Illegal Migration Bill

Baroness Brinton Excerpts

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I hear what the noble Lord says. I will take back his comments, and those of others, and we can reflect on them.

[Baroness Brinton (LD)]

My Lords, on the point raised by the noble Lord, Lord Hunt, can the Minister write to him, and put a copy of the letter in the Library, on whether the impact assessment will be published before Report,?

[Lord Murray of Blidworth (Con)]

As I say, I will take the mood of the Committee back to the department.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I assure the noble Lord that these points have received bags of consideration, not least from me, because they are very difficult. Of course, the length of time a child is present is a material factor. I am glad to say, as I said in my earlier remarks, that the vast bulk of children who are found in the small boats are not in the eight to 10 age bracket but are more likely to be 16 or 17. I can hear the noble Lord saying sotto voce that I have not answered the question. The answer is yes, of course I will carry on thinking about it, but it is a difficult question. In the Government’s view, we have come to the only logical solution that does not provide a very large hole in the scheme of the Act.

[Baroness Brinton (LD)]

The Minister made reference to the balance that the Government believe there is in the Bill around unaccompanied minors and encouraging smugglers. There have been a lot of speeches in this group about the rights of the child. Article 2 says they apply to every child; Article 4 says that Governments must do all they can to make sure that every child can enjoy their rights; and Article 22 on refugee children says Governments must provide them with appropriate protection and assistance to help them enjoy all the rights of the convention. How is that balancing the rights of the child? I wonder whether the Minister could write to compare and explain—otherwise, I can see that the UK will have to withdraw itself from the rights of the child.

[Lord Murray of Blidworth (Con)]

I do not need to write to answer that. The answer is that there is nothing incompatible with the UNCRC, because obviously a child who is here is having all their rights as a child respected, and if they are exceptionally removed under the circumstances described in the Bill it will be in a manner that is compliant with the UNCRC, particularly if it is for family reunion or for return to a safe country, which is presumably also a signatory to the UNCRC and will afford them their own rights.

[Baroness Brinton (LD)]

With the greatest respect to the Minister, we have not yet seen the detail. That is the problem. The Minister has outlined two or three areas and said there will be others. It is not clear to this Committee exactly what those details are. I will repeat the earlier request: will he please write and set them all out?

[Lord Murray of Blidworth (Con)]

To my mind, I have set out the detail, but of course I will go back and give it further thought.

Code of Practice on the Recording and Retention of Personal Data in relation to Non-Crime Hate Incidents

Baroness Brinton Excerpts

Wednesday 26th April 2023 Grand Committee

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, in the Explanatory Memorandum, the Government say that they have consulted, although not formally, with “key policing stakeholders” but, as others have said, the Secondary Legislation Committee says in its 35th report that it asked the Home Office whether they had consulted more widely,

“for example, free speech advocates, those representing victims or data protection interest groups—and, if not, why was this not considered appropriate”.

The Government’s response worries me. They said:

“Given the democratic scrutiny that the code will be subject to and the comprehensive policing input received, the Government did not consult more widely”.


I will focus on how some of the other stakeholders might feel with the introduction of this. Parts of it are certainly welcome. My worry is about the boundaries between what are and are not non-crime hate incidents and other offences. I will come on to that.

At this point, I should declare that, as a disabled person who has used a wheelchair for a decade, I have been on the receiving end of hate crimes, non-crime hate incidents and, I am sorry to say, threatening behaviour and even assault. Some 15 years ago, I was also the victim of a harassment and stalking campaign sustained over a period of two years in which 100 incidents of escalating crimes—that is, nuisances then crimes—were committed, even though the initial incidents were not. So, as I read the code of practice, the boundaries between these different categories—especially in some of the examples, which are key to the education of officers in how they will assess what is and is not a non-crime hate incident—have raised questions.

The additional threshold test for the recording of data is helpful, especially if—as noted in paragraph 22 of the code of practice—the person

“who has experienced the incident is considered to be vulnerable”.

