Refugees: Status

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I will work backwards through that question. The noble Lord mentioned Afghan judges. They are among those who have been granted leave to come to this country The UK Government—the MoD, the Home Office and the Foreign Office—are doing all they can to enable people who need our refuge to come here. The noble Lord also mentioned some very vulnerable groups, including the Yazidis. Of course, our immigration system is based on need. I will certainly take back his point about the embassies. He and I have discussed this in the past.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, for the avoidance of doubt, can the Minister indicate when the Government next hope to meet the UNHCR? As my noble friend Lord Dubs has said, it is the guardian of refugees worldwide.

[Baroness Williams of Trafford (Con)]

I can certainly take back the point the noble Baroness makes. As I said to the noble Lord, Lord Dubs, we meet with the UNHCR on a regular basis. It is a very important body and a well-regarded partner, with which we work closely.

Afghan Citizens Resettlement Scheme

Baroness Ritchie of Downpatrick Excerpts

Thursday 28th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

It is very difficult to give a figure for those who have not got out. I have given the figure for those who have got out—15,000—but it is difficult to know how many have not. Anybody contacted—and many people have contacted me—is signposted to GOV.UK to check the latest information on resettlement schemes. It is very difficult. There are people in your Lordships’ House who are desperately worried about family, friends and colleagues.

[Baroness Ritchie of Downpatrick (Lab)]

What ongoing discussions are taking place with the Northern Ireland Executive about the resettlement scheme for Afghans?

[Baroness Williams of Trafford (Con)]

We know that Northern Ireland has been very generous in resettlement. I have not been party to any of these discussions but I am sure they are ongoing, because Northern Ireland will of course want to play its part.

Strategy for Tackling Violence against Women and Girls

Baroness Ritchie of Downpatrick Excerpts

Thursday 22nd July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As the noble Lord will know, we are introducing the online pilot, which will be a repository for people to come forward if they are concerned about any element of violence against women and girls. The noble Lord is absolutely right that people can be harassed in broad daylight. Harassers are completely blatant in what they do, and there are existing offences which can include and address sexual harassment. However, as I said to the noble Baroness, Lady Gale, we will be looking at where there might be gaps in the law and how a specific offence for public sexual harassment could address them.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, can the Minister outline what preparatory work will take place to ensure that specialist work takes place in schools, workplaces, media and communities, on the harmful gender norms and stereotypes which underpin this violence against women and girls?

[Baroness Williams of Trafford (Con)]

One of the things that is quite well established is the procedure for reporting sexual harassment in the workplace, notwithstanding what we were talking about earlier in terms of non-disclosure agreements, which can be used wrongly to suppress sexual harassment.

I think education has to be where it starts, because as a child you develop the values, social norms and morals that you keep for life. The DfE has updated its statutory guidance, Keeping Children Safe in Education, for this September, which ensures that schools and colleges have even clearer guidance on how to deal with reports of sexual violence and sexual harassment, whether they occur inside or outside the school or college gates—or, indeed, online—and how to identify and take action to make sure that support is provided.

EU Settlement Scheme

Baroness Ritchie of Downpatrick Excerpts

Thursday 1st July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The East Timor issue has been drawn to my attention, and we will continue to encourage those who are eligible to apply as soon as possible. The noble Viscount will, I hope, know that we have granted £22 million-worth of funding until September of this year, and, as I just said to the noble Baroness, we will be scoping whether that support needs to continue. We have an organisation in Oxfordshire working specifically with the East Timor community.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I understand that, under the EU settlement scheme, there are no exemptions for seasonal workers in the fish processing industry, although there are exemptions in the edible horticulture sector. In view of that, will the Minister meet me to discuss how the issue will impact on the fishing sector in Northern Ireland and how this situation can be remedied?

[Baroness Williams of Trafford (Con)]

I am very happy to meet the noble Baroness to discuss both the horticultural and fishing industries. She will know that a pilot is currently under way for seasonal agricultural workers, but I am very happy to listen to her thoughts on it.

