Modern Slavery National Referral Mechanism: Waiting Times

Baroness Ritchie of Downpatrick Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Of course, there are a lot of age-disputed cases in the system, so it is difficult to give the noble Lord a precise answer on that. There are decision-making pilots for children which are much quicker at making decisions. They are taken through a multi-agency structure of the local authority, health and police as a minimum. The safeguarding partners have a responsibility to obtain and present evidence at meetings where decisions are taken, so they are dealt with slightly differently.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, this morning in the High Court in Belfast, a judgment disapplied certain elements of the Illegal Migration Act as they contravened Article 2 of the Windsor Framework. What assessment does the Minister, who brought the legislation through this House, have of that judgment?

[Lord Sharpe of Epsom (Con)]

I am afraid that is the first I have heard of it, so I have no opinion on it.

Rwanda: Asylum Arrangements Treaty

Baroness Ritchie of Downpatrick Excerpts

Tuesday 21st November 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, can the Minister indicate whether the provisions in the new Rwanda treaty will adhere to the ECHR, which underpins our Good Friday agreement in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, as I say, I cannot comment on the specifics at the moment. However, I reiterate the Prime Minister’s commitment to stopping the boats and removing barriers if necessary. The detail and implications of doing so will be considered carefully; of course, that will take the GFA into account.

National Crime Agency: Fraud and Economic Crime

Baroness Ritchie of Downpatrick Excerpts

Monday 11th September 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point, and I think he is aware of my opinions on this subject. Clearly, it is a difficult area for the entire economy—not just the agencies responsible for fighting crime but those who are involved in the online world where, of course, much of this crime takes place. I have referred to the large number of new officers being recruited; as far as I understand it, they are on track to be recruited according to the timescales that have been set out. I cannot really comment any more on the recruitment process itself, but I will certainly ask the question and come back to the noble Lord.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, what steps will the Government take to introduce a safer ageing strategy for older people to protect them against economic crime and fraud?

[Lord Sharpe of Epsom (Con)]

I just referred to the fraud strategy that was published in May this year, a sizeable part of which is about empowering people to avoid being defrauded in the first place. I recommend that the noble Baroness refers back to that; of course, I would be happy to discuss it further in future debates.

Electronic Travel Authorisation

Baroness Ritchie of Downpatrick Excerpts

Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

It is the intention of the policy to apply to those transferring in British airports. This makes Britain a more secure country.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, following the regret Motion debate on 23 May and subsequent amendments in Committee and at Report on the Illegal Migration Bill in respect of ETAs, what further discussions has the Minister had with his ministerial colleagues in the Home Office regarding further exemptions to ETA to ensure that the tourism industry in Northern Ireland is not further undermined as a result of such requirements?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question, and I can reassure her that work continues on the guidance discussed during the previous debate. The Government remain committed to the Good Friday agreement and ensuring there is no hard border between Northern Ireland and Ireland. In line with our commitments under strand 2, the Government are committed to working with Tourism Ireland and Tourism Northern Ireland to ensure that the ETA requirement is communicated effectively through targeting messages and a variety of channels. That would include Tourism Ireland, as a crucial body established under the north/south provisions.

Illegal Migration Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, all the amendments in this group are very serious contributions to improving the Bill, but I want briefly to add my support for Amendment 85C in particular. I cannot match the noble Lord, Lord Carlile, in his acquaintance with ChatGPT, but his amendment, supported by the noble Lord, Lord Alton, the noble Baroness, Lady Hamwee, and my noble friend Lady Kennedy, who is not in her place, goes some way towards dealing with the difficulties of the astonishing assumption behind Schedule 1—that asylum seekers can safely be deposited in all these 57 countries. Quite apart from the observation by the noble Lord, Lord Kerr, during our previous Committee sitting that they do not have asylum regimes in any case, to make Schedule 1 acceptable the Minister must accept this amendment.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I have tabled Amendments 97 and 98 in respect of Clauses 27 and 28. I commend the report, published yesterday, from Parliament’s Joint Committee on Human Rights—a very fine document which says that this Bill will have “a disproportionate impact” on the victims of modern slavery. My noble friend Lord Coaker referred to the coalition Government of 2010-15, which took the initiative to introduce in Parliament and implement the Modern Slavery Act. This Bill drives a sword through it and completely lacerates it.

There is no doubt that the number of amendments that refer to modern slavery or human trafficking are testament to the Committee’s concern about the Government’s proposal. Again, I refer simply to my own Amendments 97 and 98. The Government frequently refer to victims of the “heinous crime” of modern slavery and, in March 2021, they commended themselves on how many victims had been referred to the national referral mechanism, stating that

“the UK has a strong reputation internationally in addressing modern slavery referrals; year on year there has been a rise in referrals from all frontline responders into the NRM”.

It is extremely concerning that, some two years later, we are talking about the same increase as a matter of abuse and the same victims as threats to public order. That is exactly the language that has been used by this Government. Lest there be any confusion, this language is being applied to individuals who have been the subject of exploitation through being either coerced or deceived. The language is being applied not to those who traffic and exploit people as commodities but to the victims of crime.

The UK has signed up to international obligations to identify and care for victims of modern slavery. One of those is the European convention against human trafficking—frequently referred to as ECAT. The noble Lord, Lord Carlile, referred to this. ECAT requires the identification of victims so that they might benefit from the convention entitlements, including the provision of a recovery period when the person cannot be deported and can receive support and assistance. The Bill does not prevent the identification part of our obligations, but it makes identification meaningless for the most part.

Last year, under the Nationality and Borders Act 2022, the Government determined that some victims should be excluded from a recovery period if they are a threat to public order. There is a case for excluding those convicted of serious criminality; indeed, ECAT recognises that under Article 13. But here is the key point: it has been applied on a person-by-person basis. This Bill, in the words of the Independent Anti-Slavery Commissioner, Dame Sara Thornton, introduces

“a massive extension of that public order disqualification to everybody”.

Yes, all victims of modern slavery within the scope of the Bill are being considered a threat to public order. I hope your Lordships will indulge me as I quote the Government’s justification for this extension. In the human rights memorandum, the Government say that they consider that a person who falls under the duty to remove is

“a threat to public order, arising from the exceptional circumstances relating to illegal entry into the UK, including the pressure placed on public services by the large number of illegal entrants and the loss of life caused by illegal and dangerous journeys”.

ECAT makes no differentiation between victims of modern slavery who are in the country illegally or legally. The convention knows that these individuals need safeguarding and protection, regardless of their immigration status.

Parliament’s Joint Committee on Human Rights, which published its report yesterday, states that

“the Government’s position that the modern slavery clauses are ‘capable of being applied compatibly’ is untenable”.

My noble friend Lord Coaker already referred to this point. The report continues:

“The UK has clear positive duties under Article 4 ECHR (prohibition of slavery and forced labour) to protect victims or potential victims of slavery or human trafficking, as well as duties under ECAT—these provisions of the Bill are in direct conflict”


with the above-mentioned article and ECAT. The committee recommends that the clauses in the Bill dealing with modern slavery should be removed, a point I concur with. The Commissioner for Human Rights of the Council of Europe has said about the extension of the public order disqualification:

“Such a justification appears to me to be so broad and general that it increases the likelihood of an arbitrary application of the modern slavery protections”.


