Windrush Lessons Learned Review: Implementation of Recommendations

Alistair Carmichael Excerpts

Tuesday 10th January 2023 Commons Chamber

[Miss Dines]

This Government can be trusted. Again, I remind the House that the Government do not comment on leaks. That is simply not acceptable. On an issue as important as this concerning the rights of our citizens, it is simply not good enough to accept what is written in The Guardian without judging on the facts.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am sure that we are all pleased to hear from the Minister that the Government remain committed to implementing all the Williams recommendations. Presumably, therefore, the Home Office has a plan for the implementation. Can the Minister tell the House what the target date for completion of that plan is?

[Miss Dines]

The whole point of this work is that there is not a target finish date. That would be against the principles of continual improvement and continual financial assistance for successful applicants. It would be wholly wrong to say that we are stopping it; we are not. We are continuing and there is no target end date. We continue to work at pace.

Seasonal Worker Visas: Sponsorship Certificates

Alistair Carmichael Excerpts

Thursday 8th December 2022 Commons Chamber

[Robert Jenrick]

The events of the past few years have taught us all the importance of resilience in many different respects, including food security. That is a factor that we at the Home Office take into consideration, as I know does the Department for Environment, Food and Rural Affairs, as we enter into regular discussions. I will be making an announcement with the Secretary of State for Environment, Food and Rural Affairs very soon, so that we can give as much confidence and certainty as possible to the industry.

However, to return to the remarks that I have made on a number of occasions, this year’s quota of 40,000 does not appear to be wildly out of sync with the industry’s needs, as it appears that we will end the year with about 40,000 certificates having been applied for. Given that the scheme is either at that level or even undersubscribed, it is difficult to make the case for a very significant increase in the number of places for next year. However, I will not prejudice the decision that we will come to, and we are sympathetic to the clear labour shortages and issues that some parts of the industry are experiencing.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I congratulate the right hon. Member for Camborne and Redruth (George Eustice) on securing this important urgent question. The seasonal worker visa scheme is simply one symptom of a broader disease, which is that we do not have an immigration system that is designed to produce the workforce that different sectors need. Let me bring to the Minister’s attention another area that has been a problem for years: the need for crew for fishing boats. We finally have a visa scheme, but we are still not getting the crew because of the level of the written English language test that they are required to pass. Even when Ministers introduce schemes, the implementation by officials still thwarts the industry’s needs and the policy of Ministers.

[Robert Jenrick]

I am very alive to those issues. I will shortly meet a delegation from the fishing industry that has been organised at the request of other Members. If the right hon. Gentleman would like to join that, I would be more than happy to extend the invitation.

National Security Bill

Alistair Carmichael Excerpts

Report stage
Wednesday 16th November 2022 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I welcome the Minister to his post. He is very much a round peg in a round hole—despite my historic critique of the Home Office, that is meant as a compliment. I thank him for seeing me and my colleague, the hon. Member for Barnsley Central (Dan Jarvis), on the amendment the other day. He will be unsurprised that he did not persuade me, but I thank him for the time in any event. In view of the short time, I will focus mostly on amendment 14, which I hope we will press to a vote. It is in my name and that of the hon. and gallant Member for Bromley—not Bromley, but Barnsley Central; not quite Bromley. That amendment strikes out clause 27.

A decade and a half ago, the British public were shocked to hear stories of British complicity in American and other countries’ acts of kidnap, rendition, torture and assassination, typically but not always by drone strikes, with the collateral damage that that entailed. Collateral damage in this context is a euphemism for the deaths of innocent women and children who happen to be standing near the original target. I use this stark language to make plain the potential consequences of what might seem like bland legalistic language in the Bill.

The legal basis of those actions—I almost said atrocities, but of those actions—was the Intelligence Services Act 1994, when we first recognised the operation of the Secret Intelligence Service. Most notably, it inserted the melodramatically named “007 clause”—section 7—which empowered Ministers to authorise criminal behaviour overseas. I was one of the Ministers who took that Bill through the House. We Ministers were briefed very firmly that, in practice, that section would authorise bugging, burglary and blackmail—the normal behaviour of intelligence agencies seeking to penetrate enemy states and organisations—not kidnap, not torture and most certainly not a licence to kill.

