Crime and Courts Bill [HL]

Baroness Smith of Basildon Excerpts

Tuesday 18th December 2012 Lords Chamber

[Baroness Smith of Basildon]

My Lords, I see that the Minister is eager to respond, which I can well understand. I do not intend to detain the House; the noble Lords, Lord Avebury and Lord Pannick, the noble Earl, Lord Listowel, and the noble and learned Baroness, Lady Butler-Sloss, have made some powerful points. There were some important questions there, particularly regarding the policy of the Home Office, to which it would be helpful if the Minister is able to respond.

On the point made by the noble Lord, Lord Elton, an unusually large number of amendments are before your Lordships’ House today for a Third Reading. I do not recall seeing as many in my time in this House or in the other place. I can see Ministers nodding in agreement. Perhaps they could consider whether the Bill’s needing considerable discussion has something to do with its inadequacy when it was first presented to your Lordships' House. Noble Lords have made great efforts, particularly where they have supported the Government’s policies in principle, to look at the detail. However, in many cases—and perhaps understandably given that three completely new sections of the Bill were not envisaged when the timetable was set, and given the changes of Ministers and changes of policy that we have seen—it has been very difficult.

I appreciate that time is limited today, and I do take issue with the scheduling. We have three important debates with a large number of speakers tonight, and it will be difficult to complete the business within the rules of the Companion, to which the noble Lord, Lord Elton, was right to draw the House’s attention, so I do not wish to repeat the comments that have been made. However, there are some important questions here.

I raised some questions on Report which came back to the issue of public safety. As the noble Lord, Lord Pannick, pointed out, people understand, and I think that the House understands, why if somebody is a danger to the public they should not have leave to remain. The question is about the process and why somebody becomes a danger to the public when they leave the country, as the noble Lord said, but not when they are in the country. There is an issue of process here and it would be helpful if the Minister were able to address those points. However, noble Lords who have already spoken, including the noble Lord, Lord Avebury, have raised and done justice to the issues, so I do not intend to repeat them, but I would be very interested in the Minister’s response.

[Lord Elton]

Before the noble Baroness sits down, I should say that the Clerk of the Parliaments has kindly pointed out that I should have been looking at paragraph 8.143, not 8.142; therefore what we are doing is in order, but is far in advance of anything I remember in my earlier years. However, things do move on.

[Baroness Smith of Basildon]

I readily concede the noble Lord’s encyclopaedic knowledge of the Companion, but I think the reasons why the amendments have been brought forward today are very good. However, it is unusual, and perhaps it would have been better to have had longer discussions about some of these issues, and to have had responses that satisfied the House earlier in the Bill’s proceedings.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, I am sorry if my responses on Report failed to satisfy the House; I hope that I can satisfy it today. I understand that the scheduling of today’s business was agreed through the usual channels, and nobody has a more vested interest in the speedy resolution of business than I do, as I believe I will be the last speaker on today’s business.

My noble friend quite rightly pointed out that his amendments are similar to those which he tabled on Report. I explained then that our principal reasons for resisting the first amendment were the detrimental impact on the statutory appeals framework, and the increased number of appeals and costs that would result. Although this amendment is framed more tightly and specifically, the same detrimental impact will result from it. While I recognise the intention of the amendment is to reduce the delay in bringing an appeal for children and trafficked persons, the consequences for the appeals framework are not justified.

Only a minority of unaccompanied children who claim asylum are affected by this policy in the way described by my noble friend Lord Avebury. It affects only those who are older than 16 and a half when refused asylum but granted some other form of leave. These children are close to adulthood and have a right of appeal should a decision be taken to remove them after their leave runs out at age 17 and a half. As I said last time, this delay is not unreasonable.

I say to the noble Earl, Lord Listowel, that the age of 18 is a statutory boundary between childhood and adulthood, and Governments have to live within the constraints of that. It is important to recognise that in all cases, before a child or trafficked person is removed from the UK, they will be entitled to a right of appeal. That is part of the process.

The Government’s policy ensures that individuals do not have multiple appeal rights over a brief period of time, possibly raising the same arguments on each occasion as matters may not have evolved since their last appeal. The amendment would undermine this key principle of the Secretary of State’s asylum appeals framework.

I turn now to Amendment 5, which my noble friend has also brought back. As I set out previously, the individuals we are seeking to capture in this clause are those excluded by the Secretary of State—that is to say, they are individuals who pose the highest threat to the public, be it for engagement in terrorism, serious criminality or unacceptable behaviour. It is therefore only right that an appeal against the cancellation of leave decision that accompanied the Secretary of State’s decision to exclude takes place from outside of the United Kingdom.

To be absolutely clear—I do not want noble Lords to feel that I am seeking to mislead them in any way—and as has been raised in previous debates, there is no policy of waiting for an individual to leave the United Kingdom before excluding them. Indeed, a series of deportation orders in cases in respect of national security activity are ongoing at the moment. However, in many of these cases we are talking about a situation where an individual leaves the United Kingdom for a period of time to meet with like-minded individuals and potentially to acquire new skills which, if utilised back in the United Kingdom, can pose a significant and serious threat to the population as a whole. That is why in such cases, having seen the intent of their activities while abroad, the Secretary of State takes the decision to exclude on the grounds of non-conduciveness. It would be a highly risky strategy to allow such individuals simply to come back to the United Kingdom and to exercise a right of appeal. It would also undermine a crucial disruption tool used for the protection of the general public.