The Parliamentary Assembly of the Council of Europe is due to debate a report on a number of human rights measures currently being debated in the UK, including the Bill. The provisional report was published on 25 May. In reviewing the Bill’s compatibility with ECAT, the report says:

“The fact that an individual was trafficked into the UK does not make that individual thereafter a threat to public order”,


a point that this House and the Government should take on board.

I was disappointed that, on day two in Committee, the Minister said that the Bill was compliant with ECAT because

“ECAT envisages that the recovery period should be withheld from potential victims of trafficking on grounds of public order”.—[Official Report, 5/6/23; cols. 1200-01.]

This is exactly the opposite of the position taken by GRETA, the body overseeing ECAT. In its submission to the Joint Select Committee on Human Rights inquiry into the Bill, it said that such an approach

“would be contrary to the purpose of Article 13”,

since Article 13(1) is

“intended to apply in very exceptional circumstances and cannot be used by States Parties to circumvent their obligation to provide access to the recovery and reflection period”.

My Amendments 97 and 98 urged the Government to rethink their interpretation of Article 13(3), which is, in my view and that of GRETA, contrary to the convention. I also urge the Government to be mindful of the recommendations in the Joint Committee on Human Rights report, just published; to heed its advice; and to indicate, in a realistic and humanitarian way, when they will respond to that report. The website states that the Government will respond in August, long after the Bill has been implemented into law. That is too late. We need a response at a very early opportunity—in fact, before we return for Report on the Bill.

I ask the same question as did my noble friend Lord Coaker: when will the impact assessments be made available to this House? Will it be done at a very early opportunity and before the completion of Committee on the Bill?

[Lord Morrow (DUP)]

My Lords, many Peers spoke at Second Reading about their concerns over the modern slavery amendments. They did so again on day two in Committee, in response to Amendment 19A and others tabled by the noble Lord, Lord Hunt, and on day three, after the forensic speech made by the noble Lord, Lord Purvis, on whether Clause 5 should stand part of the Bill.

The amendments in this group again raise those concerns, and I hope the Minister will recognise the concerns across the Committee. Before I speak to my Amendment 145, I put on the record my support for Amendment 86, of the noble Lord, Lord Randall. As I have already said in Committee, I am deeply concerned about the impact that the Bill will have on victims of modern slavery; this amendment would mitigate some concerns by ensuring that victims of modern slavery exploited in the UK will still be able to access the support that they need to recover. I hope the Minister will update the Committee on the ongoing discussions on this proposal that were promised on Report in the other place.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I had in mind the sage words of the noble Baroness, Lady Smith, in the House last week. As the noble Lord will recall, the origins of Schedule 1 were canvassed at length by the Committee in the previous group. The countries listed in the schedule are an amalgam of previous pieces of legislation where the safety of those countries has been established in that legislation.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, earlier when referring to ECAT provisions in relation to the amendments I brought forward and the comments made by the noble Lord, Lord Carlile, the Minister seemed to say, and I would argue, that applying Article 13(3) of ECAT to a large group of people would go against the spirit and character of ECAT. I think it was never intended to apply to a group but to individuals and that the breadth of application coming from the Minister is a bit of stretch, so I ask him to consider that matter again and maybe come back on Report with an amendment similar to the ones that I proposed.

[Lord Murray of Blidworth (Con)]

Obviously I hear what the noble Baroness says. Clearly the public order disqualification is capable of being applied in the way that the Government suggest it is here, and of course it is also a matter of individual application—but no doubt those in the department will read what the noble Baroness said. For all those reasons I invite the noble Lord to withdraw the amendment.

Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Tuesday 23rd May 2023 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

That this House regrets that the Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023 (SI 2023/305) will impose additional bureaucracy on international visitors to Northern Ireland travelling from the Republic of Ireland, creating barriers that will potentially cause significant damage to the tourism industry in Northern Ireland; and calls on His Majesty’s Government (1) to consider revoking the Regulations forthwith, and (2) urgently to enter discussions with the government of the Republic of Ireland and representatives of the tourism industry in Northern Ireland to ensure that the Electronic Travel Authorisations scheme is adapted to reflect Northern Ireland’s unique position as the only part of the United Kingdom with a land border.

Relevant documents: 35th and 40th Reports of the Secondary Legislation Scrutiny Committee. Special attention drawn to the instrument.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is late in the evening, but this is an important issue, hence my regret Motion. I am pleased that the Front Benches and the Minister are present, on foot of the detailed explanation that he gave us in the Secondary Legislation Scrutiny Committee. I will concentrate on one aspect of his discussion with us that day: the impact of electronic travel authorisations on tourism in Northern Ireland. My Motion specifically states that the regulations will impose

“additional bureaucracy on international visitors to Northern Ireland travelling from the Republic of Ireland, creating barriers that will potentially cause significant damage to the tourism industry”.

I call on the Government to consider revoking the regulations forthwith, or, if that is not possible, to bring forward an exemption and urgently enter into discussions with the tourism industry and the Government in the Republic of Ireland to ensure that the ETA scheme is adapted to reflect Northern Ireland’s unique position as the only part of the UK with a land border.

There is already a precedent for an exemption because one was provided for legal residents of Ireland in the regulations introduced in March this year. Everybody will recall that we discussed these issues at Second Reading, in Committee and on Report of the Nationality and Borders Act when it progressed through your Lordships’ House about a year ago.

The UK’s decision to introduce ETAs, as a result of the Nationality and Borders Act, will deter visitors arriving via the Republic of Ireland from coming to Northern Ireland due to the administrative process and cost, putting at risk 25% of total tourism spend. The ETA is due to be implemented for the majority of countries by the end of 2024. I do not agree with that because of the bureaucracy, cost, hindrance, impediments and barriers that will be placed in the way of spontaneous tourists.

The Northern Ireland Tourism Alliance, which has already had many discussions with the Home Office, is concerned that the costs, bureaucracy and hassle involved in getting an ETA will make Northern Ireland a less attractive place to visit, particularly for short or spontaneous trips. Tourists and operators may decide that it is more convenient and cheaper to drop Northern Ireland from their itinerary. We do not want that to happen, so I ask the Minister what steps the Government will take to prevent that from happening. Our economy and tourism must be protected. Tourism and the spend from it are significant proportions of our economy. Due to the fact the 70% of overseas visitors arrive in the Republic of Ireland and travel to Northern Ireland via the land border, there will be no official communication at the time of booking or when visitors arrive in Dublin or other parts of the Republic. This is different from those visitors arriving into a direct port of entry in the UK, and therefore tourists could inadvertently cross the land border into Northern Ireland without an ETA. This will place them in legal jeopardy and open to a criminal charge, as per the Nationality and Borders Act. The legislation states that an offence occurs if a person knowingly enters the UK without an ETA. This fact has been recognised by the Minister of State for Immigration in the Home Office, Robert Jenrick, who wrote to the Northern Ireland Tourism Alliance on 2 May 2023 stating that:

“in terms of the implementation of the proposed duty to make arrangements for removal in the Illegal Migration Bill, the Government is giving consideration to how our regulation-making power may be applied in order to exempt persons who knowingly enter the UK via the Irish land border”.

Along with the noble Baroness, Lady Suttie, I tabled an amendment to this effect to the Bill this time last year.

