Passport e-Gates Network Outage

Viscount Waverley Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

First, I say again, for the record, that this was not an outage that we have seen before but a unique situation; I say this just to shoot that particular fox. My noble friend makes some very good points. These are matters of high-level diplomacy but I will, of course, look into the reciprocity arrangements that she talks of and see whether there is any more that I can say about that. I suspect that negotiations are ongoing and I imagine that they form part of much bigger discussions.

[Viscount Waverley (CB)]

My Lords, technical challenges have been referred to in some detail in relation to Portugal, with the potential that that country, in which I am resident, is to be suspended from the Schengen system in July. This will presumably cause a whole plethora of additional challenges for the UK tourist industry. All the countries seem to be having these technical problems. I wonder, could there be some kind of discussion to see what could be done working in unison to try to sort it out?

While on my feet, I encourage the Minister to consider the provision under Article 50 of the Lisbon treaty, whereby residents of a country, if non-nationals, may avail themselves of foreign immigration lines. The SEF authorities in Portugal would welcome Ministers from both countries, Portugal and the UK, sitting together, as it would ease their burden. The systems are exactly the same whether you are resident or non-resident, in respect of which lines you have to go through. However, because of Article 50—dare one say it, a colleague in this House was responsible for drawing up that process; a colleague who says, “Not me, guv”—the SEF authorities would very much welcome the Ministers getting together to sort this out by agreement.

[Lord Sharpe of Epsom (Con)]

Again, I am not particularly qualified to comment on Portugal’s internal systems and processes. Perhaps, since he lives there, the noble Viscount could bring his considerable diplomatic weight to bear and help us out a bit. Those discussions should be ongoing. It is, of course, our oldest alliance, so I am sure there is plenty of good will.

Rwanda Treaty

Viscount Waverley Excerpts

Friday 8th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I do not know the answer to that. Part of the reason that I do not know the answer is that so much of this activity takes place on foreign shores.

[Viscount Waverley (CB)]

My Lords, on costs and criminal gangs, may I ask for clarity following my question yesterday and the Minister’s response? Have the Government fulfilled all extradition requests by the Government of Rwanda on matters relating to genocide and war crimes—and if not, why not? Or is there a reticence by HMG to do so, and if so, why?

[Lord Sharpe of Epsom (Con)]

I will have to write to the noble Viscount about extradition requests. I do not know the answer.

UK-Rwanda Partnership

Viscount Waverley Excerpts

Thursday 7th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

In response to the first part of my noble friend’s question, I again repeat the Prime Minister’s words. He said this morning, and I agree, that:

“If the Strasbourg court chooses to intervene against the express wishes of our sovereign parliament … today’s new law … makes clear that the decision on whether to comply with interim measures issued by the European court is a decision for British government Ministers and British government Ministers alone”.


The good news is that it is the Government, and not criminal gangs or foreign courts, who decide who should come and who should stay in our country. It is very unreasonable to disagree with the Prime Minister’s remarks. In response to the second part of my noble friend’s question, I say that this is clearly a subject of considerable importance, which has been politically dominant in recent years. I therefore commend the Government’s efforts to try to solve it.

[Viscount Waverley (CB)]

My Lords, I will add a point of detail to the question posed by my noble friend Lord Kerr. The Government are aware that, until recently, some individuals were not being deported to Rwanda from the UK in relation to genocide of old. What is the current status of any individuals who remain in the UK and why is that? If they have not been deported, why has this taken so long?

[Lord Sharpe of Epsom (Con)]

My Lords, I cannot comment on specific numbers of refugees from that particular incident. However, I can reassure the noble Viscount about the safety of the Republic of Rwanda. Clause 4 of the Bill allows that

“Decisions based on particular individual circumstances”


can be specifically exempted from some other aspects of the Bill. I will not read them, as he can read them himself.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I think I have already answered that question in terms of decisions based on individual and particular circumstances. I will leave it at that for now.

[Viscount Waverley (CB)]

My Lords, are the Government minded to consider the approach of the most reverend Primate the Archbishop of Canterbury, who spoke of a knee-jerk reaction without the long-term solutions that are absolutely required for migratory issues? Will the Government give some consideration to implementing such a solution, so that we can resolve this whole problem worldwide?

[Lord Sharpe of Epsom (Con)]

As I said when the most reverent Primate asked me the question, global circumstances would clearly suggest that that is a very good approach. Clearly, also, those conversations are ongoing in high-level diplomatic circles. But the fact is, as I said earlier in answer to my noble friend Lord Lilley, that the world is also looking for solutions to this problem on a bilateral basis.

