Asylum: Sexual Orientation

Lord Scriven Excerpts

Wednesday 14th December 2016 Lords Chamber

Asked by

[Lord Scriven]

To ask Her Majesty’s Government how many people claiming asylum in the last year did so on the grounds of sexual orientation or gender identity; and of those, how many have been granted asylum.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Home Office does not publish statistics on the basis of asylum claims or the decisions arising from them. This is true for claims relating to gender and sexual identity. The Home Office is considering how data from its casework database may be assured and used to provide such information to a sufficiently accurate standard.

--- Later in debate ---

[Lord Scriven (LD)]

My Lords, I thank the Minister for that Answer, but those who sit on the Home Office strategic engagement group, set up after the Vine report in June 2014, will be surprised by it. At the last meeting, in September of this year, a senior civil servant said that the only reason that the statistics have not yet been published is because they are waiting for authority from the Minister. Which is wrong: the Answer from the Dispatch Box or the civil servant, who says that they will be published with the authority of the Minister?

[Baroness Williams of Trafford]

My Lords, I am not that Minister. However, I can say that the Home Office collects information that records whether a claim is based on sexual orientation, and it is likely to correlate with the claimant’s sexual orientation, although an individual may have an asylum claim that is quite distinct from their sexual orientation. The data are management information only—I can assure the noble Lord of that—and they do not form part of our published statistics because they have not been quality assured to a sufficient standard.

National Identity Cards

Lord Scriven Excerpts

Wednesday 16th November 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I would congratulate the noble Lord on introducing the identity card—but the Government do not agree with them and his identity card is probably invalid by now. I cannot help but repeat that we have passports. In fact, our passports now, particularly the e-passports, where facial identity can be cross-referenced with the actual document, are an improvement on what we had before.

[Lord Scriven (LD)]

My Lords, can the Minister name one country anywhere in the world whose citizens have identity cards or a number equating to their identity and has fewer problems with regard to benefit fraud, immigration or terrorism? Is there anywhere across the world were these problems have been completely eradicated on the basis of the demands of those who want to see this form of identification?

[Baroness Williams of Trafford]

Off the top of my head, no, I cannot.

Hillsborough

Lord Scriven Excerpts

Wednesday 27th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

It is quite right that we ensure that any ongoing criminal investigations are completed, and the Prime Minister has given a commitment.

[Lord Scriven (LD)]

My Lords, we must consider the crass statement that was put on the South Yorkshire Police website this morning, and the fact that the chief constable of South Yorkshire Police has just been suspended. In the light of what the noble Lord, Lord Blunkett, said, and whoever is elected as Police and Crime Commissioner next week, South Yorkshire Police is going to need extra support. What support will the Government look at giving to solve the problem of the clearly dysfunctional senior management within the South Yorkshire police force?

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point, particularly regarding the responsibility of the Police and Crime Commissioner. They will have an important role to play, but we will certainly be reviewing the situation. As further details emerge, I will write to the noble Lord about the steps we are taking. The important point is that there is a responsibility in the higher echelons of that police force. The noble Lord mentioned the statement put on the website which, as I said earlier, was both concerning and regrettable. There is a history of their making a statement and then retracting it. One would have hoped that, on this occasion, they would not have done so, but that is exactly what has happened.

Immigration Bill

Lord Scriven Excerpts

Monday 21st March 2016 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, this is a very difficult issue. The heart indeed speaks strong and it beats particularly strong, it seems, in this Chamber, but we also have to think it through a little. I entirely understand the good intentions behind the amendment, and nobody is better placed than the noble Lord, Lord Dubs, to propose it and the noble Lord, Lord Carlile, to speak to it. I would be perfectly content to support a Motion calling for HMG to accept a larger number of children and their families from the refugee camps elsewhere in the region. It is not a question of cost; it is a question of need and one that we should be ready to meet.