The existing guidelines on recognising vulnerability are extremely helpful and sensible, and to be commended. I ask the Minister: is the reference to vulnerability in the code strong enough, with only a passing reference to the guidelines then a need to click on a hyperlink?

This raises another concern: the examples focus on hate incidents, whether crime or non-crime, and ignore other considerations that police officers should perhaps address. In example D on page 15 of the code, which concerns a resident’s report of a number of NCHIs occurring in a dispute between neighbours, the wording in the box focuses entirely on whether or not to record these incidents as NCHIs. My issue is that other flags should be also raised about the neighbours’ dispute because of the volume of incidents reported. This certainly begins to look like harassment but the focus in the code is on the decision of whether to record.

The problem with harassment, especially that type of harassment, is that it escalates, often in a worsening pattern of behaviour. The early decision on whether or not to record is now weighed with the freedom of speech issue only. Part III of paragraph 31, on page 15 of the code, says:

“All recording authorities have a duty to balance the right to free expression … and/or a real risk that a future criminal offence may be committed against individuals or groups with a particular characteristic(s). All efforts should be made to avoid a chilling effect on free speech (including, but not limited to, lawful debate, humour, satire and personally held views)”.


My concern is with the phrase “all efforts”. The focus of that entire paragraph is free speech. Can the Minister assure me that the issues around an already visible pattern of behaviour—some criminal, some not—in a matter that might be, or progress to be, a crime of, say, affray, assault or harassment, are being considered only in terms of the narrow issue of crime/non-crime hate incidents and in relation to freedom of speech?

My next area of concern relates to two different points, one in paragraph 34 and one in example J, on pages 18 to 19 of the code. First, example J says:

“An individual who uses a wheelchair reports to the police that a man approached her during a house party and threatened her in circumstances that could amount to a crime under section 4 of the Public Order Act 1986. In doing so, the man also made derogatory comments about her disability. A police officer is of the view that this incident would have been recorded as a disability hate crime had this occurred in a public place given the demonstrable threat and hostility that was evident”.


The response to the scenario then focuses entirely on the Public Order Act not being enforceable in a private dwelling, therefore making the incident a non-crime hate incident, but says that, because of the threatening language and the possibility of future escalation, it should be processed and recorded.

I am horrified by this example. Assuming that threatening behaviour that could have amounted to a crime occurred, this is not just a Public Order Act offence. It could also be affray, assault or harassment, all of which are crimes. It also might not be a private event—as in a domestic one, implied by the use of “private dwelling”—even if it is in a private dwelling. If I went to a large party and was threatened—the word used at the beginning of the example—including with disability abuse, I as a victim would not understand why the Public Order Act negates my complaint. My concern would be about what just happened to me. Someone saying, “Sorry, madam, it just happened in the wrong place”, is not going to make me feel safer.

That is part of the problem with the lack of consultation with victims and community groups: this code is written for the police, with no understanding at all of where individual citizens and what happens to them fits in. Example J also illustrates a wider point for disabled people about how this code of practice will be viewed and operated, but it could equally apply to anyone with a protected characteristic.

About six years ago, I was waiting to exit through the wide ticket barriers at Euston. The woman in front of me was shouting down her phone and then, completely randomly, started to shout at me, complaining about my wheelchair being in her way and disabled people in general. This escalated into her trying to use a kick-boxing kick at me; fortunately, she missed me and hit the wheelchair, which I think left her worse off. Everyone else stood back until she ran off and then, too late, came to my aid. I had not said one word during this. I have to say that I was in shock. The noble Lord, Lord Jackson, will be pleased to hear that the British Transport Police was very helpful and supportive. The police found the CCTV and were absolutely clear that this was an attempt to assault me—the combination of shouting directly into my face and then the kick. They were also convinced that she targeted me because I was an easy target and disabled, so it was also recorded as a hate crime. But now the emphasis is on free speech.