It is quite clear that there is a need to protect our tourism industry in Northern Ireland. Therefore, the Government should consider revocation and, if that is not possible, bring forward an exemption. That exemption should be introduced along the lines discussed with the Northern Ireland Tourism Alliance, and I think there are strong lines for that. The kernels for this are based around six main points.

Tourism is one of the six areas of co-operation enshrined in the Good Friday agreement, which introduced a new business model to promote Northern Ireland overseas as part of the island of Ireland destination. As a result of that, we have the body called Tourism Ireland. The number of visits to Northern Ireland by international tourists arriving via the Republic of Ireland was an estimated 550,000 in 2019-20, which represents only 1.3% of all international visits to the UK. The land border between the Republic of Ireland and Northern Ireland is 300 miles long, crossing between both jurisdictions, and has no immigration checks. It is an invisible border that currently allows for seamless travel across the island of Ireland, and that is part of the common travel area.

Immigration checks will be intelligence-led, so a tourist could be stopped; and if they have an accident or require medical attention, their insurance will be invalid if they do not have an ETA. Tourists crossing the land border into Northern Ireland are treated differently from tourists arriving via the UK direct port of entry, who are informed of the ETA requirement at the time of booking and at the time of boarding their flight. They will be stopped at immigration control in the airport or ferry terminal, where they will be told again. The situation for those coming from the Republic of Ireland to Northern Ireland will be different, due to the fact that they enter via an airport or ferry port in the Republic of Ireland and will not be informed that they need an ETA to enter the UK, because it will be assumed that they are simply staying in the Republic. Some of these people may decide, on entry, that they would like a visit to sample the many important heritage sites in Northern Ireland that have already brought significant financial spend into our local economy.

What is the solution? I suggest that the Government revoke the regulations or provide for an exemption. The Northern Ireland Tourism Alliance has already provided the basis for such an exemption to the Home Office. Obviously, I would prefer the revocation of the requirement, but I can see that it is necessary to be pragmatic in this regard. Therefore, I believe that the necessary exemption should be provided for.

Based on research by Tourism Ireland, a duration exemption for a period of five to seven days in Northern Ireland would mean that around 90% of international visitors would not require an ETA. This is a reasonable compromise that should be considered by the Government. The majority of people who are coming are coming simply for tourist reasons, not for any other ulterior motive.

This exemption should cover promotable visitors travelling to Northern Ireland from the Republic of Ireland as part of their trip to Ireland, including those travelling as part of a tour group or travelling independently. This minor adaptation is in keeping with the spirit of the original legislation and the Good Friday agreement, and would allow seamless tourism on the island of Ireland to continue in the majority of cases. It would protect our tourism economy, ensure clarity in marketing and eliminate disruption for most visitors.

Will the Minister tell us what progress has been made as a result of discussions with the Northern Ireland Tourism Alliance? What further discussions have taken place with the Irish Government following the exemption for legal residents from Ireland? I acknowledge that the Minister has indicated to the protocol committee, of which I am a member, in a letter dated 5 May, that the Government want to ensure that targeted messaging from the ETA scheme will take place. When will that communication campaign take place? What will be the content, and how will it take place? What progress has been made in discussions concerning the exemption?

I request that the Minister provides your Lordships’ House with answers to those questions in response to this debate. I urge him and his ministerial colleagues either to revoke the regulations or to go for the compromise involving the sensible, practical exemption for tourists and our tourism industry, considering that, in March, permission was already given under the regulations for legal residents of Ireland.

Tourism is a significant contributor to our overall economy, investing a considerable amount of money in the circular economy. A lot of people are employed in the tourism industry, which was impacted by Covid but is now recovering significantly. I urge noble Lords, if they have some time during the Recess, to consider visiting Northern Ireland to sample some of our most historic sites of heritage value and see the balance of mountains and sea—our significant landscape qualities.

To encourage people to come, it is important that barriers or impediments are not placed in their way. I urge the Minister to give positive consideration to revocation or, if that is not possible, an exemption which would ensure that promotable visitors can travel without the need for an ETA. I beg to move.

[Lord Dodds of Duncairn (DUP)]

My Lords, I am very grateful to the noble Baroness, Lady Ritchie, for raising this and for the opportunity to debate the matter once again; we have looked at these issues previously. I want to explore with the Minister a number of issues for clarification and explanation.

It should be said that the introduction of the electronic travel authorisation for the United Kingdom is, in principle, something that brings us in line with most other countries across the world. The European Union is introducing the European travel information and authorisation scheme sometime next year; the United States has ESTAs; Canada has eTAs if you transit through or travel to a Canadian airport; Australia has an ETA—this is not unique to the United Kingdom. All of us who have travelled to the United States are used to applying for ESTAs and so on. The European scheme, for instance, will require 1.4 billion people from over 60 visa-exempt countries to apply for their authorisation at a cost of €7. So this is broadly in line with what other countries are doing.

However, as the noble Baroness, Lady Ritchie, has mentioned, a particular issue has arisen in relation to the fact that the United Kingdom’s frontier with the European Union runs between Northern Ireland and the Irish Republic. That has given rise to a number of issues, which the noble Baroness has referred to. In that context, I ask the Minister for some reassurances about the work that the Government have undertaken to do with the Northern Ireland Tourism Alliance, as was spelled out in the letter of 5 May that the noble Baroness referred to from the right honourable Robert Jenrick MP to the protocol committee on which both I and the noble Baroness serve. There were commitments given in that letter to work with the Northern Ireland Tourism Alliance to ensure that visitors are aware of the ETA scheme requirements before travel. I would be grateful for some more details on that.

I would also be grateful for an assurance that, if this is to proceed, applications will be processed very rapidly. My experience, when I was in the other place helping constituents on a personal basis, is that the United States is able to process ESTA applications within a matter of hours. Surely that should be the case for ETA applications, so that international visitors who decide to come to Northern Ireland are able to have this processed very quickly.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, I start by thanking the noble Baroness, Lady Ritchie, for securing this short but very interesting debate, and those who have spoken in it.

It almost goes without saying that the Government’s number one priority is to keep the UK safe. To strengthen our border security, we are therefore introducing our electronic travel authorisation—ETA—scheme. As the noble Lord, Lord Dodds, observed, this approach is in line with the approaches of many of our international partners, which have already taken a similar step. The USA, Canada, Australia and New Zealand have similar schemes and, as the noble Lord identified, the European Union—at least the Schengen area and some others—is preparing to introduce a comparable scheme, the European travel information and authorisation system, or ETIAS.

The UK’s ETA scheme will enhance the Government’s ability to prevent the travel of those who pose a risk to the UK. For the first time, ETAs will allow us to screen non-visa national visitors in advance of the border and stop those who pose a threat travelling to the UK. To answer one of the questions of the noble Lord, Lord Dodds, the UK’s ETA scheme will launch in October 2023. The scheme will be rolled out in a phased manner from October 2023 until the end of 2024. It is our present understanding that the EU system will launch in 2024, and indications in the European media suggest a date following the Paris Olympics. The UK’s ETA scheme will make the UK a safer place.

The Government have carefully considered the concerns about the application of the ETA scheme within the common travel area, which, as the noble Lord, Lord Ponsonby, and others said, has been raised in both Houses and by many stakeholders in Northern Ireland and elsewhere.

