Migrants

Viscount Waverley Excerpts

Thursday 25th November 2021 Lords Chamber

[Viscount Waverley (CB)]

The deaths in the channel yesterday of decent citizens forced to believe that the risk was worth it, and the Afghan soldier who assisted UK and US special forces and presumably missed the cut in Kabul, being forced to such perils to reach a country which he had assisted, were beyond the pale.

Where there is a will, however, there will always be a way. From time immemorial, loopholes in any system will be exploited, and bettered in this case by criminal gangs that are merciless in their evil trade. Therefore, let us do the job properly and seal the borders to put an end to this tragic loss of life, or have a strategy that is appropriate to a humane United Kingdom. I recognise that the Government are in a bind on all this, but the targeting of traffickers is paramount. How many traffickers have been brought to justice here or in France—any? Why do we not de-risk the endangering of lives and have applicants processed at source? Are there any processing units in the regions from whence the flow of migrants comes? If not, can the Government consider this? If not, why? I take the point, made by the noble Lord, Lord Lilley, that those who are legitimate would at least then have a safe passage to the UK in the event of being successful.

I am curious to know how many of the boat people crossing the channel out of the total meet the ability-to-stay threshold. If the Minister does not have that figure to hand, will she kindly undertake to write and to place a copy of the letter in the Library?

While the suggestion that France could intervene more is to be encouraged, blaming France, with all the current negative issues that surround the relationship, is probably wide of the mark. To suggest that we patrol French beaches is unrealistic. The Government would not have it if the situation were reversed. It is also clear that it is incompatible with international law to return migrants in open seas. Will the Minister confirm this?

It is believed that many of the boats being used are bought in the UK, fitted with new outboards and taken to France in the back of a car. Is the Minister aware of this, and have Customs and the Border Force been alerted to it? I am informed that the Queen’s warehouse in Dover questions whether many of them must be kept as potential evidence, but the Home Secretary has had a stop placed on these disposals. Perhaps this might be reviewed to reinstate the practice that goods used in crime can be auctioned off and the proceeds given to a charity that can demonstrate a need for the craft for the benefit of the community. For example, the Maritime Volunteer Service is expanding its safety patrol coverage of harbours and waterways.

Now is the time to look at the human tragedy of this situation and call for international collaboration to break the business model of the traffickers, recognising the positive components to managed migration, but equally addressing the drivers of involuntary migration and creating more legal avenues to assessment procedures. A good place from which to review a long-term strategy is to assume that people would prefer not to leave their loved ones, homes and culture. From southern seas to closer to home, migration is a global phenomenon and requires an international strategy to address its economic, social and political causes.

--- Later in debate ---

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

My Lords, I will first address the points made by the noble Lord, Lord Desai, which I thought were very positive. The basis of our skills-based immigration system is that, if people have the skills to come here, we will welcome them. Immigration has contributed to our economy. We are a nation of immigrants. He is and I am. I presume that the noble Baroness, Lady Bennett, counts herself an immigrant. I am not quite sure about the noble Baroness, Lady Hoey, who is from Northern Ireland, but the noble Baroness, Lady Fox, does as well. A good proportion of the people speaking in this debate are immigrants, as are half the Cabinet.

Secondly, I thank the noble Baroness, Lady Hoey, for securing this important debate on the issue of migrants arriving in the UK on small boats, which is a different point from that which the noble Lord, Lord Desai, makes. We will go on shortly to further discuss the dreadful boat tragedy that we learned of yesterday.

These crossings are dangerous—people have lost their lives attempting them—and they are wholly unnecessary. As the noble Baroness, Lady Hoey, my noble friend Lord Lilley and, I think, the noble Lord, Lord Green of Deddington, said, France is a safe country with a fully functioning asylum system, as are the other countries of Europe through which these people typically pass on their way to the UK. There is no need for those in need of refuge to make these hazardous journeys across the channel, because a safe route to asylum exists in Europe. The motive of those endangering themselves in this way therefore cannot exclusively be one of seeking sanctuary from persecution. These crossings are driven by organised criminals, who sell the dream of a better life in the UK at the expense of the safety of the people they bring here, and who do not care whether the men, women and children they cram into fragile and unseaworthy craft live or die, so long as they get their money. The Government are determined to stop these crossings and to bring to justice the evil criminal gangs who profit from them.