Electronic Travel Authorisation

Viscount Waverley Excerpts

Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am afraid that I do not agree with the noble Lord that the views of the tourist authorities across the island of Ireland have not been taken into account. Engagement has been deep and thorough, and it is for that reason that an agreement has been made that particular circumstances will apply in Northern Ireland. I simply do not agree with him that the impact of the introduction of ETAs will devastate the Irish tourism industry.

[Viscount Waverley (CB)]

My Lords, will these rules apply to those with full residency in the European Union—to British nationals entering the European Union? I declare that I am a full resident in Portugal. Are the Government aware that EU citizens can avail themselves of the opportunity to go through the UK’s electronic gate immigration system? However, as a result of Article 50 of the Lisbon treaty, those with residency, when entering the EU, are consigned to third-country status. Would the Minister consider engaging with his EU ministerial colleagues—it has been suggested by EU immigration authorities that they would welcome this—to have this anomaly corrected?

[Lord Murray of Blidworth (Con)]

I thank the noble Viscount for that question. He makes an important point. As I have said before in this House, we endeavour to operate our e-gates policy on the most welcoming basis we can, and this includes allowing EEA nationals to use our e-gates. It is perhaps unfortunate that the same privilege has not been extended reciprocally so far, but this is something officials continue to work on. I reassure the noble Viscount that my understanding is that the Schengen border area negotiations resulted in an agreement that there would be exemptions for residents and family members of EU citizens from ETIAS, although it is a little unclear what those are and how they will be affected at this stage.

Fighting Fraud (Fraud Act 2006 and Digital Fraud Committee Report)

Viscount Waverley Excerpts

Friday 30th June 2023 Lords Chamber

[Viscount Waverley (CB)]

My Lords, this has been a most productive debate on an issue I fear might only get worse, unless it is robustly addressed. As always with the challenge of putting forward original contributions while being tail-end Charlie, I will focus on some key takeaways. Having reflected on some of the extensive points that stood out from the committee’s report and the Government’s response, I have little doubt that a number of challenges should be urgently addressed, including the fact that law enforcement and government lack efficient co-ordination and operational capability. That is just the beginning, to illustrate the scale of the problem.

Due to the level and sophistication of fraud, companies must adopt a culture of suspicious inquiry. To protect and support their sales efforts, companies need free access to case studies, and FAQs and proactive alerts would be of interest. Merely reporting to Action Fraud, while formalising and gathering the data, in no way ensures that wider sharing of data and, ultimately, regulatory and criminal action and remedies are enforced. Anti-fraud measures such as Action Fraud have been ineffective when compared to what could be achieved if they were exploited properly. More focus should be on action and, importantly, on ensuring the knowledge and experience to act quickly.

The all-important technology used by criminals is better anonymised, making effective follow-up difficult. Law enforcement and government lack the necessary latest digital technologies to counter the threats, including securing the wrong technology for the job, which could take years to unpick.

Insufficient accountability for delivery exists, and it is too easy to hide non-delivery. Current legislation overcomplicates and hinders the process of evidence collection and quick action, with insufficient consideration given to the private sector to assist law enforcement agencies and government. This contrasts with the military model, which actively seeks help.

I will venture a number of pointers for consideration. Enabling better use of the private sector and factoring in the experience of qualified investigation companies, with the added benefit of leveraging operational capability, is as relevant to the fraud environment as it is in many instances where government could usefully adopt a differing mindset. I also suggest enabling access to the latest anti-fraud technology held by private companies, through government frameworks such as ACE and tracer, developing the co-ordinated and technology-sound effort that is urgently required to counter fraud threats.

Advances in technology make the task more challenging, with sophisticated frauds often launched from outside the UK, making detection and response difficult. Those who perpetrate modern frauds are technology-savvy, sophisticated criminals who meticulously plan their activities to protect and preserve revenue streams.

Given the level of criminality, an anti-fraud tsar should be given oversight to ensure accountability. Often, the problem with digital fraud is that the legislation and, therefore, the ability to respond is simply not there. The creation of a working group under parliamentary supervision, or a central figure such as a tsar or anti-fraud commissioner to implement quick-fix measures, would produce dividends. An operational fraud centre that not only analyses but co-ordinates, such as an effective Action Fraud and the NECC—with clear operational power and capability—would, additionally, greatly assist, as would providing a due diligence and educational hotline for the public to report suspect activity, alongside a central social media monitoring tool to alert people to fraud attempts.

I suggest encouraging companies to incorporate anti-fraud measures, as is the case with modern slavery and anti-bribery, and an expert asset recovery unit to recover assets in civil fraud cases, along with enabling private funds to help sponsor anti-fraud activity. Two examples of developing a robust, unified and co-ordinated response from government, law enforcement and the private sector are: urgently developing a working group to conduct a thorough review of what hinders—and, conversely, what helps—fraud investigations; and reviewing the unintended consequences of data laws that restrict fraud investigation, alongside a lighter-touch GDPR and the reinstating of the successful multiagency asset confiscation unit within the Ministry of Justice. This has been spoken about for years, with various initiatives launched, such as Action Fraud, but they have failed to have the intended impact.