We the Ministers on that Bill gave our word to the House that that was what it was for, but a decade later section 7 was used to authorise the enabling of rendition, torture and quite possibly assassination as well. We know the names of several victims of UK complicity: Binyam Mohamed, Abdel Hakim Belhaj, Fatima Boudchar, his wife, and Rangzieb Ahmed, to name just a few.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is worth reflecting and placing back on the record that we know the names of Belhaj and Boudchar only because somebody happened to find the papers unattended after the fall of Gaddafi. That was the only way that the truth about their cases came into the public domain.

[Mr Davis]

The right hon. Gentleman is right, and it is also true that we found out about Binyam Mohamed only because of extended legal cases in the courts, which were resisted by the agencies at every turn. We know about Rangzieb Ahmed only because I got access to the in-camera papers. So this is a general problem and I will come back to that. A most recent example is Jagtar Singh Johal, who alleges that he was tortured by Indian authorities and was detained, we believe, as a result of British intelligence. Again, we know about that only because we could spot the case inside one of the commissioner’s reports. Accordingly, exactly because of that, this is literally the tip of the iceberg.

The Intelligence and Security Committee report on detainee mistreatment found 232 cases where UK personnel

“continued to supply questions or intelligence”

to other intelligence services, after they

“knew or suspected that the detainee had been or was being mistreated.”

As I said, I have seen in-camera evidence that showed quite how deliberate some of those decisions were—absolutely in the knowledge that they would be used in the process of torture. That was done rather more broadly, even when the intelligence services did not know at all where the detainee was being held, or even whether they were being held legally or not. Those are the consequences of vague legislation that awarded too much power to the authorities.

We might therefore expect clause 27 to tighten up over-loose legislation to make Ministers, officials and agents more conscious of their responsibilities, not less. Instead, it does the exact opposite. Clause 27 would provide an exemption to schedule 4 of the Serious Crime Act 2007. Schedule 4 sets out the circumstances in which assisting and encouraging a crime that occurs overseas is still a criminal offence. Clause 27 means that it would no longer be an offence to assist a crime overseas where someone’s behaviour is necessary for

“the proper exercise of any function of the Security Service, Secret Intelligence Service or GCHQ or...the armed forces.”

In plain English, that would effectively insulate Ministers and officials from responsibility for assisting or encouraging heinous overseas crimes.

To see the potential impact of that, consider the case of Abdel Hakim Belhaj. Mr Belhaj, a Libyan dissident living in exile, was detained and subsequently tortured in both Thailand and Libya. It later emerged that UK information sharing had contributed to his detention and rendition. After years of litigation and wrangling, the Prime Minister wrote a letter of apology to Mr Belhaj, and the Government admitted responsibility for the role that UK intelligence played in his rendition. That was a civil rather than a criminal case, but if officials are certain that they will not face any criminal liability for assisting torture and other serious crimes abroad, reckless information sharing of the kind seen in Mr Belhaj’s case will occur more frequently and with more impunity.

I understand that one reason for the change in the clause is apparently to allow the easier transfer of bulk data. That is an especially risky activity to which to give legal cover. The transfer of bulk data is a euphemism for saying that we give the Americans—principally—so much data that we do not have time to check it all. That is it in a nutshell. As Edward Snowden revealed, that has historically amounted to unimaginably vast quantities of data, of course about suspects, but also about innocent people. Because of the high level of secrecy that applies to current bulk data issues, I have no current UK example to hand, but I can exemplify this by outlining the behaviour of our closest ally, and the principal recipient of bulk data, the United States.