In response to concerns raised about the impact of ETAs on the residents of Ireland who frequently cross the Northern Ireland/Republic of Ireland border, the Government have agreed to exempt non-visa nationals who are legally resident in Ireland from the requirement to obtain an ETA when travelling to the UK on a journey within the common travel area. I reassure the noble Baroness, Lady Suttie, that this was done in full consultation with the Northern Ireland Office. Perhaps I should also clarify, for the benefit of the noble Lord, Lord Murphy, that it was never proposed that Irish citizens would be subject to the ETA system. They, of course, have a special status and always have done, and that is enshrined in primary legislation. The only question that arose was what one did with third-country non-visa nationals within the Republic, and, as I say, they have now been exempted.

In order to benefit from that exemption, those who are legally resident in Ireland may instead, if required by a UK immigration official, present physical evidence that demonstrates their legal residence in Ireland. The Home Office will publish guidance on acceptable evidence before the end of July. I know the noble Baroness was asking me questions about that in the Select Committee, and I am delighted to provide her with a firm date for the publication of that guidance.

The Government have carefully considered requests to exempt those tourists visiting Northern Ireland from the Republic of Ireland from the ETA requirement, due to concerns that the requirement to obtain an ETA will be considered a bureaucratic barrier for international visitors visiting Northern Ireland from Ireland. While the Government entirely recognise the intention behind that request, an exemption of that kind would undermine the Government’s efforts to strengthen border control and make the UK, and indeed the common travel area, safer.

ETAs will for the first time allow us to have a comprehensive understanding of those seeking to come to the UK via the common travel area and, as I have said, to refuse them permission as appropriate. Exempting tourists visiting Northern Ireland from Ireland from the requirement to obtain an ETA would result in an unacceptable gap in UK border security that would potentially allow persons of interest or risk, who would otherwise be refused an ETA, to enter the UK legally, undermining the very purpose of the ETA scheme, which is to prevent the travel of those who pose a threat to the UK. The Government are therefore clear that individuals arriving in the UK, including those visiting Northern Ireland from Ireland, will be required to obtain an ETA. As I say, that is to protect both the UK immigration system and the common travel area from abuse.

It is well established as a principle of the operation of the common travel area that all non-Irish, non-British citizens travelling in all directions within the common travel area must enter in line with the laws of those jurisdictions. We are simply extending the same principle to ETAs when they are introduced. After all, visa nationals—that is, those people travelling from countries that require a visa to come to the UK or to the Republic of Ireland—are expected to do that in any event when crossing the land border, and if they fail to do so they will be entering illegally. However, as now, there will continue to be no routine immigration controls within the common travel area—that is obviously an important principle within the Good Friday agreement, as the noble Lord, Lord Murphy, pointed out—and no immigration controls whatever are maintained on the Northern Ireland/Republic of Ireland land border.

I assure the House that the ETA application process has been designed to be as quick and easy as possible for applicants to complete. It cleverly utilises technology to minimise the need for manual data entry by applicants. As part of our development of the application process and wider preparations for the launch of the ETA scheme, the Home Office has undertaken extensive user research, and we will continue to build on that even after the scheme is launched. I am pleased to inform noble Lords that our user research to date has been overwhelmingly positive, with test users reporting that the application process was easy and straightforward. It has deliberately been designed to be completed in less than 10 minutes. From my own experience of testing the mobile application on a smartphone, I assure noble Lords that the process for obtaining an ETA will be neither bureaucratic nor burdensome. I was in fact able to complete the process in under five minutes.

Once granted, an ETA will be valid for two years or until the passport used to apply for that ETA expires, allowing the holder to make many repeat journeys to the whole of the UK. Our objective is that applicants will be granted an ETA on the same day as their application. I hope that addresses the point made in relation to ESTAs, the American equivalent, by the noble Lord, Lord Dodds. I can reassure the noble Baronesses, Lady Ritchie and Lady Wheatcroft, that same-day travel should still be an option for the majority of tourists crossing the Republic of Ireland/Northern Ireland land border, even if they have not obtained an ETA further in advance and decide to make a spontaneous visit to Northern Ireland.

I turn briefly to the question of the fee. The Home Office will charge a fee for an ETA application. The fee will be competitive and comparable to similar schemes in operation. For example, the USA charges $21, Australia charges 20 Australian dollars and New Zealand charges 17 New Zealand dollars, all for applications made on their mobile applications, and those charges are equivalent to between £10 and £17. We expect to be able to confirm the exact cost of our ETA shortly. I am sure noble Lords would agree that this is a very small cost for travellers relative to the cost and benefits of visiting the UK. I therefore suggest that it is unlikely to deter the majority of genuine tourists and visitors. That is certainly the experience of other countries that already operate similar schemes.

Finally, in response to the questions raised by the noble Lord, Lord Ponsonby, regarding the impact assessment, the precise impact of the introduction of ETAs is uncertain and depends on the potential behavioural impact on the individuals wishing to travel to the UK. When these countries introduced this system, none of them experienced a dip in tourism. It is worth noting that the impact assessment will estimate the potential impact of the ETA introduction at the agreed fee level and again, as I said in Grand Committee, that impact assessment will be published shortly.

I can reassure the noble Lords, Lord Murphy and Lord Dodds, that the Government remain committed to the Belfast/Good Friday agreement, and to ensuring that there is no hard border between Ireland and Northern Ireland. In line with our commitments under strand 2, the Government remain firmly committed to working with the Government of the Republic of Ireland and representatives of the tourism industry, north and south, to ensure that the ETA requirement is communicated effectively. We are committed to doing all we can to mitigate any risk of it being seen as an increased barrier to cross-border tourism on the island of Ireland. My officials are meeting with the Northern Ireland Tourism Alliance, Tourism Ireland and Tourism Northern Ireland in early June to explore how we can best work together to communicate the ETA requirement.

We have made it clear that prosecutions for illegal entry offences will focus on egregious cases and not accidental errors. We will examine very carefully the individual circumstances of each case before deciding whether they should be pursued to prosecution. Ultimately, the Public Prosecution Service for Northern Ireland will determine whether a prosecution is appropriate and in the public interest.

I hope, therefore, that noble Lords acknowledge that the Government have listened to and addressed the concerns raised in this House and in the other place, by providing an exemption for those who are legally resident in Ireland when travelling to the UK on a journey within the common travel area, and by ensuring that the process of obtaining an ETA is quick and simple for those who require one. We are committed to working with relevant stakeholders to ensure that the ETA requirement is communicated effectively, so that we improve the security of the UK and the common travel area without impeding legitimate travel.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank all noble Lords who have contributed to and participated in this debate and thank the Minister for his response.

There remain some outstanding issues, notwithstanding the fact that officials from the Home Office will be meeting with the Northern Ireland Tourism Alliance, Tourism NI and Tourism Ireland, in early June, which I welcome. It would be useful if the Minister could provide me with an update on the outcome, because I am still concerned that there could be a considerable impact on tourism figures from the Republic of Ireland into Northern Ireland, since our local economy, in terms of jobs and the wider circular economy, depends on that. We are seeking a pragmatic solution to that issue if that is at all possible in terms of the exemption. I urge the Minister to look at that.

There have been varying perspectives. The noble Lord, Lord Dodds, brought an opposite perspective, with some important questions. The noble Baronesses, Lady Suttie and Lady Wheatcroft, and my noble friends Lord Murphy and Lord Ponsonby, brought another perspective, but the bottom line is that we want the Northern Ireland economy to thrive, to grow and to be boosted, and not to have any impediments or barriers placed in its way. So, looking forward to further responses from the Minister, I beg leave to withdraw.

