Queen’s Speech

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 21st October 2019 Lords Chamber

[Baroness Williams of Trafford]

I could agree with that, but I give the noble Lord the example of Wythenshawe in Greater Manchester, which has the largest council housing estate in Europe. It had one intervention, to bring the tram through it. The houses are still not worth very much, but in percentage terms they have had the greatest increase in value in Greater Manchester. That is an example of where strategic intervention really helps places to grow without particular legislation. Like everyone else, I look forward to the White Paper and contributing to it. As the Prime Minister said in Rotherham recently, we are going to do devolution properly: I know my noble friend Lord Heseltine will have great hope. We are going to maximise the power of the north, with more mayors across the whole of the north.

The noble Lord, Lord Shutt, raised Yorkshire. The Prime Minister also welcomed the establishment of a Yorkshire committee as a practical step facilitating greater collaboration on a Yorkshire-wide basis. I echo that and the bespoke ongoing discussions across Yorkshire to ensure the most appropriate arrangements. I have the scars on my back from some of the earlier discussions in Yorkshire. The noble Lord, Lord Scriven, and my noble friend Lord Heseltine talked about the shared prosperity fund. We recognise the importance of reassuring local areas on the future of local growth funding once we have left the EU and providing clarity on the SPF. We will consult on the fund, alongside the White Paper, so that people have an opportunity to contribute their views on its design and priorities.

There is a lot of support in your Lordships’ House for the Domestic Abuse Bill. It came first from the noble Lord, Lord Kennedy, but I think most noble Lords mentioned it. One thing he brought up—and I look forward to discussing it with noble Lords—was GPs charging fees to victims for providing a letter evidencing abuse. I did not know that that was the situation; I am really appalled to hear about it and I can advise him that the department of health is working with a range of other departments and agencies, including the Ministry of Justice and the British Medical Association, to assess the scale of the problem and find out how many GPs currently charge for this service and how much. Gathering the evidence is the first necessary step, but I deplore the fact that it is going on.

On equalities, my noble friend Lord Bourne talked about the Race Disparity Audit. He knows that it is to drive change by publishing authoritative data and analysis about ethnic disparities, differences of treatment or outcome affecting people of different ethnicities. The website “Ethnicity facts and figures” now covers 176 different topics across education, healthcare, criminal justice and the economy. The Government are committed to acting on the data provided. He also talked about Gypsy, Roma and Traveller communities. At that hate crime service there was a commemoration of a boy in Liverpool who was killed because he was a Traveller. He is absolutely right that the Race Disparity Audit shows that people from Irish Traveller and Gypsy Roma groups have the highest rates of temporary and permanent exclusions. In response, the Government commissioned the Timpson Review of School Exclusion, published earlier this year. The report stressed action to ensure that permanent exclusions are only used as a last resort, and made 30 recommendations which are currently being considered.

The noble Lord also talked about the definition of Islamophobia. As he knows, the APPG definition would create practical and legal challenges. It is absolutely vital that we get it right and that any definition reflects the experiences of those who have experienced anti-Muslim hatred. That is why we are appointing advisers to lead a review on the definition of Islamophobia. As he knows, the first of the advisers, Imam Qari Asim, was appointed on 23 July.

The noble Baroness, Lady Pinnock, talked about the reform of the adult social care system. We have given government access to £1.5 billion of additional funding for adult and children’s social care next year, and we will set out proposals to fix the crisis in social care in due course. I am sorry to say that there is no consensus on the best way to reform the system, but we need to get it right. I am afraid I cannot commit to a timeline at this point.

My noble friend Lady McIntosh of Pickering talked about the Hague convention. We are committed to continued co-operation with the EU in cross-border, civil and family cases after Brexit. In particular, we are keen to ensure that there are clear rules on which court should hear a cross-border case and that UK legal decisions can be recognised and enforced in the EU. We will work with our European partners to establish the exact nature of a future agreement.

On policing, the noble Lord, Lord Hogan-Howe, gave his support, and I am pleased that other Peers also welcomed the commitment to policing through the recruitment of an additional 20,000 officers over the next three years. We are also committed to wider support and protection as part of the police covenant, which I was pleased to hear the noble Lord welcome. The Home Secretary has made it clear that she will give the police the tools they need, as evidenced by the recent pledge of £10 million to equip police officers with Tasers.