The greatly respected President of the USA, Mr Barack Obama, used to go to the White House Situation Room on a Tuesday once a month to authorise a kill list—20 people who were going to be assassinated by the United States and who were perceived to be its enemies; typically, al-Qaeda officials and the like. President Obama talked proudly of how the best technology—artificial intelligence, algorithms and, crucially, bulk data—was being used to identify targets.

However, that comes with enormous risks, most plainly shown by the case of Ahmad Zaidan, who was selected for targeting by the US National Security Agency based on algorithms using bulk data. Fortunately, he was not assassinated. I say “fortunately” because there had been analysis of his telephone contacts and he had talked to Osama bin Laden and all the al-Qaeda high command, but, before the drone strike was organised, it was suddenly realised that he was the Pakistan office head of Al Jazeera. The analysis had thrown up an innocent man who could have been assassinated.

That is why we must be careful about what is handed over without knowledge of the bulk data. If we give greater legal cover to officials sending bulk data to other countries, cases of bulk data being used in the commission of serious crimes abroad—even against innocent people—will happen more frequently.

--- Later in debate ---

[Sir Jeremy Wright]

I hope my right hon. Friend is wrong, but the Government have to consider it for exactly those reasons. It would be not only wrong but profoundly embarrassing if the United Kingdom were to find itself in that position.

I hope the Minister can clearly explain the difference I outlined, because the only difference I can see is that it could be argued that “acting reasonably” may be applicable to more circumstances and, therefore, offer arguably broader protection than “acting in the proper exercise of a function.” We have heard it argued that the current defence is not sufficiently legally certain but, from experience, legal certainty is an elusive quarry. The concept of reasonableness is very familiar to the courts in a variety of contexts. Anyone looking for absolute certainty in every case will not find it, because all cases are different and must be considered on their merits.

The second area I want to mention is amendments 8 to 12, in my right hon. Friend’s name, dealing with the potential reduction of damages in national security proceedings where a successful claimant has committed wrongdoing related to terrorism. It is worth noting in passing that such wrongdoing is not limited to convictions for criminal offences, and we need to understand from the Minister what level of wrongdoing in this context would suffice to put someone’s damages in jeopardy.

The operative measure is clause 58(3), which says

“the court must decide whether, in light of its consideration of the national security factors, it is appropriate for it to reduce the amount of damages”.

So we need to know what “appropriate” means—or should mean. Surely it should mean appropriate in all the circumstances of the case and in the interests of justice overall—it would be helpful if the Minister could confirm that—and that there is no presumption in favour of reduction, nor is there an instruction to reduce damages where the factors set out are present. That is how I understand the clause, but I would be grateful if he could confirm it.

Lastly, I wish to discuss amendment 38, which would remove clause 84 and stands in the name of the hon. and learned Member for Edinburgh South West (Joanna Cherry). That clause provides that, save for in very limited circumstances, civil legal aid would not be available in any case where it otherwise would be to those previously convicted of terrorism offences. My concern is that this is a very significant shift in the principles applicable to legal aid. At the moment, we award legal aid on the basis of the merits of the case and the financial circumstances of the individual applying, never before doing so on the basis of their previous character. This change would be very significant and it would need significant discussion, which, by definition, given the clock in front of me, it is not going to get today.

We need to be clear about what we would be saying if we made that change. We would be saying that whatever happens to that individual—however blatantly their rights may be infringed, in cases wholly unrelated to their previous conduct—the state will not assist them to defend their rights as it otherwise would, because of a previous criminal conviction. I am not sure that would be right and I am not sure that if it is, it makes any sense to specify only terrorism offences, rather than any other serious criminal offending. But whether it is right or wrong, we need to discuss it properly and not have it tacked on to this Bill, which is about something completely different, with very limited time to discuss it.

[Mr Carmichael]

It is a pleasure to follow the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), who did the House a great service in bringing to us in four minutes what could have been the subject matter of a whole afternoon’s debate in itself, thus highlighting the total inadequacy of today’s proceedings for proper scrutiny of this Bill. I fear it will be filleted when it goes to the other place, and it deserves to be.

