Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013
Lord Taylor of Holbeach Excerpts(11 years, 1 month ago)
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Lord Taylor of Holbeach
That the draft Regulations laid before the House on 28 January be approved.
Relevant documents: 18th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 6 March.
Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013
Lord Taylor of Holbeach Excerpts(11 years, 2 months ago)
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Lord Taylor of Holbeach
That the Grand Committee do report to the House that it has considered the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013.
Relevant document: 18th Report from the Joint Committee on Statutory Instruments
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, these regulations are a technical measure to implement the EU directive on electronic commerce, known as the e-commerce directive, in respect of the new Section 59A of the Sexual Offences Act 2003, on trafficking people for sexual exploitation, and amended Section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, on trafficking people for labour and other exploitation. These changes to trafficking offences were made by the Protection of Freedoms Act 2012.
The e-commerce directive supports free movement in the provision of information society services; broadly speaking, commercial activities that take place online in Europe. It covers online activities, such as selling goods and services, hosting a website or providing web or e-mail access. The trafficking offences can be committed online where the arranging or facilitating takes place over the internet. Therefore the e-commerce directive needs to be implemented in respect of the human trafficking offences.
I should mention some of the history regarding the implementation of the e-commerce directive, which was originally implemented by regulations in 2002. Those regulations applied the directive to all offences that existed at that time. For offences created after that date, as in this case arising from amendments to the Protection of Freedoms Act 2012, we have to implement the directive on a case-by-case basis.
I will address briefly some of the details of the regulations. Regulations 3 and 4 implement the directive’s country of origin rules. These rules broadly say that a provider of information society services must be regulated by the state in which the provider is established, not the state in which the services are received. This is provided for by Regulation 3.
Similarly, the country of origin principle means the UK must not restrict the freedom of service providers established in another European Economic Area state to provide their services in the UK unless certain conditions apply. Such providers will generally be regulated by the state in which they are based. We would expect EU member states, all of which are bound by the human trafficking directive, to pursue prosecutions under their relevant domestic trafficking offences.
Regulation 4 sets out that proceedings may not be brought against a service provider established in another European Economic Area state, unless specific public interest conditions are satisfied. The key question for these purposes will be whether a prosecution is proportionate. The CPS will take into account all relevant factors, including, first, whether a prosecution is to be brought under the domestic law of the state in which the service provider is established—if such a prosecution is to be brought, it will be difficult to show that it is proportionate to prosecute here as well; secondly, where the evidence is located; and thirdly, the nature of the offending that has taken place, for example, whether the service provider part of an organised crime gang focused on trafficking persons into the UK. Overall, the CPS will need to decide whether the conditions are met on a case-by-case basis.
Regulations 5, 6 and 7 implement the requirements of the directive in relation to intermediary service providers which carry out certain activities essential for the operation of the internet: those that act as mere conduits and those providers that cache or host information. The directive requires us to limit the liability of such intermediary service providers in specified circumstances. For example, a host is not liable if it had no knowledge, when the information was provided, that it was part of the commission of a trafficking offence. It is important that we do not unnecessarily criminalise service providers that will not always be aware of the use being made of their services.
The UK has always been a world leader in fighting human trafficking and has a strong international reputation in this field. In July 2011, the UK applied to opt in to the EU directive on human trafficking. Opting in sends a strong message that the UK is not a soft touch on this issue and supports the collaborative international work that is a vital element in dealing with such complex international organised crime. The UK already has a strong basis for such collaboration through the work the Serious Organised Crime Agency undertakes with foreign law enforcement agencies. In recent years, police forces have participated in a number of joint investigation teams, in support of the investigation and prosecution of traffickers.
The Government’s human trafficking strategy, published on 19 July 2011, identified four core themes: improving identification and care of victims; enhancing our ability to act early before harm reaches the UK; smarter action at the border; and more co-ordination of our law enforcement efforts in the UK. An update on the strategy was included in the first report of the Inter-Departmental Ministerial Group on Human Trafficking, published on Anti-Slavery Day, 18 October 2012.
At its heart, human trafficking involves the movement of individuals for the purposes of exploitation. That movement and exploitation, particularly when it has an international dimension, can involve extensive co-ordination in the planning, recruitment and transportation of victims. It is likely that criminals are using new technologies, or old technologies in more complex ways, to facilitate their communications and avoid detection. It is not known whether the use of new technologies has increased trafficking in persons, but it is believed that increased use of technologies has made trafficking activities much easier to perform.
We are commencing the amendments made by the Protection of Freedoms Act on 6 April, in line with the Government’s wider timetable for implementing the EU directive on trafficking in human beings. It is our intention that these regulations come into force at the same time. I commend the regulations to the Committee.
Baroness Smith of Basildon
My Lords, I thank the Minister for his explanation. These are very technical regulations. They are the kind of regulations that you wade through as the sun goes down and hope that you will follow all the information they contain. Therefore, the Minister’s explanation was helpful. Although the regulations are technical, they are extremely important. He, like noble Lords on this side of the Committee, will fully appreciate just how awful human trafficking is.
In preparing for today’s discussion, I read some accounts of people who had virtually been sold into slavery to provide cheap labour for companies or often to engage in illegal activities and prostitution. It really is horrendous. Modern technology is usually a way forward, but it is not always a force for good. In this case, it is a force for evil and enabling illegal activities, which is why these regulations are so necessary. Therefore, I welcome the regulations and am pleased that they have been brought forward today. One of the reasons why we are pleased to see them is because the Government were rather tardy in bringing forward the relevant measure as regards the previous EU directive on preventing and combating trafficking in human beings and protecting its victims. In fact, they were going to opt out of those provisions. However, I am pleased to say that the Government subsequently changed their mind, for whatever reason, and rightly decided to opt into that directive. These regulations extend that commitment, and we are grateful for them.
However, I wish to press the Minister a little further on opting in and out. An issue that has concerned me, and which the noble Lord and I have discussed across the Floor of the House, is that the Government intend to opt out of policing and criminal justice measures. I am worried that if they do so, these regulations would no longer be valid because they would have opted out of these provisions. I entirely agree with the noble Lord about their importance and am very concerned that we may face a situation whereby the Government decide to opt out of these provisions, having already opted in—a bit of a hokey-cokey, really. I hope that we stay in.
I have specific questions in relation to these regulations and to the other anti-trafficking orders that the Government have brought forward. My understanding is that the Government are now consulting on and preparing for measures to opt out of police and criminal justice. In that case, what consideration are the Government giving to interim measures? As the Minister and I know, those who are subject to trafficking in this way are among the most vulnerable of humans, in the most vulnerable position and need protection. If we are to opt out, it is all very well looking to opt back in in six months, a year or whenever we are given permission to do so by other member states, but there would be an immediate problem that these regulations would not be valid because we had opted out. I am not clear whether, in that situation, the Government would need to revoke these regulations individually or whether there would be a general opt-out and we would automatically be opted out of all EU police and criminal justice matters. I hope the Minister is able to say something about that. I agree with him about the reasons why he has brought these regulations forward today and about why they are so important.
My only other question is on the review. What will be the timescale for it? Will it coincide with the Government’s plans to opt out of police and criminal justice or will there be a set period? Normally such regulations say that they will be reviewed within three or five years, but there is no timescale in these regulations, and I wonder whether that is connected to the Government’s intention to try to opt out of policing and criminal justice. We support the regulations and think they are right, which is why I am concerned about this opt-out hokey-cokey that the Government have announced.
Lord Taylor of Holbeach
My Lords, I thank the noble Baroness, Lady Smith of Basildon, for her broad welcome for the directive and the regulations arising from it. I think we are all agreed on it. The opt-out of police and justice measures would not affect this order or the UK’s participation in the trafficking directive. It is not part and parcel of that situation. That is important to know.
I know the opt-outs are a matter that concerns the noble Baroness. The work in relation to all the opt-outs is ongoing negotiation and discussion. She knows that I and my noble friends in the Ministry of Justice will do our best to keep the House informed of the implications of anything that comes forward.
The first review of the regulations will be after five years. By that time, we will see what the implications are. We hope that we can anticipate relatively few prosecutions under these regulations because their existence is the key to making sure that e-trafficking is not used to reinforce this terrible trade.