As the noble Baroness, Lady Hoey, said, nearly 70% of arrivals are men and the majority of the children are also male. Iranian nationals account for the most arrivals over the past two years, followed by those from Iraq, Syria, Sudan and Eritrea. Noble Lords will note that we have had a Syrian resettlement scheme over the last few years.

The point made by my noble friend Lord Lilley that the middle classes are the only ones who can afford to come is important, in terms of vulnerability and neediness, because the people who can afford to pay people smugglers are the ones most likely to get here. You do not see many older ladies or female children. That the majority are male and between the ages of 18 and 34, although they might be skinny when they get here, is surely an indicator of vulnerability.

In recent decades, the institution of refuge has been abused by those who want to come to the UK for other reasons and who view asylum as a means to gain entry which would otherwise be denied to them. The phenomenon of using small boats to cross the channel, which we have seen grow since 2018, is merely the latest and most outward manifestation of a problem that the Home Office has had to deal with for many years: large numbers of people, mostly without documents—as the noble Baroness, Lady Hoey, said—travelling from the safe countries of Europe and seeking asylum in the UK.

To suggest that all these people have no haven in European countries and that they are driven into these perilous crossings by desperation is just not true. Those making those arguments, I would suggest, are being disingenuous. As the noble Lord, Lord Green of Deddington, said, these crossings are made for the same reason as applies to those hiding in lorries and containers or using fraudulent travel documents on passenger services: to evade our immigration system.

The noble Lords, Lord Kerr and Lord Dubs, asserted that we had closed the door and that this was why this situation has happened. I was just thinking of the various routes that we have or have been replaced. In terms of Dubs, we met our commitment of 480 unaccompanied asylum-seeking children—the noble Baroness, Lady Bennett, might shake her head, but these are facts. We have issued 39,000 family reunion visas since 2015. We have had the Syrian resettlement scheme, which resettled more than 20,000 people in the last few years. That has been replaced by the global resettlement scheme, so to respond to the point made by the noble Lord, Lord Kerr, we will now resettle vulnerable people from all over the world. Our assessment will be based on vulnerability and not on from where they come, though the two may of course be linked. We now have the Afghan citizens resettlement scheme, which is an extremely generous scheme. There is the BNO scheme, which the noble Baroness, Lady Hoey, talked about, and, of course, we have the ARAP scheme for those who helped us in Afghanistan. To say that we have closed the door is just not true.

We are clear that access to our asylum system should be based on need and not the ability to pay people smugglers. That is why we have introduced the Nationality and Borders Bill. I am pleased to hear that the noble Baroness, Lady Hoey, and my noble friend Lord Lilley are looking forward to it; I look forward to working with them. It is the most comprehensive reform in decades to fix the broken asylum and illegal migration system. This country has a long tradition of welcoming those in need of sanctuary, but not everyone who wants to settle here can do so and those who do so must come here legally.

As the noble Baroness, Lady Hoey, said, based on her experience of visiting Dover, the brave and highly trained officers of Border Force, day in and day out, set out to sea in cutters and coastal patrol vessels to manage the small boats used by migrants to cross the channel. Their mission has been one of search and rescue rather than enforcement, because we have a legal duty to preserve safety of life at sea. That is why HM Coastguard and the Royal National Lifeboat Institution are involved in responding to these crossings: a life in danger at sea is a life that we will try to save if at all possible. Border Force has also developed safe and legal maritime tactics to turn around migrant vessels and prevent crossings. This maritime deterrent will form part of a wider set of tools designed to dissuade people from using this route, preventing embarkations and ultimately saving lives.

The noble Baroness, Lady Hamwee, asked me about legality. I say to her that this is nothing new. Border Force has existing powers under the 1971 Act to intercept vessels in UK territorial seas, and an officer is not liable in any criminal or civil proceedings if the court is satisfied that the act was done in good faith and there were reasonable grounds for doing it. All operational procedures used at sea are delivered in accordance with domestic and international law and obligations.