I added my name to new clause 8, but it is not available to debate and discuss. So much of what is in the Bill risks offering protection to people who do the wrong thing in the service of our country, while those who seek to expose that wrongdoing are to be left completely unprotected. Others have said it before, and I say it again now: this was the perfect opportunity to provide protection of that sort. If not now, when are going to see it?

It is a matter of significant regret that in an area of public policy where there is a substantial and natural consensus across the political parties, we have come to this stage in the proceedings of the Bill with so much division and disagreement, albeit a disagreement between those on the Treasury Bench and the Government Back Benches, not just between the parties. I do not think anybody in this House would not want to promote the security of our nation, and we all understand the complex and difficult situations in which pursuing that work often places people.

We also know, because it is human nature as much as anything else, that in these difficult and complex situations it is often possible to persuade oneself of just about anything. When that happens, it is necessary that somebody, somewhere, can be held accountable for it, because we are a country that believes, still, in the rule of law, and these things matter. That is why my colleagues on the Liberal Democrat Benches and I are so concerned about the content of clause 27 and clauses 79 to 83.

As I mentioned in my intervention on the right hon. Member for Haltemprice and Howden (Mr Davis), the cases about which we know and are rightly shocked, we know about only because these matters came into the public domain by mere happenstance. It is eminently possible that the circumstances of Belhaj and Boudchar would not be known to us today but for the fact somebody who happened to be walking around Gaddafi’s palace during the fall of his Government found the papers that revealed the extent to which rights had been deliberately traduced. It is surely wrong that there should be protection for people who behave far outside British standards, notwithstanding Government policy and indeed the law.

The same is true in relation to clauses 79 to 83, which remain the subject of massive controversy. I am certain that they will be revisited, hopefully with more detail and vigour than we have been able to give them today, because they do not belong in a Bill of this sort. I hope that, when the Bill eventually comes back to this House, it comes back without them.

[Ben Everitt (Milton Keynes North) (Con)]

It is a pleasure to follow the right hon. Member for Orkney and Shetland (Mr Carmichael) and to see so many members of the Bill Committee in the House on Report. It was a very constructive Committee, and I am pleased that we are all still vaguely getting on.

As the Minister said in his opening remarks, a number of clauses in the Bill update espionage legislation that goes back to world war one. Obviously we do not have time to go through all of them, but after putting the Bill into context, I will spend some time talking about clauses 13, 14, 20 and 21. The context is important. In my lifetime, and since the end of the cold war, we have lived through an era of what could be considered unprecedented global peace. In many ways, in the ‘90s, we took our eye off the ball. Once the Berlin wall came down, we took our eye off the ball on state-based threats. When things got hot in 2001, after 9/11, our national security legislation and our activity were focused much more on counter-terrorism, so now is the time to update our espionage legislation to counter state-based threats as well as counter-terrorist threats.

It is clear that state-based threats have not gone away. There are more Russian spies in London now than there ever were at the height of the cold war.

Overseas Chinese Police Stations in UK: Legal Status

Alistair Carmichael Excerpts

Tuesday 1st November 2022 Commons Chamber

[Tom Tugendhat]

My hon. Friend is right that it has been alleged that other states have had connections in this regard, and that is being looked at. On the length of time question, I hope he will forgive me for not going into operational details, but he can be absolutely assured that that will prove part of the assessment. As to action, I merely urge him to wait a few moments as I will be making a statement very shortly that I hope will answer some of his questions.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I congratulate the hon. Member for Rutland and Melton (Alicia Kearns) on securing the urgent question and welcome the Minister to the Dispatch Box. I hope his appointment brings us into an era where Government actions match their rhetoric on this issue, because it simply is not good enough for us to rely on organisations like Safeguard Defenders to bring this to light. I hear what he says about the National Security Bill, and he knows he has support across the House on that, but what we have heard about is not something that requires new legislation; we could be tackling it now. We must look at Chinese influence of this sort in commerce and academia, because if the UK was doing this in China—if the boot was on the other foot—it would be a very different story.