Baroness Hamwee
Did I hear the Minister say that the first review will be after five years? Regulation 8(4) states:
“The first report … must be published before the end of the period of five years”.
Perhaps I am saying this only to register my presence, but we should be clear about that.
Lord Taylor of Holbeach
I am delighted to welcome my noble friend Lady Hamwee. I had written in my notes that I should welcome her contribution to the debate, and I had to excise that on the grounds that the noble Baroness had not contributed. I am pleased to say that, although my notes say “after five years”, I am sure that the review will be in accord with what is required by the regulations. Whether the report is made at five years or after five years, I hope that satisfies my noble friend that I expect the Government to be in a position to comply with the regulations. I beg to move.
Citizenship Test
Lord Taylor of Holbeach Excerpts(11 years, 2 months ago)
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Lord Roberts of Llandudno
To ask Her Majesty’s Government whether they have received representations about the new UK Citizenship test.
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, the new Life in the UK Test, which is taken for settlement and citizenship purposes, will begin on Monday 25 March and will have British history and culture at its heart. We have not as yet received any direct representations, although public comment on the new handbook has been broadly positive.
Lord Roberts of Llandudno
I thank the Minister for his reply. However, does he not consider that the new handbook is impractical and irrelevant and does not deal with the problems that people need to tackle when they come to Britain? The book contains 3,000 hard facts to be mastered. For instance, does he think it appropriate that every person who sits this test should know when the Emperor Claudius invaded Britain?
Lord Roberts of Llandudno
I am sure that somebody will know. I can go back to Wales; other people can go back to other places. It was AD 43. However, given that there is some discontent regarding the questions asked, would the Minister be prepared to meet some of us who share that concern to discuss a more practical handbook on life in the United Kingdom?
Lord Taylor of Holbeach
My Lords, I am always very happy to learn and would be delighted to meet my noble friend. However, I do not agree with his summary of the new handbook. I think that it contains relevant British history and culture, which is the whole purpose of the exercise: that is, to provide facts on which people can base a life of settlement and, indeed, citizenship in this country. Therefore, I disagree with the premise of my noble friend’s supplementary question but I am very happy to meet him.
Lord Foulkes of Cumnock
My Lords, has the Minister tried to take the test himself and, if so, did he pass?
Lord Taylor of Holbeach
I have a sample test here and it is very fortunate that the correct answers are given in bold type.
Lord Elystan-Morgan
My Lords, does the handbook contain any reference to the invasion of these islands by the Anglo-Saxons?
Baroness Smith of Basildon
My Lords, we introduced the citizenship test in 2005 and remain committed to it, but clearly a significant amount of time, effort and money has gone into these changes and the questions mentioned by the noble Lord, Lord Roberts. It has to be said that when the Prime Minister failed the test on live television in America, one has to doubt whether we have all the right questions. Given that 20% fewer foreign criminals have been deported and given the lengthy delays in the processing of visas, far exceeding what is reasonable or should be expected, as Her Majesty’s Inspector has pointed out, should the priority be changes to the citizenship test or should the key focus be on sorting out the problems connected with immigration and visas?
Lord Taylor of Holbeach
I do not think that it is necessary to tackle just one task at a time. Making this test relevant was an important task. Noble Lords will know that the current handbook has been in use for six years. It was time to have an update and to make it more relevant. The noble Baroness referred to serious issues on the part of UKBA, particularly its ability to cope with appeals. We are well aware of this and I am absolutely certain that the chairman of UKBA has this matter at the top of his agenda.
Lord Lloyd of Berwick
Is the noble Lord aware that those people who have been resident in this country for many years apparently cannot apply to take the new test if they are over 65? Is 65 really too old to become a citizen of the United Kingdom?
Lord Taylor of Holbeach
I was not aware of that fact and, being over 65 myself, I would like to think that I am still in command of all my facilities.
Lord Taylor of Holbeach
Perhaps I should rephrase that. More than 93,000 people have taken an online test, the sample test hosted by the Home Office, and the outcome was that the average score was 86%.
Baroness Trumpington
My Lords, may I just reassure the Minister that I was not the Emperor Claudius’s land girl?
Baroness Gardner of Parkes
My Lords, I have been in this country for almost 60 years. I could not possibly pass that test, although I thought I had assimilated a bit of Britishness while I have been here. My accent remains unchanged, of course. I am concerned about more serious situations in immigration, raised by the Front Bench opposite. With the help of the noble and learned Lord, Lord Woolf, a former Lord Chief Justice, we have managed to obtain a right to be here for someone who has been here now for three years. She was here legally for five years, having come here as an au pair, then illegally for about 20 years. Now she has to wait, and after five years she can apply for citizenship. During that investigation, I discovered that the problem is that when you arrive, you are told that you have to have been here for six years. When you get to five and a half years, they change it to eight years. When you get to seven and a half years, they change it to add another two years. Is it not time that we looked at the prospect of relating the number of years you have to wait to what was in force at that time of your arrival?
Lord Taylor of Holbeach
My noble friend has illustrated that the rules on these matters are complex, but we do keep them under review. We really want to facilitate the opportunity for people who want to make a life in this country to settle and to achieve citizenship. That is the purpose of the test.
Police Integrity
Lord Taylor of Holbeach Excerpts(11 years, 2 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, with the leave of the House I will repeat a Statement made earlier in another place by my right honourable friend the Home Secretary about our work to ensure the highest standards of integrity in the police. The Statement is as follows:
“Mr Speaker, we are lucky in Britain to have the finest police officers in the world. They put themselves in harm’s way to protect the public. They are cutting crime even as we reduce police spending, and the vast majority of officers do their work with a strong sense of fairness and duty. But the good work of those thousands of officers is undermined when a minority behave inappropriately.
In the last year, we have seen the Leveson inquiry, which cleared the police of widespread corruption but called for greater transparency in policing, and the shocking report of the Hillsborough independent panel. We have seen the sacking of PC Simon Harwood and the investigation of several chief officers for misconduct, and yesterday I told the House about the investigation led by Mick Creedon into the work of undercover officers from the Metropolitan Police.
I want everyone to understand that I do not believe there is endemic corruption in the police, and I know that the vast majority of police officers conduct themselves with the highest standards of integrity. This was confirmed by Her Majesty’s Inspectorate of Constabulary in its report last year. But that does not mean that we should ignore the fact that when it does occur, police corruption and misconduct undermine justice, let down the decent majority of officers, and damage the public’s confidence in the police.
We need the police to become much more transparent in their business. We need clearer rules for how officers should conduct themselves. We need to open up the top ranks so that policing is less of a closed shop. We need to make sure that officers who do wrong are investigated and punished, and we need to make sure that the organisations that we ask to police the police are equipped to do the job.
Many of our existing police reforms address these challenges. The new College of Policing will improve the quality of police leadership and drive up standards. Police and crime commissioners are making the police more accountable to their communities. Direct entry into the senior ranks will open up the police to talented outsiders. HMIC is more independent of the police, and for the first time it is led by a non-policing figure.
These reforms will help but we also need to take further, specific measures to root out corruption and misconduct from the police. First, in line with the recommendations made by Lord Justice Leveson, national registers of chief officers’ pay and perks packages, gifts and hospitality, outside interests including second jobs, and their contact with the media will be published online.
Secondly, the college will publish a new code of ethics, which will be distributed to officers of all ranks. In addition, the college will work with chief officers to create a single set of professional standards on which officers will be trained and tested throughout their careers.
Thirdly, to prevent officers who lose their jobs as a result of misconduct being recruited by other forces, we will introduce, for the first time, a national register of officers struck off from the police. The list will be managed and published by the College of Policing.
Fourthly, to introduce a sanction for officers who resign or retire to avoid dismissal, hearings will be taken to their conclusion, notwithstanding the officer’s departure from the force. When misconduct is proven, these officers will also be struck off by the College of Policing.
Fifthly, the college will establish a stronger and more consistent system of vetting for police officers, which chief constables and police and crime commissioners will have to consider when making decisions about recruitment and promotions. Every candidate for chief officer rank will need to be successfully vetted before being accepted by the Police National Assessment Centre.
Sixthly, Lord Justice Leveson’s report made several recommendations on policing, focused on providing greater transparency and openness. The Government accept what has been recommended, and the College of Policing, ACPO and others have agreed to take forward the relevant work that falls to them. I will place details of the Government’s response to each of the Leveson report’s recommendations on policing in the Libraries of the House.