Motion withdrawn.

Violence Against Women and Girls: Stalking

Baroness Ritchie of Downpatrick Excerpts

Thursday 23rd February 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I would hope that the police are already aware of it. As regards the public, the noble and learned Baroness makes a sensible point; it probably ought to be better known.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, as we approach International Women’s Day in a couple of weeks’ time, can the Minister outline what work is being done with the devolved Administrations and regions to counter the stalking of women and young girls, which is prevalent throughout the UK?

[Lord Sharpe of Epsom (Con)]

The noble Baroness makes a good point. Of course, this does not respect particular geographical boundaries. It is a devolved matter and, as noble Lords know, operational matters are left to the various police forces, but I will certainly make sure that my colleagues in the devolved departments are aware of the noble Baroness’s concerns.

Nationality and Borders Bill

Baroness Ritchie of Downpatrick Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

My noble friend Lady Suttie will deal with Motions T and T1. Finally, on Motion U, we find the Government’s reasoning bizarre. Pushing back flimsy dinghies in the English Channel will of course put lives at risk. I am pleased that the Lords Minister for the Ministry of Defence and the staff association representing Border Force officers have both suggested that neither the Royal Navy nor Border Force will engage in such tactics. On the one hand, the Government want to give personnel engaged in such tactics immunity from criminal and civil liability, but at the same time, they will have to be exercised in compliance with the European Convention on Human Rights and with the UK’s international obligations, in which case, no criminal or civil liability would arise. No matter what the Home Office thinks it will achieve by Motion U, we are satisfied that no one in their right mind would push back a boat full of migrants in the Channel, so we will not object to it.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support Motion T1 in the name of my noble friend Lord Murphy of Torfaen. As has already been explained, this amendment, in previous guises, was discussed in Committee and on Report. On those occasions, your Lordships’ House considered it a valuable amendment and that the Government, via the Ministers in the Home Office, working with the Northern Ireland Office, should see that this electronic travel authorisation does not take place. I have talked to many people and, as my noble friend has said, the requirement is unworkable and daft. I wish to give practical examples of that. It is also unenforceable. It would violate the very premise of reconciliation and bringing people together on the island of Ireland in terms of the Good Friday agreement. It would jeopardise important parts of strand 2, the north-south requirements. All this, in many ways, is simply a consequence of Brexit.

Our amendment says that those who are legally resident in the Republic of Ireland who have come from EU and other countries in the last year or so should be exempt from requiring an electronic travel authorisation if they wish to travel from the Republic of Ireland to Northern Ireland.

From a practical point of view, I have asked the Minister to consider the geography, because I believe the Home Office has not fully considered that. Let us take the county borders of Donegal and Tyrone, Donegal and Derry, and Donegal and Fermanagh. There is one village that straddles Donegal and Fermanagh, the small village of Pettigo. That border goes straight down the middle of it. One minute you could be in the Republic of Ireland and the next you could be in Northern Ireland. There is the case of Lifford in County Donegal and Strabane. There is a direct, symbiotic relationship between those towns, as they exist cheek by jowl. You can walk over the bridge from one to the other. The symbiotic friend of Belcoo in County Fermanagh is Blacklion in County Cavan. They exist cheek by jowl. In terms of the geography we are talking about, this proposal from the Government is unworkable and unenforceable.

I ask the Minister—and I say this to the Government in the most sincere terms—to please continue direct negotiations on the issue with the Irish Government, who are deeply fearful of the repercussions of this proposal for an electronic travel authorisation. They believe that it is unworkable and that it will impede tourism—an issue I am sure that other noble Lords will deal with. In that respect, the Minister referred to work with Tourism Ireland and Tourism Northern Ireland. I ask the Minister: what discussions took place with those bodies and what were the results of those discussions?

Apart from, I feel, being in breach of strand 2 of the Good Friday Agreement—and in breach of natural common sense—I say that a proposal for an ETA is not only inconvenient but disruptive, unworkable and unenforceable. Can the Minister tell us when the Government envisage introducing the secondary regulations in relation to the charging? I firmly believe that these are not required. I urge the Government to accept our reasonable amendment, which states that if the individual is legally resident in the Republic of Ireland, that should act as a reasonable exemption.

[Viscount Brookeborough (CB)]

My Lords, I rise to support Motion T1 in the name of the noble Lord, Lord Murphy. Because this is something which has been brought in, one must look at what the current situation is. The current situation is that it is an open border, and we have heard that there will be no one on it. Even before Brexit, the situation was that we had border officers at the airports and ports because of terrorism, drugs, human trafficking and whatever else. Those people are still there—so, in effect, what is this ETA actually going change? It is not going to put anyone on the border. We have already heard about people working either side of the border.

I declare interests in running a small tourism operation and because my brother is chairman of Tourism Ireland. I have not discussed this matter with him. He is perfectly aware of my feelings on it. However, the Minister rather brushed over consulting Tourism Ireland, Tourism Northern Ireland and the Government of Ireland—as if these discussions were going well. I have not spoken directly to people involved but it is my impression that these discussions are not going well. These two organisations and the Government of Ireland are entirely against this. They are against this in relation to the movement of people day by day doing everyday things. They are also against it from a tourism point of view.

A couple of years ago, the Government accepted that the passenger duty for airline passengers was an inhibiting factor, preventing airlines travelling to Northern Ireland because it was less in Dublin. They obviously accepted that it was an inhibiting factor because they dropped it and made it roughly equal—this was largely for tourists. So what are they proposing now? Putting on more than half of it to any tourist who wants to enter Northern Ireland. I ask the Minister for her honest opinion: if a £13 or £14 passenger duty inhibited people arriving in Northern Ireland, what is half of that—£6.50, plus apparently £10 or £12—going to do? Does she see this as an encouragement, or as something which will inhibit people coming north?

The Minister says that interested parties will be told—which must include travel agents and so on—in order to get people to put in for this. What will happen when somebody decides to come to Ireland as an island, and their travel agent says they will have to fill in an electronic form and pay extra money to go north, even if they want to come for a few hours? This is why I like the first amendment—because it talks about short periods of time. Noble Lords may not necessarily think that Northern Ireland is a holiday destination, but I can assure them that a lot of people do. In particular, the Titanic exhibition was voted the world’s leading tourist attraction a few years ago.

Those who have watched “Game of Thrones”—and I have not—will know that the world was hooked. Warner Brothers has invested millions of pounds in what is going to be an iconic visiting centre for “Game of Thrones” in Northern Ireland, and it is not all that far from the border. But what is going to happen? What does the Minister really think tourists are going to feel when they come to the island of Ireland and find a barrier? Some of us are pretty bad with IT anyway, and it is already difficult enough to do the filling in. Additionally, if this form is as light a touch as the Minister says, what possible checking can there be in it? Anybody can fill it in anyway. It is crazy to think that that will stop anyone.