[Tom Tugendhat]

The right hon. Gentleman makes a good point about reciprocal action. When the Prime Minister appointed me he was extremely clear on how he saw the role of security and what he saw as my responsibility, and the right hon. Gentleman can be assured that I take this extremely seriously. This is an issue that I have been vociferous about for a number of years, and I am very pleased to have the opportunity now to act.

National Security

Alistair Carmichael Excerpts

Tuesday 1st November 2022 Commons Chamber

[Tom Tugendhat]

I will not comment on the details of the taskforce, but I think I can safely say that that is a little beyond even what I was hoping for. I will not go into details, except to say that my right hon. Friend is absolutely right: the reality is that supply chains in our country and around the world have changed as covid has influenced different issues, and sadly the nature of the decoupling that some states have sought to pursue has changed the way in which we must consider our own security.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

One area of Government policy that I suggest would benefit from the fresh eyes of the Minister is the need for a whistleblower defence under the National Security Bill. The Minister may be aware that an amendment will be moved on Report; it might facilitate the Bill’s passage if he met me and other hon. Members behind the amendment before then.

[Tom Tugendhat]

The right hon. Gentleman makes his point extremely clearly. He knows that the new Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), is responsible for the Bill alongside me and has his own views on the subject. No doubt my hon. Friend will be extremely willing to meet the right hon. Gentleman. If not, I shall.

Western Jet Foil and Manston Asylum Processing Centres

Alistair Carmichael Excerpts

Monday 31st October 2022 Commons Chamber

[Suella Braverman]

My hon. Friend is right to mention the returns agreement, and we want to maximise the deployment of the terms of that agreement. That is a brilliant starting point for trying to accelerate some of the processing, and ultimately the removals, of Albanian nationals. Albanian nationals are received in the same way as other small-boat arrivals. However, due to the excellent relationship built with my Albanian counterpart, we are able to expedite the removal of Albanians who have no reason to be in the UK. We want to maximise that—we want to push forward with it and do so faster.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I would like to read to the Home Secretary a text message that a colleague of mine received this afternoon from an immigration expert:

“Just had a call with Ukraine that has reduced our team to tears—people are facing losing their lives in Kyiv or watching their children freeze in the countryside purely because of delays in processing their visas.

UK Home Office paper pushing and unnecessary waits are costing people their lives in Ukraine.”

That is about Ukraine, not Albania. Is that what the Home Secretary means when she says this Government are taking asylum seriously?

[Suella Braverman]

I dispute the right hon. Gentleman’s version of events, with respect. Since 2015, the UK has offered a place to over 380,000 men, women and children seeking safety, including from Hong Kong, Syria, Afghanistan and Ukraine, as well as many family members of refugees.

Cross-Channel Migrants: Manston Facility

Alistair Carmichael Excerpts

Thursday 27th October 2022 Commons Chamber

[Robert Jenrick]

Absolutely. Fundamentally, the Opposition parties want to see uncontrolled immigration. We disagree with that and it is entirely out of step with the British public. We want to see those people who wish to come here do so safely and legally, and we want to see the best and the brightest around the world find a home in the United Kingdom. But it must be controlled immigration, and we must have a robust response to those who come here illegally.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Member for St Austell and Newquay (Steve Double) is right to remind us that during consideration of the Nationality and Borders Bill we were told repeatedly that the provisions of the Bill, which is now an Act, were necessary to stop the flow of small boats across the channel. The Act was brought into force in June. What has happened to the number of boats making the crossing since then?

[Robert Jenrick]

The number of people crossing the channel remains unacceptably high, and that is why it needs to be a priority for me and my right hon. and learned Friend the Home Secretary.