Finally, I want to make sure that the Independent Police Complaints Commission is equipped to do its important job. Over the years, its work has been evolving and the proposals I announce today develop it further. Public concern about the IPCC has been based on its powers and its resources. I want to address both these issues.
Regarding its powers, last year Parliament legislated, with welcome cross-party support, to give the IPCC the ability to investigate historical cases in exceptional circumstances. In the same legislation, we gave the IPCC the power to compel police officers and staff to attend interviews as witnesses.
In addition, as I have already said, we will legislate as soon as parliamentary time allows to give the IPCC the power to investigate private sector companies working for the police, along with other powers the IPCC has asked for to improve its effectiveness and increase public confidence, and I am prepared to consider any further legislative changes that the commission says it needs.
But I believe the main difficulty for the IPCC is its capacity to investigate complaints itself. Last year, the commission investigated just 130 of the 2,100 serious or sensitive cases that were referred to it independently, while supervising or managing about 200. Individual police forces investigated the remainder. But 31% of appeals against forces’ handling of complaints were successful. That is simply not acceptable. I will therefore transfer to the IPCC responsibility for dealing with all serious and sensitive allegations. I also intend to transfer resources from individual forces’ professional standards departments and other relevant areas to the IPCC to make sure it has the budget and the manpower to do its work.
The Government’s police reforms are working and crime is falling. Corruption and misconduct are thankfully the rare exception and not the norm in our police, but that does not mean that we should not act. I believe this is a comprehensive plan to address public concern about the integrity of the police”.
I commend this Statement to the House.
Lord Taylor of Holbeach
My Lords, I thank the noble Baroness, Lady Smith, for her general welcome for this Statement. I know that in another place similar support was given to the Home Secretary’s Statement. This is good news. I shall start with the last point made by the noble Baroness, which was on rebranding. Do we want a new body? I do not think that is necessary. The IPCC has good leadership under Dame Anne Owers and it has a sense of direction, which is now supported by the Government through this Statement. Although I cannot anticipate what may be in future Queen’s Speeches, I am fairly confident that legislation on this matter will not be long delayed. Indeed the Statement drew attention to that.
The IPCC is currently engaged in a lot of extremely serious investigations. The Statement referred to them as probably lying at the heart of the realisation that we need to look afresh at how we investigate the police, and at what new framework we should establish. This is the Government’s response. We believe in beefing up not only the powers but the resources of the IPCC. The noble Baroness asked where those resources were coming from and whether there was any fresh government money. The Statement rightly said that they were coming from the existing budgets of police forces—certainly in the main that will be the case. However, the matter will be discussed with each police force.
A Statement such as this is clearly indicative rather than absolutist. Certainly we will debate the issues that it raises over the next few months. However, it is important, when the Government have something to say on an issue as important as this, that they demonstrate to the House, through the way they present the issues involved, their direction of travel. That was the purpose of the Statement today.
The noble Baroness asked a large number of questions. There was a radio programme called “20 Questions”. I did not count the noble Baroness’s but I felt that she asked a fair number. I will do my best to answer them, but she very kindly said that I might write to her. It might help if I wrote on some of these matters and put a copy in the Library of the House.
The noble Baroness asked how public the professional register would be. It will be a public document. It is intended that organisations such as the Security Industry Authority and private security firms will be able to take note of these matters. It will not be just for police officers to note who has been in effect deregistered from the police service as a result of misconduct.
The parallel organisation to the IPCC is the College of Policing. With its code of ethics, it will provide the framework in which the new sense of purpose about integrity can be addressed. The noble Baroness asked whether it would cover matters such as the identity of children. As she knows, that is being investigated by Chief Constable Creedon at the moment, and he will report on the full implications. That is just the sort of issue at which I expect a code of Essex—sorry, ethics—to look. I apologise for that slip of the tongue.
The noble Baroness also asked how one would define “serious” and “sensitive”. One tends to know what is serious and sensitive when it turns up. This will be about the relationship between the IPCC and individual police forces. Individual forces have just as great an interest in making sure that the public are supportive of them and perceive that the integrity of the police is based very locally within each police force.
I have a few further points to make. The list is designed to ensure that all those who are dismissed as a result of misconduct proceedings, or would have been dismissed had they remained in service, cannot find employment in another force. That is the principal purpose behind it. They are struck off from being a police officer in the future. We envisage that the list will be used by other employers—I have mentioned employers in the security industry—to consider whether or not to employ such dismissed officers.
I hope that the noble Baroness will allow me to write to her on the other questions which I have not addressed, and I hope that I have assisted the House in giving some sense of the thinking that lies behind the Statement.
Baroness Stowell of Beeston
My Lords, before the clerk starts the clock for Back-Bench contributions, in the interests of ensuring that as many noble Lords as wish to do so are able to contribute in the 20 minutes which now follow, perhaps I may remind the House that this is an opportunity to put brief questions.
Lord Condon
My Lords, I declare an interest in policing and the security services. The Government are to be congratulated and supported by all sides of the House on bringing forward this courageous package of measures because it is clearly in the public interest and in the interests of the service to ensure the highest levels of integrity in policing. While there may be concerns about other aspects of police reform, this package is clearly moving in the right direction. When the Minister places a letter in the Library of the House, will he consider including in it a response to just how and when resources will be transferred from individual police services to the IPCC to enable it to carry out its enhanced role? It is not clear at the moment whether only budgets are to be transferred or whether this will involve real, live investigators moving sideways on attachments, moving permanently, and so on. The House would welcome some fairly clear guidance on how this is to operate, but in the round, these proposals are courageous and are to be welcomed.
Lord Taylor of Holbeach
My Lords, I thank the noble Lord, who speaks with considerable experience of these matters. I shall certainly do my best to respond promptly to his request for details of the transfer of resources and whether indeed that will involve more than cash and budgets, and will extend to resources. To some degree, the Statement is a starting point for a discussion with individual police forces and, indeed, with police and crime commissioners for they too are engaged in the governance of the police across the country; I hope that that dialogue will be productive. I am sure that noble Lords appreciate that this is considered to be an important development in the integrity of policing.
Baroness Hamwee
My Lords, I, too, welcome the Statement and I agree with the implicit message that transparency and integrity go hand in hand. I do not doubt that, when there is a problem, those who feel it most keenly are individual police officers who themselves have shown the utmost integrity. First, what consultation has been undertaken on these measures, not just with ACPO but with those who represent the lower ranks of the police service? Secondly, will any of these measures —I am thinking particularly of the registers of interests, gifts and so on—apply to civilian staff within police forces?
Lord Taylor of Holbeach
My noble friend has raised two very interesting aspects and I thank her for bringing them forward. The key thing about these proposals is that they will affect the professionalism of the police at all ranks so, as she rightly points out, they represent a development that I hope will be welcomed. They will be part and parcel of ongoing discussions that we are having as we seek to create a modern police force in this country—something that covers a whole load of matters and will now include this. We will make sure that that happens.
It is intended that those employed by the police in a civilian capacity will be subject to IPCC involvement, a matter that the IPCC itself has raised with us. I cannot say whether the register of gifts, or of contacts with the media, will be extended into that area but she makes a very interesting suggestion that it should do so.
Lord Whitty
My Lords, I would like to ask the Minister a question which my noble friend did not ask. The noble Lord started his Statement by referring to falling crime levels. The Minister will be aware that integrity and transparency are not simply about high-profile corruption cases or miscarriages of justice but about the way in which the police represent what is going on in relation to crime and their success in dealing with it. He will also be aware that, a couple of weeks ago, the Office for National Statistics seriously queried the rate at which crime is falling and suggested that some of the police forces’ figures,
“overstate the true rate at which crime has been falling”,
and that officers may have been failing to document some offences.
The Minister may also be aware that there are even more serious allegations around, some of which may well be aired in a meeting here tonight, that some of that underrecording is deliberate, whether as result of reduced resources in police forces or as a result of deliberate connivance or encouragement by senior police officers. If that is at all the case, there are serious issues of integrity that need to be addressed. I am not clear whether this new structure would be able to address such issues in the police force; they are basically administrative but have huge implications for the public’s and the body politic’s trust in what the police are telling us. In particular, can the Minister indicate whether the ONS suggestions are being pursued and whether, in future, they could be pursued through these new arrangements?