We were talking just now about crossing the border; I will stop after this. Not only are Belcoo and Blacklion on opposite sides of the bridge, but we have in Fermanagh something that noble Lords probably do not know about: Concession Road, which runs between two Republic towns, Cavan and Clones, into the north and then back into the south. That is fact. If you had been on patrol at night during the Troubles, you would have known all about it. It caused immense problems, because Garda patrols were not allowed up that bit of road; we were allowed up it, but we had to cross a bog to get to it. The police could not get to it, because they did not particularly like bogs; they liked nice carts and whatever.

This is really unbelievable. The duty of government, surely, is to make laws not for filling pages of A4 but for something that can be implemented. Surely, it is a duty of government not to make laws that are entirely unenforceable.

Nationality and Borders Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

71: Clause 71, page 74, line 16, at end insert—
“(c) the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”Member’s explanatory statement
Under this amendment, persons who are neither British nor Irish would nevertheless be able to make local journeys from the Republic of Ireland to Northern Ireland without the need for an Electronic Travel Authorisation.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, Amendment 71 in my name and those of the noble Baroness, Lady Suttie, and my noble friend Lord Coaker was tabled in Committee and is brought back on Report because of the serious implications of Clause 71 for the cross-border economy between Northern Ireland and the Republic of Ireland. There are also social and health implications. With the utmost sincerity, I do not think that the Government have fully considered this issue. I am a member of the protocol scrutiny sub-committee in your Lordships’ House, which has discussed this issue. We wrote to the right honourable and noble Baroness, Lady Williams, received a response which we were not happy with, and have written again.

Clause 71 amends the Immigration Act 1971 to introduce these electronic travel authorisations. This provides for a pre-entry clearance system that requires anyone who does not need a visa, entry clearance or other specified immigration status to obtain authorisation before travelling to the UK, including on journeys within the common travel area, which the UK and Ireland are part of. Indeed, the present clause has been expressly formulated to ensure that CTA journeys are captured.

Obviously, as I said earlier, this system does not apply to British or Irish citizens, and it appears that the UK Government intend the scheme to apply on the land border between Northern Ireland and the Republic of Ireland, of which there are about 300 crossings on a very tortuous line, but this looks to be in breach of the rights provisions of Article 2 of the protocol. It also shows a total lack of understanding of this border, which has many crossings. Home Office Minister Kevin Foster confirmed that the ETA will involve payment of a fee and an online application.

However, I am more concerned about the economic, social and health consequences of Clause 71 for the people who live along the border between Northern Ireland and the Republic of Ireland, particularly those who are not Irish or British citizens, of which there are many, and many of them contribute to the economy in the Republic of Ireland and Northern Ireland, and have family who reside on the other side of the border.

Concerns have been raised about the impact of ETA on business, health, tourism, and recreational issues, as non-visa nationals in the Republic of Ireland would be required to obtain an ETA before a visit to Northern Ireland, a fact that has been recognised and raised by the Irish Government because it would have an impact on tourism to Northern Ireland. Many people travelling to Dublin Airport and Shannon Airport journey north to examine the beauty and potential of our tourism in Northern Ireland. In the context of an invisible land border that British and Irish citizens can freely cross, it is eminently foreseeable that many other people who have hitherto been able to similarly cross the border without any prior permission will largely be unaware of this ETA requirement.

The written response from the noble Baroness, Lady Williams, to our committee some weeks ago, and the response from the noble Lord, Lord Sharpe, in Committee to me do not adequately address the situation. They do not provide for the exemption to the ETA requirement for non-Irish British citizens who enter Ireland legally or are legally resident in Ireland and who do not currently require permission to enter the UK for short-term cross-border travel from Ireland to Northern Ireland. The noble Baroness’s points around enforcement in her letter, and the noble Lord’s response in Committee some weeks ago, are unclear and apparently inconsistent. While the letter states that the Government will not criminalise those who are simply living their everyday lives, the scheme as has been outlined would do exactly that for large numbers of people who currently cross the border without restrictions to access essential services, support supply chains, for education or visiting family.

It is worth pointing out that the UK’s ETA proposals would also undermine several core areas of north/south co-operation as set out in strand 2 of the Good Friday agreement. In this respect I, along with other noble Lords, have concerns on the areas of tourism and healthcare. Many of these were raised in Committee on this amendment. The ETA proposals threaten to undermine the mandate of Tourism Ireland as an all-island body set up under the framework of the Good Friday agreement, which exists to promote tourism on the island of Ireland, and disproportionately impact the sector in Northern Ireland. As I said before, most tourists enter the island via Ireland’s ports and airports, and 70% of the £1 billion tourism spending in Northern Ireland comes from foreign visitors.

The ETA scheme would also undermine established cross-border healthcare service provision and the recently signed UK-Ireland CTA healthcare memorandum of understanding, which establishes entitlement on the basis of residency. Healthcare in border regions is highly integrated—I think of Newry and County Louth, Craigavon and Monaghan, Fermanagh and Cavan, Altnagelvin and Letterkenny in County Donegal—with the closest service often across the border, including jointly funded cancer and cardiac services based in Northern Ireland and vice versa.

In this context, I ask the Minister: what discussions have taken place with the Irish Government? I know that the Minister for European Affairs in the Republic of Ireland met Home Office Minister Kevin Foster last week here in London. What was the outcome of those discussions? What discussions have taken place with Ministers in the Northern Ireland Office. I note that a Minister from the Northern Ireland Office is sitting here in the Chamber tonight. I would like to know what discussions have taken place to highlight the issues and problems and the very practical economic, social and health implications that these will have throughout the island. Have there been discussions with civic society—with the businesses that will be impacted, which gain from the employment of many of these people on a cross-border basis? Will there be any exemptions or special arrangements for people crossing the land border frequently from the Republic of Ireland? It would be preferable if ETA requirements did not exist, or were not required from the Republic of Ireland into Northern Ireland.

I say to the Government Front Bench that we are discussing something with political, economic, social and health consequences. It would be preferable if this section did not relate to Northern Ireland and the Republic of Ireland, because it will have severe implications and impact on our day-to-day work and living. That is the important consideration. It is ridiculous nonsense for this to be included in this part of the Bill, because it does not take account of those economic, social or health consequences.

In such circumstances, I ask the Minister to declare tonight that the Government will withdraw this provision. If not, will they come back at Third Reading to do so? If I do not get those undertakings here tonight, I will definitely press this amendment to a vote. I beg to move.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I asked my noble friend whether he was familiar with Rally Ireland, and he is not either. I will come back to the noble Lord with a specific answer. I had not heard of Rally Ireland before.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, this has been a very interesting debate. The noble Lords representing the Government should look to the Good Friday agreement, because that will provide the solutions to this issue. The North/South Ministerial Council, the British-Irish Council and the British-Irish Intergovernmental Conference deal with those east-west issues.

I have not heard anything from the Government that provides me with any consolation. I still ask them to come back at Third Reading with a possible amendment, but in this instance, I seek to test the opinion of the House.

Nationality and Borders Bill

Baroness Ritchie of Downpatrick Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

175: Clause 71, page 74, line 16, at end insert—
“(c) the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.” Member’s explanatory statement
Under this amendment, persons who are neither British nor Irish would nevertheless be able to make local journeys from the Republic of Ireland to Northern Ireland without the need for an Electronic Travel Authorisation.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, the amendment is in my name and those of the noble Baroness, Lady Suttie, and my noble friend Lord Coaker. Its purpose is to ensure that persons who are neither Irish nor British would nevertheless be able to make local journeys from the Republic of Ireland to Northern Ireland without the need for an electronic travel authorisation. Clause 71 amends the Immigration Act 1971 to introduce electronic travel authorisations. It provides for a pre-entry clearance system which requires anyone who does not need a visa, entry clearance or other specified immigration status to obtain authorisation before travelling to the UK. This includes journeys within the common travel area; indeed, the clause has been expressly formulated to ensure that CTA journeys are captured.

