King’s Speech

Lord Sentamu Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Sentamu (CB)]

My Lords, it is a pleasure to follow the noble Lord, Lord Dholakia. I begin my contribution to this debate on justice by calling Lord Bingham, a noble and learned Lord, as my expert witness. He is in glory. Thankfully, his incisive and illuminating legal mind speaks with authority on justice. He says at page 174 of his excellent book, The Rule of Law:

“The rule of law is … one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion. It remains an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large”.


I humbly suggest to His Majesty’s Government that The Rule of Law should be the golden thread that runs through the legislative programme outlined in the King’s Speech, as well as in the governance of our four nations. It is the perfect glue that binds together governance and the laws passed by Parliament. The Attorney-General’s excellent maiden speech chimes in well with this, as does the maiden speech from the noble Lord, Lord Timpson. Bravo!

Take poverty, for example. President Nelson Mandela said:

“Overcoming poverty is not a gesture of charity. It is an act of justice. It is the protection of a fundamental human right, the right to dignity and a decent life. While poverty persists, there is no true freedom”.


Now then, what are we to understand by the rule of law, a phrase that we regularly use? My expert witness says the existing principle is

“that all persons and authorities within the state, whether public or private, should be bound and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”.

Further:

“State observance of the rule of law requires the availability of effective and impartial dispute resolution mechanisms. This means that citizens must be able to access the courts, and be heard by independent judges, under a fair process”.


A manifesto commitment to put victims first, supporting them at every stage of the criminal justice system, is a good innovation, but surely it must treat all alleged perpetrators of crimes as innocent until proven guilty, and therefore supported as well.

Building more prisons will ease overcrowding. However, as a former chaplain in the 1980s of a sizeable remand centre that was full beyond capacity most nights, I know that building new prisons must go hand in hand with increased funding for the courts system; legal aid; the rehabilitation and education of offenders; a fully funded and renewed Probation Service; a regular training review of all prison officers; a rigorous refreshing of the workings of the Crown Prosecution Service; and the renewal of restorative justice—

“To no one will we … deny or delay right or justice”.


The rule of law is not an arid legal doctrine but the foundation of a fair and just society, and a guarantee of responsible government. It makes an important contribution to economic growth, as well as offering the best means yet devised for securing peace and co-operation. My expert witness in The Rule of Law advocates eight conditions which capture its essence. I will give you four:

“The law must be accessible and so far as possible intelligible, clear and predictable … Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve … Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers”.


Finally, there must be

“compliance by the state with its obligations in international law”.

When it comes to justice, the rule of law guards, protects, drives and guarantees its delivery. Love without justice is self-indulgence. Justice without love is tyranny. The rule of law holds both justice and love together in a creative tension.

Ukraine: Small Boats

Lord Sentamu Excerpts

Wednesday 1st May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I say to my noble friend what I said earlier: no request has come to the Home Office, and, as far as I am aware, the same goes for the FCDO and the MoD. As far as I am concerned, there has been no meaningful request to the authorities which could provide the boats that are under discussion.

[Lord Sentamu (CB)]

My Lords, the noble Lord, Lord Ponsonby, asked about seizing Russian assets to use them to support the war effort by Ukraine. That idea came from the Foreign Secretary. He said it on a BBC programme and everyone else there said it was the most brilliant idea that had come from the United Kingdom, so I am surprised that there has been no further conversation. I happen to agree with the Foreign Secretary; he has his finger on the pulse. Is it not time that these assets were seized and used to help Ukraine to fight its war?

[Lord Sharpe of Epsom (Con)]

As I think I made clear, I do not disagree or otherwise with the noble and right reverend Lord. He makes a perfectly reasonable point, but the Foreign Secretary is having those discussions and I am not.

Public Order Bill

Lord Sentamu Excerpts

Consideration of Commons amendments
Tuesday 28th March 2023 Lords Chamber

No doubt many others wish to contribute. I finish where I started: this is about suspicionless stop and search, which in certain areas to do with serious violence or terrorism may be necessary. It cannot be necessary in a free and democratic society to have suspicionless stop and search for protest-related offences. This is overreach by the Government, and noble Lords should support my Motion as a further way to try to mitigate the impact of a clause that should not really be there in the first place.

[Lord Sentamu (CB)]

My Lords, I stand only to amplify what the noble Lord, Lord Coaker, has said. Anybody who reads the Baroness Casey Review: Final Report will find it a great shock. The noble Lord, Lord Coaker, has tried to put her words very simply. Paragraph 10 in one of her recommendations says:

“The use of stop and search in London by the Met needs a fundamental reset.”


We cannot simply go back and say, “We’ve been doing it this way”. She goes on:

“The Met should establish a charter with Londoners on how and when stop and search is used, with an agreed rationale, and provide an annual account of its use by area, and by team undertaking stop and searches. Compliance with the charter should be measured independently, including the viewing of Body Worn Video footage. As a minimum, Met officers should be required to give their name, their shoulder number, the grounds for the stop and a receipt confirming the details of the stop.”


At the end of our Stephen Lawrence inquiry, we talked about stop and search. We said that stop and search should be retained because it is a useful tool for preventing crime, but we had a similar attitude and gave similar statements to the noble Baroness, Lady Casey. John Grieve was tasked by the then commissioner of the Met to carry out work on how this could be done. There was a pilot. It worked, but of course some newspapers did not like it and saw it as bureaucracy that prevented the police’s work too much, and it was then stopped. This has now come home to roost. Had we sustained what was started by Sir Paul Condon, we would be in a very different place, but we are not. We have a review suggesting that what is in Motion A1 would be a good thing. I do not see how that could go wrong.

Finally, as I said in the last debate on this, if the Bill is about public order, we have extended stop and search beyond belief. People are protesting—let us say young people—about climate change, injustice and unfairness. There is really no need for it; I cannot see why they should be stopped and searched. Most of all, these protests are at the heart of being in a free society. Most of us did not want Clause 11 but, now that it is in there, these provisions would be a safeguard so that the extension of stop and search does not do greater damage and hurt to our young people, who really want to protest.

Remember when they left school for a day to protest about global warming. If you stopped and searched them because you believed there was a reason to do so, most parents would have been offended. I would have been. Stop and search has been extended in the Public Order Bill and not for the rest of crimes, which I would wholeheartedly support. In many ways this amendment would limit the abuse that could occur because we went for believing as opposed to having grounds to suspect.

[Baroness Chakrabarti (Lab)]

My Lords, this Bill was always about political signals, not sensible policy. Finally, even signals must change. I respect the Minister, but others in the Home Office have been slow to respond to the concerns of the British public about abuses of broad police powers.

Much has happened and even more has been exposed since this Bill began its passage last May. Last July Wayne Couzens lost an appeal against a whole life sentence for the abduction, rape and murder of Sarah Everard while he was a serving police officer, after a purported stop and arrest for breach of lockdown laws in March 2021. Last month David Carrick was imprisoned for 30 years for an unrestrained 18-year campaign of rape and abuse while he was a serving police officer.

