where the applicant lives, on where local schools, pharmacies and hospitals are, and so on. It would be interesting if we set up a parliamentary citizenship quiz—perhaps the Commons versus the Lords—on the Life in the UK handbook. If it succeeded here, we could then roll it out across the UK to see how many long-serving, ordinary UK citizens could answer the questions asked. Perhaps the Minister could set up a ministerial team to tackle these questions. The answers to irrelevant questions should play no part when one is making decisions about a person’s suitability for citizenship. I ask again: where is the necessary information about the NHS, how to report crime, or which subjects are taught to our children? We have to have someone looking at this new set of questions, and perhaps Dr Thom Brooks could do just that.

In 2008 the noble and learned Lord, Lord Goldsmith, said of the test that it created a deep impression of unfairness among those who had to sit it. I agree with him but I would go further. I suggest that an accurate impression of the UK’s current immigration system is one that is deeply unfair and riddled with inequalities. I know many folk representing immigrant societies, trying to help them in their present situation, and the general impression is that the whole situation is shambolic.

There is much talk about how we must attract the brightest and the best. Is that done by restricting our immigration further? I have a Bill before the House to reduce from 12 months to six months the time within which those seeking asylum in this country will be able to work. Is it by indefinite detention? Is it by reassessing the family migration rules? These can be barriers but they can also be bridges.

Only 26 of the 193 countries in the United Nations have an average personal income of more than £18,600, which is the sum called for before people can take up their place in our community. You see families with far less than this. In Nigeria the average income is £1,022 and in India it is £935. We are setting impossible targets. How on earth can people raise this sort of money? How can they send their children to somewhere where they can fulfil their dreams? We rely so much on people from India, Nigeria and other countries in order to run our National Health Service. I looked at the list of consultants in the three north Wales general hospitals and a third of them come from outside the UK and outside Europe. If we had these sorts of limits when they were struggling in their own countries, our health service would have gone a long time ago. There could be a very real crisis and if we establish them now and insist on them, that crisis is waiting for us in the future.

Today’s new Immigration Bill, of which I have had a brief view, makes nonsense of the dreams of the past. When the Statue of Liberty was erected, what was written on it? It stated:

“Give me your tired, your poor,

Your huddled masses yearning to breathe free”.

In the UK today we say: “Stay where you are. The barriers are up; the bridges are destroyed. Forget the hopes and dreams for yourself and your children”. Of course, if you are a wealthy entrepreneur, you can buy residency here if you have £20,000 or £50,000 or £200,000—you can buy your citizenship in the UK—but if you are a little child, with tremendous potential, in one of the African countries, hard lines. The world will never benefit from what you could contribute.

On 25 March the Prime Minister said that he wanted the brightest and the best to come here, but what chances are there for so many? Do we not have an opportunity here to provide them with an opportunity? One thing we could do is to improve at an early stage our links in twinning with schools in places like Africa. There is a lot that can be done and perhaps in the new Immigration Bill we will be able to take up that opportunity.

I think of the vans that went out—they were actually lorries more than vans. The Home Office paid for posters. How effective were they? In the Commons today, it was revealed that only one person took advantage of that offer: one person from Pakistan. There was nobody else. Despite all the cost and the unease produced by the posters, they had such little effect.

This morning, I heard Mrs May trying to create a hostile environment for undocumented migrants in the UK. In an earlier debate, the noble Earl, Lord Attlee, said that denying asylum seekers the ability to work makes it difficult for them to integrate into our society, which is what we want.

I suggest that the whole culture and attitude is one that we must deplore. It is the new attitude. I imagine that when the Welsh dairymen came here more than 100 years ago, they were not really welcome, and that there was hostility. “Taffy” was one insult for the newcomers.

In 1938 the Daily Mail headlined its story: “German Jews are pouring into this country”. It went on to print:

“‘The way stateless Jews from Germany are pouring in from every port … is becoming an outrage. I intend to enforce the law to the fullest’. With these words, Mr Herbert Metcalfe, the Old Street magistrate, yesterday referred to the number of aliens entering this country through the ‘back door’—a problem to which the Daily Mail has repeatedly pointed”.

That was in 1938. The attitude was hostile. Where did it end? It ended in the Holocaust.