Lord Taylor of Holbeach
The noble Lord raises a very serious issue. There was in fact a letter in my local paper only last week on this very point, and I get—gratis, I have to say—a copy of the New Statesman, where I think there was a similar article last week. I have certainly read an article in a journal recently implying the same thing.
Lord Whitty
The Minister is a more avid reader of the New Statesman than I am.
Baroness Stowell of Beeston
I must remind noble Lords that this is a Statement, not a debate.
Lord Taylor of Holbeach
It is of course very important to keep oneself well informed, even if it is just to inform one of where people are going wrong. This issue is a very serious one. I do not think there is any dispute about the fact that crime figures are falling. There are matters of definition, which I think it is going to be in everyone’s interests to get tidied up, but the allegation that these figures are being manipulated is a very serious one. Unfortunately, I cannot attend the meeting which the noble Earl, Lord Lytton, who is not in his place at the moment, has called for this evening. I would like to have gone to it but I am on duty in the Chamber. However, I have asked an official to attend because it is very important that the Home Office follows these arguments and listens to what is being said.
Lord Elystan-Morgan
My Lords, as one who was privileged, 45 years ago, to be Police Minister in the other place, I suggest that the situation which now obtains in relation to the police is not all that dissimilar to that which existed in the early 1960s. The Government of the day, a Conservative Government, set up the royal commission under Sir Henry Willink because they were convinced that only an inquiry that was wholly independent of government could have the chance of replacing the police in that position of trust and distinction which they had traditionally occupied in the community. I respectfully ask the Minister to consider deeply whether that precedent should not now be followed in the circumstances prevailing.
Lord Taylor of Holbeach
I cannot accept the noble Lord’s suggestion that there is equivalence between the two situations, but I am certain that the restoration of good practice within communities is a very local matter. That is why the focus of the Statement is on the engagement of individual forces and the maintenance of professional standards throughout the police force from top to bottom. I hope the noble Lord will understand that I am not prepared to go quite as far as he would suggest.
Lord Trefgarne
My Lords, perhaps I may pick up on something said by the noble Baroness, Lady Smith. Is it not the case that senior officials in Whitehall and others who need access to highly sensitive, classified information undergo a process called positive vetting? Does this apply to senior police officers and, if not, why not?
Lord Taylor of Holbeach
It is intended that an enhanced vetting process will apply to all senior appointments within the police force. All police recruits should be vetted at the point of recruitment, but the vetting process for senior posts within the police will be enhanced.
Lord Dholakia
My Lords, as one who was a member of the former Police Complaints Authority who now serves on the small review group looking at serious cases for the IPCC, I welcome what the Minister has just announced. Perhaps I may ask him two questions. The first relates to the point raised by the noble Lord, Lord Condon, about the implications of a transfer of resources from local areas to the IPCC. Has the Minister worked out the figures that we are talking about, bearing in mind that the cuts that have been imposed on police forces are causing serious problems in local areas? Has he worked out what the implications of the transfer might be, because many lower level cases are best dealt with at the point at which they occur; that is, in the local area. Secondly, the Minister mentioned the powers that are required by the IPCC and said that we can expect legislation. Will he consult not only the IPCC but the many other relevant organisations which have repeatedly raised concerns about the existing powers of the IPCC? What will he do to ensure that their views are taken into account before the legislation is formed?
Lord Taylor of Holbeach
On the noble Lord’s latter point, if there is to be legislation, there will have to be a period during which Parliament and the wider public will be engaged in considering what might be in it. On resources, the Home Secretary will write to the IPCC, Her Majesty’s Inspectorate of Constabulary, PCCs and the college itself to seek detailed proposals on how the transfer of resources might take place and over what period. I think that will help the noble Lord, Lord Condon, in his question to me. This is a matter of consensuality. I think that there is sufficient consensus within the police service to enable this to be done on a consensual basis, recognising that integrity in policing is holistic and not specific to one particular force.
Lord Deben
Can my noble friend confirm that there was a point at the turn of the century when in police education the phrase “leadership training” was changed to “management training”? If that is so, can he assure the House that that will be reversed and the lesson will be learnt that leadership is crucial in an effective police force?
Lord Taylor of Holbeach
My noble friend quite rightly recognises that we have been through a process where management has been seen as being the most important ingredient for success. Indeed, management is important, but in policing—and many other services—leadership is vital because of how those who command inspire those who work with them. The College of Policing is based on developing exactly that set of skills and indeed a professional ethos within the police force and reinforcing that professionalism.
Baroness Doocey
My Lords, I, too, very much welcome the Statement, particularly the fact that the IPCC will now investigate all serious offences. For too long, we have had the ridiculous situation of the police investigating themselves, so this is a very welcome move indeed. I also welcome the other changes that the Minister has outlined.
However, there is another problem that needs to be addressed: the issue of police officers with a criminal conviction being allowed to remain as serving police officers. I have looked at this issue over the years, most recently in January 2012. I was looking at it in respect of the Metropolitan Police but I suspect that in other police forces the pattern is similar. I was absolutely shocked to find that there were 400 serving Metropolitan Police officers who had had a criminal conviction, a caution or a penalty note for disorder. Fifty-five of these were for offences of violence—of which 30 were for assault, ranging from battery through to actual bodily harm—and 22 for offences involving dishonesty.
All sorts of issues come out of this. For example, can it be right that serving police officers who have a conviction for violence are able to volunteer to be trained to use firearms or tasers? Can it be right that police officers who have a conviction for dishonesty can then appear in court? It seems inconceivable that police officers with serious criminal convictions should be allowed to serve. I urge the Government to look at this as a matter of urgency.
Lord Taylor of Holbeach
I am equally shocked by the figures that my noble friend Lady Doocey has evidenced. We had the case of Simon Harwood, which I think made everyone aware that it was possible for people to resign from one force and sign on with another. This is designed to make that much more difficult. Indeed, as I have said, the vetting of constable appointments will make it very much more difficult, and that will address the concerns that my noble friend has expressed.
Crime: Women's Safety
Lord Taylor of Holbeach Excerpts(11 years, 2 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, I join other noble Lords in thanking the noble Lord, Lord Desai, for this opportunity to debate this important matter. All violence against women is completely unacceptable. It is the fundamental right of every woman and girl to live her life free of fear and violence, and it is therefore imperative that we in government remain focused and continue to raise awareness around this issue.
In introducing this debate, the noble Lord, Lord Desai, rightly expressed the universal nature of this issue. Indeed, the noble Baronesses, Lady Gale and Lady Thornton, drew the House’s attention to One Billion Rising, which is taking place this Thursday, 14 February, and which draws attention to the universal nature of this problem. For us in this country, the scale of the issues has been shown by the report that forms the background to this debate. It was reinforced by all speakers, and particularly by the noble Baroness, Lady Gale. I also thank her for informing the House about how they are tackling this problem in Wales. As she rightly points out, we can learn a lot from the devolved Administrations on this issue, and I am very happy to take up the invitation to study the Welsh experience.
The noble Baroness and other noble Lords, including the noble Baroness, Lady Thornton, talked about the importance of education and the key role it has to play in this. Schools can address this issue through the personal, social, health and economic education programme. When teaching about these issues, schools must have regard to the Secretary of State’s guidance on sex and relationship education. The DfE has conducted a review of personal, social, health and economic education and will be publishing the outcome in 2013. The review was intended to take account of the outcomes of the review of the national curriculum, so this important matter is not being ignored by the Department for Education.
I pay tribute to the noble Baroness, Lady Stern, and respect her for the work she has done to raise awareness on this issue. She notes that the statistics demonstrate that more work still needs to be done to tackle violence against women and girls, and I assure the House that the Government are wholly committed to continuing doing so. That is why we have: ring-fenced up to £40 million across the spending review period as stable funding for specialist local services, support services and national helplines; published a cross-government violence against women and girls strategy and action plan; announced plans to criminalise forced marriage in England and Wales; introduced two new stalking offences; and tested new ways to protect the victims of domestic violence.