Also last month, YouGov reported that 51% of Londoners do not trust the Metropolitan Police very much or at all. Last week, as we have heard, the noble Baroness, Lady Casey, called for a “fundamental reset” of the use of stop and search, which she said is

“currently deployed by the Met at the cost of legitimacy, trust and, therefore, consent.”

Just yesterday the Children’s Commissioner, Dame Rachel de Souza, found that nearly 3,000 children aged between eight and 17 had been strip-searched under stop and search powers between 2018 and 2022. Nearly 40% of them were black. Half of those strip searches had no appropriate adult present.

All this relates to the use and abuse of current police powers. Still, today we are being asked yet again to green-light new powers to stop and search peaceful protesters without even a reasonable suspicion of criminality. When trust in policing and the rule of law is in jeopardy, if this House does not exercise its constitutional duty to say “enough”—no more power without at least the modest statutory responsibilities set out in Motion A1 in the name of my noble friend Lord Coaker—what are we for?

Public Order Bill

Lord Sentamu Excerpts

Consideration of Commons amendments
Tuesday 14th March 2023 Lords Chamber

I beg of this House to support these amendments to make a sign to people that we have taken this Bill seriously and are not prepared to give the police these powers without very clear definitions and a reminder that they should be used only in circumstances where they genuinely need to stop without suspicion. I would also like the Minister to explain a single circumstance when it would be impossible to stop somebody without this, because I do not believe you would stop somebody unless you had some sort of suspicion.

[Lord Sentamu (CB)]

My Lords, I declare an interest because I am going to follow the noble Lord in talking about young people. I am the president of the YMCA. A lot of those young people would have been caught up in the language the noble Lord referred to. I find it extraordinary.

When I was Bishop of Stepney, I was stopped and searched. The police officer who stopped me and searched my car asked me who I was. When I said that I was a bishop, he did not believe me. He then saw my dog collar and said, “Whoops”. The matter was of course taken up by the then leader of the city police. Thankfully, the gentleman acknowledged that it was him.

It is not just young people. It is not just black people. Your Lordships have heard the noble Lord, Lord Deben, telling us about his children. The power to stop and search somebody without a very clear definition gives me a lot of bother. I am a believer, and I love belief. The Bill says that the section of powers

“to stop and search without suspicion … applies if a police officer … reasonably believes”,

but how do you work that out? Was it in your head? Was it in your heart? Was it in the things you had read or seen on television? Friends, the word “belief” is so dangerous. The old “reasonable grounds for suspecting” is in there too. I would rather this section of the Bill did not exist.

I was on the Stephen Lawrence inquiry. I am sorry to mention it because the noble Baroness, Lady Lawrence, is in her place. We went around the country, and people had been stopped and searched so many times when the police did not have reasonable grounds to suspect them yet believed they were about to commit a crime.

The Stephen Lawrence inquiry gives a definition of the grounds on which you can suspect. The Bill is about public order and, therefore, some of the exceptions that the noble Lord, Lord Hogan-Howe, was talking about cannot be extended to it. Those are there, but they are not for this Bill. Do noble Lords seriously want a police officer to “reasonably believe” and then do it? How will you question that? They will simply say, “I believed it”. That cannot be good for a country of this kind.

I want noble Lords to read the Stephen Lawrence inquiry again—about the failures of the different ranks. Inspectors did not do too well during our inquiry. They are the de facto junior rank. I hear again that there are not many superintendents about. If the Bill is built on that, you need a much higher rank of police officer, not an inspector. If not many are about and this is what the Government want to do, increase the role of the chief superintendent to deliver this clause, which I think is unnecessary.

My dear friends, it is for those reasons: for the many young people of YMCA, and many like them who would have to think twice before going on a demonstration. For a country that believes that there is a right to protest—not a right to violence—you are really cutting them off. If the Minister really insists that this must go in, then the rank of a chief superintendent is a must. A police officer acting on the grounds of their beliefs, however reasonable they may be, is not a protection for the police officer or for the person being stopped and searched.

[Lord Berkeley of Knighton (CB)]

My Lords, I lived in Notting Hill for many years, near All Saints Road, on the route of the carnival. During the carnival especially, it was a joy to often see police officers entering into the spirit and dancing. That was absolutely wonderful. We must not paint this one way or the other. But, more often than not, I saw examples, especially not during carnival, where stop and search was used in an incredibly provocative way. Having lived there for many years, I would say that there was no more socially divisive thing about policing than stop and search. I beg noble Lords to think very carefully about inflaming this position.

As I said, I met many police officers who behaved wonderfully, but there were and still are some who stop and search far too often and, as we have heard, it is on black people on the whole. If we want a socially cohesive society, we must not make laws that threaten and may undo that. I would really counsel caution about this. Anything that can help us not go too far, such as the amendments by the noble Lord, Lord Coaker, should be supported.

50th Anniversary of the Expulsion of Asians from Uganda

Lord Sentamu Excerpts

Thursday 27th October 2022 Lords Chamber

[Lord Sentamu (CB)]

My Lords, I declare an interest as a former president of Makerere University Students Association. Together with the then president of Makerere University Students’ Guild, Olara Otunnu, we opposed President Idi Amin Dada’s decree of 4 August 1972 to expel within 90 days Asians who were Ugandan citizens and pleaded with him to observe international law and obligations regarding Asian citizens of other nations.

I am grateful to Thomas Brown of the House of Lords Library for his article Ugandan Asians: 50 Years Since Their Expulsion from Uganda. He writes that

“Ugandan President Idi Amin, who had seized power in a military coup the previous year, ordered the expulsion”

reportedly following

“a dream in which he had been instructed by God to expel them”,

because they had been

“‘sabotaging Uganda’s economy, deliberately retarding economic progress, fostering widespread corruption and treacherously refraining from integrating in the Ugandan way of life’”.

He continues:

“Estimates of the number of Ugandan Asians subject to Amin’s announcement vary, ranging from 55,000 to up to 80,000. However, sources such as the Economist, in a recent article marking the anniversary, have put the number of people of Asian descent in Uganda subject to Amin’s decision at around 76,000 … The variation in cited population figures appears to stem in part from an exemption announced shortly after Amin’s original announcement for those Ugandan Asians holding Ugandan citizenship, although many of these people were later compelled to leave the country and rendered stateless in the process … Of the estimated total, around half are thought to have held British passports with another 9,000 holding Indian or Pakistani nationality and the remainder either holding or having applied for Ugandan citizenship.”


Any country that renders its citizens stateless by compelling them to leave commits a heinous crime and violates the rule of law, and it breaches international obligations when it expels citizens of other nations from the country of their birth. I am deeply sorry that our opposition and plea to President Idi Amin were not heeded in the end.