My concern is that the amendment refers specifically to unaccompanied children in Europe. These children are already in Europe and are initially the responsibility of the Governments in the countries where they find themselves. The idea seems to be that we, the UK, should take a fair share of these children, who indeed find themselves in terrible circumstances. But there is a risk, which we cannot dismiss—it is a serious risk—that in doing so we will make a bad situation even worse. We are not dealing here with a finite number of children—it is no use saying, “There are 24,000 children; we will take 3,000 of them”. We are dealing with a situation in which the families concerned have come to the view that if they can only get their children into Europe, they will be looked after, and as a secondary consideration they themselves might be able to follow them up later.

To my mind, the follow-up adults are not the issue, rather it is the risk that still more children will be put at very serious risk. A well-intentioned action could have the perverse effect that many more thousands of children will be sent off to face the terrible conditions that have been described. If so, we would not be solving the problem, and indeed we might be exacerbating it. That is why I believe that the Government are right to take refugees from the region, but not from Europe. It is unsatisfactory, but it is perhaps the least bad outcome. We have to consider this carefully. A point which has frankly been ducked in this debate—I think only one speaker has mentioned it—is the risk that this will generate very large numbers of children being put at risk and make a bad situation worse.

[Lord Scriven (LD)]

My Lords, I rise to make two brief points. The first is in response to the noble Lord, Lord Lawson, who talked about anyone over the age of 12 not being vulnerable. I find that a quite incredible thing to say, not just in the sense that 13, 14 and 15 year-olds are vulnerable, but because when we talked about votes for 16 and 17 year-olds in your Lordships’ House, people on those Benches were saying that 16 and 17 year-olds were not mature. So there is a form of hypocrisy here in terms of the age of those who are seen as vulnerable.

My second point is that it is a complete nonsense to suggest that this amendment from the noble Lord, Lord Dubs, would act as a pull factor. It suggests that parents and children are sitting in a war-torn part of the world and suddenly say that because 3,000 children have been accepted into the United Kingdom they are going to send their children here. People are fleeing because they fear for their children’s lives and their own lives, not because of some rational thought about what is being said in the sanitised, oak-panelled walls of this Chamber.

I end by saying this. I was brought up to do the right thing, not necessarily the easy thing or the technical thing about the territorial boundaries of where a child in need is. The amendment moved by the noble Lord, Lord Dubs, is the right thing to do. It is the moral thing to do. It sends a message about the morals of this country: that we open our hearts and our arms to those in greatest need. We do not turn our backs on vulnerable children.

[Baroness Hamwee (LD)]

My Lords, on behalf of these Benches, including my noble friends who have managed to restrain themselves from speaking—that is probably all of them—I want to say that the word “vulnerable” is overworked but entirely apt; this is not just about the youngest children. I have heard it said that a 14 or 16 year-old who has made his way from Afghanistan or Eritrea all the way across Europe is not a child. Well, he will certainly have had a lot of life experiences. Children come in a lot of shapes, sizes and ages, and a 14 year-old who is caring for his eight year-old brother still has the needs of a 14 year-old. The number of children who have disappeared must give us more than a hint of the abuse, exploitation and trafficking to which children can so easily fall prey. Even those who have not disappeared are unlikely to have avoided abuse and criminality entirely.

The Government have also claimed, although I do not think it has been referred to today, that accepting unaccompanied children risks separating them from their families. But the proposal, as I understand it, would apply to children who have been registered by the UNHCR as having no identifiable family in Europe or in their country of origin.

I turn to the pull factor. I will simply put it this way: there are so many push factors that we do not need to think about the pull factor. Something that has shocked volunteers working in northern Europe is the number of children involved, including some very tiny ones—their ages vary somewhat between the camps. This is not to deny the importance of assisting those who are in the camps in the Middle East, but to accept this amendment would be to acknowledge the huge public concern. When the noble Lord, Lord Dubs, referred to the contribution of refugees welcomed almost 80 years ago, I could see the nods of agreement right round the Chamber.