I reassure the noble Lord, Lord Desai, who mentioned this, and my noble friend Lady Hamwee that we expect every report of sexual violence and rape to be treated seriously from the time it is reported, every victim to be treated with dignity, and every investigation and prosecution to be conducted thoroughly and professionally. As such, the police have introduced a number of special investigating teams to deliver a consistent and professional response to the recording, investigation and prosecution of these complex—all noble Lords will agree that they are complex—and serious crimes. All rape cases are handled by prosecutors who have undertaken bespoke training. By February 2012, 849 rape specialist prosecutors had been trained. CPS successful outcomes rose in 2011-12 to the highest CPS conviction rates since recording began. The average length for sentences was in excess of eight and a half years, an increase of nearly 21 months since 2005.
It may help noble Lords if I address a number of other issues. Indeed, I may have to write to some noble Lords; the noble Baroness, Lady Stern, was kind enough to suggest that I did so. The Ministry of Justice is spending £10.5 million over three years to fund rape support centres. Furthermore, the Home Office has committed funding of £1.72 million per year to part-fund 87 independent sexual violence adviser posts. The noble Baroness herself should take a great deal of credit for the sexual assault referral centres. There are currently 37 of them in the country. It is important that these local centres are supported.
My friend the right reverend Prelate the Bishop of Derby talked about Safe and Sound Derby. I am pleased to say that the Home Office funds an independent sexual violence adviser in that particular centre. It was good to hear his observations and commentary on our society, and the relationship of individual expression and the difficulties which that then created for some people. He is absolutely right that it is important that we work closely with faith groups. The Government cannot eliminate violence against women and girls on their own. We need the support of the community to do so. It is about engagement with civil society, the voluntary sector and faith organisations. They are vital to success in this area.
My noble friend Lady Hamwee mentioned domestic violence. A lot of the violence that we are talking of occurs within the home. My noble friend will know that there are now specialist domestic violence courts, and that these are an important part of recognising that the issues involved are often complicated. We are dealing with matters that have previously, perhaps, been hidden and kept private.
The right reverend Prelate the Bishop of Worcester, and the noble Baronesses, Lady Howe and Lady Thornton, talked about the commercialisation and sexualisation of childhood, and the ways in which that compounds the difficulties that we face. I cannot promise to support the Bill of the noble Baroness, Lady Howe. On the other hand, it makes a positive contribution to the formulation of policy in this area. The Government have made a commitment to take action to protect children from excessive commercialisation and, indeed, premature sexualisation. The Bailey review did not make any particular recommendations connected to violence, but, in terms of causation, business and media regulators have taken a number of significant actions to reduce children’s exposure to sexualised imagery. We should welcome, support and encourage these, and make sure that they actually happen, because this is such an important part of ensuring that we make a success of this policy.
The safety of women and girls is paramount. Our approach to tackling violence against women and girls is therefore characterised by key themes: prevention; improving the support available; strengthening multi-agency working; and taking action to ensure that perpetrators are brought to justice.
The violence against women and girls strategy will be refreshed in March to ensure that we continue to identify new ways and opportunities to eradicate these abhorrent crimes. However, ending all forms of violence against women and girls is not possible through government work alone, as I have said. Violence against women and girls is a societal concern. It is the collective responsibility of all of us to challenge embedded gender inequality and to prevent violence through sustained action that seeks to change attitudes and behaviour.
We need to send out a clear message that violence against women and girls is wrong, and that challenging attitudes and behaviour is key to achieving that aim. That is why the Government have launched two preventive campaigns through the mainstream media to tackle rape and relationship abuse among teenagers by creating awareness, changing attitudes and provoking debate.
As we have said, much has been done. The progress that we have made would not have been possible without the dedication and hard work of the police, local authorities, teachers, health workers, international partners and the women’s sector. I take the opportunity of this debate to thank all of them. Now and in the future we must build on and maintain this momentum and our commitment to enact change, to challenge collectively the inequalities and attitudes that encourage violence against women and girls, and to drive improved services for its victims. I believe that we are on the right path. Our ambition must be to create a society where no woman or girl need live in fear. Together we can make it happen.
Immigration and Nationality (Fees) (Amendment) Order 2013
Lord Taylor of Holbeach Excerpts(11 years, 3 months ago)
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Lord Taylor of Holbeach
That the draft order laid before the House on 19 December 2012 be approved.
Relevant document: 15th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 29 January.
Visas: Student Visa Policy
Lord Taylor of Holbeach Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, I thought today’s debate would be interesting—and not just for the content—but it has been challenging, particularly given the time pressure that noble Lords were under to make their points. I genuinely regret that oratory has had to take second place in this rapid-fire debate. But I do not think that has diminished the effectiveness of the debate. Certainly noble Lords have been able to express their views plainly. I am here to respond to them.
I am very grateful to my noble friend Lord MacGregor of Pulham Market for enabling this important issue to be debated. I hope that I am going to be able to present where we are—because I think there is a strong collective sense about this particular topic in your Lordships’ House—and explain what the Government’s position is.
I hope also that given the very large number of speakers in a relatively short time—I will be acknowledging some of the speakers but I will not be able to acknowledge them all—noble Lords will permit me to write a commentary after the debate, send it to all noble Lords who have spoken and place a copy in the Library. Given the seriousness of the issue we are discussing, I think that would be an appropriate way of handling it, and I hope that noble Lords will agree. I will use the limited time I have to express the Government’s position and to make it plain that there is a lot more that we—the Government and Parliament—have in common on this issue than might be supposed.
It has been a vigorous debate. I wrote down that “many” noble Lords made, to a lesser or greater extent, some criticism of the Government’s position. As we went along, I changed that to “most”.
Lord Taylor of Holbeach
Perhaps I ought to say “all”. But we have in common a sense of regard for the universities of this country. I acknowledge these concerns. I would like to present the Government’s policy, because there are in this area some misapprehensions, which have been manifest to me today, and I hope that noble Lords will understand that I wish to put them right.
The starting position is that the Government recognise the important contribution that international students make to the UK’s economy and society. Many noble Lords referred to this. The noble Lords, Lord Wilson and Lord Bilimoria, and many others did so. Talented overseas students help make our education system one of the best in the world. They contribute to making it one of the best in the world. Only the United States has more universities ranked in the global top 100. My noble friend Lord Phillips of Sudbury said this, as did many others.
The Government want to promote our education system to spread British influence around the world. We want to attract and retain the brightest and best students who can drive growth in our economy. These points were made by noble Lords and are being made by the Government. We want our renowned institutions, our universities, to thrive. I beseech noble Lords to separate our shared objective, which I hope that I have demonstrated, from the rhetoric. We want to see our universities prosper and act as a focus for extending Britain’s influence around the world, stimulating both academic life and our economy at home.
That is why we have not placed a cap on the number of international students who can come and study in the UK. There is no cap. The noble Lord, Lord Stevenson, should know that there is no policy on numbers. The noble Lord, Lord Hannay, talked about a policy biting on numbers. There is no policy on numbers. There is no limit on numbers. Providing that a student is going to a reputable institution—a topic to which we might turn later—has the right qualifications, enough money and adequate English, they can come to the UK and there is no annual limit on numbers. The changes that we have made are reasonable ones to ensure that basic minimum standards are met. The Government take every opportunity to make it clear that talented students are welcome here. I think that noble Lords will support that sentiment, too.
At the same time, the Government have had to take action to address the abuse of the student visa route. I remind noble Lords of the problems that the Government inherited with this particular visa provision. Under the previous system, too many private colleges were selling visas and not education. These arrangements failed to control immigration and protect legitimate students from poor-quality sponsors. The National Audit Office estimated that in 2009 up to 50,000 students may have come to the UK to work, not to study. Student visa extensions were running at more than 100,000 a year. Some serial students were renewing their leave again and again without tangible progression in their studies. A Home Office study in 2010 found that up to 26% of those studying at private colleges may not have been complying with the terms of their visas.
It does our shared cause no good if we cannot build a sustainable role for our universities in educating international students, and it does us no good if Governments ignore that sort of assessment.
Lord Howarth of Newport
Will the Minister also confirm that the Home Office has found that only 2% of international students in higher education institutions are not compliant with the conditions of their visas?
Lord Taylor of Holbeach
That is why the Government have tackled the problem of private colleges being able to sponsor students. This does not apply to universities. I make it clear that there is no limit on the number of students that universities can sponsor.