The response in 2013 can be much better than that. We should ask the Minister to look again at the contents of this test, and at the whole raft of immigration legislation.

[Lord Ahmad of Wimbledon (Con)]

Before my noble friend rises, perhaps I may remind noble Lords that this is a time-limited debate, with contributions limited to six minutes. If any speech exceeds that, it will eat into the Minister’s time, and the time of the opposition Front Bench, so I would appreciate it if noble Lords could keep to time.

Immigration Rules: Impact on Families

Lord Roberts of Llandudno Excerpts

Thursday 4th July 2013 Lords Chamber

[Lord Roberts of Llandudno]

My Lords, I wish that I had made any of the speeches that we have heard this afternoon. It has been a wonderful debate and we thank the noble Baroness, Lady Hamwee, for making this possible. The report has emphasised the action that is making family life so much more difficult.

I fear that the old British hospitality is becoming British hostility—that is how it looks to those overseas. There is a knee-jerk reaction to so much that happens and half-truths take over from positive, full, thorough-going reports. It seems that if you want to make your home here in the UK, it is an obstacle course now—a difficult and very unwelcoming situation.

So much that we read in our newspapers seems to be there in order to create hostility and stir up opposition to people outside the UK. Of course, we are all immigrants. The English came to Wales, we came to England; we had 3,800 Welsh dairies in London. We have been a people who move, who are happy with each other, and so it should be today.

I read one paper today and there were four stories about the immigrants who are coming and how unwelcome they are, with headlines such as, “Immigrants sponging off the taxpayer”. But the Office for National Statistics says that while 13% of UK taxpayers claim out-of-work benefits, only 7% of immigrants do. Another headline was, “EU migrants take our jobs”. But the facts are that nine out of 10 new jobs are taken by British nationals. We also hear that the epidemic of health tourists is costing us billions. However, the British Medical Journal reported that more Britons seek health advice overseas than people from overseas seek health treatment here in the UK. Scaremongering creates hostility, both for immigrants and British citizens. It has no place in a civilised society.

As has already been mentioned by others in this debate, in the field of asylum and immigration it seems that we are making the door narrower and narrower and the obstacle course more difficult. Instances of this include the UK citizenship test, which we mentioned here the other day, and the low, frozen asylum support rates. An asylum seeker who comes to the UK must wait 12 months before being allowed even to consider taking a job. He must exist on £35.63 a week. That is the income. It is not, as some suggest, that £1,000 cheques are waiting for asylum seekers as soon as they arrive in this country. That is not the truth. The truth is that we make it more and more difficult for people who come to this country. Now, of course, there are new restrictions which will divide families. That is totally opposed to our British tradition.

I turn now to the “Life in the UK” citizenship test. I owe a lot to Dr Thom Brooks of Durham University for his investigation into these questions. This UK citizenship test is totally inappropriate. We are told:

“If you spill a stranger’s drink by accident, it is good manners (and prudent) to offer to buy another”.

People have to know that, and applicants are also expected to know 278 historical dates. Can any noble Lord tell me the height of the London Eye? You are expected to know it. There are 3,000 facts in this citizenship test. Even we could not answer all the questions. A little while ago in this Chamber I asked, “When did the Emperor Claudius invade Britain?”. The answer was “43AD”, but nobody raised a hand. The test makes it impossible for people who want to become part of a community here in the United Kingdom to have any confidence at all. Dr Brooks said that it is more like a bad pub quiz than anything meriting true consideration. The ladies here might like to know that in the test there are 29 historical figures who are men and only four who are ladies.

The Government are erecting more barriers and making entry into Britain nearly impossible, especially for those with little funding. Not only should we welcome people, we should welcome people who have talent and potential. A little while ago I was with the Watoto children’s choir, who come from Uganda. I asked them what they would like to be when they grow up. They are orphans, whose parents died of AIDS. One little girl said she wanted to be a nurse and a little boy said he wanted to be an airline pilot. We came to the last child, who was 10 years old and a feisty little fellow. “What do you want to be?”. “I want to be President of Uganda”. I thought that was a wonderful answer. People have dreams and they have abilities. Our approach to those who want to come to these shores should not be to close the door and make it difficult. We should not only assess the money they have, but also the abilities and dreams that they can share with us.