I suggest deepening co-operation with banks—while recognising their advances on the algorithm sets to watch for incoming fraudulent transactions and spotting and responding to fraud—and devising a deeper co-operation model between banks, tech companies and the legal, accountancy and investigation companies which often encompass former law enforcement officers. This is a quick fix, and existing models of interbank co-operation could be adopted. There is frustration at the lack of action in this regard.

The FCA is a pivotal organisation, and the combined endeavours with the director of the NECC, her successor and the NCA intelligence director—all of whom left the NCA to take up senior roles in the FCA—should be taken full advantage of to include strengthening tactical issues to lead to better strategic oversight and direction from the FCA. Government should urgently bring forward measures to enable the FCA to regulate crypto assets and enlarge current rules, relaying the results of examination of blockchain, under regulation, to private companies, which have fewer priorities and extensive resources.

An urgent review that uses experienced investigators and advanced investigation tooling, including AI, to assess where assets could be recovered would be useful. I did not think of it this morning, but I wish I had asked ChatGPT what comments it would make on anti-fraud measures that might assist this debate; I will do so this afternoon.

We should ensure that Companies House becomes a more active, transparent gatekeeper and is provided with appropriate resources, aided by developing a dedicated whistleblowers’ anti-fraud hotline, combined with the appropriate legal protection for whistleblowers, similar to Crimestoppers, with reward incentives as a viable way to combat fraud. The noble Baroness, Lady Morgan, spoke of the need to incentivise the whole anti-fraud environment, and she is absolutely right. The list goes on, but implementing operational response by adopting the counterterrorism “four Ps” mantra of pursue, protect, prevent and prepare should be fully applied to identify and frustrate fraud.

I acknowledge conferring with Harod Associates to confirm some salient points of detail. The question of how private investigation companies could be more usefully utilised and added to the toolkit should be examined. Often equipped with more powerful investigation tools, and with many fraud investigators under the command of former law enforcement seniors, they could provide a significant resource to assist. Set fees for many of these companies could be set at government rates and recovered as costs.

Many existing recommendations are felt to be hard to achieve, or advance with glacial speed. The more involved I become in an unrelated national review, the more I find that government working in silos instead of in partnership is a national trait; a sea-change in government’s mindset is required. I noted references to the international space and fully intend to include fraud in my ESG programme. I encourage government to do likewise.

Passports: Strike Action and Voter ID

Viscount Waverley Excerpts

Monday 20th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank my noble friend, who is of course correct that paper identification has been required at polling stations in Northern Ireland since it was introduced in 1985, and photo identification since 2003, when it was introduced by the last Labour Government. It has proven to be highly effective at stopping fraud and preventing the crime of stealing someone’s vote.

[Viscount Waverley (CB)]

My Lords, I will add to the last question and publicly commend the Passport Office—or certainly one unit within it, the international section—for providing an absolutely exemplary service. Would the Minister care to add to my positive remarks?

[Lord Murray of Blidworth (Con)]

I am incredibly grateful to the noble Viscount for his comment, which I will pass on. I am always very impressed by the Passport Office staff. Their work to turn around delivery times has been exemplary across the Civil Service, and it is most regrettable that the action taken by the PCS will imperil this.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

As I say, that is not a Home Office issue, so I am afraid that the answer is no: I have not given that instruction. No doubt the noble Lord can make inquiries of the Department for Levelling Up, Housing and Communities.

[Viscount Waverley (CB)]

European citizens are, I guess, allowed to vote in these circumstances, and they only have European documents. The Government may wish for these to be added to that already extensive list.

[Lord Murray of Blidworth (Con)]

Yes, indeed; the noble Viscount is right. EU and EEA passports and identity cards are valid.

Security Threat to UK-based Journalists

Viscount Waverley Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid I reject the premise of the question, that this is in some way a national embarrassment. I think this is actually a robust response by the counterterrorist police to an evolving situation, as I tried to explain earlier. I cannot go into details on the new site—I think it would be unwise to do so, for lots of security reasons—and I am afraid I have no details about the costs and who will be paying for it. The thing I can say about the existing site is that the police decided, having responded to a large number of threats, that it was in a difficult place to secure. Therefore, something needed to be done sooner rather than later. I think they should be praised for that.

[Viscount Waverley (CB)]

My Lords, can I take the question of Iran one step further? Does the Statement not make the timing of the closure of the BBC Persian service entirely inappropriate—all for a paltry £800,000 a year? Our foreign policy and strategy should deem this an entirely illogical move. Support for the people of Iran is paramount at this critical time, and closure will send conflicting messages about the support we have in this country for the uprising. Will the Minister take this message back to his colleagues at the Treasury to give clear approval of keeping this critical service open?