The noble Lord, Lord Paddick, talked about the recruitment of BME officers in the 20,000 uplift. There has never been a more important time to ensure that we increase the diversity of people joining the police so that the police look like the diverse community they serve. Of course, we want to attract talent from the widest possible pool. As of March this year, we have the highest proportion of BME and female officers since records began. There is further to go, but this is a promising step towards reflecting the community that the police serve. Work by police forces is already under way to ensure that they have a more representative workforce than ever before.

The noble Baroness, Lady Lister, asked about extending welfare mitigations to Northern Ireland. The Secretary of State for Northern Ireland does not have the power to instruct the Northern Ireland Civil Service; I am afraid that any legislation to extend welfare mitigations would have to be for a restored Executive.

She also talked about breakfast club funding; the Government are investing up to £26 million in the breakfast club programme, using funds from the soft drinks and industry levy revenues. The contract was awarded to Family Action in March 2018 and will run until March 2020. Family Action, in partnership with Magic Breakfast, have both been named as the leading charities responsible for running the breakfast club programme. Family Action is distributing the appropriate funding to participating schools that meet the eligibility criteria. The noble Baroness shakes her head.

[Baroness Lister of Burtersett (Lab)]

I am sorry to intervene, but my question was: what will happen after March 2020? The evidence from the charities was that it is very successful but they are anxious about what will happen.

Asylum Seekers: Employment

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 7th October 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I do not doubt that asylum seekers have a range of skills; just because they are asylum seekers, it does not mean they do not possess skills. But it is important to distinguish those who need protection from those who want to work and not to blur the two.

[Baroness Lister of Burtersett (Lab)]

My Lords, surely it is in the interests of the economy, as well as those seeking asylum, to enable them to work. All the evidence, from other countries and here, suggests that is important to their mental health and future integration. It is supported by the general public and a majority of the senior managers who were recently surveyed on this.

[Baroness Williams of Trafford]

I agree with what most of what the noble Baroness says. Asylum seekers can do voluntary work, which would certainly improve their mental well-being, but I disagree about the benefit to the economy.

British Nationality Act 1981 (Remedial) Order 2019

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 23rd July 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, in this day and age, I think that we can all agree that the law should not discriminate against people simply because their parents were not married when they were born or discriminate against people just because it was their mother who was British and not their father.

The draft British Nationality Act 1981 (Remedial) Order seeks to remove discriminatory provisions in the British Nationality Act 1981 for those applying for British citizenship under specific routes introduced to address historic discrimination against those whose parents were not married. The draft order was first laid in Parliament in March 2018.

This means that, once the law is changed, those seeking to register as British citizens who were born to an unmarried British father before July 2006 or to a British mother before 1983 no longer need to demonstrate that they are of good character where it would be discriminatory to require them to do so.

In two separate cases, the courts declared the good character requirement unlawful and made a declaration of incompatibility with the European Convention on Human Rights. The legislation will correct incompatibilities identified by the domestic courts by removing the good character requirement for those applying for British citizenship in certain routes on the basis of historic discrimination. I am grateful to the JCHR for its scrutiny of the order and its careful consideration of a hugely complex and sensitive issue.

The remedial order process to correct incompatibilities in primary legislation with the European Convention on Human Rights is rarely used. It is therefore right that each order is scrutinised carefully to ensure both compliance with the procedure laid down in the Human Rights Act 1998 and to ensure that incompatibilities found by the courts are addressed.

The Government welcome the committee’s recommendation that this order be approved today. However, it remains our position that the wider nationality issues raised by the committee go beyond the judiciary’s incompatibility rulings and are therefore outwith the scope of the order. I commend the order to the House and beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I wish to use this opportunity to raise three burning injustices addressed by the Joint Committee on Human Rights in its report on the order. The first two concern children who have to register their citizenship entitlement because of their parents’ status. The third concerns the denial of citizenship to the offspring of fathers from British Overseas Territories who were not married to their mothers.