Citizenship Test

Lord Roberts of Llandudno Excerpts

Tuesday 26th February 2013 Lords Chamber

Asked By

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether they have received representations about the new UK Citizenship test.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, the new Life in the UK Test, which is taken for settlement and citizenship purposes, will begin on Monday 25 March and will have British history and culture at its heart. We have not as yet received any direct representations, although public comment on the new handbook has been broadly positive.

[Lord Roberts of Llandudno]

I thank the Minister for his reply. However, does he not consider that the new handbook is impractical and irrelevant and does not deal with the problems that people need to tackle when they come to Britain? The book contains 3,000 hard facts to be mastered. For instance, does he think it appropriate that every person who sits this test should know when the Emperor Claudius invaded Britain?

[Noble Lords]

Oh!

[Lord Roberts of Llandudno]

I am sure that somebody will know. I can go back to Wales; other people can go back to other places. It was AD 43. However, given that there is some discontent regarding the questions asked, would the Minister be prepared to meet some of us who share that concern to discuss a more practical handbook on life in the United Kingdom?

[Lord Taylor of Holbeach]

My Lords, I am always very happy to learn and would be delighted to meet my noble friend. However, I do not agree with his summary of the new handbook. I think that it contains relevant British history and culture, which is the whole purpose of the exercise: that is, to provide facts on which people can base a life of settlement and, indeed, citizenship in this country. Therefore, I disagree with the premise of my noble friend’s supplementary question but I am very happy to meet him.

Asylum Seekers: Support

Lord Roberts of Llandudno Excerpts

Thursday 24th January 2013 Lords Chamber

[Lord Taylor of Holbeach]

No, I cannot confirm that to the noble Baroness; I do not have the up-to-date figures. As she indicated, there is a clear drive by the Government to eliminate situations where children are kept in those settings and to find alternative ways to accommodate families so that children are not separated, if that is possible.

I should point out that the level of support for families in this country is far greater for a family of four, for example, compared with Sweden or Denmark. Indeed, if there is any sector where there is a lesser payment than elsewhere, it tends to be for single adults.

[Lord Roberts of Llandudno]

To come from a slightly different angle, so many of those from the European Union who come to the UK find themselves destitute here. What plans have the Government to publicise the availability of accessing national insurance payments that have been made in Poland, Estonia, or wherever, in the United Kingdom?

[Lord Taylor of Holbeach]

As my noble friend rightly points out, this is a slightly different question. Indeed, those benefits are payable by the Department for Work and Pensions rather than the Home Office, but I am sure that I can communicate my noble friend’s suggestion to my colleague in that department.

Police and Crime Commissioners: Elections

Lord Roberts of Llandudno Excerpts

Tuesday 4th December 2012 Lords Chamber

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what is their assessment of the operation and turnout of the elections for Police and Crime Commissioners.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, more than 5 million people turned up to vote in last month’s first ever election of police and crime commissioners, giving them an infinitely bigger mandate than the unelected and largely invisible police authorities they replaced. That number will only grow in the future as people see the real impact of PCCs and the changes that they will make in their areas, delivering on public priorities for dealing with crime.

[Lord Roberts of Llandudno]

I do not know whether to thank the Minister for that reply or not. The turnout nationally was 15%, the lowest being in Staffordshire at 11.6%. Does that really give a valid mandate to these new commissioners? We were told that the turnout would increase in the London mayoral elections, but there was a 34% turnout in 2000, the first election, while this last year it was 38%. It has gone up by only 3% or 4% in 12 years, so the facts do not bear that out. Nationally, in the police and crime commissioner elections, each vote cost £14, but in north Wales, it cost almost double that—£25 a vote. The election cost a conservative estimate of £75 million. It could be more—that is a conservative estimate. The sum would have paid for 3,225 new police constables.

[Noble Lords]

Question!

[Lord Roberts of Llandudno]

I am asking a question. My second question, which I am allowed, is: which is the better way of spending £75 million of public money—is it on 3,225 new police constables or on police commissioner elections with a 15% turnout?

