Illegal Migration Bill

Alistair Carmichael Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

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

Listening to the hon. Member for Gedling (Tom Randall), it is difficult to avoid the conclusion that somehow or other we have gone back in time. In much the same way as people in the 19th century spoke about the deserving and the undeserving poor, today we have landed in a place where we have the deserving and the undeserving desperate.

The hon. Gentleman referred to the number of men who crossed the channel, but he may not be aware that 7,177 of those who crossed the channel last year were children. The characterisation that he and others have made today is not borne out by the statistics provided by the Home Secretary and the Home Office itself.

There are many different reasons why hon. Members should vote against the Bill this evening. We may choose to vote against it because of concerns about legality, both in respect of our domestic legislation and our international obligations under treaties. It is difficult for those on the Treasury Bench to deliver lectures to those in Beijing in relation to adherence to international law if we do not live up to the same standards ourselves. As the former Prime Minister, the right hon. Member for Maidenhead (Mrs May) said, we can choose to reject the Bill on the basis of the impact it will have on our world-leading modern-day slavery legislation. We can even reject it because it lacks a basic sense of British compassion. I was a Minister in the Government that abandoned detention for children for immigration purposes, and I am horrified to see the Conservative party seeking to restore it today.

If compassion and concern for the rule of law are not enough to speak to the values of hon. Members, I can offer them one further reason, which is simply that it will not work. It will not achieve the deterrent effect that it seeks to claim. We have been told this before. We were told that the Nationality and Borders Act 2022 was going to be the Act that would solve the problem, but what has happened since that came into force? The numbers have gone up and up.

The truth is that many people who deserve and are entitled to asylum at present will not get it if the Bill passes. And what will be the consequence of that? They will be sent away and many of them will die. That is why this House should reject the Bill tonight.

Knowsley Incident

Alistair Carmichael Excerpts

Monday 20th February 2023 Commons Chamber

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

The Minister told us a few minutes ago that part of the problem here is human rights lawyers who abuse and exploit our laws. That is obviously very serious, Mr Speaker. Any lawyer doing that needs to be stopped, so could the Minister tell the House how many solicitors, advocates and barristers have been reported by the Home Office in the last 12 months to the regulatory authorities?

[Robert Jenrick]

We are monitoring the activities, as it so happens, of a small number of legal practitioners, but it is not appropriate for me to discuss that here. The wider point I was making stands, which is that the British public are looking on askance at the fact that individuals, mostly young males, are setting off from a demonstrably safe country, France, and soliciting human traffickers to ferry them across the channel, and they are invariably throwing their documents into the sea, so that they can exploit our human rights laws. That needs to change. The British public are angry and frustrated at that situation. We understand that and that is why we are taking action.

Oral Answers to Questions

Alistair Carmichael Excerpts

Monday 6th February 2023 Commons Chamber

[Miss Dines]

I know my hon. Friend is a strong campaigner on this issue and that it is very important locally, but it is also hugely important nationally. I was privileged to visit the National Crime Agency and other groups that work in the field. A huge amount of work is going on. It is clear that the Government need to have a detailed response to the recent report to ensure that we have joined-up thinking across all Departments to stamp out child sexual abuse, because it is a dreadful crime.

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

6. When she plans to appoint an Independent Anti-Slavery Commissioner.

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

The role of the Independent Anti-Slavery Commissioner, as set out in the Modern Slavery Act 2015, is to encourage good practice in the prevention, detection, investigation and prosecution of slavery and human trafficking offences and the identification of victims. The Home Secretary recognises the importance of the role of the anti-slavery commissioner and has committed to running a new competition to recruit for the role. The process will begin imminently.

[Mr Carmichael]

I thank the Minister most warmly for that answer. She illustrates perfectly the need for my private Member’s Bill, which would allow Parliament to make this most important appointment, rather than the Government. The post has been vacant for 10 months already. In the third quarter of last year, no fewer than 4,586 potential victims of modern slavery were referred to the Home Office—38% up on the previous year. What is it about their record on this issue that makes the lack of scrutiny so attractive to the Government?

[Miss Dines]

I do not accept that narrative. The competition is opening shortly. There will be a large number of very good candidates, and there needs to be a proper process. These things cannot be rushed. Sometimes the best things come to those who wait.

Unaccompanied Asylum-seeking Children

Alistair Carmichael Excerpts

Tuesday 24th January 2023 Commons Chamber

[Robert Jenrick]

I will certainly arrange that. As my hon. Friend knows, Kent has borne a particular burden in this regard, so it is right for us to do everything we can to support it and his constituents.

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

The only surprising aspect of this whole sorry affair is the fact that anyone is surprised by it. Young people are placed in totally unsuitable accommodation, and are then left there while the Home Office fails to process applications for them and, indeed, for all asylum seekers. This was always going to happen. On 16 December the Minister announced a £15,000 extra funding package for local authorities, which is due to expire at the end of February. Is he telling us today that that additional money—not the standard money—will continue after 28 February?

[Robert Jenrick]

Before I arrived at the Department in the summer there was already an initial payment to local authorities, which I believe was £6,000 or thereabouts. That did ensure that more local authorities came forward, but, given the scale of the challenge that we have been discussing today, I took the view that it needed to be more, which is why we made this more generous offer available. We have operated it as a pilot to establish whether it encourages more local authorities to come forward. I am receiving advice in respect of the number of local authorities that have taken up that offer, and before it is closed we will decide whether it was successful enough to warrant its continuation. However, I am open to continuing it further into the future.

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.

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.

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.

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.