The Government have overhauled the student visa regime to tackle bogus providers, which I think noble Lords will fully understand, and to drive up educational quality and standards. The fall in the number of student visas has come entirely from those sectors where abuse was most prevalent. As a result of our tighter controls, almost 600 colleges have been removed from the UK Border Agency’s register of providers. These measures have helped improve the reputation of UK education overseas and helped protect students from unscrupulous providers.
All colleges recruiting international students must now pass an inspection of their educational quality by an independent oversight body such as the QAA. Every institution must become a “highly trusted sponsor” and renew that status annually with the UK Border Agency. The Government have also introduced tougher requirements for students. These include higher standards of language competence and limits on the duration of student visas. Students extending their visas must now show that they are making genuine academic progress. We have removed the right to work from those attending private colleges. This was attracting too many students for the wrong reasons. The Government have also introduced a new power to allow UK Border Agency officials to refuse a visa when they are not satisfied that the applicant is a genuine student. These measures to tackle abuse have resulted in an overall fall in net migration, and the number of visas issued is at its lowest since 2005.
Despite this—and this is the key point to make in response what I think was the thrust of noble Lords’ arguments today—these reforms have protected our world-class universities. We have designed our system to favour our higher education institutions. Universities have been given some flexibility in how they test language skills. University students still have very generous working entitlements during their studies—20 hours a week during term time and full time, if they wish, during vacations. They can also undertake work placements amounting to 50% of their course. Postgraduate students at universities can bring dependants to the UK. There are also plenty of opportunities to stay on and work in the UK after study, and we are extending these further for the brightest and best—I hope to come back to that point a little later. When we announced these changes, Universities UK welcomed them as allowing,
“British universities to remain at the forefront of international student recruitment”.
As the Government have reduced the number of student visas overall, the latest Higher Education Statistics Agency figures show an increase of 1.5% in the number of international students at universities, at a time when UK entrants have fallen. Listening to the debate today, some noble Lords unfamiliar with the subject might have been left with the impression that the number of overseas students wishing to come to our universities was declining. In fact, the university sector now accounts for three-quarters of student visas—up by about half in the year to September 2011. I know the latest UCAS statistics are only partial, but the statistics released yesterday show that this year new applications to UK universities from non-EU nationals are up by nearly 10% compared with this time last year. We await the final numbers, but I am sure that noble Lords will acknowledge that this refutes the suggestion that this country no longer has an attractive offer to present to higher education undergraduates.
There has been much discussion today about changes in numbers coming to our universities to do particular courses or coming from particular countries. In fact, last year’s HESA statistics show that of the top 10 originating countries, seven showed increases. From China there was a 17% increase and from the US a 5% increase. UCAS, as I said, has received 10% more applications from Chinese students compared with this time last year, and there is a 19% rise in applications from Indian students. Therefore, nothing inherent in our reforms is deterring international students. We need to consider whether in certain countries there are particular factors in play. We should be positive in our confidence that we have got this matter right. Universities themselves—and, if I may say so, vice-chancellors, chancellors and all the distinguished academics here today—should take the opportunity to make it clear that Britain will always be open to bright international students.
We have also heard today—in particular this was explained by the noble Baroness, Lady Valentine—about the need to remove students from the measure of net migration. The independent Office for National Statistics is responsible for national statistics. In accordance with the internationally agreed definition in place since 1991, these statistics define a migrant as someone changing their normal place of residence for more than a year.
Lord Hannay of Chiswick
In the noble Lord’s latter sentences he was tilting at a man of straw. All of us who have been involved in this understood many months ago that it is not the way the statistics are marshalled that really matters but how the Government apply the policy. This policy has been set out again and again with the Home Secretary and Prime Minister saying that their objective is to get net migration down to the tens of thousands. That is what does the damage. Fixing a separate statistical approach will not do.
The other thing is that the noble Lord has given us a lot of figures. Can he comment on two points in them? First, he has not given any idea of the size of the market and its speed of growth. I think he will find that the market is growing very rapidly and Britain is losing market share. That is surely what matters in business. Secondly, he has not taken on the point that the figures at the moment are being flattered by students on three-year or four-year courses who came to this country before the chilling effect of the Government’s policy took place. I wonder whether he could deal with those points.
Lord Taylor of Holbeach
There is one basic policy—there is no limit on international students coming to this country. That is the fundamental and basic policy. I will not get involved, if the noble Lord will forgive me, in a discussion about statistics. I understand the weakness of arguments based on statistics. However, it is important to emphasise why the Office for National Statistics includes students in the net migration figures. It is because of the international definitions which govern these things. I emphasise to noble Lords that there is no limit on international students coming to this country.
Lord Taylor of Holbeach
I would like to think that it has. I am more concerned whether it has been culturally absorbed by noble Lords. I am doing my best to emphasise to noble Lords that there is no limit on international students coming to this country.
Lord Taylor of Holbeach
Perhaps I may continue, because I, too, am time-limited and I will try to provide a comprehensive reply. I understand noble Lords’ interest in the matter, and I want to assist the House.
One key factor in why we need net migration figures and to note students’ presence in this country is because they are users of services. They form part of the requirements for public services, infrastructure and investment, and we need valid figures on which to base those. If we ignored them as part and parcel of those statistics, that could distort our view of the requirements in those areas. However, I note the arguments of noble Lords on this issue. I can say only that, at the end of the day, there are no limits on numbers.
The UK continues to have a great offer for international students at our world-renowned universities. Just yesterday, Universities UK stated:
“The UK remains one of the most popular destinations in the world for international students looking for a high-quality university experience”.
There is no limit on the number who can come, provided they meet language and academic requirements and can support themselves in the UK. As I said, there are generous work entitlements both during and after their study. Those securing a graduate-level job paying £20,000 a year can switch to a work route, and there are additional opportunities under our graduate entrepreneur scheme.
The Home Secretary recently announced further measures to encourage the brightest and best international students to stay and to contribute to economic growth. All completing PhD students will be allowed to remain in the UK for 12 months to find skilled work or to set up as an entrepreneur. We will add an extra 1,000 places to our graduate entrepreneur scheme.
Baroness Afshar
I beg the Minister’s pardon, but that is not what my students are experiencing. If it costs £10,000 to establish your right to complete your thesis, those good intentions are not reflected in reality.
Lord Taylor of Holbeach
That is not the experience. All the figures seem to show that graduate engagement post-PhD is an increasing area. Indeed, we are doing as much as we can to encourage it through our graduate entrepreneur scheme, as I said, for talented MBA graduates to stay to build businesses in this country. I hope that reassures the noble Baroness and the noble Lord, Lord Wilson, who was concerned about this.
The Government want to send a positive message—not, if the noble Baroness will forgive me for saying so, a negative one—about the prospect of graduate engagement post-degree in this country. The sector needs to take on the responsibility for promoting a positive message. We want to work with universities to protect not just the integrity of the immigration system but the reputation of the British education system around the world, just as my noble friend Lord Lucas said. He made a thoughtful speech and I am happy to organise a meeting for him.
The Government will continue to monitor strictly the adherence of universities as well as colleges to our rules and the UK Border Agency will work with universities on a system of co-regulation to make sure that we enforce student sponsorship obligations and protect the interests of legitimate students. UKBA has had some unreasonable criticism. It is surely right to ensure that we maintain a generous but proper regime for managing these matters. The Border Agency’s decision to revoke London Met’s sponsor licence was the right one. The agency worked with the university over several months to rectify the issues found. The Government took action to protect legitimate students and allow them to keep studying.
It does not serve the reputation of British education to ignore failings of this kind. As we are reducing student visas by tackling abuse, the number of successful applicants to study at British universities is up. This success means we can look forward to a period of stability on student migration policy. That stability will help the Government and universities to give a clear message that the UK has a great offer to international students and that genuine students are welcome here. This offer supports what should be the main attraction for international students—not visa conditions or rights to work but the quality of the education that is to be found in our country.
Baroness Warwick of Undercliffe
Before the Minister sits down, will he answer the specific question about the Government’s targets? Students form the vast majority of migrants coming to this country. The Migration Observatory has estimated that to meet the Government’s target the Government would have to reduce student visa numbers by 87,000. Can the Minister assure us, in assuring us about there being no cap on international students, that the target can be met without reducing by that number?