[Lord Taylor of Holbeach]

My noble friend has worked very hard at producing figures which I am afraid I do not recognise. The total recoverable cost of the election in north Wales, as set out in the Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2012 is £1,063,000. The north Wales police area returning officer believes that the cost of contingencies for Welsh language ballot papers comes to around £62,000. Therefore, with 80,000 votes cast in north Wales, it comes to significantly less than the figure quoted by my noble friend.

Police and Crime Commissioners

Lord Roberts of Llandudno Excerpts

Monday 5th November 2012 Lords Chamber

Asked By

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what guidance is being given to electors for the election of police and crime commissioners who have not received election communications from the candidates in their constituencies.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, information about every candidate is published online and can be delivered in written form to anyone who wants it. Details of our website and how to request paper copies are on every voter’s poll card. Furthermore, every household has received information about the elections from the Electoral Commission. Knowing my noble friend’s particular interest, the website and the booklets are bilingual in Wales, as are the ballot papers.

[Lord Roberts of Llandudno]

I appreciate part of the Minister’s Answer. However, would he not agree with me that universal suffrage is the cornerstone of democracy, where every candidate has equal access to every elector? In this election we have no free post for candidates so only the wealthy can hope to pay their own postage to reach the electors. Millions of people are not online. Does the Minister not agree that this election is totally undemocratic and the result could be open to legal question?

[Lord Taylor of Holbeach]

My noble friend’s supplementary question was in two parts. I endorse all that he had to say about democracy. However, on the second point, I would have to say to him that there is no such thing as a free mail shot. It would have cost more than £30 million to have provided free post for all candidates. As I said in my original Answer to him, individual candidates have equal access to the Home Office website. That address is available on every poll card. Anybody who does not have access to the internet can get hard copies delivered to them if they wish. It may interest noble Lords to know that the website has received more than 1 million hits since it went up and more than 100,000 hard copies have been posted.

Police and Crime Commissioner Elections (Welsh Forms) Order 2012

Lord Roberts of Llandudno Excerpts

Monday 29th October 2012 Lords Chamber

[Lord Wigley]

My Lords, I am very glad of the opportunity to speak briefly on this order. I thank the Minister for his courtesy in pointing out last week that this debate was taking place, but having said that, I may not be quite so positive towards the Government. I certainly agree with the remarks of the noble Lord, Lord Touhig, in what has been an incredible episode in these events.

The deputy head of the Electoral Commission, Rhydian Thomas, has pointed out in no uncertain terms:

“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.

That applies in this case. It is not something new. The first Welsh Language Act was in 1967, there was another in 1993 and there was a revision from the National Assembly two years ago. That is known to the Home Office and has been known all through the procedures relating to the police and crime commissioner elections. Why on earth are we now, two days before the deadline for these papers to be posted out for postal vote purposes, having to spend an extra £350,000 to cover the mistake made by somebody in the Home Office?

In his document, Rhydian Thomas states:

“Police Area Returning Officers have put in place contingency arrangements; they are printing both bilingual and English language ballot papers so that postal ballot packs can be issued promptly. If this Order comes into effect in time, bilingual ballot papers can be issued in postal ballot packs. If not English language ballot papers will be used. The UK Government has agreed to provide additional funding to cover the additional cost of printing duplicate postal ballot packs”.

That is £350,000 at a time when we are told that every penny is vital. With all the cutbacks going on under the Welfare Reform Act and other legislation we see this waste of money because no one thought about it in time. That is of great concern. Rhydian Thomas further states:

“We are strongly of the view that the rules relating to any elections should be clear at least six months in advance. We have already made clear to the UK Government the unacceptable lateness of the Welsh Forms Order and our concerns about the inconsistency in their approach to prescribing forms and notices in English and Welsh for these elections”.

He later states:

“This Order should incorporate any corrections to address errors in the forms and notices that have been identified in the statutory English language versions”.

So we have not only got a mess through not having a Welsh language version, but the English language version that was drawn up was also incorrect according to the deputy head of the electoral structure in Wales. That cannot be acceptable. I fear that it indicates an attitude within the Home Office towards what is happening in Wales which, at best, is remote and uncaring and, at worst, is disdainful and contemptuous towards the needs in Wales.