Daniel Morgan Independent Panel Report

Baroness Ritchie of Downpatrick Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I agree with everything that the noble Lord said. The Home Secretary definitely shares that urgency, seeing as she will be coming back to report HMICFRS’s findings towards the end of the year. It is worth pointing out now the work that national policing has done to tackle corruption, and that forces are periodically inspected on anti-corruption capabilities by HMICFRS—including this year. That does not take away from the report itself, which clearly shows that certain individuals are sadly lacking in that area.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I offer my sympathies to the family of the late Daniel Morgan and pay tribute to the noble Baroness, Lady O’Loan, for her report. Both the Minister and the Statement refer to the “periodic review” of the Independent Office for Police Conduct that will take place. Can she outline the timeframe for that review? How long will it take? In looking at governance structures, will it look at the issue that will deal with a form of institutional corruption, which the panel’s report high- lighted?

[Baroness Williams of Trafford (Con)]

There was due to be a review of the IOPC at the end of this year, and the Home Secretary is bringing it forward to start as soon as practicable in the next few weeks.

Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

Baroness Ritchie of Downpatrick Excerpts

Monday 17th May 2021 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for the explanation of these instruments, all of which are important in the fight against crime and criminality, and to ensure that the ill-gotten gains from crime do not fuel further levels of criminality in our society. Like the noble Lord, Lord Dodds of Duncairn, I welcome these prescribed codes because they will enable the Minister for Justice in Northern Ireland and those involved in tackling crime and criminality, such as the National Crime Agency, the Police Service of Northern Ireland and the Assets Recovery Agency, which was subsumed into SOCA, to do their job more effectively. We are fed up of seeing these criminal gangs feeding off their ill-gotten gains at the expense, in many instances, of deeply marginalised and vulnerable communities, particularly in urban areas.

The noble Lord, Lord Dodds, referred to one of the greatest acts of criminality—the Northern Bank robbery, about which there was a documentary and a BBC Sounds drama in recent weeks. Two of the people abducted lived quite near me, and were my constituents when I was a Member of the other place and of the Northern Ireland Assembly. They vividly told me what happened to them on that night, when they were imprisoned in their own homes and the husband was taken away to the Northern Bank to participate in the robbery of his own place of employment. Like the noble Lord, Lord Dodds, I agree that these new codes of practice should be used to find out how and why that money was stolen, where it is being used, how it has been disbursed and in what ways it is strangulating our society in Northern Ireland.

All these instruments are very important for the recovery of cash obtained under illegal circumstances. I have already referred to Northern Ireland; that is my starting point and, I suppose, my end point. I note that the revised code is required due to the commencement of outstanding provisions in the Criminal Finances Act 2017 in Northern Ireland, which grants additional powers to law enforcement and prosecution agencies that are already available in England, Scotland and Wales. All these codes have been amended to reflect the commencement of new powers in Northern Ireland. The Minister for Justice has been looking for these enhanced powers, which could not have been enacted earlier because of the lack of functioning political structures in Northern Ireland for three years. Thankfully, those were reinstated in January last year with the launch of New Decade, New Approach.

While I support and underline the importance of these prescribed codes, I would like the Minister’s reassurances that they were subject to an equality impact assessment. If not, why not? Are they human rights compliant? As others have mentioned, it is important that the prescribed codes themselves, in their guidance and in the powers, are proportionate and that they reflect good human rights practices. I am also in absolutely no doubt that many communities in Northern Ireland, particularly in urban areas but also in rural areas, have been left in a perilous state because of the actions of paramilitaries and gangsters who have tried to escape these rules in order to pursue and perpetuate their ill-gotten gains. That, I believe, must be stopped.

The National Crime Agency and the Assets Recovery Agency have important powers that need to be used proportionately and assertively. The Serious Organised Crime Agency concentrated on international crime, which was and is important, but it changed the threshold for crime detection. As a result, many others involved in paramilitary activity and gangsterism in Northern Ireland have escaped the net. It is important that those issues are looked at.

While I agree with these rules, it is important that we look at this in the all-Ireland sphere, because many of the paramilitary operations, with their gangland assets and ill-gotten gains, operate on an all-Ireland basis. They also operate through drug trafficking. Many drug barons operate in the south of Ireland and in Northern Ireland. There needs to be a greater level of co-operation. What efforts can be made with the Irish Government to look at this as an all-Ireland operation to tackle such crime, using these prescribed codes?

I am very happy to support these instruments because I believe that we and the Government must have the intention and power to deal with drug trafficking, money laundering and bank robberies on an all-Ireland basis to free our communities from the danger of paramilitarism and racketeering.