This system does not apply to British or Irish citizens or those who have already been granted leave to enter or remain in the UK. The system will impact mainly non-visa nationals, including EU nationals, who can presently enter the UK visa-free for set periods. Almost all such persons are presently automatically considered to have deemed leave to enter the UK when crossing into Northern Ireland on the land border. It is believed that new subsection (4) in Clause 71 has been drafted intentionally to ensure that persons who are travelling within the CTA and consequently would not need leave to enter the UK will still require an ETA.

In preparing for this amendment today, I spoke to both the Human Rights Commission and the Equality Commission based in Belfast, which have commitments under Article 2 of the Ireland/Northern Ireland protocol in all these matters. I spoke also to the Committee on the Administration of Justice, and my noble friend Lord Coaker and I spoke to representatives of the Irish Government based in the Irish embassy, who are deeply concerned about the impact of Clause 71 on tourism, not only in the Republic of Ireland but in Northern Ireland —for those people who come in to have a holiday via Shannon and Dublin airports and then move northwards.

It appears that the UK Government intend the scheme to apply on the land border and, so far, are dismissive of concerns raised. This looks very much like it is in breach of Article 2 of the Ireland/Northern Ireland protocol, which deals with specific rights of individuals. The clause shows a total lack of understanding of the border, which has many crossings. The noble Lord, Lord Patten of Barnes, who served in Northern Ireland as a former Minister and was chair of the Patten commission on policing, will be well aware of the geography not only of Northern Ireland but of the border area. I am sure that he would very clearly see the issues involved.

The situation for some time has been that almost all EU, EEA and non-EEA citizens who are non-visa nationals present in the Republic of Ireland can cross the land border freely on local journeys into Northern Ireland without any requirement for prior immigration permission. In some ways, the Bill conflates modern slavery issues with immigration, as well as with the necessities of an economy and tourism.

It has been the case for some time that citizens who are non-visa nationals present in the Republic of Ireland can cross the land border freely on local journeys into Northern Ireland, without any requirement for prior immigration permission. For EU-EEA citizens since Brexit, as was already the case with other non-visa nationals, permission in such circumstances is restricted to entry as a visitor and certain activities, such as work, are restricted when entering the UK this way. However, this system has allowed non-visa nationals resident in border areas in the Republic of Ireland to enter Northern Ireland freely for a range of activities, even visiting family members or for work purposes. I am aware of people who do that; they contribute to the economy in the Republic but have family in the north, and vice versa.

Under this new proposal, non-visa nationals resident in the Republic of Ireland will be required to apply in advance and pay for an ETA before crossing the border into Northern Ireland. It is clear that this will have a detrimental impact on non-visa nationals who need to enter Northern Ireland for activities such as visiting family, accessing childcare, carrying out permitted work engagements and accessing services and goods. This system will also impact the ability of members of the migrant community to take part freely in cross-border projects and programmes. I am sure the noble Viscount, Lord Brookeborough, living in County Fermanagh, will be well aware of these issues for people who are resident or working in Counties Monaghan, Cavan and Donegal.

Concerns have also been raised about the impact of the ETA system on business, health and tourism, plus recreational issues, as it would require non-visa nationals in the Republic of Ireland to obtain an ETA before a visit to Northern Ireland, a fact that has been recognised and raised directly with the Home Office by the Irish Government. This would have an impact on tourism in Northern Ireland, as many people travel via Dublin and Shannon airports and head northwards. Therefore, the Government’s ETA proposal will impact detrimentally on tourism and economic opportunities in Northern Ireland. It will act as a disincentive to people from North America coming northwards to visit the Mourne Mountains in my own area and the Giant’s Causeway in north Antrim, which are both geographical icons. My noble friend Lord Coaker will be aware of this from his time as shadow Secretary of State, when I travelled with him round the constituency of South Down.

In the context of an invisible land border that British and Irish citizens can freely cross, it is eminently foreseeable that many other persons who have hitherto been able similarly to cross the border without any prior permission will be largely unaware of the ETA requirement. There are legal impacts to this. I am a member of the protocol sub-committee in your Lordships’ House. We wrote to the noble Baroness, Lady Williams of Trafford, with a series of questions on 14 January. To my knowledge, we have not yet received an answer. We asked whether she would specify

“who will be required to have a valid ETA, and any exceptions to this; the form or manner in which an application for an ETA may be made, granted or refused; any conditions that must be met before an ETA application can be granted; the grounds on which an ETA application must or may be refused; the validity of an ETA (length of time and/or number of journeys); and the form, manner, or grounds for varying or cancelling an ETA”.

I hope the Minister answering this debate will be able to provide the Committee with some answers this evening and will exhort his colleague, the noble Baroness, Lady Williams, to reply to the chair of the protocol sub-committee. I ask again: can the Minister confirm whether holders of a frontier worker permit will be exempt from the requirement for a valid ETA? Will there be any other exemptions or special arrangements for people crossing the land border frequently from the Republic of Ireland?

It would be preferable if ETA requirements did not exist or were not applied when travelling from the Republic of Ireland to Northern Ireland. I understand that much discussion has taken place. I exhort the Minister to give such commitments here this evening. If he cannot, can he give a commitment that the Government are prepared to come back with an amendment on Report to deal with this matter and cancel ETA in such circumstances, because it is utterly crazy? Can the Minister specify what the results of those discussions have been? If the Government do not wish to adopt my amendment, will they bring forward an amendment on Report to deal with these issues?

I also agree with Amendment 175ZA in the name of the noble Baroness, Lady Hamwee. Although it is very much an exploratory amendment, it is a very important one that is allied to mine. I agree too with the amendment in the name of my noble friend Lady Chakrabarti, which I have also signed. It deals with the birthright commitment under the Belfast/Good Friday agreement and the onus on the Government to report on progress in giving effect to the nationality provisions of that agreement. We should always remember that the Belfast/Good Friday agreement states that people can identify themselves as

“and be accepted as Irish or British, or both, as they may so choose.”

For my part, I hold an Irish passport. I am Irish and I declare myself to be Irish, although I live in the UK—which I freely recognise.

I look forward to the Minister’s response. I thank noble Lords who will speak in support of these amendments, and I hope that the Minister brings us some positive news tonight, or that he indicates what the Government might do on Report.

[Baroness Suttie (LD)]

My Lords, I will speak in favour of Amendment 175 tabled by the noble Baroness, Lady Ritchie of Downpatrick, to which I have added my name. I also support Amendment 175ZA, in the names of my noble friends Lord Paddick and Lady Hamwee, and Amendment 186, tabled by the noble Baroness, Lady Chakrabarti.

I will be brief because I fully support and agree with the very powerful points made by the noble Baroness, Lady Ritchie. As it stands, the Bill does not give proper consideration to the economic and legal implications for the island of Ireland. Amendment 175 would amend the Bill so that all local journeys from the Republic of Ireland to Northern Ireland, including for people who are neither British nor Irish, could continue to be made without the need for electronic travel authorisation.