I noted what the noble Lord, Lord Touhig, said about Wales Office Ministers, who clearly have a responsibility in this, but the primary responsibility for these forms lies with the Home Office—it should have got it right—and if the Home Office is incapable of getting it right on something as basic as this when the legislation has gone through the House, then, as in the case of Scotland and Northern Ireland, the Home Office should come under the National Assembly where, whatever else happens there, it would not have made a mistake of this kind.

Whereas I welcome the fact that these forms are going through at the 11th hour, I hope some lessons are learnt and taken to heart.

[Lord Roberts of Llandudno]

My Lords, I join with the condemnation of the noble Lord, Lord Touhig—apart from his final remark, which I do not accept at all—and the noble Lord, Lord Wigley. This is a shambolic way in which to undertake any kind of election. We have it on good authority that the ballot papers will be going out within the next 48 hours but it is only tonight that we will say, “Yes, let us have the bilingual papers”. How the staffs in the various local authorities will manage to do this over the next day or two is beyond my comprehension. Not only is this part of the election process at fault but the whole issue has been conducted in haste and has not been thoroughly thought through.

As to the postal ballot papers that are being issued, in the previous Parliament I campaigned to ensure that members of the Armed Forces then in Iraq and in Afghanistan now received ballot papers to allow them to take part in any election. There is not a chance that they will be able to do that now. There is something seriously wrong with our democracy when we deny people who are fighting for our freedoms the right to vote for the party of their choice.

To divert a little—I make no apology for this—how will candidates access the electors in their constituencies? Greater Manchester has 2 million people—I do not know whether that is the number of voters—so how are the candidates standing there going to get in touch with those 2 million people? Liverpool has 1 million people and North Wales has about 500,000 people: who will be able to contact these people with details of the candidates and their policies; how will they get through? There is no free post but a polling card was sent out about two weeks ago. That could have been used to provide at least a page from each of the candidates standing in the various constituencies—as they do in London mayoral elections—but nothing came.

No one will be able to say that this is a fair election. They may say, “It will be on the internet” but 8 or 9 million people have no access to the internet. How will those people know who is standing, which party they belong to and what their proposals are for policing in their particular area? It could have been so different.

Only the wealthy or well-funded candidates in North Wales—which is only a small electorate—could possibly afford £50,000 to mail people in their areas. No ordinary person—certainly no independent person—will be able to afford this. So some candidates will have access because they have money; others will be unable to afford access. Would there not be a case for a legal challenge to the results when they are announced? Someone will have to think that through thoroughly.

While I am delighted that at long last we are to have Welsh ballot papers and that a prototype is in our briefing, so much else is wrong. This is a total shambles which does not reflect on the people of the areas it is supposed to represent. As to the point about this being approved at the last hour, we cannot call for the election to be declared invalid now but certainly we need to go through it thoroughly in the future.

I support what has been said. I am glad that there has been at least an acknowledgement of Welsh—which, of course, is one of the great languages of the western world—but we will try to ensure that discounting us without a thought will not happen again.

[Lord Elystan-Morgan]

My Lords, I endorse with enthusiasm the chagrin that has been announced by each of the three previous noble Lords who have spoken in this matter. I have no doubt that, at best, it is an embarrassment for the Government; at worst, it could well be a disaster. In saying that, I exculpate completely the Minister, the noble Lord, Lord Taylor, in this matter, and the new Minister, whom I congratulate on her position.

The noble Lord, Lord Taylor, has already shown himself a person of great sensitivity and sincerity in relation to Wales and has shown a considerable chivalry as well. He wears the gown, as it were, of defending counsel in this case. I know something of what that role sometimes involves.

There is no doubt that disaster lies very close to our elbow tonight. If this legislation is not carried by five o’clock on Wednesday, which is less than 48 hours away, it will be impossible for these Welsh forms to be part of the election. There is no dispute about that. If that can be done—and I have no intention of dividing the House; nor, I am sure, has any other noble Lord—it will have been a very close-run thing.

However, there are lessons that we have to consider in this connection. This is a tale of two statutes: one is the Welsh Language Act 1967. The combination of Sections 2 and 3 of that Act mean that anything that is done in the Welsh language has equal validity as if it had been done in the English language. The blade was pushed a little further by legislation passed in 1993 and thereafter, but the basic principle was established in that Act. I am very proud indeed to have been a Member of the other place at the time.