First, I and others in both Houses have many times raised the question of the level of fees charged to children who were born or who have spent most of their lives here, who are entitled to British citizenship but who have to register their entitlement because of their parents’ status. The fee is £1,012, of which only £372 represents the administrative cost of processing registration. Ministers bristle when the rest is referred to as profit, but profit it is even though it is ploughed back into the system to subsidise totally separate Home Office immigration functions.

The JCHR spells out what this means, stating that,

“children from more disadvantaged backgrounds, and children in local authority care who are less likely to be able to afford the fees are more likely to be disadvantaged by the fee level impeding their ability to register as British nationals”.

The committee echoes the concerns raised by the Select Committee on Citizenship and Civic Engagement, of which I was a member. It concludes:

“Home Office fees for children who have a right to be British should be proportionate to the service being offered and should be priced at a rate that is accessible for children accessing their rights. This is not the case at the moment since fees for children are three times more than the cost of the service—four-figure fees merely to register an existing right to be British are unacceptable. Disproportionately high fees should not exclude children from more vulnerable socio-economic backgrounds from accessing their rights”.


I shall not rehearse all the arguments again other than to remind the Minister that citizenship matters, not just for practical reasons such as access to higher education but for reasons of belonging, identity and security.

I find it depressing that despite the Home Secretary’s admission more than a year ago that the fee represents a “huge amount” and that he should look at it, despite concerns raised repeatedly in both Houses and despite the chief inspector’s critical report, nothing has happened other than that the fee was not raised this year. It is not good enough that we continue to be fobbed off with vague assurances that the matter is “under consideration”. Will the Minister explain exactly what is meant by that? Is it active consideration? If it is, who is considering it and how, and when will the results be made public? If not, when will it be actively considered?

As if the exorbitant fees were not bad enough, these children are also subject to what is called the good character requirement. The JCHR report traces the history of this and how it was inappropriately extended to this group of children, who are entitled to British citizenship, wrongly referred to by a Minister at the time as “coming to the UK”. This is an example of how, time and again, the Home Office conflates and muddles up nationality law, which establishes who is entitled to British citizenship, and immigration law, which is quite separate. The JCHR, and those giving evidence to it, questioned the appropriateness of applying the test to children who were born in, or have grown up in, the UK. It again cites the Select Committee on Citizenship and Civic Engagement, which questioned the age—10—from which the test is applied. The JCHR concludes:

“It is inappropriate to apply the good character requirement to young children with a right to be British, where the United Kingdom is the only country they know and where they have grown up their whole lives here’.


The JCHR is also critical of how Ministers refer to “heinous” crimes in relation to the test, ignoring how it is applied also to cautions, minor offences and some forms of non-criminal behaviour. Indeed, it notes that half the children denied their right to British citizenship on good character grounds have not even received a criminal conviction, let alone been prosecuted for a “heinous crime”. It notes that the Home Office has updated the guidance in response to an earlier report by the chief inspector, to make clear the duty of,

“safeguarding and promoting the welfare of children’,

and to make,

“the ‘best interests’ of the child a primary consideration”.

However, in essence, the revised guidance does not address the concerns raised and the JCHR observes that it seems that,

“to date, the best interests of the child and child safeguarding obligations are not being adequately taken into consideration in Home Office decision-making”.

It reports that the Home Office has still been unable to explain or justify why the test is applied to children who know no other country and, in particular, to children as young as 10 so that the policy,

“is preventing children whose only real connection is with the UK from becoming British”,

contrary to what was originally intended. It calls on the Government to review the application of the test again in view of their,

“obligation to consider the best interests of the child when considering the impact on children with such a close connection to the UK”.

It also says that the Home Office has failed to explain why a child should be deprived of this important right merely on the basis of a police caution. Will the Minister now give an explanation of, and justification for, applying the test to these children, undertake to review its application, as called for by the JCHR, and, while carrying out the review and without further delay, undertake to limit its application to serious crimes so that minor offences are excluded?

