Spousal Visas: Processing Times
Debate between Viscount Waverley and Baroness Williams of Trafford(2 years, 5 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(2 years, 5 months ago)
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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.
Migrants
Debate between Viscount Waverley and Baroness Williams of Trafford(2 years, 12 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(3 years, 1 month ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(3 years, 4 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(3 years, 7 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(3 years, 9 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years ago)
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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.
UK Terrorism Threat Level
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 1 month ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 2 months ago)
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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
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 3 months ago)
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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.
Windrush Compensation Scheme
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 5 months ago)
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Baroness Williams of Trafford
My noble friend is absolutely right to highlight the other issues. This is not just about money; it is about a whole-of-government approach to looking at the wider inequalities faced in society. That is precisely what the cross-government working group will seek to do. Not only will it provide strategic input into the Home Office’s response to Wendy Williams’s Windrush Lessons Learned Review, but it will support the design and delivery of a range of practical solutions to address the wider challenges that disproportionately affect people from black and minority ethnic backgrounds. As I said earlier, they will include programmes on education, work and health and, as my noble friend said, the mental health issues that may have arisen out of some of the difficulties that people faced.
Viscount Waverley (CB) [V]
History might include European history, Minister, but congratulations on the Statement. As “time to change” rightly becomes the mantra, what actions are under review when referring to “only the start”? We should not negate our past and the decisions of yesteryear, but we must learn from this sorry experience so that the UK is deemed respectful, tolerant and, importantly, inclusive as a nation, particularly when we consider our ongoing relationship with a broad breadth of alliances across the Commonwealth and beyond.
Public Order
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 5 months ago)
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Baroness Williams of Trafford
My noble friend is absolutely right: it is perverse that those most critical of the easing of the lockdown should then put themselves in a position in which not only they, but those from BME communities, are at risk.
Viscount Waverley (CB) [V]
The Prime Minister and Home Secretary must follow through. Having recognised that issues of endemic racism exist, they should be firmly addressed. Why not establish a progress barometer or national ratings scheme for public bodies, eventually extending to the private sector? Moving on, does the Minister concur that the UK leads the world in its humane manner of policing, and exports its training internationally? Could we not offer such to one of our closest allies, or have we done so already?
Baroness Williams of Trafford
To answer the second question from the noble Viscount first, it always strikes me, when I look at the police system we have in this country and at some of the methods that police have across the world, that we are lucky to have the police forces that we do. They run into danger, rather than away from it. They keep us safe and police by consent. We are incredibly lucky as a nation to have them. By a rating system, public and private, I assume he means a system of diversity. We already have that in place across government and we talk about it regularly, particularly when we celebrate International Women’s Day, when we also talk about other types of equality. The Government cannot criticise if they are not doing their job themselves, and there is improvement in diversity across all areas of government.
Covid-19: UK Border Health Measures
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 5 months ago)
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Baroness Williams of Trafford
These are cross-government decisions where Ministers engage with each other. I understand the huge strength of feeling in rugby, football and the many other sports which people would love to have back and engage with. As I have said previously, the Government will regularly review its decisions and the rules that are in place every three weeks. We are committed to getting this country up and free and running—or playing rugby—as soon as we possibly can.
Viscount Waverley (CB)
My Lords, I fully understand that this is a difficult judgment call, but I fear that it might isolate the United Kingdom. What issues have shaped how the Government have prioritised decision-making, given that protecting lives is fundamental? Safeguarding British industry that needs to de-risk its supply chain construction is essential, as is contributing to the economies of emerging markets on which the UK relies for supply and demand.
Baroness Williams of Trafford
I totally concur with the points that the noble Viscount makes. Central to the Government’s strategy all along has been reducing the R rate, saving lives, protecting the NHS and, ultimately, getting rid of this virus.
Child Refugees: Turkey and Greece
Debate between Viscount Waverley and Baroness Williams of Trafford(4 years, 8 months ago)
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Baroness Williams of Trafford
My Lords, I am just not going to accept the statement that there are places available in local authorities but they are refusing to take children. We constantly engage with local authorities and currently, they are housing some 5,000 unaccompanied children. If they will take any more, we will be most grateful.