We are clear that these crossings will be truly ended only when they are seen to be ineffective by those who would make them. That is why we are pushing for the unconditional return of all those arriving by small boats to their country of embarkation as soon as possible. That is the reason for the inadmissibility rules that have now come into force: they make it easier for us to return those who have arrived by small boats. We are now focused on agreement with France and other members of the EU to accept back those who have arrived in the UK by small boats, without condition.

The noble Baroness, Lady Hoey, asked me about the money we had given to France and what was happening to it. A bilateral arrangement was reached between the UK and France on 20 July this year. The UK pledged to make a further financial investment of £54 million to tackle illegal migration and small boats. We can confirm that the processes for French funding arrangements agreed in July to tackle illegal migration are in place. Initial payments have been made for the deployment of police and for accommodation centre places, with further payments for technology agreed for later this year. She will understand that I cannot go into any further detail than that.

In the meantime, those who arrive, claim asylum in the UK and are destitute have to be accommodated and supported while their cases are considered. That is a legal requirement but also a moral and practical one. We have a particular responsibility for the care and welfare of vulnerable unaccompanied children, and from this week local authorities have been notified that the national transfer scheme has been temporarily mandated to ensure that unaccompanied asylum- seeking children receive the critical care, support and accommodation that they need upon their arrival.

I will go into further detail on that for the benefit of the noble Lord, Lord Dubs, and others. In 2020—this goes to the point made by the noble Lord, Lord Kerr; he and I are always disagreeing on this—the UK received the second highest number of asylum applications from unaccompanied children, 2,773, out of all the EU-plus countries. They accounted for approximately 16% of all reported UASC claims made.

The noble and right reverend Lord, Lord Harries of Pentregarth, asked about family reunion. We provide safe and legal routes to bring families together through our family reunion policy, which allows a partner and children under 18 of those granted protection in the UK to join them here if they formed part of the family unit before the sponsor fled their country. As I said earlier, more than 39,000 family reunion visas have been granted since 2015.

I have talked about the support that the UK has funded. The funding arrangement that was agreed by the Home Secretary increases the number of French law enforcement officers patrolling the beaches, improves the surveillance technology and allows more crossing attempts to be detected sooner. It strengthens security infrastructure, making it more difficult for crossings to be attempted, and supports migrants into the French asylum system, giving them a safe and legal alternative to the dangerous and unnecessary crossings.

A noble Lord asked me about French interceptions. In 2020, the figure was 6,079, and this year it has been nearly 21,000. That is a lot of interceptions. We need to recognise the difficulties that the French face here. They are active in their efforts to prevent these crossings, but they are increasingly being met by violence from people smugglers and migrants, emphasising that not all those who are making these crossings are vulnerable victims. As French preventive efforts bite, we have seen the people smugglers operate from ever-greater stretches of coastline, using bigger boats, carrying more migrants and taking greater risks. The French activity is undoubtedly having an effect, but this is a lucrative criminal industry and the opponents are resourceful, industrious and determined. That is why we are redoubling our efforts to provide support.

An asylum system should provide a safe haven to those fleeing persecution, oppression or tyranny. We want to be fair to those who are genuinely in need of international protection and firm against those who are not. I have talked about our proud record, but, as the title of this debate suggests, we now need to stop the dangerous, illegal and unnecessary small boat crossings of the channel, control our borders and return those with no right to be in our country.

In terms of financial support for councils which take migrants, local councils and health partners who resettle families will receive up to £4,500 per child for education, £850 to cover English language provision for adults requiring this support, and £2,600 to cover healthcare.

Sorry, this is slightly out of sync, but 273 asylum-related returns were concluded in the year ending June 2021, which, considering Covid, shows that we are making returns. The measures in the Nationality and Borders Bill will assist with this.

The noble Baroness, Lady Hoey, asked about preventing terrorists using this route to get to the UK. In fact, a noble Lord in this House suggested that we should allow the blanket no-checks arrival of people from Afghanistan, and I made it very clear then that that was not a good idea. Security is the number one reason for border control. All our processes and procedures are predicated on the need to safeguard the UK from those who pose a security threat, and that is why we need to ensure that everyone seeking to enter the UK by any means is checked thoroughly against security databases upon arrival. People arriving by small boats are subject to stringent checks immediately upon arrival in the UK, and again as they are processed into the asylum system.