Olara Otunnu and I were conscripted to accompany Idi Amin on his trip to Somalia to negotiate a trade and education deal with Siad Barre, the President of that country. Aboard the presidential jet, we reminded Idi Amin that when Uganda became independent on 9 October 1962 it incorporated the common law, statutes and case law of the United Kingdom into Ugandan law, including chapters 39 and 40 of the Magna Carta of 1215:

“No … man shall be seized or imprisoned or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land … To no one will we sell, to no one deny or delay right or justice.”


This is a recent translation from the Latin in Tom Bingham’s The Rule of Law. We continued our plea that the Republic of Uganda must comply with its international obligations in respect of Asian citizens of other nations.

Sadly, President Idi Amin never observed the rule of law. He saw himself as its embodiment and turned Uganda—“the Pearl of Africa”, as described by Winston Churchill—into a predatory state. Neighbourly love and the golden rule,

“in everything, do to others what you would have them do to you”,

became, “Do it to others before they do it to you.”

The expulsion of all Asians from Uganda was not only inhuman, brutal and racist; it broke the rule of law and international obligations. I salute all Asians expelled from Uganda. As president of Christian Aid, I am thankful for the block grant of £100,000 it gave every year to the reception centres in Birmingham and Leicester, and to the resettlement programme, and for the sterling co-ordinating work by Jack Arthey, Dennis Massey, Tony Jones, Alan Brash and Alan Booth.

May the United Kingdom continue to observe the rule of law and international obligations to the stranger in our midst. May we all do to them in many ways what we would have them do to us. I salute this country, which gave me refuge. Let us all take note of this debate.

Police, Crime, Sentencing and Courts Bill

Lord Sentamu Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, I have not thought an awful lot about this, but the principle, which seems unarguable, is that police officers should have a duty of candour. They are not the only ones who should; many other groups might want to adopt a similar approach, but so far as the police service is concerned, which is what this amendment is about, it is rather unarguable. How it works ought to be clearly thought through, which I guess is why the Government are consulting on it. The only question I had, which I have just discussed briefly with the noble and learned Lord, Lord Thomas, is how this would work with the criminal disclosure process and how that would impact on any ongoing prosecution or, obviously, any separate public inquiry. However, that is a matter of implementation rather than of principle. In general terms, I see no reason why it should not be implemented for the police; perhaps others may consider it too.

[Lord Sentamu (CB)]

My Lords, in the Stephen Lawrence inquiry, one of the challenges we faced was that the police were investigating the police—they were marking their own homework. Although Kent Police did a fantastic job, nevertheless there were areas where they could not quite press hard enough. They were very good in what they did, but it was not adequate, and therefore we proposed in the Stephen Lawrence inquiry that, whenever there is an incident, it should be investigated by an independent body.

This amendment would enhance that on the whole question of duty of candour. Again, during that inquiry we were given all the papers. There was no hidden stuff, so for that I must again congratulate the Met. However, this amendment is vital in order to support independent police inquiries, whenever there are areas of great concern. I hope nobody sees this as either intrusive or doubting that most of our police forces really want to do the best for their communities and places. Nevertheless, a duty of candour would impose a very good way of saying what concerns some people about the police, so I support the amendment.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lords, Lord Rosser and Lord Paddick, for affording us this further opportunity to debate the case for a statutory duty of candour. They have rightly highlighted the importance of the police’s openness and transparency, which is a very serious matter. It is at the heart of public confidence in policing and ensures that the police are held to the highest standards; this is crucial to maintaining that confidence.

As I did in Committee, I start by highlighting the extensive work that has already been done and is ongoing to improve integrity and openness in policing. Back in February 2020, we introduced a statutory duty of co-operation for serving police officers as part of wider integrity reforms. This duty forms part of the standards of professional behaviour set out in Schedule 2 to the Police (Conduct) Regulations 2020 and, in so doing, has the force of law. It is worth quoting in full the relevant paragraph:

“Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness.”


A failure to co-operate in this way constitutes a breach of the statutory standards of professional behaviour, by which all officers must abide, and could therefore result in a formal disciplinary sanction. I put it to the House at this point that this duty to co-operate puts a greater onus on officers than the duty of candour provided for in this amendment, as they could ultimately be dismissed for a breach.

The duty to co-operate has been introduced since the issues that were highlighted in the Bishop James Jones report concerning the bereaved Hillsborough families’ experiences, and the issues relating to the work of the Daniel Morgan Independent Panel, which were later highlighted in its report. We are keen that this duty becomes fully embedded within the police workforce. The recently announced inquiry, chaired by the right honourable Dame Elish Angiolini QC, will provide a further test of this duty.

In addition to the standards of professional behaviour, the College of Policing’s code of ethics delivers a set of policing principles and ensures that ethics are at the centre of all policing decisions. The college is currently reviewing the code and intends to further promote a policing culture of openness and accountability. The Government are confident that the work of the college will ensure that candour is directly addressed through this review.

Noble Lords will be aware that a response to the Daniel Morgan Independent Panel and Bishop James Jones report concerning the bereaved Hillsborough families’ experiences will provide a government view on a wider duty of candour for all public authorities. Before the Government respond to these reports, it is clearly imperative that the Hillsborough families are given the opportunity to share their views. We hope that this happens as soon as is practicable.

Bishop James’s report also encouraged public bodies to sign the proposed charter for bereaved families. This has now been signed by the NPCC, on behalf of police forces, so that the perspective of the bereaved families is never lost. The charter commits forces to acting with candour, and in an open, honest, and transparent way, when facing public scrutiny, for example through public inquiries.

Regarding the point made by the noble Lord, Lord Paddick, the decision on disciplinary action is not just for forces. Of course, the IOPC can also call it in.

In conclusion, we believe that the existing legislation requiring officers to co-operate already amounts to a duty of candour, and this is complemented by the further commitments that policing has made to transparency and openness. That being the case—

Police, Crime, Sentencing and Courts Bill

Lord Sentamu Excerpts

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 10th January 2022 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, I rise to support in particular Amendments 90H, 90J, 90K and 90L. As has been said, they are critical to ensuring that more vulnerable women are not drawn into the criminal justice system through the de facto joint enterprise element of SVROs. Probably like other noble Lords, I was shocked to read the briefing from Agenda, which states that analysis of

“109 joint enterprise cases involving women and girls”

shows that

“there was not a single case in which women and girls had handled a weapon; in 90% of cases they engaged in no violence at all; and in half of the cases they were not even present at the scene of the crime.”

As we have heard, SVROs will mean that women can be given an order based on a single judgment that, on the balance of probability, they “ought to have known” that someone in their company was in possession of a knife. That key phrase, “ought to have known”, is really troubling. Will the Minister consider how this fits in with wider policy, including the female offenders strategy, to limit the number of women serving short sentences and prevent reoffending?