I pay tribute to those who have campaigned relentlessly on these issues, in particular the Project for the Registration of Children as British Citizens, and give due notice to the Home Office that their champions in this and the other House do not intend to give up the fight. With a new Prime Minister, why not put an end to these two injustices and claim some credit for doing so? I also pay tribute to those who have campaigned on the final citizenship injustice I will raise, particularly one of its victims, Trent Miller, who has been writing to me about it ever since I acted as a humble foot soldier to the late and much missed Lord Avebury who went as far as the constraints of the Immigration Bill allowed on this issue during its passage in 2014.

The JCHR refers to the recommendation made in its previous report in 2018. It deemed it ‘unacceptable’ that acquisition of British nationality should depend on whether a person’s father or mother was a British Overseas Territories citizen and on whether or not their parents were married. It recommended urgent legislative action to remove this discrimination affecting those born before July 2006. The Government’s response was that they would undertake consultation with the overseas territories at a point when a suitable legislative vehicle was identified. The JCHR expresses dismay at this further delay. It also notes that the Explanatory Memorandum to the order explains that the legislatures of the overseas territories,

“have not been consulted since they have no competence in matters relating to nationality and citizenship”.

One might have thought that the Government would have known that before committing to such consultation. As it is, we seem to be back we where we started. The JCHR was unsurprisingly not impressed, and made it clear that:

“The Home Office and the Foreign and Commonwealth Office should not wait to consult on this at some unspecified point in the future, but should take action to consult and actively seek to remedy this human rights violation as swiftly as possible, rather than proffer excuses for delay”.


In fact, according to a Written Answer I received on 10 May, it seems there has been “engagement” with the British Overseas Territories to,

“seek their views on possible future changes on the matter”,

and, once again, there are those weasel words:

“This matter is under consideration”.

--- Later in debate ---

[Baroness Williams of Trafford]

I thank all noble Lords for their contributions to this debate, which has lasted longer than it did in the other place. That does not surprise me, because your Lordships are so much more forensic.

Most noble Lords made similar points, the first of which was around the good character test for children. The good character requirement for British citizenship is set out in the British Nationality Act 1981 and applies to those seeking to register as British who are aged 10 and over at the time of application. This is because 10 is the age of criminal responsibility in England and Wales. Children as young as 10 can and do commit very serious acts of criminality, such as murder and rape, and it cannot be right that such offences are disregarded when assessing a child’s suitability for citizenship. The Government do not believe that the good character requirement for children is at odds with the statutory obligation in Section 55 of the Borders, Citizenship and Immigration Act 2009.

However, I wish to make clear—I think it was either the noble Lord, Lord Dholakia, or the noble Lord, Lord Rosser, who raised this issue—that having a criminal conviction does not necessarily mean that an application for citizenship is automatically refused, particularly in the case of minor offences attracting an out-of-court disposal: for example, a youth caution. Each case is considered on its individual merits, and guidance for caseworkers makes it clear where discretion can be exercised.

The noble Lord, Lord Rosser, raised the issue of repeated fees—

[Baroness Lister of Burtersett]

Before we move off the good character test, while it is helpful to have that explanation, could the Minister explain how, according to the JCHR, half of the children denied their entitlement to British nationality on the grounds of good character have not even received a criminal conviction, let alone been prosecuted for the kind of dreadful crimes that she mentioned.

[Baroness Williams of Trafford]

I will write to the noble Baroness on that because if people have not even had a conviction or indeed been found guilty of any small crime, that would appear to contradict what I was saying.

All noble Lords asked about the fees for children. The noble Lord, Lord Russell, made the distinction between ILR and citizenship. That is absolutely right. Upon application for citizenship there is a fee, but citizenship is not an absolute right and acquisition is not automatic; it remains subject to an application being made and the fulfilment of statutory requirements such as taking an oath and making pledges at a citizenship ceremony in the case of adults, and the payment of fees. There are provisions for those who are destitute, including children living in local authority care, to be exempt from application fees in specific circumstances. This is clearly set out in guidance for caseworkers and the Government consider it sufficient to allow vulnerable children to access the services they need. Nevertheless, I am aware that this issue has been raised several times recently, both in this House and in the other place, as well as being the feature of the recent inspection by the Independent Chief Inspector of Borders and Immigration. Given the attention that this subject has attracted, the Government have agreed to keep the current position under review. Before the noble Baroness, Lady Lister, screams in frustration, I will keep the House updated on that. Clearly, we are about to go through a period of slight flux with a new Administration, a comprehensive spending review and a new Prime Minister, so I hope the noble Baroness will forgive me for being a bit more vague on this occasion. I do not think she does, but it is as much as I can say at this time.