As I read Example J, officers will spend their time focusing on whether it is or is not a hate crime incident or a non-crime hate incident and whether it needs to be recorded, rather than the highly abusive behaviour in which that woman used hate language to threaten me and attempted to physically hurt me. Can the Minister say how officers will be reminded that the priority must be to look at every incident as a whole, including other potential crimes, rather than solely to look at the code of practice?

Secondly, on the issue of reporting, I, along with many other disabled travellers, am on the end of abusive verbal incidents on trains. It happens regularly. Comments such as “People like you shouldn’t be allowed on the train during rush hour” or “Why are people like you taking up space where I want to sit?” are regular. They can and do also use abusive language, right in your face—“cripple”, “retard” or even worse. It may be a generic statement and fall under the Home Secretary’s definition of free speech, but the delivery of it leaves the recipient in no doubt that it was intended to be personal. It is personal, and train conductors say that they repeatedly see the same people behaving badly. The ability to record these incidents as NCHIs is therefore important, because it means that a pattern of behaviour can be tracked and followed, as needed. My concern is that police officers, always under pressure, might ever look only at the one incident in front of them; then, if they decide not to record it, there is no trail of consistent abusive behaviour.

Finally, the chair of a hate crime panel in the south-east said to us that they are concerned that this instrument will impact negatively on confidence in reporting. We know that confidence in the police is already low in some communities and these Benches are very concerned about it. For these reasons, starting with the lack of proper consultation as highlighted by the Secondary Legislation Scrutiny Committee’s report, and the unclear narrative in the text and examples about how this fits into broader incidents and crimes, and where the boundaries are, I give notice from these Benches that we may well want to bring this matter to the full House.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this new Draft Code of Practice on the Recording and Retention of Personal Data in relation to non-crime hate incidents has been created following the ruling of the Court of Appeal in 2021 in Miller v the College of Policing. The court found that the recording of non-crime hate incidents was lawful, but must be subject to more robust safeguards to ensure a better balance between responding to hate incidents and protecting freedom of speech. The Labour Party supports this revised code.

The code puts a lot of weight on using common sense, but I do not believe we should rely on that phrase too much to ensure its fair and uniform application at an operational level. What is common sense to an experienced officer may not be to a new recruit having to apply these rules for the first time. It also opens the code up to being abused. A number of noble Lords have talked about the importance of the education and training of officers.

Manchester Arena Inquiry: Volume 3 Report

Baroness Brinton Excerpts

Tuesday 14th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Baroness raises a good point. I sometimes think that the speed with which polar opinions are voiced in this country is unhelpful to sensible public debate. She makes her point well, particularly as regards the frequent application of the word “Nazi”, which is rarely appropriate in my opinion. As regards the education system, I take Sir John’s opinions at face value and have little more to add, I am afraid.

[Baroness Brinton (LD)]

My Lords, I want to pick up on the point raised by the noble Lord, Lord Coaker, about victims, what they have been seeking from the inquiry and the balance with the inquest. I heard the Minister talk about the closed chapters not being appropriate. However, there are mechanisms to help the survivors and the families to get closure.

I want to ask two tangential questions and if the Minister does not have answers now, I am more than happy to receive them in writing but they are significant. We have been promised a victims Bill for some time. There was a draft Bill, but we have been waiting for that and it is probably five years overdue. It would be helpful if he could give us a date for when Parliament will look at that.

The other thing that worries me is that I had hoped on the publication of the third part report to hear the voice of the Victims Commissioner. We do not have one. Dame Vera Baird left her post on 30 September last year. Applications were sought in August and the period for them closed on 10 October. The panel sift was on 15 December and there is total silence. The role of the commissioner in helping to hold inquiries and inquests to account, and supporting families, particularly in unusual incidents, is vital. When will there be a new appointment for Victims Commissioner?

[Lord Sharpe of Epsom (Con)]

I am afraid that I will disappoint the noble Baroness. I have absolutely no idea when the victims Bill is likely to arrive in Parliament. I will endeavour to find out and write, if I can, with any further information. As regards the Victims Commissioner, I cannot answer. I should reiterate my sympathy for the victims in this case, and I say from a personal point of view that I cannot necessarily see what difference having a Victims Commissioner would have made to their experience. It was going to be awful and tragic, whatever the outcome. I am sure that nothing can take that pain away.