[Lord Sharpe of Epsom (Con)]

I agree with the noble Viscount that the service is indeed critical. I actually delivered some of the figures earlier on access by an Iranian audience to the BBC. Some 99%, as I said earlier, use BBC Persian on TV and online. Only 1% of the BBC’s total weekly Iranian audience of 13.8 million people get BBC news solely via radio. I agree that the BBC World Service does play a vital role in delivering high-quality, accurate and impartial broadcasting across the globe. The FCDO is providing the BBC World Service with over £94 million annually for the next three years; it supports services in 12 languages and improvements to key services in Arabic, Russian and English. That is in addition to nearly £470 million that we have already provided though the World2020 Programme since 2016. To say it has been closed is very much an overstatement.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that question. I am afraid that I am not personally able to answer it, so I will make sure that she is written to. I think DCMS takes the lead on this area but I will make further investigations and make sure she is fully informed.

[Viscount Waverley (CB)]

My Lords, I apologise for coming back. I will look closely at the response— I recognise that not all these issues are necessarily the Minister’s bag, as it were—but, on the question of Iran, he needs to be aware, as I am sure the Government and the Minister sitting next to him are, that the ability of people in Iran to receive the World Service is restricted because of the lack of internet and other such issues. The ability of people in the interior of Iran to get the message from the BBC Persian service needs to be looked at.

[Lord Sharpe of Epsom (Con)]

I shall make sure that my noble friend to my left is aware of the noble Viscount’s point.

Spousal Visas: Processing Times

Viscount Waverley Excerpts

Tuesday 21st June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord points to the vulnerability of women. We have seen that very much during the flight from Ukraine; they are our most vulnerable. Again, that is why we have prioritised the visas and why we do not want women to take journeys across Europe to perhaps be at the behest of people who would not wish them any good.

[Viscount Waverley (CB)]

My Lords, notwithstanding everything that has already been said today, is the Minister aware that a drift back to Ukraine from countries such as Poland is starting, and that a direct train service from Warsaw to Kyiv—with a change of undercarriage at the border—has started to be reinstated, and that even the economic development agency based in Kyiv, on behalf of the Ukrainians, is now starting to get back into business to work out how it is going to advance the economic development of that country?

[Baroness Williams of Trafford (Con)]

The noble Viscount brings both good news and bad news. The good news is that the Ukrainians are desperate to get back to normal, but I say that with a note of caution, because I hope they are not going back to face further danger.

Migration and Economic Development Partnership with Rwanda

Viscount Waverley Excerpts

Wednesday 15th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend refers to the long-standing inadmissibility rule, which states that the asylum seeker should claim asylum in the first safe country.

[Viscount Waverley (CB)]

My Lords, without getting embroiled in the politics of this, I would be grateful if the Minister could say why Rwanda was chosen and, generally, on what terms. If I heard her correctly, three were in question and were part of the legal process last night, so why did the flight not continue in any event?

Have the Rwandans given an assurance that they will not further deport refugees to another country? The Minister spoke about Rwanda being misrepresented and that it supports asylum seekers. Would she care to comment on the fact that Rwanda is looking for the extradition from this country of people associated with the genocide in that country? It has been doing so for a very long time, but the UK is not in any way accommodating that request.

[Baroness Williams of Trafford (Con)]

I will not comment on legal matters. The three that I mentioned were the court applications, not people. Rwanda is a nation of refugees that has known terrible horror, including genocide; it is very sensitive to the plight of refugees. In fact, most of the people whom I spoke to when I was there were themselves refugees from other parts of Africa. At this stage, it is right to let the legal processes take their course. As my right honourable friend the Home Secretary said in another place, she will consider the judgment of last night.

Ukrainian Nationals: Visitor Visas

Viscount Waverley Excerpts

Tuesday 22nd March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

The noble Lord has made me speechless about the prospects for Watford football club, but I reluctantly accept that he is quite correct.

On the substance of his question about Ukrainians arriving in small boats, all I can say is that it is our policy to treat any Ukrainian who arrives—and others, I hope—with as much sympathy and compassion as we can. I would like to meet with him or drop him a line about a more specific answer to his question.

[Viscount Waverley (CB)]

My Lords, referring to the Minister’s previous response, what measures will be taken to ensure that Ukrainian refugees are safeguarded from being subjected to modern slavery? Will welfare checks and safeguarding assurances be undertaken regularly and before any payments are made under the “Homes for Ukraine” £350-a-month “thank you” payment scheme?

[Lord Harrington of Watford (Con)]

I can confirm that checks are being carried out as we speak on sponsors before refugees arrive in their homes, and that local authorities will be carrying out further checks in the weeks to come.