The Government’s commitment to reforming our immigration and asylum system is being delivered, as I said, through our new plan for immigration and its centrepiece, the Nationality and Borders Bill. The plan has three objectives: increasing the fairness and efficiency of our system so that we can better protect and support those in genuine need of asylum; deterring illegal entry into the UK; and removing more easily from the UK those with no right to be here. Despite other disagreements in this House, I do not think that there is disagreement on that point: that people who should not be here should be returned. Our long-term plan will prioritise bringing over the most vulnerable, deterring illegal migration and creating an effective sanction where there are no relevant mitigating circumstances. We will remove those with no right to be here.

Finally, I thank the noble Baroness, Lady Hoey, once more for securing this debate.

[Viscount Waverley (CB)]

I apologise for breaking the Minister’s stride and I know that it has been a long day for her. Is she minded to address the point made by the noble Lord, Lord Paddick, which is particularly relevant, given the upcoming immigration Bill? Have the Government finally addressed the recording of people leaving the country, or are they still addressing only those entering the country? Do we know who and how many are leaving?

[Baroness Williams of Trafford (Con)]

My Lords, I apologise to the noble Lord, Lord Paddick, for not answering that point. I was trying to get through everything. As I understand it, we are developing technology to ensure that we identify not only people coming in but those leaving. We also have exit checks. I will end there, and I thank the noble Baroness, Lady Hoey.

[Baroness Williams of Trafford (Con)]

I take the noble and right reverend Lord’s point but the point that my noble friend was making is that, in the main, you can afford to get here only if you can afford to pay the people smugglers. That was not any slight on those who can pay but the fact is that you can get here only if you can afford to pay. There is a secondary point to that. If you cannot afford to pay, the people smuggler might say, “Don’t worry, you can work for me when you get to the UK.” You could then find yourself being enslaved.

[Viscount Waverley (CB)]

I apologise. There is also a means by which people pay over a long period—say, three years. They are not paying a bulk amount of money for entry. They pay over three, four or five years and the extortionists receive the money from the family or elsewhere from the country of origin.

Iraqi Interpreters

Viscount Waverley Excerpts

Thursday 14th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The ARAP scheme and the locally employed staff assistance scheme in Iraq were set up for precisely that purpose.

[Viscount Waverley (CB)]

My Lords, the situation goes beyond just the military theatres. We have a debt of gratitude to locally employed specialists, particularly when services beyond the call of duty are called on in extreme and hostile environments. Would the Minister concede that the UK has too many instances of regrettable form, whereby we benefit but then, too often, hang them out to dry? What assessment has been made of the impact of perception and engagement on recruitment? Should official status be upped, whereby the protection of the state is afforded from the outset, commensurate with people’s services to the UK? This would be a drop in the oceanic moral obligation.

[Baroness Williams of Trafford (Con)]

My Lords, I have just given the figures for both ARAP and the LESAS in Iraq. I do not think it could be said that we hang out to dry those people who help this country; I think we are very generous. It is true that in the theatre of war and the aftermath things often do not go as smoothly as they could, but we have done all we can and more.

EU Settlement Scheme

Viscount Waverley Excerpts

Thursday 1st July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I think what the noble Baroness asks is: beyond the deadline, what support will be available? The Settlement Resolution Centre will certainly be open after the deadline, and the grant-funded organisations will be funded into June. On her point about our intention up to September, we will scope out what the needs will be beyond September, because we do not want a hard stop preventing anyone who can apply to the scheme from doing so.

[Viscount Waverley (CB)]

My Lords, Portuguese is a difficult language to get one’s head around at the best of times, and vice versa with English, which leads to my question. Many in the East Timorese community resident in the UK apparently have no idea of the necessity to register post Brexit. Is the Minister concerned about that? If so, what has been or can be done, and do the Government suspect that other communities with English-language issues are similarly placed?