Violence Against Women and Girls: Stalking

Baroness Brinton Excerpts

Thursday 23rd February 2023 Lords Chamber

Asked by

[Baroness Brinton]

To ask His Majesty’s Government, further to the Written Statement by Lord Sharpe of Epsom on 20 February (HLWS554), whether their package of measures to tackle violence against women and girls includes provisions to address perpetrators of serious and repeated stalking.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, the announcements made on Monday do cover stalking. We have added violence against women and girls to the strategic policing requirement, meaning that it is set out as a national threat for forces to respond to. Tackling stalking is included in this. Stalking is already one of the offences specified in multi-agency public protection arrangements. This week we announced that the offence of controlling or coercive behaviour will be added alongside it.

[Baroness Brinton (LD)]

I thank the Minister for his reply. Despite the drastic increase in stalking cases in recent years, only 1% result in a court conviction, and this does not deter the most serious stalkers. Claire Waxman, the victims’ commissioner for London, has been stalked for 19 years by an obsessive and terrifying stalker who has been in court six times for breaching a lifetime ban on contacting her. He was given a 16-month sentence in November.

The problems are with non-domestic stalking in particular. I appreciate the point the Minister made about stalking being included, but the tenor of the Statement referred to domestic abuse only. Can he clearly confirm that non-domestic stalking is also included in all the provisions of Monday’s Statement?

[Lord Sharpe of Epsom (Con)]

My Lords, first, I commend the noble Baroness for her extensive work on this over many years. As I said in my original Answer, we do not need to add stalking because it is already there. Section 4A of the Protection from Harassment Act 1997, on stalking involving fear of violence or serious alarm or distress, is already in category 2 of the multi-agency public protection arrangements. This means that those sentenced to at least a year for that crime are already subject to active management.

X-Rays: Child Refugees

Baroness Brinton Excerpts

Tuesday 6th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I said, the report is being considered and a decision on publication will be made in due course.

[Baroness Brinton (LD)]

My Lords, the British Dental Association is opposed to dental X-rays being used because of their inaccuracy. Other organisations such as the BMA agree. During the passage of what became Nationalities and Borders Act, the noble and learned Lord, Lord Stewart of Dirleton, the Minister at the time, acknowledged this lack of accuracy by saying that

“assessments are not of themselves accurate”.—[Official Report, 8/3/22; col. 1280.]

There was no dentist on the age estimation science advisory committee. Do the Government understand that both their own Minister and dentists disagree that this should be one of the methods used to assess age?

[Lord Murray of Blidworth (Con)]

The answer is no. By way of background, I remind the noble Baroness that, between 2016 and September 2022, there were 7,357 asylum cases where age was disputed and subsequently resolved, in which half the individuals—3,696—were found to be adults. At least 27 other European countries use scientific or medical methods as part of their age assessment process. The most common method by far internationally is the use of one or more X-rays, usually dental, wrist, clavicle or knee, although MRI scans, CT scans and physical or psychological examination by a doctor are also reported. The implementation of SAA across Europe varies enormously, with different methods or combinations of methods, data outputs and timing, and the use of negative interference.

Manston Update

Baroness Brinton Excerpts

Tuesday 29th November 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, we know that the Government’s asylum system is in chaos. Just 2% of last year’s small boat cases have been decided, creating a backlog of nearly 100,000 people waiting more than six months for a decision. Such is the chaos that we have seen, and are seeing, that we have the completely inappropriate last-minute use of hotels, with no proper information for local councils or public health officials. Then, of course, there is the disgrace that has been and is Manston.