Lord Taylor of Holbeach
I will answer the noble Baroness but not today. I am well over my time and I think it is proper that I allow the other debates following this to take place.
Lord Phillips of Sudbury
My Lords, before my noble friend sits down, I should be grateful if he would take a brief question.
Misuse of Drugs Act 1971 (Amendment) Order 2013
Lord Taylor of Holbeach Excerpts(11 years, 3 months ago)
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Lord Taylor of Holbeach
That the draft order laid before the House on 8 January be approved.
Relevant document: 15th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 29 January.
Immigration and Nationality (Fees) (Amendment) Order 2013
Lord Taylor of Holbeach Excerpts(11 years, 3 months ago)
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Lord Taylor of Holbeach
That the Grand Committee do report to the House that it has considered the Immigration and Nationality (Fees) (Amendment) Order 2013.
Relevant document: 15th Report from the Joint Committee on Statutory Instruments
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, this is a draft amendment to the Immigration and Nationality (Fees) Order 2011. The order concerns charging for visa, immigration and nationality services and it enables the UK Border Agency to specify applications, processes and services for which it intends to set a fee. I thank the noble Baroness for attending this debate, which is playing to a rather empty Room this evening. However, that does not belittle the importance of the measure, because specific fee levels will be set in separate legislation to be brought before this Committee in due course. For applications and services where we charge more than the administrative cost of delivery, the regulations are subject to the affirmative procedure. Noble Lords will have the opportunity to ask questions about the fees themselves in the debate which follows that second piece of statutory legislation.
In accordance with our legal powers, this amendment to the Immigration and Nationality (Fees) Order 2011 sets out new applications and services for which we intend a fee to be paid in future, and clarifies the powers under which some existing fees are set. The amendment enables the UK Border Agency to simplify its current charging structure for optional premium services and to widen the scope to develop and offer new optional services in the future. For example, there are currently two fees specified within the regulations for each application type made in the UK, depending on whether a migrant makes a postal application or one at a public inquiry office. Instead, there will be a single application fee and a single additional uplift fee payable for optional premium services that an applicant may wish to take up, such as making their application in person or seeking an expedited consideration of their application. This means that about 30 fees will be removed from the regulations, thus simplifying the legislation as well as giving greater flexibility to how the services are provided.
We want to extend the premium services that we offer to sponsors, and this change will give us greater flexibility to tailor services to meet sponsors’ needs. Rather than specifying applications for a change in the status of a sponsor licence, we want to clarify these as requests for optional services. As a first step, we will then look to extend premium sponsorship to tier 4 sponsors, building on the premium offer already available to those in tiers 2 and 5.
We also want to take the opportunity to make several clarifications. First, we wish to put on an appropriate statutory footing the basis on which fees are charged for tests administered for the purposes of the Immigration Rules. In addition, we are adding a power to set fees for the process of enrolling biometric information. We consider defining this as a process rather than as an application better fits the terminology used in the legislation that deals with the enrolment of biometrics.
We continue to value the economic, cultural and social contribution made by legal migrants to the UK and seek to ensure that the fees for visa, immigration and nationality services demonstrate that the UK retains its position as an attractive destination to work, study or visit.
As I have said, this order provides the enabling powers to set fees and we will return to Parliament in due course to debate further regulations, under the affirmative procedure, specifying the fee levels that rely on the powers in Section 51 of the Immigration, Asylum and Nationality Act 2006 and additional powers in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, as amended by Section 20 of the UK Borders Act 2007.
Noble Lords would want to ensure that the immigration system is paid for in a fair and sustainable manner, balancing the contribution made by taxpayers and those who use and benefit most from the system. The amendment contained within this statutory instrument will ensure that we can continue to strike the right balance, and I commend it to the Grand Committee.
Baroness Smith of Basildon
My Lords, I thank the Minister for his very thorough and helpful explanation of the order. He need not worry; I have no fears of not playing to a full house. One thing I have learnt in my short time looking at immigration issues in your Lordships’ House is that these matters are always widely read afterwards. I am sometimes taken aback by the number of e-mails and the amount of correspondence that follows any legislation in your Lordships’ House relating to immigration. That is very helpful because it helps to inform our debates.
I do not disagree with the noble Lord’s comments. He is right when he talks about balancing the contribution between those who use the system and the taxpayer. I have a couple of questions about the order which perhaps he can help me with. First, looking at the policy background, the Minister made it clear that the key part of delivering the immigration system which the public expects is acquiring the necessary resources to fund delivery and improvements in the services we offer.
We are all aware, particularly from the reports of John Vine, about the backlog and the delays in the system and how urgently improvements are needed. The Minister may have heard a Mr Hearne on Radio 4 the other morning, who is about to celebrate—if that is the right word—his first wedding anniversary next month and yet his wife, having gone over the various hurdles that people should when seeking to make their home in this country, still has not had a final decision about whether they can live a normal married life together. I have had an e-mail today from a couple who were told that they would have to wait six months for a decision; they have now been told it will be another five months. It is those delays in the system that bring it into dispute. I do not blame entry clearance officers, the people making the decisions; I think it is a resources issue. If the Minister is able to say anything about when he thinks we are going to see some improvements in the length of time it is taking to make decisions and the ability to clear the backlog, that would be very helpful, given that it is specifically referred to in the Explanatory Notes.
Another point I am unclear on, looking again at the helpful Explanatory Notes to the order, is that under the heading “Legislative Context”, in paragraph 4.1, the first bullet point says that the purpose of the instrument is,
“to allow the UK Border Agency to set fees for providing optional arrangements for processing immigration and nationality applications (currently the cost of such services is reflected in the relevant application fee)”.
If the cost of those services is currently reflected in the application fee, is the Minister proposing to reduce the current application fee and have a separate fee, or will there be an additional and separate fee? The fourth bullet point says that,
“currently such fees are treated as part of the application fee”.
This seems to mean that there is going to be an additional cost on something that is already included. I am not quite clear about what it means.
The third bullet point says that the purpose of the instrument is,
“to put arrangements for charging fees for tests administered by the UK Border Agency (or those acting on its behalf) for the purposes of the immigration rules on a statutory footing”.
Who are those who would act on behalf of the UK Border Agency? It is something that I should be aware of but perhaps the Minister can enlighten me. I am not clear which organisations or individuals would act on behalf of the UK Border Agency.
It is entirely reasonable that there should be charges. When we look at the level of the charges, that may be an issue to debate as well, but I appreciate that that is not before us today. If the Minister is able to clear up those points I would be very grateful.
Lord Taylor of Holbeach
My Lords, I am very grateful to the noble Baroness, Lady Smith, for raising these issues. She is quite right that in this area performance lies at the heart of everything. I am very grateful for the work being done by John Vine. He is driving improvements in the service by identifying points of weakness and the processes and individual cases about which the noble Baroness has communicated with me—and of which I was myself aware—in which there were delays in the consideration of someone’s personal position. Consideration has often been deferred, putting people in uncertainty.
The driver behind these changes is to make sure that the income that can be generated by fees is used to improve the service. This accounts for the pursuit of a premium service—which, I hasten to add, is not at the expense of the normal service but enables people for whom this is very important to have their cases dealt with in the most efficient way to suit their personal needs. It is exactly what we want to turn UKBA into: a consumer-oriented organisation that seeks to serve the people who wish to use its services.
I turn to the issues on which the noble Baroness questioned me. Most of the backlog in marriage cases was accounted for by people who had been refused by the normal process but were trying to circumvent the formal appeals process—the noble Baroness will know that there is an appeals process—by requesting an informal reconsideration. The 2,000 cases that were identified as requiring a decision have now been dealt with. The details of those who requested an informal reconsideration are being passed to Capita, who will contact them on behalf of the UK Border Agency as part of the work to ensure that those with no right to remain in the United Kingdom leave the country. If they refuse, I am afraid that their removal will have to be enforced.
Baroness Smith of Basildon
I appreciate and fully understand that. I was not suggesting that somebody who is not entitled to remain in this country should be able to do so. I am a little concerned about the Minister’s reference to circumventing the process. My understanding is that the process by which people were refused and then looked to have their case reconsidered was part of the system. They were not going against the rules, but acting within them.