As to the mandatory nature of the amendment, I agree that it is not desirable to use legislation for a purpose for which it is not needed, but it would not have taken the form of an amendment if the Government had shown more movement towards the objective. Although the children in question may have rights in another European country, the situation surely is such that the UK should take the lead towards some sort of resolution.

I mentioned abuse, exploitation and trafficking. The noble and learned Baroness, Lady Butler-Sloss, did not mention the Modern Slavery Act, but I suspect that it was in her mind. The Government are proud of that legislation, which addresses exploitation, abuse and trafficking. Let us join up the dots.

Children: Sexual Abuse

Lord Scriven Excerpts

Monday 14th March 2016 Lords Chamber

[Lord Bates]

One thing we are trialling to get just the type of feedback that the noble Baroness referred to is joint inspections of safeguarding boards by HMIC, the probation inspectorate, Ofsted and the Care Quality Commission. Alan Wood’s review will report back into the process. It is taking time, but it is such a vital area that we need to get it right. Learning the lessons of the past is part of what Justice Goddard’s inquiry is seeking to do, to make sure that we can establish a body of learning to prevent such abuse in the future.

[Lord Scriven (LD)]

My Lords, will the Minister seriously consider direct intervention by the Government in South Yorkshire Police’s performance in dealing with child sexual exploitation? This has been highlighted by the recent report from Her Majesty’s Inspectorate of Constabulary, which said that South Yorkshire Police still needs to make major improvements. Following freedom of information requests to 10 forces across the country, a BBC report on Friday showed that, nationally, one in five cases reported is charged, but that in South Yorkshire the figure is one in 16.

[Lord Bates]

They are very serious claims. The HMIC report at least pointed to some improvement. We have Professor John Drew looking independently into this and will carefully follow his responses. It is very important to have the confidence of the public in that particular area, which has been at the centre of so many cases, so we will be watching very carefully indeed.

Immigration: Harmondsworth

Lord Scriven Excerpts

Thursday 3rd March 2016 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords—

[Lord Scriven (LD)]

My Lords—

Identity Documentation

Lord Scriven Excerpts

Thursday 14th January 2016 Lords Chamber

[Lord Scriven (LD)]

My Lords, I, too, thank the noble Lord, Lord Campbell-Savours, for initiating this debate. However, I am going to break the cosy coalition of those who believe that the state is the sole, and safe, guardian of my identity. I say that because I have listened to the debate and am still not clear what the problem is. It is not for me, as somebody who does not believe in ID cards, to defend the status quo; it is for those who want a change to prove that there is a problem and that ID cards are the effective solution.

Let us look at the real world outside this cosy Chamber and see what is happening in the countries that have ID cards. Many noble Lords have mentioned different countries, such as Germany, Spain, Italy and France, in talking about crime. Can any of those noble Lords or those yet to speak who wish to have ID cards point to a direct correlation between a reduction in crime levels and the citizens having ID cards? We need proof, not general statements. Those who suggest that ID cards will reduce the incidence of crime should give the statistics that show a correlation between ID cards and a reduction in crime in Germany, Spain and France.

It is also said that ID cards will somehow be effective in reducing terrorism. I remind noble Lords of the horrific attack and terrorist atrocities in Jakarta this morning and the appalling attacks that we have seen just across the water in France. Indonesian citizens carry ID cards, as do the citizens of France. Have those cards made them any safer? If noble Lords can show me a correlation between identity cards and a reduction in terrorism in those countries, I will support them.

We also hear about identity fraud. Again, I would like to see statistical evidence that there is more identity fraud in this country than in countries that have ID cards. I ask noble Lords to show me the facts. Most identity fraud now occurs online, and in the countries that I have just talked about national ID cards are not used to prove your identity in commercial transactions.

Benefit fraud and taxation fraud, which the noble Lord, Lord Campbell-Savours, talked about, have been given as reasons for bringing in ID cards. Most people do not lie about their identity in such cases; they lie about their financial circumstances. So, again, I ask noble Lords who support the introduction of ID cards to give me the facts which show that in countries with ID cards there is less taxation fraud and less benefit fraud.