We have a duty to limit unintended consequences. These amendments would do just that.

[Lord Sentamu (CB)]

My Lords, I rise to support Amendments 90G, 90H and 90J, but I will concentrate on Amendment 90G. I declare an interest: when I was a vicar in Tulse Hill, south London—I was there for 14 years—I was stopped and searched a number of times. I asked the police why, particularly when I did not have my dog collar on because I had gone to B&Q to get some paint to decorate our house. They said that they wanted to make sure that the tins of paint had not been stolen. I had to produce a receipt. I was then let go, but there were other occasions; it was not just a one-off.

I then became the Bishop of Stepney. I had been there for only about 18 months when, one evening, having taken my wife to a selection conference, on my way back, at about 10 pm, on that wonderful hill in London, I was stopped and searched. The man wanted me to open my boot, which I did. As I stood up, he suddenly saw my dog collar and purple shirt and said, “Whoops”.

I was an adviser to the Stephen Lawrence inquiry. By the way, it was not the Macpherson inquiry, as people tend to call it. If you look at the book, you will see that it was the Stephen Lawrence inquiry, chaired by Sir William Macpherson of Cluny, who died last year.

--- Later in debate ---

[Lord Bassam of Brighton (Lab)]

My Lords, it would be remiss of me not to thank the Government for bringing forward these amendments. They very much fulfil the objectives that I set out in moving my amendments in Committee. Imagine my slight surprise when I received an email shortly before Christmas from one of the officials telling me about this, though it had been suggested to me, and that the announcement was going to be made on Boxing Day—not a day traditionally used for parliamentary consideration. But I was pleased to hear that the Government were going to bring forward the amendments. I offered at one stage to co-sign them, but that seems to have got lost in the mists.

I am not entirely convinced that we would have seen these amendments if we had not brought them forward in Committee and threatened the Government with, I suspect, the possibility of a defeat on them. It has taken the Government too long to get to this point. Boris Johnson himself mentioned it back in July, but we have been campaigning on this issue for some years, and these amendments are long overdue.

Turning to the points raised by the noble Lord, Lord Paddick, I too would like to see some clarification as to whether these amendments will cover homophobic abuse. It is fair to say that many of the football clubs are well ahead of the Government on this already. I know that my own football club, Brighton & Hove Albion, has long taken the view that homophobic abuse is unacceptable and made that very clear, not just in its programmes and publicity but in its action. That is to be welcomed. Many clubs have adopted that approach and now take pride in supporting gay footballers and ensuring that people do not get abused in that way at games. That is to be welcomed, but we need some legislative clarity.

I have one further point that I wish to pursue with the Government. The Bill is an opportunity to cover online abuse wherever it manifests. Although football understandably is a natural focus for this because, let us face it, that is where a lot of racist abuse has been channelled over the last few years, particularly last summer, I challenge the Government to bring forward a further amendment which covers other sports. We are all very conscious and aware of the racism that is there in other sports and sporting activities, and the abuse that many black and minority-ethnic cricketers, in particular, have suffered.

We should try to deal with the whole package, and it would be a good challenge for the Government to meet to bring forward amendments that we and, I am sure, other Members of your Lordships’ House would support at Third Reading. We would be more than happy to use our drafting talents to make sure it happened. It would clarify once and for all the position for all sports men and women across the UK, and it would send a strong and important message that this is just not acceptable behaviour in any shape or form in any sporting arena or in any sport.

I support the noble Lord, Lord Paddick, in seeking clarity about homophobic abuse; that is really important. I would like the Government to bring forward further amendments to cover other sports at Third Reading. I do not think that it is beyond the wit of the Government they have clever and cunning draftspeople at their beck and call and there are plenty of us in this House who would want to support that and sign up to that agenda.

I place on record my thanks to the Minister and Ministers generally, to the Home Office staff who have supported them, and to our own staff in our Labour Lords team who did the original drafting, because this is an important step forward and we should recognise that.

[Lord Sentamu (CB)]

My Lords, I too support these amendments and thank the Government for their clarity; there were some other sections about which we were not sure in terms of their language. Again, sorry to sound as though I am stuck in a groove: in the Stephen Lawrence inquiry and its recommendations there is a definition of a racist incident and a homophobic incident. Parliament, in the other place, accepted all 70 recommendations. If you want to find how to phrase what the noble Lord, Lord Paddick, is talking about, it is already there in the Stephen Lawrence inquiry report and the recommendations that we made.

The thing about the law is that it must be predictable, easy to understand and not shrouded in mystery. I support the noble Lord, Lord Paddick. The Government need to be clear about this and the language because the other place accepted all 70 recommendations. It is in there, and it would be a mistake not to be very clear about the whole question of these homophobic incidents and the abuse that some people have suffered. I would support the Government in finding that language. They could put in similar words about what they have actually done about racism.

[Lord Pannick (CB)]

My Lords, I agree with the noble Lord, Lord Paddick, that it is very important to have clarity that homophobic abuse is here covered. For my part, I understand—I ask the Minister to confirm whether he agrees—that the substance of these amendments does cover homophobic abuse, in particular proposed new subsection (6) of the new clause, which refers to Part 3A of the Public Order Act 1986, which, as I understand it, specifically covers homophobic abuse, as does proposed new subsection (6)(x)(ii), which refers to Section 66(1) of the Sentencing Code, which, again, I understand covers homophobic hostility as well as racial hostility. But clarity is absolutely essential here.

Taqiyya and Al Hijra

Lord Sentamu Excerpts

Tuesday 24th January 2017 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness is addressing her question to the noble Lord, Lord Pearson, but I hope I can answer it. We all know that terrorism and terrorist ideals have absolutely nothing to do with faith; they are used to stir up hatred against different faiths. In fact, some of the biggest victims of Daesh have been Muslims.

[The Archbishop of York]

My Lords—

[Baroness Uddin]

My Lords—

--- Later in debate ---

[Earl Howe]

My Lords, I think the House wishes to hear from the most reverend Primate the Archbishop of York.

[The Archbishop of York]

My Lords, first, would the Minister agree that the term Taqiyya came into being at a time of terrible persecution? It did not get invented because people did not want to be difficult or awkward. Of my friends who escaped Amin’s torture, some left dressed as women. You would not say these Christians wanted simply to be deceptive; things have to be read in context. Secondly, the lecture by the most reverend Primate the Archbishop of Canterbury was a one-hour lecture in France; he is more than happy to repeat it if your Lordships’ House wants.

[Baroness Williams of Trafford]

I am sure that this House would be very happy and more educated for hearing from the most reverend Primate the Archbishop of Canterbury. I thank the most reverend Primate the Archbishop of York for putting the whole thing into context. Fleeing persecution is not the same thing as denying your religion.