Migration and Economic Development Partnership with Rwanda

Alistair Carmichael Excerpts

Wednesday 15th June 2022 Commons Chamber

[Priti Patel]

I thank my hon. Friend for his work on this issue, for which he is a committed and passionate advocate, and for the way he has worked with us in the Home Office on many of these challenging issues. There is a difference between trafficking and smuggling, and he is aware of some of the issues that have been materially rising over a number of years, and that thwart the removal and deportations not just of people who come to our country illegally, but also of foreign national offenders. He is referring to the national referral mechanism, and many of the challenges that are now used—with intent, it is fair to say—by some of the specialist law firms in the claims being made.

I look forward to continuing to work with my hon. Friend, because it is clearly in our national interest to ensure that the right safeguards are in place for people who need our help and support. That is what the Modern Day Slavery Act is about, and we cannot allow people to exploit it for the wrong aims.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Why does the Home Secretary say, as she did in her statement, that “It is no use pretending that those people are fleeing persecution” when they are not? She will be aware that Home Office figures state that 98% of those who make the channel crossing claim asylum, and that 64% of asylum applications are granted at first instance, rising to almost 80% after appeal. There are only three options here: either the Home Secretary in demonising those people is making an incorrect statement, or the Home Office figures are incorrect, or the Home Office is granting asylum applications to people who are not fleeing persecution. Which is it?

[Priti Patel]

If I may, there is a fourth option, which is that the right hon. Gentleman is wrong on all counts. The individuals coming over the channel are coming from a safe country, which is France. He will be aware, from debates we have had in the House about our Nationality and Borders Act 2022, about the changes being made to immigration courts and tribunals to stop the repeated claims that go through the courts, and to speed up processes and bring the scrutiny that is needed to stop claim after claim. We have just spoken about the exploitation of our system, which we have to stop. That is part of the measures and changes that this Government are determined to bring in, as well as long-term reform of our asylum system, which the right hon. Gentleman and his party, and Labour Members, voted against.

Foreign National Offender Removal Flights

Alistair Carmichael Excerpts

Wednesday 18th May 2022 Commons Chamber

[Tom Pursglove]

I am grateful to my hon. Friend for raising that issue, which is pertinent to his constituency. I know that he and Members on the Government Benches recognise how important it is that we have a more sustainable accommodation model. We cannot continue to spend about £5 million a day on hotel accommodation in the asylum space. That is not acceptable or sustainable, so we must find solutions to that, including through the accommodation centre model that he is aware of. He raised a number of points and I know that ministerial colleagues in the Department are keen to continue to engage with him and work through those issues.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Home Office has had the report that it commissioned from Stephen Shaw on immigration detention since 2018. What progress is it making in relation to the implementation of its recommendations?

[Tom Pursglove]

I will happily write to the right hon. Gentleman with an update on the work that we are doing in detention. Of course, we keep all our facilities, policies and approaches under constant review, reflecting feedback that is received, and I would like to provide him with a full update that touches on all the pertinent and relevant issues, which I cannot do on the Floor of the House.

Global Migration Challenge

Alistair Carmichael Excerpts

Tuesday 19th April 2022 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right that there is a distinction and a significant difference between people trafficking and smuggling. It is the people-smuggling gangs that we are trying to stop. We are trying to break up their business model and end their evil trade, and it is absolutely right that we do so. When it comes to cases of human trafficking, it is a well-known fact that it is down to the work of my right hon. Friend the Member for Maidenhead (Mrs May) with the Modern Slavery Act 2015, and the work of this Government, that we have stood up the legalities and the proper processes to give those people who have been trafficked the legal protection and the safety and security that they need in our country.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Will the Home Secretary tell the House how many people she expects to send to Rwanda in the first 12 months of the scheme? She will be aware that Rwandan Government Ministers are on the record as saying that they expect their capacity to be in the hundreds, with a few thousand over the five-year period. Given that 28,000 people crossed the channel last year, does the Home Secretary really think the scheme is going to have the deterrent effect that she claims for it?

[Priti Patel]

The answer to the right hon. Gentleman’s question is yes. The scheme is uncapped and that is exactly what we have negotiated with the Rwandan Government.