We are all aware of revelation after revelation of overcrowding at Manston, of people being kept long after legal limits were passed and of poor health and hygiene. What is the latest revelation that we have from Manston? It is of 50 diphtheria cases—compared with just three last year. Was the Home Office warned four months ago, as reported in today’s media, that measures to prevent the spread of infectious diseases such as diphtheria at Manston were poor and that staff were ill prepared to deal with them? When were Ministers first told that there were diphtheria cases at Manston?

By mid-October, the Home Office had admitted that there were cases at Manston, but its officials told the Home Affairs Committee on 26 October that they had sufficient health measures in place to address diphtheria. Why, when they clearly did not? The Government kept thousands of people in overcrowded conditions at Manston, described by one as thousands of people “huddled around fan heaters” to stay warm. I am no expert but those seem like perfect conditions for infections to spread, so why on earth was it only on 11 November, weeks later, that diphtheria screening and vaccinations were recommended for everyone passing through Manston? How was it possible that, despite this, the Home Office continued to move people from Manston into hotels across the country, even as potential carriers of diphtheria? Why was this done in some cases with local public health councils or local authorities not being told or given proper information?

The Health Secretary tells us that 500 people have now been screened and vaccinated, but what about the thousands of others who have passed through Manston? Wherever they are in this country, have they been screened and vaccinated for diphtheria, or have they just been left? Have all those with possible symptoms been given antibiotics? Given that this was the recommendation of public health officials some three weeks ago, if it has not been done, why not? What liaison is taking place between the health department and the Home Office? What is the plan?

Across the country, residents and migrants from Manston have been dispersed. We were told by the Immigration Minister yesterday that asylum seekers with symptoms of diphtheria are to be isolated for a short period at Manston or in designated isolation hotels. Can the Minister say any more about the numbers of cases across the country and where they are? What is the current situation?

Of course, the Government, the Minister and the Home Office will now do all they can to protect public health, prevent infection and give healthcare to those who need it—but it should never have come to this, should it? It is time for the Government to listen, advise, act on advice and get a grip. Manston and now this associated health issue of diphtheria have been a public policy disgrace, alongside asylum backlogs and chaos in the channel. Frankly, it is shocking, and the Government need to get a grip.

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Coaker. I am afraid I will repeat not only some of his questions but the many that I have asked the Minister on this issue over the last month.

On 31 October, the Home Secretary said:

“Manston … has very good medical facilities and all protocols have been followed.”—[Official Report, Commons, 31/10/22; col. 649.]

On 27 October, Robert Jenrick, the Immigration Minister, said:

“The basic needs of arrivals are provided … including … medical care.”—[Official Report, Commons, 27/10/22; col. 401.]


When we had the Statement last Thursday, it felt like the Home Office had emptied Manston and dumped unfunded people, unscreened and unvaccinated, without access to their local NHS in their new venues.

It is good that things are starting to change, and that is why I thank the Minister. If he had anything to do with the message that came out on Friday afternoon that the spot accommodation arrangements that prevented people moving from Manston to hotels from accessing GPs have now been changed. It is a shame that it has taken repeated questions to make that happen.

On Saturday morning we heard that the man who died after staying at Manston had died from diphtheria, which was clarified by a PCR test, despite some earlier negative tests. One of the problems with diphtheria is that the symptoms are not always obvious. On 1 November, I asked the Minister whether people were being routinely screened and tested, but it appears that they are still not, let alone being vaccinated.

The spread of infectious diseases was highlighted by Charlie Taylor, Chief Inspector of Prisons, in his unannounced inspection of Manston and Jet Foil at the end of July. The report was published on 1 November, but I am sure that it is still the convention for Ministers to see a draft beforehand. It says:

“Facilities for the management of detainees with COVID or other infectious diseases were poor. Detainees were placed in a claustrophobic portacabin with no clear responsibility assigned for managing their care. Paramedic staff were unsure of any guidance, policy or procedure for the management of infectious diseases.”


What happened after the draft of this advice was seen by Ministers, prior to assurances given by Ministers, from the end of October onwards, that good healthcare and protocols were being followed?