Undercover Policing Inquiry

Baroness Ritchie of Downpatrick Excerpts

Wednesday 14th April 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am not sure whether it is a reasonable forecast, but, responding to my noble friend’s points, I can say that the inquiry needs to deliberate promptly and with an eye properly on its use of public funds in order to do so.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister confirm what the direct role of the inquiry is around undercover policing with other police forces, given that infiltration took place in organisations with a UK-wide reach?

[Baroness Williams of Trafford (Con)]

I assume that the noble Baroness is referring to Northern Ireland. It is probably inappropriate to comment on that at this point, while judicial proceedings are ongoing.

Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for introducing these regulations. It is a pleasure to follow the noble Baroness, Lady Gardner of Parkes.

I understand that this instrument would align the legislative regimes in place across juxtaposed control sites by extending the powers that immigration officers have to use reasonable force, where necessary, at sites such as Eurostar terminals and operations at Calais and Dunkirk.

Like the noble Baroness, Lady Jones of Moulsecoomb, I have certain concerns about this piece of legislation. As a consequence of it, we are all too aware of the tragic scenes of migrants in Calais living in horrendous conditions, fleeing war-torn countries, facing a life of uncertainty and wanting to come to the UK. In dealing with these people, a humanitarian and compassionate attitude is required while working within the legislative requirements. Many of these people have had to make the choice to leave their war-torn country, having been separated from their family and neighbours. Their villages in Syria, Iran and Yemen have been destroyed.

In that context, I have several questions for the Minister. The House of Lords Secondary Legislation Scrutiny Committee noted that this was an instrument of interest and, in its report, indicated issues around reasonable force. Due to the fact that thousands of attempts have been made by individuals seeking to enter the UK illegally via the northern French seaports every year, and with many of those individuals not necessarily complying with immigration processes once intercepted due to the terrible conditions that they are fleeing from, it is considered necessary to grant Border Force officers at seaports the power to use reasonable force.

Can the Minister explain what is meant by “reasonable force” to take fingerprints? Will these people be restrained in some way? Will some form of physical force be used? Will they be placed in detention? Are these fingerprints taken for the purposes of deportation from the UK? What steps will the Government and Border Force officers take to ensure that no forms of xenophobia are displayed towards migrants? Will such elements of reasonable force be human rights-compliant? Have the various human rights organisations commented on this instrument and assessed its compliance with human rights legislation and international requirements in terms of respect for human beings?

I note that no impact assessment was required, a fact that was raised in the other place. Why was that the case? The order will have an impact on Border Force officials and on the individuals who could be subjected to reasonable force—of which I would like a definition. If that is the case, surely an impact assessment is required if there is going to be a significant impact, as this will be a much-enhanced operation when considered alongside the original work.

The Explanatory Note states:

“The Home Office has consulted with operational partners, as the persons most likely to be affected by the matters in this instrument, and are continuing to work with them to implement this instrument.”


Who are these operational partners and what is the nature and extent of their work?

When is the Home Secretary bringing forward the sovereign borders Bill to reform asylum, including curbing litigious human rights claimants who seek to delay their deportation from Britain after their cases are reviewed? I understand that such legislation, which is very worrying, will make provision for judges to place more weight on asylum seekers’ criminal records when considering their appeals against deportation. Is this instrument stage one in the process as the Government move towards the sovereign borders Bill and its implementation?

I am sad to say that I do not see much of an element of social justice in this piece of legislation. With the Covid-19 pandemic still raging, what are the requirements for quarantine arrangements for the migrants, who have already been subjected to so much terror and trauma in their lives? I look forward to the Minister providing answers to these questions.

Domestic Abuse Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Lord Rooker (Lab) [V]]

My Lords, I agree entirely with the points made by my noble friends Lord Kennedy of Southwark and Lord Hunt of Kings Heath. In some ways I applaud the Government’s amendments, and want to elaborate on one aspect—that of not being restrictive of the location, giving an example regarding education establishments.