Viscount Waverley (CB)
My Lords, will the Government pass on a firm message to the Greek authorities that they should adopt acceptable humanitarian standards and refrain from the use of live ammunition and gas at the border?
Baroness Williams of Trafford
I agree with the noble Viscount that some of the footage we have seen is really quite disturbing. On the other hand, Greece is a democracy and we respect its rule of law. However, I totally take the point he is making.
European Union (Withdrawal Agreement) Bill
Debate between Viscount Waverley and Baroness Williams of TraffordMonday 20th January 2020
(4 years, 10 months ago)
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Viscount Waverley
My Lords, while the noble Baroness is still sitting down, would it be possible, or is it anticipated, for government agencies in the EU 27 countries concerned to have access to our official databases so that they can look up and access data to confirm all these relevant issues, whether for borders or for whatever reason?
Baroness Williams of Trafford
The point I was trying to make was that any agency that has access to information about proof of digital status has access only to the information for the purpose it is required to prove, such as right to work or right to rent. Data is given only for the purpose for which it is required.
The noble Lord, Lord Oates, talked about deportation and criminality for those failing to apply by the deadline. I explained in Committee that EU citizens who failed to apply to the scheme by the deadline will not be acting unlawfully in the same way as illegal entrants or overstayers and will not be subject to automatic deportation—they will not have knowingly entered the UK in breach of the Immigration Acts or overstayed their leave. Once free movement has ended, they will need leave to remain in the UK. That is why we set up the EU settlement scheme. As the noble Lord, Lord Kerslake, and my noble friend Lady Altmann said, we have been clear that we will take a pragmatic approach. In line with the agreements, those with reasonable grounds for missing the deadline will be given further opportunities to apply.
On the reliability of IT systems, I say to the noble Lord, Lord Cromwell, and my noble friend Lady Altmann that immigration decisions have been securely recorded and stored digitally since the turn of the century, so this is nothing new. I ask the noble Lord not to press his amendment.
EU Settlement Scheme
Debate between Viscount Waverley and Baroness Williams of Trafford(5 years, 1 month ago)
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Baroness Williams of Trafford
I have heard this concern time and again. I can understand how some people might feel that a physical document was somehow more secure and better proof of status. However, in actual fact everyone gets a letter or an email, and the digital status—or token, if you like—is actually a far more secure way of proving status. I acknowledge the concerns that arise when people do not have a physical document in front of them, but they do receive a letter.
Viscount Waverley (CB)
My Lords, I declare that I have been registered as a resident in Portugal for the past 30 years. The question of reciprocity potentially becomes centre stage given that no deal is still on the table. Can the Government give an absolute surety that the UK will not jeopardise the rights and privileges of UK citizens on the continent with that still a possibility?
Baroness Williams of Trafford
The noble Viscount will of course be aware that as the United Kingdom, we have done our duty by EU citizens in the UK. We have done that unilaterally. We hope that the EU would do the same; therefore, we are reliant on that good will on both sides. But I am satisfied that we now have over 2 million applications out of a cohort that I estimate to be about 3 million.
Illegal Seaborne Migration
Debate between Viscount Waverley and Baroness Williams of Trafford(5 years, 5 months ago)
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Baroness Williams of Trafford
As I said earlier, the vast majority of the individuals who have attempted to cross the Channel have declared themselves as Iranian. Some who have gone on to claim asylum have declared their conversion to Christianity. Therefore, I assume that they would have been Muslims converting to Christianity, but I cannot say for definite. However, a number of asylum claims have been based on conversion to Christianity.
Viscount Waverley (CB)
My Lords, the Minister has identified Iranians crossing the Channel as refugees. The situation for Iranian citizens is dire, which is due in greater part to sanctions targeting Iran. Are sanctions imposed to achieve policy change? If so, is destituting Iranians helping to achieve this, rather than impacting the leadership?
Baroness Williams of Trafford
The noble Viscount is straying into territory that is perhaps not in my purview; however, I am not seeking to evade the question other than to say that I recognise the point he makes and it is clear that a lot of arrivals in the country at the moment are Iranians.
Immigration (European Economic Area Nationals) (EU Exit) Order 2019
Debate between Viscount Waverley and Baroness Williams of Trafford(5 years, 8 months ago)
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Baroness Williams of Trafford
Ah. Do noble Lords mind if we do this one first?