Immigration Bill

Lord Sentamu Excerpts

Monday 3rd March 2014 Lords Chamber

Finally, Amendment 8, in the names of the noble Baroness, Lady Smith, and the noble Lord, Lord Rosser, gives effect to the recommendation of the Delegated Powers and Regulatory Reform Committee that the broad powers contained in new Section 10(6) be subject to the affirmative procedure because the powers delegated are not merely in relation to procedural powers, when a negative procedure is appropriate, but are capable of very wide application. I support this amendment, which retains the necessary powers for your Lordships’ House.

[The Archbishop of York]

My Lords, there are some very welcome amendments to this Bill, and I will speak shortly to Amendments 1 and 4.

As someone who owes his life to a country that was willing to provide sanctuary at a time of extreme danger, as my wife and I secretly left President Idi Amin’s regime in Uganda, I feel strongly about these matters. This is not to say that I do not recognise the need for proper border control. States have the right to guard their citizens from any real negative impact—social or economic—of excessive immigration. Nevertheless, Amendments 1 and 4 are actually very helpful in a number of ways.

First, I apologise that I was not in the House for the Second Reading on 10 February, but I was pleased to see the comments of the noble Lord, Lord Taylor, that day. He said:

“The Bill does not undermine individual rights; rather, it strengthens them. The arbitrariness of whether the family life threshold has been met is replaced by clarity and consistency”.

He went on to say:

“It streamlines the process of removing illegal migrants while protecting the vulnerable. … Families being removed will continue to benefit from the coalition’s commitment to end child detention. … We will protect the vulnerable”.—[Official Report, 10/2/14; cols. 416-18.]

However, undue haste is rarely in the interests of fairness, especially when people are disorientated, confused and fearful. While I can see the merits of bringing the decisions together, giving people only 72 hours to access the legal support and advice necessary to make an appeal is not helpful. What if someone is unwell or on holiday? I can hear those responsible having no answer to make other than, “'Tough luck”. It is only fair that if a person is to be removed they be given adequate notice. The amendment in the name of the noble Lord, Lord Avebury, would have it that the date of removal was given at that point. This is perhaps better than receiving a letter simply saying that you are liable to removal, although either makes it clear that preparations must be made, which is better all round. Of course, some will say that giving notice gives the opportunity to abscond, but, on balance, it is more humane to give notice. The determination is there for those who are regarded as at risk of absconding: they can be detained.

Amendment 4 is another vital amendment that is consistent with the earlier amendment. It would remove the possibility that a family member being removed might receive no notice. It seems to me that, if they did not receive notice, in a society like this that would be not good. I therefore support Amendments 1 and 4.

[Lord Ramsbotham (CB)]

My Lords, I shall speak particularly to Amendments 1 and 2 but also to Amendments 4, 5, 6, 7 and 8, as I shall explain.

At Second Reading, I explained to the House that the whole business of enforced removals was by no means new as far as examination from outside was concerned. Indeed, in 2008, I handed the Home Secretary a document called Outsourcing Abuse, which referred to 78 cases where injuries or death had been inflicted on people who were being removed forcibly from this country. I was then a commissioner on the Independent Asylum Commission, which made some far-reaching recommendations about the whole process. In December 2012, I handed the Home Secretary the report of a commission on enforced removals, which made another series of recommendations relating to the Home Affairs Committee report published earlier that year.

Although Part 1 of the Bill has the sub-heading “Removal Directions”, what is lacking from the whole enforced removal process is overall direction. I was very grateful to the Minister, who was accompanied by the noble Earl, Lord Attlee, for meeting me last week with the Bill team, when I gave him what we had in effect drawn up in December 2012, which was a draft code of practice laying down precisely what should be done in the Home Office as well as by the contractors who are responsible for the removal. The draft also provided for oversight of the whole process, which is sadly lacking at the moment. I was grateful to the Minister for saying that he would take away the document and study it, having referred it to the Minister for Immigration, because it is further reaching in the whole enforced removals process than the content of the Bill. Therefore, I did not table it as an amendment.

However, I should like to inform the House about the content of that document, which is really three codes of practice. The first is all about the actual conduct and the preparation of the case. It refers to duties of the Home Office, which we suggested should establish a complex returns panel to deal with single returnees who refuse either a voluntary or an assisted return in the same way that the Independent Family Returns Panel deals with families. I am very glad that Amendments 4, 5, 6 and 7 deal particularly with the families, and the Independent Family Returns Panel has been a qualified success ever since it was appointed. However, I do not think that that is good enough for the whole process, because the vast majority of people taken back are single people, some of whom have very complex cases indeed.

The document also refers to a group of people who have suffered from totally inadequate supervision and direction for years: the case owners in the Home Office. Frankly, I reckon they are both inefficient and incompetent. I do not reckon that they have ever truthfully told Ministers exactly what has gone on. That has meant that Ministers have not been in possession of the facts. Therefore, we put in the code of practice a lot of things that must be done to oversee the case owners and make certain that they are competent to carry out their task, including having a detailed understanding of immigration law.

Then we come to staff in the immigration detention centre, because that is where the returnee is based. Frequently, the detention centre staff know quite a lot about the person being returned which is not passed on to the case owner and is therefore never taken into account. That causes some of the problems in returns. We believe that immigration detention centre staff must be brought into the process.

Finally come the contractors—the people who provide the detention custody officers taking the person back. Again, this is a sadly neglected part of oversight at present. The contractors have behaved appallingly badly, in public and in front of the Chief Inspector of Prisons when he was accompanying a flight. That they are prepared to do that in front of him suggests that for years they have got away with—literally—murder. It is time that that was stopped. We suggest what must happen to them.

The next part of the thing is oversight. We believe that the Home Office must establish a clearer description and direction of oversight. It has the ideal person to do that in the Independent Chief Inspector of Borders and Immigration. I have met the chief inspector on a number of occasions and know that he is very keen to improve on what he has done already. The difference he has made since he was appointed in 2007 is enormously marked, as I note from when I was Chief Inspector of Prisons and responsible for doing detention centres. If he is given oversight over the process, particularly the practicalities of it, Ministers will find that a lot of the problems that currently appear and are listed under their names will disappear because somebody is responsible and accountable for making certain that those problems do not arise.

I will not speak to the final part of the code of practice at this moment because it refers to the use of restraint, which comes under Clause 2 and Schedule 1. However, my purpose in all this is that underlying everything that has gone on for far too long in the whole conduct of immigration has been what we described in the Independent Asylum Commission as a “culture of disbelief”. It is time that that was eliminated. I find very worrying at the moment that, although the UK Border Agency has been eliminated, I do not detect in the Home Office the leadership of the three silos that have been appointed to take over those jobs. The intentions of this Bill will be achieved only with leadership and drive of the whole process, starting with a determined attack on the 500,000 backlog—it will be defeated only by a determined attack.

--- Later in debate ---

[Lord Taylor of Holbeach]

No, the purpose of the changes is to make sure that people who are subject to removal leave voluntarily rather than through enforced removal. I am sure that the noble Lord and most noble Lords would agree with that proposal.