[Baroness Williams of Trafford (Con)]

The East Timor issue has been drawn to my attention, and we will continue to encourage those who are eligible to apply as soon as possible. The noble Viscount will, I hope, know that we have granted £22 million-worth of funding until September of this year, and, as I just said to the noble Baroness, we will be scoping whether that support needs to continue. We have an organisation in Oxfordshire working specifically with the East Timor community.

Immigration: Skilled Migrants from Commonwealth Countries

Viscount Waverley Excerpts

Monday 19th April 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, as I explained to the noble Lord, Lord Woolley, the fact that these are people of colour probably reflects the countries the applications came from. There were some fairly appalling practices with these applications, as I have outlined—and where ILR had been granted, we saw cases of applicants subsequently amending their tax records back down again not to have to pay additional tax. I totally get my noble friend’s point, but we need to see these cases in perspective.

[Viscount Waverley (CB)]

My Lords, I believe that the noble Baroness’s response is in order. However, circumstances exist that border on the inhumane and run counter to the spirit of the Commonwealth, and indeed elsewhere. If the Government can be considerate to Hong Kongers, would they consider a one-time amnesty to all those thus impacted, through no fault of their own, thereby doing the right thing in the right way?

[Baroness Williams of Trafford (Con)]

Absolutely—we have humanitarian routes, which are used. The noble Lord talked about BNOs, and he is absolutely right: the people of Hong Kong are coming here legally—we have granted them leave to remain under the BNO route. Far from being inhumane, this country has a proud record of giving refuge to people who need it.

Health Measures at UK Borders

Viscount Waverley Excerpts

Thursday 4th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, guidance is always issued when the rules change, and it is absolutely right that it would be issued in this case. The noble Lord is absolutely right: the rule is to stay at home unless there is a legitimate reason to leave. Of course, some people do have legitimate reasons to leave and I know that he is one of them.

NHS tests cannot be used for predeparture travel purposes, and it is not because of the type of test—for example, the lateral flow test. It applies to any NHS test, and that is because we believe that the NHS testing capacity should be used for health purposes and not for the purposes of travel. However, I take his point about the necessity of him having to travel. Protecting public health remains our top priority and we need to reduce the risk of importing Covid. All business is important, but we acknowledge that a high proportion of work can be done online—not his, I know—and people should limit travel where possible to essential journeys. I am afraid that exemptions from the self-isolation passenger information and predeparture testing requirements will not apply to business travel. A limited number of jobs qualify for exemption, which are vital to maintaining the flow of critical goods, protecting essential services, protecting national security or facilitating government work.

[Viscount Waverley (CB)]

My Lords, would the Minister give her insight into the extraordinary delays at border control at Heathrow, where a three-hour wait was recently recorded in inappropriate lines? I do not wish to pour cold water on the Government’s strategy under what are extremely difficult circumstances. I should at this stage remind the House that I am resident in Portugal. Why are the Government focusing on quarantine hotels as a solution when the technology, testing and vaccine capability is readily available to deploy digital travel passes, and in the process create safe travel routes, open up airports, and reboot the airline sector? Can any indication be offered as to how long the hotel quarantines will go on for? I am informed that the ICC AOKpass scheme is successfully operating between Rome and New York. That organisation stands ready to work with the Government to test the process on an international route, and I am sure that it would welcome hearing what contribution it could make to help the Government in this area.

[Baroness Williams of Trafford (Con)]

I thank the noble Lord for his suggestion. Of course, the Government are open to any suggestions that might make the process more efficient. In response to his question about how long this will go on for, we are completely guided by the numbers. Obviously there have been very pleasing developments recently—the numbers are going down. The noble Lord is absolutely right that technological advances are always very useful in this regard. As to the three-hour wait, even though air travel is 90% down, I suspect that the reason for the wait to which the noble Lord referred was because of the step-up in checks and procedures at the border.

Visas: Visitors from Peru

Viscount Waverley Excerpts

Monday 16th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My noble friend obviously thinks I am far more influential than I am, but I know that bilateral relationships are very good with the countries that she mentioned. Those are certainly the sorts of countries with which we would like to see further trade relationships continue and expand.

[Viscount Waverley (CB) [V]]

[Inaudible.]