Viscount Waverley (CB)
I think that every Member who has taken an interest in this has been in the Chamber, so the Minister can probably be allowed to continue. That is my view, but other Members may think differently.
Baroness Williams of Trafford
I have just taken advice and apparently I cannot do that. Please ignore everything I have just said.
On a day when you have three statutory instruments, an Urgent Question, a Question and a speech to deliver to the LGBT conference, this is what happens. I apologise to noble Lords that I have got the right speeches but in the wrong order. I will sit down for a minute to make sure that I have got the right instrument.
Windrush Scheme
Debate between Viscount Waverley and Baroness Williams of Trafford(5 years, 9 months ago)
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Baroness Williams of Trafford
Certainly, there has to be a co-ordinated approach to this whole Windrush issue, as the noble Baroness said, and quality assurance is absolutely paramount given what some of these people have suffered, some for many years. So she is absolutely right. The DWP is certainly one of the referral routes for the Windrush generation because some of them may have lost or not been able to receive benefits to which they are entitled. I totally take her point. Yes, my right honourable friend did say when he became Home Secretary that a humane approach was definitely the new culture within the Home Office.
Viscount Waverley (CB)
My Lords, I have learned about midnight flights for deportees to the Caribbean. I do not wish to interfere in any way with judicial processes, or even to suggest that, but would it not be a gesture of post-Brexit good will to declare what some countries have done: a carefully constructed amnesty leading into our next-stage immigration policy?
Baroness Williams of Trafford
The noble Viscount should be clear about what and whom he means when he talks about midnight flights. I do not know that they take place at midnight, but the people who are set to be deported to the Caribbean are rapists, murderers and people involved in drugs and firearms. Does the noble Viscount really mean an amnesty for serious criminality?
Viscount Waverley
No, I was talking about a more general point that possibly, going into a post-Brexit situation, the Home Office might wish to consider amnesty for certain types of individuals. It may find that helpful. That is all.
Russia: Threats to Individuals in the UK
Debate between Viscount Waverley and Baroness Williams of Trafford(6 years, 8 months ago)
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Baroness Williams of Trafford
I repeat that anybody who carries out an attack on a citizen of this country in such a way will be dealt with severely.
Viscount Waverley (CB)
My Lords, does the Minister agree that there might be merit in having a relationship with Moscow rather than the current sub-zero arrangements, whereby no agencies have any communication that constitutes a relationship?
Baroness Williams of Trafford
Again, I cannot speak for the Foreign Office on what relations are currently like, but I can certainly take the noble Lord’s point away.
Online Hate Speech
Debate between Viscount Waverley and Baroness Williams of Trafford(6 years, 11 months ago)
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Baroness Williams of Trafford
My Lords, it is absolutely correct that Daesh has nothing to do with Islam. Daesh seeks to promote its ideology as a form of Islam, but actually it is nothing to do with Islam, which is a peaceful religion.
Viscount Waverley (CB)
My Lords, has not the time now come when we should welcome an imam to our House?
Hamas
Debate between Viscount Waverley and Baroness Williams of Trafford(7 years ago)
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Baroness Williams of Trafford
My Lords, as I said earlier, we will not provide a running commentary on any proscribed organisations. I have already laid out some of what we expect from Hamas.
Viscount Waverley (CB)
My Lords, what is the mechanism by which a proscribed organisation becomes delisted? Does it require a court process to achieve that?
Baroness Williams of Trafford
My Lords, it does not require a court process but an application to the Home Secretary.
Brexit: Acquired Rights (EUC Report)
Debate between Viscount Waverley and Baroness Williams of Trafford(7 years, 4 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank the noble Baroness, Lady Kennedy, for bringing this debate to the House this evening. A number of noble Lords have asked why we have not yet responded to the report. I understand the importance of engaging with Parliament and the courtesy of responding to reports, and this is no exception. I undertake that we will, of course, respond to it in due course, but I hope that tonight’s debate goes some way to give a flavour of the Government’s thoughts. It is obviously a very important topic, particularly at this time. As the noble Baroness said, this is about people’s lives and we cannot forget that. The Government have listened carefully to the recommendations made in the report and the concerns raised in it, in this House and across the country, on the rights of those citizens who make such an important contribution to the UK and to the member states in which they choose to live. As noble Lords have alluded to, last week we published our offer for EU citizens in the UK and our expectations for UK citizens elsewhere, which responds to those concerns and recommendations. I am grateful for the opportunity to discuss these in greater detail with noble Lords this evening. If I run out of time or do not answer every question, I shall of course respond in writing.