Diphtheria is a notifiable disease because, in unvaccinated people and untreated cases, it has a fatality rate of 5% to 10%. It spreads in overcrowded communities whose health may be compromised for other reasons, which is absolutely typical for asylum seekers. What data is there for how many of the people held at Manston since the middle of October have now been screened, tested and offered vaccinations? The UNHCR, UNICEF and the American CDC all vaccinate refugees and migrant communities, and it is now compulsory if you come into America through the border with Mexico.

On Sunday, the Home Office said that infectious migrants will now be told to isolate in hotel rooms but, prior to this, the only advice about those in hotels was given to hotel staff, not local doctors and certainly not directors of public health. It is good that this is beginning to change.

Yesterday morning, the government webpage entitled “Protecting yourself against diphtheria” was updated—and that too is good. It is important to say that the wider public are not at risk; only people coming into contact with someone with diphtheria are at risk. The guidance now says:

“Everyone arriving to claim asylum in the UK is currently being offered a dose of a diphtheria containing vaccine and a course of antibiotics … to reduce the risk of diphtheria and some other infections.”


This should have been normal practice the moment the first case emerged, so why is it only starting to happen now?

The Statement says that an “enhanced diphtheria vaccination programme” will be “offered to all”. So I ask the Minister what the definition is of “those arriving”: does it cover everyone who has been at or through Manston since the numbers bloomed after Suella Braverman was appointed as Home Secretary, rising from 1,500 to 4,000 in the space of three weeks? Or is it only those currently at Manston? Or will it now be every asylum seeker in the country, as is the case with CDC in America?

I also ask whether those who come through Manston have also been screened for infectious diseases, including diphtheria and scabies? Who will be managing this; will the Home Office be funding screening and vaccinations? I hope so, because local health services should not have to pick up the tab.

The Statement says that “robust screening processes” on arrival will “identify proactively” those with symptoms. However, we know that diphtheria is asymptomatic. Two are currently hospitalised, one person is dead and there are at least 50 confirmed cases. We have had only about 50 cases in the last 10 years in the UK, but the directors of public health in local areas are still struggling to get access to information and resources, from either the Home Office or the UKHSA. When will that happen? If the Minister cannot answer all these questions, please can he write to me with some answers?

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

I thank both the noble Lord and the noble Baroness for their speeches. The Home Secretary and the Minister for Immigration were updated over the weekend by Dame Jenny Harries of the UK Health Security Agency, who confirmed that 50 cases of diphtheria had been reported in asylum accommodation. This had the unfortunate effect of being a consequence of the speed with which Manston had been emptied in response to the earlier concerns about the conditions at Manston. While robust processes and plans have now been put in place, it is right that we remain vigilant. As the noble Baroness observed,

“robust screening processes on … arrival … at Western Jet Foil … to identify proactively those with symptoms of diphtheria”

are in place, and the

“‘round-the-clock’ health facilities at Manston”,

which I previously referred to in this House,

“including emergency department consultants and paramedics”,

remain available to those at Manston and will readily identify conditions that those people may have.

Guidance is also available

“in multiple languages on spotting the symptoms of diphtheria”,

and I am grateful to the noble Baroness for noting that changes have made on the website in an effort to enhance the spread of that message. In addition,

“an enhanced diphtheria vaccination programme, offered to all those arriving at Manston”

is now in place, and

“of those who arrived at the facility this weekend, 100% took up that … offer”.

Further,

“testing for those presenting with symptoms and for close contacts”

of confirmed cases was also available,

“and those testing positive are being isolated in a designated place.”—[Official Report, Commons, 28/11/22; col. 676.]

As the noble Baroness has observed, certain “isolation hotels” have been set up to provide facilities to make that isolation possible and easier for those who need it. Equally, special transport is provided to ensure that they can travel to their place of isolation until the symptoms of the condition have resolved.