We will ensure that family members who have valid leave to remain in the UK in their own right will not be removed. We propose to remove only dependants of persons with no right to be in the UK. Where dependency is broken, such as when it involves a victim of domestic violence, the former dependant is expected to apply for leave to remain in their own right—and, if necessary, they will be removed if they were unsuccessful as a main applicant. We will also look at the best interests of the child in making any decision under our obligations—of which noble Lords are well aware—regarding victims of human trafficking.

This has been a helpful debate. I hope that I have been able to whet noble Lords’ appetite for a government response on this important clause before Report. I can reassure them that family members will always be notified if they are facing enforced removal. The draft regulations underscore this and make it clear how notice is to be given. In the light of those points, I hope that the noble Baroness will agree to withdraw the amendment.

[The Archbishop of York]

I still have not understood the Minister’s logic. I appreciate and want to commend the removal of the two-stage approach—the fast-forward immigration decision and then the removal decision. That has caused difficulty to a lot of people whom I have been representing and the Secretary of State knows that because we have had wonderful conversations. Therefore, I applaud that. But if there are 72 hours in which you can appeal the decision, what is the problem of giving notice in writing of the date and approximate time of the removal? People could still appeal within 72 hours. Why not state that? I cannot understand the logic. Can the Minister please help me?

[Lord Taylor of Holbeach]

The purpose of the notice is not to put people under notice as to the exact timing of when they will go. It is intended that they should be informed of where they will be removed to because that might have a bearing on human rights considerations. But the actual timing of their removal is an administrative matter. To my mind, it would be a complication that might reduce the effectiveness of these measures if the actual timing of their removal also had to be part and parcel of that notice.

If experience shows that it is possible to be more precise in working this new arrangement, I have little doubt that we will come back to the House to seek ways in which that can be done. But for the time being, it is expecting too much to be able to be precise about the actual time and date of a person’s removal when serving this notice.

[The Archbishop of York]

Is the Minister quite sure about that in the light of what the noble Lord, Lord Ramsbotham, said about the way that this thing will work—that it will not be very efficient and that people will not be very good at it? Now the Minister is saying that there will be an administrative decision by the Secretary of State. How can we be certain that the kind of problems that the noble Lord, Lord Ramsbotham, drew our attention to, which are real experiences that everyone knows about, will not affect the changes we are looking for?

--- Later in debate ---

[Lord Ramsbotham]

My Lords, I, too, pay tribute to government Amendments 10, 14 and 15; 10 because of the Independent Family Returns Panel about which the noble Baroness, Lady Hamwee, spoke. I agree with the importance of independence. There is no doubt that the Independent Family Returns Panel has made marked improvements to the process since it was formed, and that it is very well led and well worth listening to. I commend the coalition on the determination with which it has pursued the detention of children. Having served on the advisory board early in 2010, soon after the election, I am glad to see this clause in the Bill.

Finally, I am very glad to see the place of detention at Cedars, and I commend Barnardo’s for the way that it has conducted the care of families who have been in that place.

[The Archbishop of York]

My Lords, I, too, welcome this amendment. The noble and right reverend Lord, Lord Williams of Oystermouth, and I visited Yarl’s Wood when he was Archbishop of Canterbury. We were quite surprised and shocked, and made very clear representations about this particular question of the detention of unaccompanied minors. I am very grateful for what is happening here but again, like the noble Baroness, Lady Hamwee, I want to know whether the Minister can give us an assurance that there will be monitoring of the 24-hours issue and that it will not turn into a norm that nobody can question, so that we can find out whether this is healing a very difficult problem. However, for all of that, I welcome this particular amendment.

[Lord Judd (Lab)]

My Lords, this amendment is certainly a move in the right direction, but the one anxiety I have is that it still leaves matters very much in terms of systems and the responsibilities for ensuring systems are running properly. If we put ourselves in the position of the unaccompanied child, who may be going through all sorts of mental turmoil and agony—bewildered, uncertain and desperately in need of friendship and help—it would be good to hear a little about the Government’s thinking on how these real psychological, and consequently very often physical, needs of the young person are being dealt with. We have debated the policy in this Bill in previous years and, ideally, the child in this situation needs a personal champion, who is there throughout the process, advising, talking to and consulting them—if you like, a counsellor, who is there to enable the child to make sense of what is happening and being proposed and to enable the child to start developing his or her own views about what they really want to take place.

--- Later in debate ---

The amendment is generous in allowing the Government yet another six months from the passing of the Bill to produce a set of rules which has been delayed for so long. I beg to move.

[The Archbishop of York]

My Lords, I stand again to support this wonderful amendment with its mover. What is going on here? This makes sense to me. There are detention centre rules which govern immigration removal centres, but the short-term holding facilities in airports, as has already been mentioned, are very different. In some of them—for example, Pennine House in Manchester where, sadly, a Pakistani man died last July—people can be held for up to seven days. There need to be published rules to provide a sound governance structure. Without that, we will not be reassured. People can be held at times of great personal and familial stress. The intention behind the amendment is to make sure that these facilities make good provision, with clear rules, for safety, care, health, activities, discipline and control of detained persons. Who would argue against that?

[Lord Ramsbotham]

My Lords, I support the amendment so ably moved by the noble Lord, Lord Avebury. When I took over as Chief Inspector of Prisons and was given the responsibility for immigration detention centres, I was horrified to find that all of them were geared only for the short term and had no long-term arrangements for people who were there for a long time. When I went into it, I discovered that the reason for this was the lack of direction from the Home Office. There was at that stage the Immigration and Nationality Directorate, which was meant to be running the centres, and they were all let out on contract, but there was no overall drive, no direction.

The fact that we have now been waiting for longer than World War II for this matter to be resolved suggests that that lack of direction and drive obtains across the whole immigration detention centre system anyway. I am still told by members of immigration monitoring boards that, in fact, the centres where people are held—sometimes for years, let alone months—are not geared to look after their needs in any more than the short term, about which I asked last October and which has been so ably described by the noble Lord, Lord Avebury. It is important not just that the Government do this in six months, but that they appoint someone responsible and accountable for overseeing these centres, and seeing that things actually happen.

--- Later in debate ---

[Lord Rosser]

My Lords, Amendment 12 provides for the enforcement powers provided for in Schedule 1 to be subject to oversight by the Chief Inspector of Borders and Immigration, the Independent Police Complaints Commission and Her Majesty’s Inspector of Prisons. The powers introduced by Schedule 1 include escorting and searching detained persons and entering and searching premises. There is also provision for a wider interpretation of the general power to use reasonable force compared with that in previous immigration Acts, and the schedule increases the powers of immigration officers, including with regard to the power to use reasonable force.