We have been clear that we want to give EU citizens in the UK certainty about their future. This report noted our obligation to provide certainty and clarity to EU citizens in the UK and British nationals living elsewhere in the EU, and we have done so. Indeed, I remind noble Lords that last year the Prime Minister sought to agree on this very issue with the EU, but was told at the time that there could be no negotiation without notification.
We committed to this House that we would undertake comprehensive work to examine each of the rights afforded to EU citizens under EU law and examine the different circumstances in which people find themselves to ensure that there are no unforeseen or unintended consequences as we move forward with the process of exiting the EU. Providing certainty on what could be achieved for those individuals also requires consideration of the other member states’ position. The EU set out its position on citizens’ rights on 9 June 2017 and we responded promptly and appropriately, with the Prime Minister publishing ours soon after. It is now clear that there is much common ground between the UK and the EU positions and we are confident that we can reach an agreement on this issue early in negotiations. Our starting point is that it is the Government’s intent to reassure all those EU citizens who are in the UK and who have made their lives and homes in the UK that no one currently lawfully resident will have to leave as a result of our exit from the EU. What is more, we are clear that we will not see families enjoying their lives here together split apart.
The committee’s report rightly notes that the rights to live and work in another member state and to gain a permanent right of residence in that state after five years are the most fundamental of EU citizens’ rights. As the report accurately describes, these are the rights that are necessary for EU citizens and their families,
“to conduct their lives in an EU Member State of their choosing on equal terms with the nationals of that State”.
We share the committee’s assessment that international law does not provide for these rights to be retained automatically. After we leave the EU, the UK will no longer be subject to EU law. Free movement rights will come to an end and therefore cannot be carried forward as an EU legal right into the post-exit UK legal regime. However, this Government are clear that it is right and proper that the substance of those rights noted by the report should be protected, and that EU citizens who have built their lives here and who came to the UK on the basis that they would be able to settle permanently should have that expectation honoured. This Government are committed to honouring that expectation.
As noble Lords have also noted, it is not just these people’s ability to live in the UK that we are committed to protect; we also want to ensure that EU citizens continue not only to be able to live here as they do now but to enjoy other important rights such as access to healthcare, education, benefits and pensions. That is why, on 26 June this year, we laid before Parliament a policy paper proposing that all EU citizens lawfully here when the UK exits the EU will have the opportunity to regularise their status to remain in this country, and all EU citizens here before a specified date will have the opportunity to acquire settled status after five years’ residence. This will enable EU citizens to reside in any capacity, as a worker, a student, a stay-at-home parent and so on, and undertake any lawful activity. We also intend to treat EU citizens with settled status in the same way as if they were UK citizens for the purposes of education, benefits and pensions. We have listened to the concerns of EU citizens who have made the UK their home and the concerns raised in this report. Those concerns are reflected in our offer and we believe that it is a fair and serious offer.
Noble Lords have also talked about the application process. We are determined that EU nationals who have built their lives here should continue to be able to live their lives here as they do now, and we have proposed a fair process to ensure that these rights are enforced. To this end, we will be providing eligible EU citizens with documentation enabling them to enforce their rights and prove their continuing right to live, work and access public funds and services in the UK after we leave the EU.
The noble Baroness, Lady Ludford, asked about the documentation and whether it amounts effectively to an ID card. I echo the comments of the Secretary of State for the Department for Exiting the EU, who said that,
“it is not an ID card. We are talking about documentation to prove that people have the right to a job and the right to residence, but they will not have to carry that around all the time. It is not an ID card”.—[Official Report, Commons, 26/6/17; col. 373.]
We have listened to concerns about the application process by which the resident population of EU citizens will be able to acquire settled status, which the noble Baroness, Lady Kennedy, asked about. This is why we have been clear that we will improve upon the existing application system, and why we have committed to ensuring the process is as simplified, streamlined and user-friendly as possible. For example, unlike EU law, which requires economically inactive EU citizens such as stay-at-home parents to hold comprehensive sickness insurance to acquire the right of permanent residence, we have proposed that no one will be required to demonstrate that they have held comprehensive sickness insurance to be eligible for settled status.