Lord Taylor of Holbeach
I accept that. That is why we were concerned about it and why John Vine was right to draw the attention of Parliament to the situation. We are very concerned to make sure that it does not continue. This statutory instrument is about trying to engage the involvement of the consumer in the payment of fees, to strengthen the service that can be provided by UKBA.
The noble Baroness asked which companies act on behalf of UKBA. Within the UK, the Post Office uses biometrics and provides a check-and-send service. Overseas, two commercial providers offer assistance with processing applications and premium services. I cannot provide the names of those organisations now, but I will drop a line to the noble Baroness. She also asked why the fee was not included as part of the application fee. That is because the UK Border Agency awarded the contract for the provision of the third-party biometric service to the Post Office. I hope she will understand that that is separate from the fee that is charged for the application.
Baroness Smith of Basildon
I am sorry; perhaps I was not quite clear. I understood why, at the third bullet point, it says,
“arrangements for charging fees for tests administered by … those acting on its behalf”.
My point is about it including the relevant application fees on the first one, whereas at the moment it says,
“the cost of such services is reflected in the relevant application fee”.
I am not sure why legislation is needed to have a charge if it is already included in the current application fee. It is the first bullet point.
Lord Taylor of Holbeach
Yes, I agree with the noble Baroness. It might sound like a tautology but I am sure that it is relevant. I hope that the noble Baroness will excuse me if I do not explain the full details of that. I will certainly write to her about it.
The noble Baroness asked about the backlog of cases. The UKBA’s website would accept a reconsideration request if it was submitted before November 2012, when the question first arose. I hope that the noble Baroness is content with those responses. I have given an undertaking that I will write to her. I will do so, and put a copy in the Library. I commend the order to the Grand Committee.
Misuse of Drugs Act 1971 (Amendment) Order 2013
Lord Taylor of Holbeach Excerpts(11 years, 3 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Taylor of Holbeach
That the Grand Committee do report to the House that it has considered the Misuse of Drugs Act 1971 (Amendment) Order 2013.
Relevant document: 15th Report from the Joint Committee on Statutory Instruments
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)
My Lords, this order, which was laid before Parliament on 8 January, fits within the Government’s drug strategy and policies to tackle the threat posed by new psychoactive substances sold, in popular parlance, as “legal highs”. The Government welcome the recent contributions made by Parliament to inform our considerations in this area of our work. We are indeed much engaged in discussions and reviews of our policies.
Keeping our drug laws up to date remains a key element of this Government’s drug strategy to reduce drug harms, and we make no apologies for our third drug control order since coming into power. The order will implement the Government’s decision, in late 2012, to accept the advice of our independent experts—the Advisory Council on the Misuse of Drugs—to control a number of new psychoactive substances as class B drugs. The order will amend Schedule 2 to the Misuse of Drugs Act 1971 accordingly.
It will add O-desmethyltramadol to the list of class B drugs. This compound, currently sold as a legal high or as an undeclared but active ingredient in similar products in Europe, has not been detected in the UK. However, the ACMD advises that it poses a serious health threat. It has been associated with a number of deaths in Sweden. We agree with the ACMD that there is compelling evidence of harm to justify pre-emptive control to protect the UK public.
Noble Lords previously considered the 2009 drug control order on synthetic cannabinoids. These are man-made chemicals that mimic the effects of cannabis but also present similar harms. Over 140 of these compounds became controlled class B drugs. This was achieved by using a generic definition comprising five chemical families to capture these drugs. As these have mostly disappeared in the UK, as far as we can identify, new compounds have emerged. We have been monitoring them with the ACMD through UK and EU drugs early-warning systems.
The order will update four of the five chemical families identified in 2009 and increase their number to eight so that the generic definition captures more of the chemically related compounds. These include AM-2201 and MAM-2201, which have been identified in samples of the legal high products going under the brand names—if that is the phrase to use—Black Mamba and Annihilation, which have been linked to several hospitalisations.
The order will also make methoxetamine a controlled class B drug, as recommended by the ACMD. Noble Lords will recall that this drug has been subject to a temporary class drug order since April last year. The ACMD has also provided a generic definition to control the drug so that similar compounds which could replace it in the legal high market are also controlled.
The order will be complemented by two negative instruments in relation to the designation and scheduling of the drugs which will become controlled under the Misuse of Drugs Regulations 2001. In line with the ACMD’s advice and following consultation with the healthcare sector and industry, they will be designated as schedule 1 drugs, meaning that activities relating to them will be permitted for research or other special purposes subject to the relevant Home Office licence.
The Government take seriously the protection of public health, and protection against the threat posed by potentially harmful emerging drugs in the UK and abroad is necessary. I commend the order to the Committee.
Baroness Smith of Basildon
My Lords, I feel that I may have been a little unkind to the Minister last week when I suggested that he might have to read out in full the names of all the drugs that we would be looking at today. It is perhaps more useful to use the street names, which are, for good reason, a lot easier.
I suspect—if it is not a very bad pun—that there is not a cigarette paper between us in looking at what we can do to end the scourge of drugs and the damage that they cause to so many young people in society. We therefore welcome the order and support action to protect young people from these substances. It is always wise, as is evident in the order, to act as early as possible. I welcomed the temporary ban placed previously on “mexxy”—MXE. The Minister may be aware that when we considered the relevant order—I appreciate that he was not the Minister at the time—I raised a couple of issues. Despite our full support for the order, we were concerned that it had taken a long time to get to your Lordships’ House. We were behind a number of other countries, such as Russia, which had already taken action. We welcome the fact that O-desmethyltramadol is being added to the list of class B drugs before any evidence is widely available in the UK. We know that the drug travels across Europe and that young people get it, and it is right that, based on the evidence of the danger that it causes, action should be taken as soon as possible.
When discussing the previous order, I asked about the Government’s relationship and co-operation with the European Monitoring Centre for Drugs and Drug Addiction—EMCDDA. We were concerned then that the EMCDDA had identified 90 new substances in 2010 and 2011 and, I understand, even more in 2012. At that point, the Home Office’s early warning system had identified only 11 of those drugs. The noble Lord, Lord Henley, the Minister at the time, was unable to answer that point in Committee—I appreciate that the Minister may not have information today, but, again, I would be happy for him to write to me. I am concerned that we should not lag behind what the EMCDDA is doing. In the case of O-desmethyltramadol, it is clear that the Government are not lagging behind, but given that 90 new drugs were identified up to 2011 and even more in 2012, it would be interesting to know how many of them have been identified by the Home Office’s early warning system. How do the Government and the Home Office co-operate with the EMCDDA? It is quite clear that if the centre has information that is useful to us and allows early action to be taken, as with this particular drug, it would be very welcome.
Lord Taylor of Holbeach
I thank the noble Baroness very much indeed for her support. The drugalyser is rather a focused piece of kit at the moment and deals with drugs that are commonly available and well recognised as impairing people’s ability to drive properly. I have no doubt that we will have an opportunity in future to debate how that particular piece of equipment will be used. It is a Department for Transport area of activity but of course we are very much involved and, indeed, it was included in the Crime and Courts Bill, which was led by the Home Office. We will continue to monitor it. The short answer is, of course, that such a piece of equipment will be unable to pick up all drugs, but that does not invalidate its introduction as a useful piece of equipment to monitor people’s misuse of drugs while driving.
This order has two elements, which are innovative and have been recognised and welcomed by the noble Baroness, the first of which is the pre-emptive strike. To pick up on the example of the chemical O-desmethyltramadol, we are making clear, before it gets here, that this highly damaging drug is illegal within this country.
The second is generic protection. As the noble Baroness said, this is difficult to put into legislation. However, I must say that page 2 in particular is an impressive piece of drafting. I had a modest education in organic chemistry and can see exactly what the drafters of the legislation sought to do. Almost all the manufactured, synthetic drugs are based on organic chains with psychoactive elements. The legislation recognises the derivation of these compounds, and their reassembly and reformulation to get round the ban will be very much more difficult through the construction of this generic, family-type ban. It will be very useful.
The noble Baroness asked a question to which I do not have the answer, although I should have had. She asked about the progress being made on the internet sale of drugs. I will find out if I can update her on that. Clearly it is an area where illegal marketing goes on. This is of concern and we would want to take every measure to try to stamp it out. I hope that noble Lords can see that this measure is particularly useful in addressing the advent of these legal highs, and I commend the order to the Committee.