Going back a long time to around the early 1990s, I had a couple of constituency cases which might in modern times amount to sheer stalking. The two unconnected complaints from constituents were that the perpetrator—we will use that term—was loitering outside the college where they had gone to do a course. One of them said that she was not really that interested in the course, but it gave her a regular place outside the house, which was good. The perpetrator would loiter on the public highway, particularly at break times, and she said, “He was trying to see if I spoke to anyone, because I am not supposed to speak to anybody other than him.” Now we know more about coercive control and widespread domestic abuse. While the definitions of “educational establishments” or “work” might be a bit tricky, this cannot just be confined to the home, because, as both my noble friends have said, people can leave their home to go to work for financial independence, but my example was of someone who decided to do a course because it was regular and got them out of the home. Because it was a regular place the perpetrator knew where they were going, and therefore that ought to be included when the Minister thinks about this and comes back on Report.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, particularly on this subject. I believe that there is an open door here when talking about the protection of abused people. At Second Reading, I stated that the Domestic Abuse Bill has the potential to deliver a step change in the national response to domestic abuse but that the legislation requires significant change to tackle gaps in the system and ensure equal protection and support for all survivors. I believe that this suite of amendments offers in a small way the opportunity to protect those who have been abused.

I support the amendments in this group in the names of my noble friends Lord Kennedy and Lord Hunt, as well as those from the noble Baroness, Lady Hamwee, and the noble Lord, Lord Paddick, as they are trying to strengthen the powers for dealing with domestic abuse.

Many people are abused not only at their place of residence but also at their place of work. In many instances, prior to the pandemic, people spent longer at work or an educational institution each day than at home. Strict provisions need to be put in statute to ensure that the person who is abused feels safe and is protected. If they have children at home, they should also be protected and should not be exposed to the type of abuse levelled at their mother, or be caught up in the tension that the abuse engenders. In particular, I refer to the amendments in the names of my noble friends Lord Kennedy and Lord Hunt of Kings Heath, which seek to ensure that those who make domestic abuse protection orders have discretion to consider the workplace as well as the home.

In many cases, the perpetrator will also seek out the person they wish to abuse, whether a former partner or an existing partner, in their place of work. I have some direct experience, involving an employee, of where the legislation was too weak. A lady who was a cleaner for us was deeply frightened and obviously did not wish to talk about it. The person carrying out the abuse stalked her place of work, waiting for her to go into and come out of work, and was quite intrusive when we were dealing with constituents who came into the office. Noble Lords can imagine that that type of abuse was levelled not only at his partner but at other people. The nature of the cleaner’s work meant that she worked in other places, and he followed her there and waited outside those houses until she came out. She was therefore continuously abused at her places of work. People in these circumstances deserve full protection under the provisions that may be made by the notices, and careful attention must be given to further provisions in the requirements that may be imposed by orders.

The Minister’s amendment, Amendment 75, while important and a welcome development, should include the workplace. I have no doubt that my noble friends Lord Kennedy and Lord Hunt will return to this issue on Report, when I shall be very happy to support them. Perhaps in winding up, the Minister can open the door further and accept these amendments as a means of trying to protect the abused person in the workplace and in educational establishments and to stamp out that level of heinous abuse.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator.

On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words

“may not come within a specified distance of … other specified premises”.

It would be helpful to know that to put noble Lords’ minds at rest.

I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out.

I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 11th January 2021 Lords Chamber

That actually does not answer my question: it is quite long but it does not answer my question. I need to know how conduct within a criminal conduct authorisation—or CCA—and any resulting profits will interact with the Proceeds of Crime Act. I need to know whether and how the Government will recover those profits. So far, my question has been totally ignored and the response—because it was not an answer—discussed only conduct that is outside a criminal conduct authorisation. This suggests to me that the Government are happy to allow criminals to benefit; therefore, this issue has to be probed further. Criminals will be allowed to keep any proceeds of a crime if the handler has authorised the crime—surely that is a complete anomaly. I would like to know exactly what the Government are thinking. I would be grateful if the Minister could answer my question about how profits made within a criminal conduct authorisation, which would otherwise be illegal, will be recovered. Otherwise, something quite corrupt is happening here; a handler can authorise a spy who could be an officer or a criminal already to keep money, and profits, from a crime. This has to be exposed and I really want an answer to my question.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure yet again to follow the noble Baroness, Lady Jones of Moulsecoomb. I support Amendments 1 and 2 in the names of the noble Baronesses, Lady Chakrabarti and Lady Moulsecoomb, the noble Lord, Lord Paddick; and I too am a signatory to Amendment 1. Amendment 2 seeks to preserve the current legal status quo, whereby those authorised to engage in criminal activity are not rendered immune from either civil or criminal liability. Instead, compliance with an authorisation will be relevant to any public interest consideration to prosecute, any existing legal defences and any court considerations as to civil liability and/or damages.