I will highlight three areas of concern about the proposals as they stand and would very much appreciate a response from the Minister. The first is the question of legal uncertainty. If the Home Office remains committed, as I sincerely hope it is, to no checks on the land border on the island of Ireland, how will it enforce this new measure in practice? As the noble Baroness, Lady Ritchie, has said, thousands of crossings are carried out each day by non-British and non-Irish residents in the Republic of Ireland who need to cross the border for work, leisure, family or educational purposes. There is currently no requirement or expectation that people carry passports if they live or work in the border areas. Given the very particular circumstances of the border areas in Ireland, I would be grateful if the Minister could explain how these measures will be enforced in practice.

The second area of concern is how these measures will sit with the existing commitments on the common travel area, as set out in the Northern Ireland protocol. The protocol sets out quite clearly that, irrespective of nationality, the rights and privileges contained within the common travel area will continue

“with respect to free movement to, from and within Ireland for Union citizens and their family members”.

Can the Minister confirm that this will continue to be the case?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I thank noble Lords very much for participating in this short but powerful debate. I thank the noble Baroness, Lady Ritchie of Downpatrick, and second the point of view of the noble Lord, Lord Coaker, that you bring—I said “you” again; I am very sorry—an interesting and unusual perspective to this debate. I thank her for that. In answer to the noble Baroness’s question about the letter to my noble friend Lady Williams of Trafford, the noble Baroness will have a reply in a week that will outline the details she asked for.

The Government are clear: there will continue to be no routine immigration controls on journeys to the UK from within the common travel area, and none whatever on the land border between Ireland and Northern Ireland. That will remain the position when the ETA scheme is introduced.

It may be helpful if I explain that all individuals, other than British and Irish citizens, arriving in the UK, including those crossing the land border into Northern Ireland, already need to enter in line with the UK’s immigration framework. I think this goes some way to answering the point raised by the noble Lord, Lord Coaker, about the hypothetical American wife or French girlfriend. I think it also deals with the point made by my noble friend, Lady Neville-Rolfe. For example, visa nationals are required to obtain a visa for the UK when travelling via Ireland, otherwise they are entering illegally. We are therefore applying the same principle to individuals requiring an ETA who enter the UK via Ireland without one.

The noble Baroness, Lady Ritchie, referenced Article 2 of the protocol. The Government consider that the ETA scheme is compliant, and they will continue to consider their obligations under the protocol with regard to this. I want to reassure the noble Baroness that the process for obtaining an ETA will be quick and light touch. I am told that it will be not dissimilar to acquiring an American ESTA, which I am sure many noble Lords are familiar with. As many people will know, that is very straightforward and easy. Once granted, an ETA will be valid for multiple journeys over an extended period, minimising the burden on those making frequent trips, including those across the Northern Ireland border. I perhaps should have said that I have had considerable experience of crossing that border on numerous occasions.

In terms of the specific questions on the CTA, as far as I am aware, it has nothing to do with Brexit. It predates Brexit does it not? It goes back to 1923 and partition I think, from my dim and distant memory. I am sure I will be corrected if I am wrong. All CTA members are firmly committed to protecting the common travel area. I will reiterate this point: even with the introduction of ETAs, there will be no routine immigration controls on arrivals to the UK from elsewhere in the common travel area—only intelligence-led controls with no immigration controls whatever on the Ireland/Northern Ireland land border. Given the tone of the debate, I hope noble Lords will allow me to keep reiterating that point.

[Baroness Ritchie of Downpatrick (Lab)]

I thank the Minister for giving way. Could he outline to the Committee how these ETAs will operate. Where will the work be carried out? How will people complete the necessary requirements and what will be the cost? These are the issues that the people are asking. They do not want ETAs to be a disincentive to tourism, the local economy or business generally.

[Lord Sharpe of Epsom (Con)]

I thank the noble Baroness for that intervention. I am going to come on to a number of those points subsequently. In terms of cost, I am told it will be competitive with international norms. I have just referred to the ESTA programme in the States. I looked that up this morning in anticipation of this, and it is currently $14, so it is not overwhelming. In terms of the enforcement, which I think is at the heart of the matter, I will come to that in a second if I may.

There will be no controls whatever on the Northern Ireland land border. Individuals will be able to continue to pass through border control at first point of entry to the common travel area. As is currently the case, individuals arriving in the UK, including those crossing the land border into Northern Ireland, will need to continue to enter in line with the UK’s immigration framework. Obviously, that includes the ETA.

Many noble Lords, including the noble Viscount, Lord Brookeborough, have asked about the impact on tourism. The Government acknowledge that a clear communication strategy is obviously going to be key to tackling any misunderstanding about the requirements to travel to Northern Ireland. We are planning to work across government, utilising internal and external stakeholders and a variety of communication channels to ensure that the ETA requirement is communicated very clearly.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I completely agree with my noble friend: obviously it is important to have well-established protocols in place if such a thing happens. I can assure noble Lords that the Home Office will ensure that passengers are not disproportionately impacted or prevented travelling to the UK. As is already set out in Clause 72, we will not penalise carriers where, due to a Home Office systems outage, it is not possible for them to establish an individual’s status.

On Amendment 186, the Government are steadfastly committed to the Belfast agreement and the two distinct birthright provisions in it: the right to identify and be accepted as British, Irish or both; and the right to hold British and Irish citizenship. In recognising the birthright of the people of Northern Ireland in respect of identity and confirming their birthright in respect of citizenship, the Belfast agreement is clear in guaranteeing that these rights already exist. It expressly and clearly said how and where the law should be changed in many areas but it made no such stipulation on this particular matter of identity.

This amendment would require the Home Secretary to propose stipulating a particular view of identity in law. Doing so would risk impinging on the freedom of the people of Northern Ireland to choose what their identity means to them. It would also amount to treating an integral part of the United Kingdom differently. The Government cannot accept such a proposition; nor can they accept an amendment that is contrary to the intention of the Belfast agreement.

I am aware that some of these answers have not satisfied noble Lords. As I said, I will reflect the tone of this debate back to the Home Office very carefully. I am also aware that I have not answered my noble friend Lord Moylan’s question about reciprocity; I am sure that he will forgive me for not even attempting to do so.

I invite the noble Lords not to press their amendments.

[Baroness Ritchie of Downpatrick (Lab)]

I thank all noble Lords who have contributed to this debate from across the Committee. I say to the Minister that I happen to agree with the noble Viscount, Lord Brookeborough: the proposal in Clause 72 is a nonsense and will be unworkable, not because people will not want it work but because it will be dysfunctional both physically and operationally. It will act as a disincentive to tourism and business, as well as to societal arrangements because many non-Irish and non-British people who live in the Republic of Ireland have family in Northern Ireland. There will be preventions there.

I urge the Minister to reflect on all the contributions that have been made today in his discussions with the Home Office. Again, I suggest that we will probably come back on Report with a further amendment on this issue because we do not want impediments placed in the way of our tourism industry, our economy, our business and the normal day-to-day travel of people who live on both sides of the land border, which is largely invisible as it stands. Noble Lords who have travelled a lot will know exactly what we are talking about.

For those reasons, I rather reluctantly beg leave to withdraw my amendment but reserve the right to bring it back on Report.

Amendment 175 withdrawn.