On the question asked by both the noble Lord and the noble Baroness in relation to liaison with local health departments, the Home Office’s contracted accommodation providers are contracted to provide a liaison with health services, to provide those residents with health services, and to signpost them to local GPs and other health providers. Local authorities, too, are provided with £3,500 per person to provide their services to those in Home Office accommodation. That, of course, includes public health obligations on local authorities. As the Minister in the other place made clear, the department is going above and beyond the UKHSA baseline by instituting new guidance on the transportation of individuals displaying diphtheria symptoms.

It is clear that this is a very unfortunate consequence of the speed with which Manston was emptied in the run-up to the previous weekend, and steps are now being taken to ensure that all those in accommodation are offered a vaccination for diphtheria. Clearly, there is widespread awareness of the issue now.

On the final point raised by the noble Baroness, Lady Brinton, in relation to the medical facilities at Manston, the comments in July bear no relation to the present position. As I said, I have visited those medical facilities and found them to be very impressive. They are not accommodated in the temporary accommodation to which the noble Baroness referred. Those working in that sphere do a fantastic job, and I thank them for it.

Hotel Asylum Accommodation: Local Authority Consultation

Baroness Brinton Excerpts

Thursday 24th November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, the noble Lord is entirely right that, of the small-boat arrivals in 2021, 96% are still awaiting an initial decision, as the Minister in the other place said. However, we made more than 14,500 decisions in the year to June 2021, concentrating on deciding older claims, high-harm cases, cases with extreme vulnerability, and children.

The noble Lord alluded to the notification of local authorities. Clearly there has been difficulty in notifying local authorities. That has been a real focus for the department. I am unsure whether he will have seen the “Dear colleague” letter that went around the Members of the other place, notifying them that it will absolutely be the rule that they get at least 24 hours’ notice, but it is hoped to be longer than that. I would be very grateful to hear from any noble Lords who are concerned by any hotels they may be aware of where due notice has not been given to the local authority and to the Member for the relevant constituency.

As to the point about unaccompanied children going missing from hotels, any child going missing is extremely serious, which is why we work closely with local authorities and the police to operate a robust missing persons protocol to ensure that their whereabouts are known and that they are safe. We work to ensure that vulnerable children are provided with appropriate placements for their needs, and we have changed the national transfer scheme so that all local authorities with children’s services must support young people. Home Office and contractor staff identify cohorts of young people considered at greater risk of going missing and, of course, risk assessments and safety plans are undertaken on arrival in mitigation of this risk.

[Baroness Brinton (LD)]

My Lords, the Minister knows that I have raised the health service provision for those at Manston and when they have been dispersed elsewhere. Today, I am hearing from local authorities and directors of public health locally that scabies is increasing. It is racing through the hotels where these asylum seekers have been sent. In some places, the rate is 70% because they do not have the clean clothes and linen necessary for the clothes that have mite infestation to be thoroughly washed. Worse, the Home Office and Clearsprings have refused to provide specialist creams at those hotels for asylum seekers to use. Even worse, because of the scheme under which those being dispersed from Manston come, the usual grant to GPs is not made available, which means there is no money locally, so asylum seekers can use only 111 or 999. Will the Minister agree to meet to discuss this as a matter of urgency? I appreciate that health is not in his brief, but there are some holes, particularly about health funding and stopping this mass infestation of scabies.

[Lord Murray of Blidworth (Con)]

Certainly on my visit to Manston a few weeks ago, I had the opportunity to meet the healthcare staff and visit the healthcare centre. I assure the noble Baroness that concern is paid to the health of those passing through Manston, and it is hoped that any conditions they suffer from at that time are treated, in particular with the topical creams that she suggests. I am concerned by what she said about what is happening with Clearsprings, but I am afraid that without a bit more detail, which I am sure she will provide, I cannot answer now, but I will do that. As to a meeting, certainly I am aware that she has raised this issue a number of times, and I am happy to have a meeting with her if that would assist.

Asylum Seekers: Accommodation

Baroness Brinton Excerpts

Tuesday 15th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I entirely agree with the right reverend Prelate. The issues surrounding the allocation of accommodation are certainly the subject of concentrated effort by Home Office officials, and it is the intention to improve notification. I add that we are incredibly grateful for the activities of church groups and others who help provide assistance to those accommodated in hotels.