[Lord Campbell-Savours]

Perhaps I may put it to the noble Lord that, if the nature of the population of a particular country changes for whatever reason, his argument falls apart because one is not comparing like with like.

[Lord Scriven]

My Lords, I am comparing like with like, because those who argue that ID cards work are suggesting that somehow the problems that they have suggested will be reduced. The noble Lord next to me made it very clear that he did not believe that they would wipe out these problems, but I am asking for the evidence that shows that they will reduce them: that is all I am asking for. I accept that they will not wipe them out or get rid of them, but I wish to know whether there is scientific evidence in those countries that shows that these problems have been reduced—because if there is not, we do not have a problem and our system works in a comparable way to that of other nations.

The last thing I will say on this issue, because I do not have time to go into the civil liberties argument, is that it is really important for British civil liberties and freedom. Part of what makes us British—the British values that some go on about—is freedom, and the state not having overall control of our identity. In dealing with this issue—and particularly crime and terrorism, where recently this debate has come up most—we would be undermining the very British values of freedom and civil liberty, and the criminals and terrorists would have won, if we were forced to have compulsory ID cards.

--- Later in debate ---

[Lord Blair of Boughton (CB)]

My Lords, I, too, thank the noble Lord, Lord Campbell-Savours, for introducing this debate. I take the view that ID cards are an idea whose time has come and I support exactly what the noble Lord, Lord Harris, said about an increasing number of people—a more and more rapidly increasing number of people—living a lot of their lives online and being quite prepared to give up information freely online. ID cards—state ID cards—are a natural extension of this process. My expertise, such as it is, is in security, and it will be on that aspect in the main that I will talk briefly.

False identities are an absolutely staple terrorist tactic. In answer to the questions from the noble Lord, Lord Scriven, in these troubled times it is not so much about the prevention of terrorism but its investigation. The police and the security services have an increasingly desperate concern in long-term inquiries, and sometimes in emergency inquiries, to establish the identity of individuals.

[Lord Scriven]

Is it not the case that, following the two major terrorist attacks in the UK, particularly the one in London, of the 99 recommendations given, quite a lot of those were about people already known and the security forces not acting on the data that they knew? It was not about a lack of data.

[Lord Blair of Boughton]

I am sure there were some recommendations like that, but perhaps when I have finished the noble Lord might see the opposite side of the coin.

It is this search for identity that lies behind the troubled development of the DNA database. The same reason lies behind the coming forward of the investigatory powers Bill and the question of ID cards.

I remind the House of two names: Kamel Bourgass and Manfo Asiedu. Bourgass was convicted in 2003 of the murder of Detective Constable Stephen Oake in Manchester. He was sentenced for that and other terrorist offences to 25 years in prison. Manfo Asiedu was the fifth bomber in the failed London attacks of 21 July 2005. He ran off across Wormwood Scrubs, throwing his device to the ground. He received 33 years’ imprisonment as a sentence. The thing that connects these two men is that at the time of their conviction we did not know who they were. As far as I can accept, we still do not know who they are. We know that the names they have given are not their right names. This is simply absurd. The links that we might have been able to establish to other plots and other people had a system of ID cards been in place are pretty obvious.

I need to make one issue clear, and here I disagree with the noble Lord, Lord Ramsbotham: nobody I know in the police or security services who has considered this seriously sees a need for people compulsorily to carry identity papers in the street. This is not a question of a police officer demanding papers from somebody walking down the road. However, in the case of serious crime and terrorism, the police need, as soon as possible, to establish identity. These days, it would not be difficult to create a system that would not be intrusive but would be of huge assistance in those inquiries.

As the Foreign Secretary said today, speaking about Jakarta, these are troubled times. These troubled times are on our very doorstep. I speak now to the Minister: I never understood why, as far back as the 2005 general election, the Conservative Party resisted the idea of ID cards. After Paris, after Istanbul, after Jakarta, I do not think the public will understand why the Conservative Party is still resisting the idea. It is an idea whose time has come.