This is an important issue, not least in the light of the inquest into death of Jimmy Mubenga in late 2010, following the restraint used as part of his deportation undertaken by a private sector company. In that case, the coroner determined that the cause of Mr Mubenga’s death was an unlawful killing under existing provisions of immigration law. The coroner highlighted several areas of concern, including lack of training in scenario planning in relation to the use of force by private sector companies, dangerous restraint techniques being used at that time and a lack of accreditation of particular officers.

As Schedule 1 now extends the powers regarding the use of reasonable force to previous immigration Acts and gives additional powers to immigration officers on escort, search and entry, we need at the very least some assurances that immigration officials will receive or are now receiving training on the use of restraint and reasonable force that is on a par with that given to police officers. We also need assurances that these increased enforcement powers will be subject to proper oversight, and by whom, and that that oversight will also apply to the private sector. Is it the Government’s intention to issue guidance on how the provisions of Schedule 1 should be enacted, not least the power to use reasonable force, or will it be left to each company and organisation involved to interpret as they see fit how and when to use the considerably enhanced powers that they are being given? Will it be left to each organisation affected to produce its own definition of reasonable force and the circumstances in which it can be used? I hope that that is not the case.

I hope that the Minister will recognise the concerns on this issue, already expressed earlier today, and that, in the light of the discussions that he has had with the noble Lord, Lord Ramsbotham, on a possible code of practice, he will feel able to offer more than a belief—although genuine, I am sure—that everything will be all right on the night. I beg to move.

[The Archbishop of York]

My Lords, Amendment 12 provides what I believe to be a necessary safeguard to reassure the public that those responsible for enforcement are fully accountable. Accountability is at the heart of all of this. This is surely an improvement as it ensures independent oversight by Her Majesty’s Inspector of Prisons, the Independent Police Complaints Commission and the Chief Inspector of Borders and Immigration of enforcement powers, such as searching persons and premises as well as the general power to use reasonable force. If we are confident that such powers are always fairly and humanely exercised, there is nothing to fear from this amendment. If we are not, then this amendment is absolutely necessary.

[Baroness Williams of Crosby (LD)]

My Lords, I will speak briefly on Amendment 12. I congratulate the noble Lord, Lord Rosser, and the noble Baroness, Lady Smith, on bringing it forward.

It is very striking that the positions of the people mentioned who should be involved in oversight are intended to be independent. That is clear with regard to the IPCC, but is also the case with the Inspector of Prisons, as is exemplified by the remarkable record of the noble Lord, Lord Ramsbotham, when he was Inspector of Prisons, and calls on an old tradition that rules will be enforced and kept in respect of the Prison Service, with a long and remarkable record among prison officers in terms of these expectations. I was a Minister of State in charge of prisons for a while and I was impressed by the level of responsibility shown, particularly by prison officers who had worked in prisons for a period of time. They often had a strong sense of responsibility for those with whom they worked, who were held in prisons in the ordinary criminal justice system. There has been nothing like the same level of expectation regarding rules or ethics within the immigration estate as we had in the Prison Service at its best.

Amendments 9 and 10 have already been discussed and I will not return to them, but I will say very loudly that they show how remarkably a concerned and responsible Minister can alter the culture and attitudes of those for whom he or she is responsible and over whom he or she has oversight. The problem, quite simply, is that the Home Office has not had that oversight, particularly in respect of the outsourcing of responsibility for people who are detained or who are held under the immigration provisions of many earlier Acts. That is only too clear in the complaints and concerns that arise over the handling and management of that estate. We are grateful for Amendments 9 and 10. They are very detailed and have been carefully worked out. However, I repeat the question of the noble Lord, Lord Rosser, about whether there is any training for immigration officers who now have the responsibility for enforcement. I will go further and ask whether the Home Office writes into its contracts with the private companies to which it extends the right to run these establishments a specific requirement that the practices that we hope to be embodied in the code will be upheld. Does it hold them responsible for reporting on any breaches of those rules and codes of practice? Does it hold them responsible for any accidents, injuries or deaths that occur in the establishments for which they are responsible? If the number of those is seen to be unusually high or if they are inexplicable, will real consideration be given to withdrawing the contracts as soon as possible? The contracts should clearly indicate that they are conditional on the proper running of those establishments.

--- Later in debate ---

[Lord Roberts of Llandudno]

My Lords, I repeat what I said earlier about the need for proper training and assessment of those who are legally able to use force. I do not have a great deal of confidence in some of these private companies, which have already failed in different ways. The Home Secretary should take very much to heart the suggestion that we need people who are able to exercise their duties in a way that is humane and within the Act because, as the report of the Chief Inspector of Prisons regarding the use of force against pregnant women and children said, it must not be contemplated. We need a review of the whole procedure, which we can come out of with a feeling that at least the best that can be done is being done.

[The Archbishop of York]

My Lords, I will speak to Amendment 13 of the noble Lords, Lord Roberts of Llandudno and Lord Ramsbotham. The trouble is that paragraph 5 of Schedule 1 widens the authorisation under which immigration officers can use “reasonable force” to cover all their powers in all immigration Acts, rather than just the specific powers of arrest, search and entry given in the 1971 and 1999 Acts. Such blanket permission for something as indefinable as “reasonable force”, as the noble Lord, Lord Ramsbotham, illustrated, is pretty unwise.

Surely it is important that any extension of use of force by agents of the state is justified in detail, rather than in this sweeping manner. For example, the use of force against pregnant women or children in a variety of contexts is problematic. I support Amendment 13 and hope that it will go in the direction of the definition given by the noble Lord, Lord Ramsbotham, of what could be included in the Bill about what we mean by the rather blanket word, “reasonable”. What is reasonable to me may be completely unreasonable to another person, unless it is defined.

[Lord Mawhinney (Con)]

My Lords, I will not take up much of your Lordships’ time because what I had wanted to say was said much better by the noble Lord, Lord Ramsbotham. In my reading of Schedule 1, I noted the words:

“The power to search … may be exercised only to the extent reasonably required”.

I do not know what “reasonably required” means; I do not know what “reasonably” means, and I do not know what “required” means. By whom is the power to be used and against what standard? I say to my noble friend on the Front Bench, who knows that I am supportive of this legislation, that the noble Lord, Lord Rosser, has done your Lordships’ House a favour by enabling this short debate to take place. I hope that my noble friend will listen to the variety of views that reflect a similar theme on all sides of the House, and perhaps at a later stage come back with something that is slightly more definitive in relation to “reasonably required”.

Protection of Freedoms Bill

Lord Sentamu Excerpts

Wednesday 15th February 2012 Lords Chamber

[Baroness Hamwee]

My Lords, I congratulate the noble Lord, Lord McColl, and his co-signatories, as well as the organisations which have clearly done so much of the work of which we have heard. I commend them for ensuring that so many of your Lordships have been lobbied, which has led to an increasing understanding of the complexities of trafficking and the response to it.