I feel that the existing legislation that we are debating seeks on the one hand to regulate in statute the use of covert human intelligence sources and, on the other hand, gives CHIS and their handlers a licence to kill. The recruitment of agents is undeniably necessary as part of intelligence-led policing; any such recruit should be a fit person, properly recruited, with free and informed consent and operating to human rights standards in police-led operations.

I listened very carefully to the words of the noble Baroness, Lady Chakrabarti. I recall saying in Committee that Northern Ireland has a particular experience to note in this whole area of using handlers and agents—not police officers but agents—and some of them were linked to criminal and paramilitary activities. We are a living example of what happens when the state, or the state through its agents, commits serious crimes, including murder. For that reason, I make a special plea to the Minister to consider these amendments and the Bill as currently drafted and to ensure that all protections are put in place to prevent any nefarious activity and any misuse of activity by handlers.

One example is the continuing investigation into the agent known as Stakeknife. Probably dozens were murdered on the instructions of those in command and control of the IRA with the knowledge and approval of those in command and control of a British security agent. Another example is Ken Barrett, a British agent involved in the murder of the lawyer Pat Finucane, which a former British Prime Minister, David Cameron, conceded had involved shocking levels of collusion—a fact reiterated at the end of November by Brandon Lewis, the current Secretary of State for Northern Ireland. There is also the example of Mark Haddock, an RUC Special Branch agent believed to have been involved in more than 20 murders.

I say to the Minister that Northern Ireland is a lesson from history, which the Government should take heed of in respect of the Bill. Serious crimes and murder committed by state agencies, or the agents of the state, lead first to a generation of victims and survivors, secondly to alienation, and thirdly to conflict. Yet this legislation, as drafted, would allow agents to commit serious crimes with extravagant powers given to handlers and a severe deficit in relation to authorisation and post-operational accountability. Hence the need for Amendments 1 and 2 to curb such illegal activity and to ensure that those who commit crimes are not immune from prosecution.

It is worth remembering that one of the 175 recommendations on new policing arrangements in Northern Ireland back in 1999—accepted but not addressed—was:

“There should be a commissioner for covert law enforcement in Northern Ireland.”


Maybe it is time to give this consideration now if the Government insist on pressing ahead with the Bill unamended. The noble Lords, Lord Dubs and Lord Rosser, referred to the need for prior oversight; this is one avenue that would facilitate prior oversight, albeit in the Northern Ireland context. As a result, there is no dedicated Northern Ireland covert oversight agency, and the UK arrangements to interrogate phone tapping or search authorisations should be more extensive.

I believe—I say this rather advisedly—that this legislation compounds the problem, with even less oversight of the authorisations that would arise under its provisions than is the case currently. The Bill is deeply problematic, and it could work against the need to tackle criminality and paramilitarism. Hence the need to ensure that those authorised to engage in activities are not rendered immune from prosecution, and hence the need for both amendments, calmly presented by the noble Baroness, Lady Chakrabarti, which I urge the Minister to accept. I hope that the Minister can respond in favourable and positive terms. I support both amendments and, if pressed to a vote, I will support them.

[Baroness Massey of Darwen (Lab) [V]]

My Lords, I shall speak to Amendment 3, which seeks to ensure that victims of criminal conduct carried out under CCAs can access compensation. My noble friend Lord Dubs has covered this amendment comprehensively, so I will simply add a few words of support. Like my noble friend Lord Dubs, I speak as a member of the Joint Committee on Human Rights, whose legislative scrutiny report on the Bill was published last November. I am pleased that the Government have published their response to that report today. We shall no doubt refer to it during our deliberations on the Bill.

This amendment relates to paragraphs 104, 107, 108 and 110 of the Joint Committee on Human Rights report. Its purpose relates to rights under the European Convention on Human Rights, and it mirrors the system in Australia which

“provides indemnification for any participant who incurs civil liability in the course of an undercover operation”,

as described in paragraph 110 of the Joint Committee on Human Rights report. It states:

“The effect of this provision would be to ensure that the participant (i.e. the CHIS) would not suffer the consequences of civil liability, but it would also ensure that the victim of the conduct would obtain civil redress while secrecy is maintained.”


I think the amendment is clear and I look forward to the Minister’s response.