[Baroness Brinton (LD)]

My Lords, following on from the right reverend Prelate’s question and that of the noble Lord, Lord Dubs, it appears, worryingly, that the Home Office is still not talking to the directors of public health in local areas receiving people from Manston. On 1 November, the Minister said that there were four cases of diphtheria. I am hearing that there are now nearly 40 cases, and we know that people are not being tested as they leave Manston. The Minister offered to write to me before; will he now agree to meet to discuss this urgent health issue?

[Lord Murray of Blidworth (Con)]

My understanding is that there are 12 diphtheria cases, but I will certainly make further inquiries in light of that. I can assure the noble Baroness that healthcare in contingency asylum accommodation is a priority. Those contracted to the Home Office endeavour to ensure that people accommodated in hotels or other contingency accommodation are signposted to GP practices, and there is local health screening in most cases.

Western Jet Foil and Manston Asylum Processing Centres

Baroness Brinton Excerpts

Tuesday 1st November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her kind remarks. She is right to observe that we have that common interest in terms of our professional origins. I imagine her question relates to the question posed in perhaps more clear terms by the noble Lord, Lord Coaker, about the use of the word “invasion” by the Home Secretary. I take the view that the expression the Home Secretary used was intended to—and did—convey the scale and challenge we face as a country from the numbers crossing the channel. Millions of people across this country are rightly concerned about that and want to know that we have a robust but secure asylum system. A significant proportion of those arriving on our shores are economic migrants, many from countries such as Albania. A quarter of all migrants this year came from Albania, which is demonstrably a safe country. The Home Secretary and the entire ministerial team will see what they can do to bear down on those numbers.

[Baroness Brinton (LD)]

My Lords, I declare my interest as a vice-president of the Local Government Association. The Statement says that 12,000 people have arrived at both Manston and Western Jet Foil since Ms Braverman became Home Secretary in September, and 9,500 have already been transferred out. As the Minister mentioned, there have been confirmed cases of diphtheria and other infectious diseases at the very overcrowded Manston centre in the last month. Diphtheria is a notifiable disease under the Public Health (Control of Disease) Act 1984, and directors of public health and their local authorities have statutory duties to manage notifiable disease outbreaks, including tracking, testing and tracing not just those with the disease but their contacts. Can the Minister explain why the Home Office has refused to work directly with directors of public health and their local authorities in the areas receiving these asylum seekers from Manston, despite repeated requests?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for that question. I do not have the answer, so I will find out what it is and write to her.

Independent Inquiry into Child Sexual Abuse: Final Report

Baroness Brinton Excerpts

Monday 24th October 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for her remarks and commend her for her efforts when she was working with the right honourable Member for Maidenhead. I am grateful for the opportunity to commend the former Prime Minister for her extraordinary work on this.

Those statistics are genuinely appalling, particularly when they are put in those terms. I have read them as percentages, which perhaps seem rather dry, but to give numbers is harrowing. The Government have made it clear that they are determined to work across agencies and across departments; that work will be ongoing, and all relevant departments will be involved in it.

Something the Home Secretary said bears repeating: when asked about a Minister for children, he said:

“We all … have to be Ministers for children”.


I think he is right.

[Baroness Brinton (LD)]

My Lords, it is disappointing that recommendation 13, on mandatory reporting, is not a pure system; it is a bit of a hotchpotch of mandatory reporting systems. Will the Government undertake to compare recommendation 13 to successful models of mandatory reporting elsewhere in the world, including Australia, Canada, Denmark, France, Ireland and the USA? In particular, will they compare the views of public bodies before it was introduced and after? In each of those countries, there has been a significant gain in confidence in the regulated bodies that have to report.

[Lord Sharpe of Epsom (Con)]

I thank the noble Baroness for those suggestions. I will happily take them back to the department and Home Secretary, and strongly recommend that he investigates them.