We want to reassure EU citizens that they will be able to acquire the necessary documentation confirming their status quickly and easily. We are working hard on this new system and expect it to be up and running in 2018. The noble Baroness, Lady Smith of Newnham, asked for the details of this system, and of course we will provide further details in due course. What is more, we have committed to providing a grace period, which we expect to last up to two years after we leave the EU, to give EU citizens the time and opportunity to regularise their status.
The noble Baroness, Lady Smith of Newnham, asked about Ireland, Cyprus and Malta. On Ireland, we have both been clear about the shared desire to protect the freedoms our nationals currently enjoy in each other’s states. Irish citizens residing in the UK will not need to apply for settled status to protect their entitlements. I hope I can write to the noble Baroness on Malta and Cyprus.
The noble Baroness, Lady Ludford, asked what “strong ties” means when we are offering protections to those who have left the UK for more than two years. Settled status would generally be lost if a person was absent from the UK, unless they have strong ties here. This approach replicates the approach to returning residents with indefinite leave to remain under the Immigration Rules.
The noble Baroness, Lady Smith of Newham, also asked about the costs of the application process. The fees are being looked at as part of negotiations, but the aim is to keep them as reasonable as possible.
Family members were talked about, particularly by the noble Baroness, Lady Kennedy. We have listened when EU citizens told us their concerns that their families would be divided once the UK leaves the EU. My first point is that all EU citizens, be they children, students, husbands or partners, who arrive before the cut-off date, will be able to apply for settled status in their own right. However, I recognise that many EU citizens have family members who are not EU citizens, as the noble Viscount, Lord Waverley said. That is why we have proposed that family dependants who join a qualifying EU citizen in the UK before the UK’s exit will also be able to apply for settled status after five years, irrespective of the specified date. The Government are clear that we do not want to see families who have made their lives here together while we are still a member of the EU split apart.
Viscount Waverley
I apologise to the Minister. Maybe I misheard it, but I would just like a clarification. Supposing a non-EU spouse was married to a UK citizen but living on the continent, how will the five-year system that she has suggested work?
Baroness Williams of Trafford
I am sure that the noble Viscount knows the system now. If a dependant who joined a qualifying EU citizen in the UK before the UK’s—sorry—
Baroness Williams of Trafford
I think I know the answer, but I do not want to be quoted as giving your Lordships’ House—
Police National Database: Facial Images
Debate between Viscount Waverley and Baroness Williams of Trafford(7 years, 8 months ago)
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Viscount Waverley (CB)
Can the Minister say whether, beyond the UK data protection and legislative issues, the Americans, through their Patriot Act, have any form of access to the police national database?
Baroness Williams of Trafford
Generally, the presumption is that anyone concerned with crime, and fighting crime, will have access to the PND. As to which countries will have that access, clearly there are international arrangements for the sharing of data, and I am sure that that includes America.
Brexit: Customs and Border Staff
Debate between Viscount Waverley and Baroness Williams of Trafford(7 years, 9 months ago)
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Baroness Williams of Trafford
Asking rational questions is perfectly legitimate; noble Lords tend to ask rational questions, and that is totally legitimate. There is a wide range of views in both your Lordships’ House and the other place but I think we all accept the outcome of the referendum.
Viscount Waverley (CB)
My Lords, is the Minister aware that a UK border official at Charles de Gaulle airport once told me that when a passport on occasion appears in front of them that is illegal, they give it back to the French authorities and that passport often reappears, carried by somebody else, in order to try to get access to the UK?
Baroness Williams of Trafford
The noble Viscount tells me something that I did not know, but the e-gates are actually very accurate at marrying up the person with the identity in the passport.
European Union: Freedom of Movement
Debate between Viscount Waverley and Baroness Williams of Trafford(7 years, 10 months ago)
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Baroness Williams of Trafford
I am not entirely sure, but all those distinctions and discussions that will be taking place will be solidified in the fullness of time as we go through this process.
Viscount Waverley (CB)
Will the 180-day tax residency rule be applied, with all those working in nation states paying their taxes in the countries in which they are resident?