The noble Baroness, Lady Lister, and the noble Lord, Lord Rosser, talked about the British Overseas Territories. The JCHR is concerned that the discriminatory provisions this remedial order seeks to remedy will still apply to British Overseas Territories citizens. Regrettably, that is true. When changes to nationality legislation were made, they were introduced at a very late stage in the parliamentary process and there was no time to consult fully with the territories about introducing similar provisions for the status of British Overseas Territories citizens. It would not have been right to introduce legislation that would affect the territories and potentially the status of those living there without that consultation. We recognise the difficulties that still are faced by those citizens who might want to pass on their citizenship to their children and we are actively considering how best to address those concerns, taking into account the opportunities for doing so.

The noble Lord, Lord Rosser, asked about the compatibility of the order with the ECHR. The draft order is compatible with human rights; we confirmed this in the Explanatory Memorandum that was relaid yesterday.

[Baroness Lister of Burtersett]

I am sorry to interrupt again. I am slightly behind so I am a bit out of sync. I am very confused now because the Minister said it would not be right to make these changes without consulting the British Overseas Territories, but the Explanatory Memorandum says that British Overseas Territories have not been consulted since they have no competence in matters relating to nationality and citizenship. There is also the Written Answer to me saying that there has been engagement with them. If not now, could the Minister explain in a letter what exactly is the state of play in relation to the British Overseas Territories and whether it is possible to move this on, because it has been going on for a long time.

[Baroness Williams of Trafford]

The noble Baroness makes a very valid point. I suspect the answer is that engagement is not the same as formal consultation, and we do not tend to do things to the overseas territories without consulting them formally. I will confirm that to her if I can. She is right that we need to remedy this sooner rather than later because there is a gap which needs to be sorted.

The noble Lord, Lord Rosser, asked about a government response to the JCHR report. The Immigration Minister will today respond to the JCHR’s most recent recommendations and a copy will be laid in the Library.

Immigration: Children

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 23rd July 2019 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what assessment they have made of the impact on children of the no recourse to public funds immigration condition.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government work with local authorities to support families with children who are subject to the no recourse to public funds condition. The condition applies to migrants with no leave to remain or those here on a temporary basis. They include skilled workers and their families where the minimum income threshold for a visa is normally £30,000. Those granted leave on the basis of family life may apply to have the condition lifted to avoid destitution.

[Baroness Lister of Burtersett (Lab)]

My Lords, I think that the answer there was that no assessment has been made. “It’s just like living a life without being alive”, is how one girl described the impact of this immigration rule, which denies access to most benefits, free school meals and social housing. In view of the growing evidence of the hunger, homelessness and emotional pain that it is causing children, and the ineffectiveness of central and local authority safeguards, why are the Government not monitoring the rule’s impact and doing more to protect children according to their obligation under the UN Convention on the Rights of the Child to give primary consideration to the best interests of children?

[Baroness Williams of Trafford]

The noble Baroness will know that the no recourse to public funds condition has been set by successive Governments—it is not new. There are obviously exceptions for refugees relating to humanitarian protection and there are certainly discretionary leave cases. We also recognise the need for exceptions where the right to family or private life is involved under the Immigration Rules. We therefore allow for applicants to seek leave on family life grounds or to request that the no recourse to public funds provision is lifted or not imposed at all. Local authorities have seen real-terms increases and will do so up to the spending review. They should be well placed in addition to the extra £410 million allocated to them in 2019-20 to invest in adult and children’s social care services.

Refugees

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 20th March 2019 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what steps they are taking to prevent destitution among newly recognised refugees in the light of the British Red Cross Report Still an ordeal, published in December 2018.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government are working on a number of important initiatives to ensure that refugees are able to access benefits and housing promptly, once their Home Office support ends. These include provision of a biometric residence permit with a national insurance number on it and arranging an appointment with their nearest Jobcentre if they confirm that they want assistance to make a benefit application.