In view of the Minister’s remarks, I shall cut down what I have to say this evening. What is needed for children in this situation is so multifaceted that the proposal for guardianship, if I can call it that, is appropriate, particularly because of the ability that such a person would have to look at the child’s interests as a whole and not as a series of separate issues with too much demarcation and not enough interconnection. What is also needed is somebody able to give time to the child. Adults who are trafficked can take a lot of time to articulate their feelings, their needs and their story. If that is so for them, how much time is needed for children?

Social workers—like the noble and learned Baroness, Lady Butler-Sloss, I do not criticise individual social workers—may be seen as representatives of the state by some children. Consistency and trust have also been referred to. Speaking more from instinct than knowledge, I rather doubt that all local authority children’s services can have as deep an understanding as is needed of the complexity of this problem. I would like to see more psychological services and a focus on specialised and supported foster care. Foster parents looking after trafficked children who have been rescued must have a hugely important role. If the reason for so many children missing from care is in part the bond that they have with their traffickers, who will be the people that they know best, whose language they may speak and who may well have taken steps to ensure that the child stays in contact, or if it is a matter of fear, voodoo and witchcraft, work needs to be done to counter that relationship. So we are talking about a range of actions, and this proposition addresses a lot of the issues.

In giving assurances to the House about how the Government hope to take this matter forward, the Minister referred to practical arrangements. I am sure that he did not mean to limit what would be looked at by the Children’s Commissioner to practical arrangements, because what is needed goes far wider than that. I appreciate that an enormous amount of negotiation must underlie the assurance today, so I do not want to push him into a place which is difficult for him, but if he can say anything about that, it would be helpful. Perhaps he could say something also about the work that might be done with the Children’s Commissioner for Wales, where a lot of work in this area has been done and where different arrangements perhaps apply.

[The Archbishop of York]

My Lords—

[Baroness Massey of Darwen]

My Lords—

[Earl Attlee]

My Lords, it is traditional to allow the Bishops to go first.

[The Archbishop of York]

My Lords, I most warmly support the amendment and welcome the tripartite negotiations announced by the Minister. I hope that speed will be of the essence and that we shall be informed of the outcome before Third Reading. I hope that he will not simply say, “Further negotiations are going on. We hope to make some practical arrangements”. I hope that the noble Lord, Lord McColl, will not let go of the matter and will keep an eagle eye on the negotiations.

The objective of the Bill—the protection of freedoms —is deficient unless, as the noble Baroness, Lady Royall, said, it protects the freedoms and interests of the most vulnerable members of society. It is hard to think of a more vulnerable group than children who have been trafficked. It is bad enough imagining the distress of an adult who arrives in a foreign country alone and oppressed and has to contend with traffickers, the immigration authorities and the police. How much more traumatic and inhibiting it must be for a child to face the same challenge.

In this situation, children need to be supported and represented so that their best interests are safeguarded. The issue at stake is whether we rest content with minimal provision, as required by the EU directive, or whether we seek an effective and properly resourced system of advocacy. I for one would go for the latter: a better system of advocacy for the children. I do not find the phrase “legal advocate” difficult. “Guardian” would be quite difficult to understand, but I can see what a “legal advocate” might do. However, other people may think differently.

Our recent performance in losing 32 per cent of trafficked children in local authority care between 2007 and 2010 suggests that we need to raise our game. How can so many be lost? It is too huge a loss. We should seek a better way, as outlined in the UNICEF definition of the role of a guardian and the standards set out in the various international instruments.

The amendment offers us that better way. The provisions of the Children Act 1989 are good as far as they go, but they do not meet the special requirements of children who have been trafficked. The noble Lord’s amendment sets out the duties of a legal advocate with admirable clarity and provides for suitably qualified and trained people to fill that role. It has the advantage, by drawing on employees of statutory organisations or volunteers with specialist NGOs, of keeping extra costs down.

I am grateful, too, for Amendment 57A, because there was a fear, generated in the margins of your Lordships’ House, that Amendment 57 would provide an incentive for opportunistic and misguided parents to traffick their own children in order to gain entry into the United Kingdom. There was that fear and the new amendment deals with that. Again, I do not know on what evidence that fear rested, but for me it would still be wrong to fail to provide support for genuine child victims simply out of fear that unscrupulous parents might take advantage of the provision.

To return to Amendment 57A, I am personally not convinced of the Government's argument that the status quo is good enough. I do not think that it is. The noble Lord, Lord McColl, and his supporters have given us an opportunity to remedy a serious gap in our provision for victims of trafficking, particularly children. I thank him for that and urge that we seize the opportunity with both hands. I am grateful for the consultation that will take place. I hope that the Minister will assure us that he will not kick it into the long grass.

[Baroness Massey of Darwen]

My Lords, I, too, support the amendment so comprehensively and competently set out by the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Hamwee.

I do not want to put the Minister in an embarrassing position. I know that he supports issues on trafficking because he has responded very sympathetically to previous debates. I agree that the Children's Commissioner is a good person to handle this, but I would like to be assured that there will be specific terms of reference, with possible extra resourcing. The commissioner must be able to draw on the expertise of organisations such Barnardo’s, UNICEF, and CARE that have done so much research on this issue. The most reverend Primate the Archbishop of York mentioned the long grass in his closing remarks. I always fear long grass when we have reviews and I would not want this to go into the long grass in any respect.

Your Lordships' House has debated and been concerned about the trafficking of children for many years. Indeed, there have been relevant debates quite recently, including the Private Member's Bill of the noble Lord, Lord McColl, and the debate of the noble and right reverend Lord, Lord Eames. The Minister responded sympathetically. I also recognise that much has been done by the local safeguarding boards, NGOs and the police in response to accommodation support, safety and employment needs. But I want to dwell for a moment, and I shall be brief, on the appalling state that trafficked young people find themselves in and why they need such support.

I declare an interest as a patron of the University of Bedfordshire child protection unit. In that capacity, I have met many young people who have been trafficked and who can and do set out their problems passionately. The concerns are well documented in the ECPAT booklet called Safeguarding Children: Top Ten Questions on Child Trafficking. One of the key issues that has been pointed out by other organisations such as CARE, Barnardo’s and UNICEF, is that children who are trafficked are,

“already vulnerable because of poverty, lack of education, few job opportunities or the loss of family support”.

I will return to that because it is a key issue. These children are likely to go missing, although I understand the figure has improved. They are certainly vulnerable to abuse and subject to abuse very regularly. Most have language and communication difficulties.

Of course they need support and advocacy as they are in a system that is too complex for them to understand. The UN Committee on the Rights of the Child recommends the prompt appointment of a guardian for unaccompanied children and says succinctly what such a person should do. Such a person should be consulted and informed about actions relevant to the child, have the authority to represent the child when plans or decisions are made, have expertise in childcare so as to protect the best interests of the child, act as a link between specialist agencies or individuals and provide continuity of care.