Cities and Local Government Devolution Bill [HL]

Lord Scriven Excerpts

Tuesday 12th January 2016 Lords Chamber

[Lord Scriven (LD)]

Will the noble Lord give way? I am a former leader of Sheffield City Council and a resident of the city. Has the noble Lord spoken to the leaders of Chesterfield and Bassetlaw councils, where people may have a different view to the one he has just expressed?

[Lord Kennedy of Southwark]

I have not spoken to the leaders of Chesterfield or Bassetlaw councils but I have spoken to the leaders of Derbyshire County Council and Nottinghamshire County Council. It is an area I know quite well, but I accept we are not going to agree on all our points.

This is also an area of considerable natural beauty with a thriving tourism industry. I would be grateful if the noble Baroness could talk about the devolution deal for Nottinghamshire and Derbyshire. Discussions are taking place with those councils, but there are concerns. They are worried that any deal there will be potentially undermined by having further discussions about other councils leaving that area. This is not a good way of going forward.

Asylum: Sexual Orientation

Lord Scriven Excerpts

Monday 20th July 2015 Lords Chamber

Asked by

[Lord Scriven]

To ask Her Majesty’s Government whether they plan to implement the recommendations in the report by the Independent Chief Inspector of Borders and Immigration of March–June 2014 regarding the handling of asylum claims made on the grounds of sexual orientation, and if so, when.

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

My Lords, the Home Office has been actively working to implement the recommendations. An updated asylum instruction considering sexual identity issues in the asylum claim has been issued. Approved training for staff is under development. These will ensure the sensitive and effective exploration of asylum claims based on sexuality. The Home Office is conducting “second pair of eyes” checks on all such claims to ensure the consistent recording of cases and more accurate data.

[Lord Scriven (LD)]

I thank the Minister for that Answer. He may be aware that an action plan has been agreed with third sector organisations that has become more “plan” than “action”. Can he say when the action plan will be implemented and, if not, will he write to me giving a date? Also, could the person overseeing the action plan be someone equivalent to the director of asylum, rather than a junior policy officer, as is presently the case?

[Lord Bates]

I am aware of the action plan; it has been drawn up in consultation with the national asylum stakeholders group, which includes groups that work specifically with lesbian, gay and bisexual organisations. He will be aware of the report of the Independent Chief Inspector of Borders and Immigration: we have accepted all its recommendations and they are in the process of being implemented. I do not have a final date for when that will be concluded, but I shall certainly speak with officials about that and write to him.

Surveillance Legislation

Lord Scriven Excerpts

Thursday 16th July 2015 Lords Chamber

[Lord Bates]

Absolutely, and I think we are all grateful to the business managers for having arranged time for that very important debate before the report from RUSI had actually been received. There were many helpful contributions in that debate, including those from the noble Baroness, Lady Manningham-Buller, and the noble and learned Lord, Lord Brown of Eaton-under-Heywood, who shared incredible insights from their practical experience of the dilemmas that are faced. On the issue of judicial authorisation of warrants, judgment was split: RUSI and the ISC were in favour of the status quo whereas David Anderson wanted to look at it. That will be work for the pre-legislative scrutiny committee whose deliberations will, of course, be published.

[Lord Scriven (LD)]

My Lords, can the Minister explain to the House how, if the Government decide not to go for a judicial signature on the warrant, the country will get information from communications service providers abroad, which hold most of the data that would be sought, when they have said that they are highly unlikely to give over information based on a political signature but are likely to co-operate with us based on a judicial signature?

[Lord Bates]

As Sir Nigel Sheinwald, the Prime Minister’s envoy to the communications service providers on this issue, pointed out, our system is not entirely politically based. There is judicial oversight of the process in the shape of the commissioner, who can look into this and review the decisions taken. I hope that that would satisfy. I have to say—although the noble Lord is leading me down that road—that we have reached no conclusions on that, and it will be thoroughly debated publicly before any decision is taken.