UK Terrorism Threat Level

Viscount Waverley Excerpts

Tuesday 10th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I hope that I outlined clearly the police’s ability to request police grants. The purpose of the grants is not particularly prescriptive, but they can be sought for unexpected pressures. In a crisis, it has not been unusual for the police to request additional grants. I have talked about redeployment, so I will not talk about it again. The noble Lord knows about that.

This is in the context of the recognition that it is not just the demand on the police that has changed over the past few years in relation to the number of additional police officers; the type of threat that we face now is entirely different from the type of threat that we faced, say, 20 years ago. Now, we see cyber threats and other types of threat.

[Viscount Waverley (CB) [V]]

My Lords, I recognise the complexities of doing so, but as part of the process of keeping our country safe, can I request in no uncertain terms that the Government consider all acts and forms of ill expression—covering, but not limited to, religion, ethnicity and gender—which are alien and reprehensible to our values and must never overstep the mark? Will they also review all appropriate laws to ensure that they match the concerns, and challenge the oft-used façade of freedom of speech beyond the Minister’s reference to—I quote—threat to an individual so that the single word “respect” remains synonymous with what we stand for as a united nation?

[Baroness Williams of Trafford (Con)]

The noble Lord makes an interesting point about the balance between freedom of speech and individuals’ responsibility not to threaten others with what they say. People are perfectly at liberty to insult, even offend, but there is a fine line where freedom of speech ends.

Asylum: British Overseas Territories and Ferries

Viscount Waverley Excerpts

Monday 5th October 2020 Lords Chamber

[Viscount Waverley (CB) [V]]

My Lords, will reviewing the asylum appeals process also be considered? Also, on a question of practicality, will the Government consider by what routes failed asylum seekers could be repatriated if they have come from a third location, the cost of doing so, with the costs of valuation teams and healthcare provisions properly factored in? Does this not all make the case to utilise cruise ships in the Thames estuary a sensible provision for the Government to consider?

[Baroness Williams of Trafford (Con)]

My Lords, I am sure that many options will be considered. However, the noble Viscount is absolutely right that asylum appeals are protracted, cost a fortune and leave the people claiming asylum, and their appeals, in limbo.

Emergency Services Network

Viscount Waverley Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, as I said initially, there is every plan in place to ensure minimal disruption. In terms of the Huawei equipment in the EE part of the ESN—the dedicated core network—EE is already working to remove it by 2023, well in advance of the 2027 deadline that DCMS set out.

[Viscount Waverley (CB) [V]]

My Lords, this matter can be added to an increasingly long list in a generally deteriorating set of relations with China. How much is the Huawei issue about political manoeuvring over security, when GCHQ has cleared that organisation for the supply of hardware year on year for the past 10 or so years? Have the Government altered their approach to Huawei to ensure being at one with the US, or is any effective high-level diplomacy being conducted, beyond megaphone diplomacy, to put the relationship with China on track? Do insurmountable red lines exist? If so, what are they?

[Baroness Williams of Trafford (Con)]

I will respond to the areas raised by the noble Viscount that pertain to the Home Office and are linked to DCMS. Clearly, in January, the government restrictions on the use of Huawei equipment introduced the restrictions in 5G and FTTP networks. We expect the decision to be brought into law by the forthcoming telecoms security Bill.

Hong Kong British National (Overseas) Visa

Viscount Waverley Excerpts

Wednesday 29th July 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I am dying to know what the other passengers on the noble Lord’s train are thinking. As the noble Lord will know, we consult and engage with the devolved Administrations through every part of our considerations on issues such as this.

[Viscount Waverley (CB) [V]]

My Lords, is the Minister aware that Article 3 of the nationality law states that China does not recognise dual nationality, a situation not dissimilar to that of Iran? This seems potentially to conflict with Article 9, whereby Chinese nationals who obtain naturalisation in a foreign country will automatically lose their Chinese citizenship. Is this the case and, if so, what will HMG do to safeguard the interests of those concerned? Is it anticipated that the Chinese will introduce measures to counter the benefits being offered by the UK?

[Baroness Williams of Trafford]

The noble Lord is right: there are countries that do not recognise dual nationality. The individuals concerned will have choices to make. We are quite clear that we will continue to honour the commitment we made to people who have BNO status.