[Baroness Lister of Burtersett (Lab)]

My Lords, it has been three years since this House was promised action to ensure that refugees have enough time to claim social security before their asylum support is stopped. The British Red Cross report shows that the actions mentioned by the noble Baroness have not solved the problem. The refugees surveyed who had claimed universal credit were left up to 72 days in destitution. Will the Minister therefore undertake, first, to publish the evaluation of the mitigating scheme, which was expected over a year ago, and, secondly, to meet with me and the British Red Cross to discuss the calls made for a long time by organisations on the ground to extend the moving-on period so as to end the ordeal and misery faced by this uniquely vulnerable group of people?

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I acknowledge the report that the noble Baroness mentioned. There were something like 26 people interviewed, but that is not to dismiss it at all. I can confirm that the evaluation work that she mentioned on the impact of some of things that we are doing has been undertaken, and the results are to be shared with the Work and Pensions Select Committee and NGOs thereafter.

[Baroness Lister of Burtersett]

When?

[Baroness Williams of Trafford]

I can only say “in due course” at the moment, but I am very happy to meet with her and the Red Cross.

Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 18th March 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, delivering a deal with the EU remains the Government’s priority. We are nevertheless preparing for a range of scenarios.

UK domestic law has given effect to our obligations in the fields of immigration, nationality and asylum arising from our membership of the European Union. The UK has also been subject to directly effective EU law. When we leave the EU, aspects of our legislation and retained direct EU law will fail to operate effectively. They will contain deficiencies if they are not modified or revoked by this instrument.

These regulations make changes to a range of domestic primary and secondary legislation to prevent, remedy or mitigate deficiencies in law arising from the UK’s exit from the EU. They ensure that our statute book operates on exit day if the UK leaves the EU without a deal until new legislation on these issues is commenced.

First, the instrument makes technical changes required to correct wording in our legislation that describes the UK in terms of our membership of the EU or European Economic Area. The changes do not alter the effect of the legislation. Similarly, it also makes technical amendments to domestic legislation that refer to EU rights that are retained by the European Union (Withdrawal) Act 2018.

Secondly, this instrument revokes relevant retained EU legislation relating to immigration. It also revokes a number of instruments which give effect to the UK’s membership of the EU asylum acquis and which will be inoperable on exit. This is because by leaving the EU, the UK also leaves the asylum acquis. The order therefore revokes the Dublin regulation and the Eurodac regulation—that is where I got up to last time.

The instrument makes a number of transitional and saving provisions in relation to the measures being amended by it. This is so that the amendments do not have an inappropriate effect in respect of decisions or other action taken before their commencement.

Finally, this instrument applies the UK rules for criminality to EEA, Swiss and Turkish nationals; the amendment applies only to their conduct after exit. Our intention to apply the same rules to new arrivals, irrespective of the country from which they come, has already been announced by my right honourable friend the Home Secretary.

The Government believe that we must plan for every eventuality, including a no- deal scenario. Through introducing this instrument, they are taking practical steps to ensure that the UK statute book operates effectively on exit in the event that the UK leaves the EU without a deal.

This instrument will prevent deficiencies in immigration and asylum law arising from the UK leaving the EU. It ensures continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the new future borders and immigration system. I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, the Secondary Legislation Scrutiny Committee states that the Home Office anticipates that loss of provisions of the Dublin regulations will have a minimal impact on how those seeking asylum in the UK are handled, yet the British Red Cross, which does invaluable work with asylum seekers in the UK, has raised real concerns in its briefing. I propose to raise just one—that which it says concerns it most.

As I understand it, the Government have committed only to maintaining the Dublin III regulation for unaccompanied children. Of course, that is welcome. However, it will leave many who are currently able to use Dublin III’s family reunion provisions excluded. In 2018, of 1,215 Dublin III arrivals, only 159 were unaccompanied children under Article 8, and 869 were wider family reunion cases under Article 9, which allows people who claim asylum in another Dublin member state to join a relative in the UK who has been granted protection. Will the Minister give a commitment that the Government will retain these Dublin protections in our domestic law post Brexit? I believe that this would require an amendment to our family reunion legislation. This would give substance to the Home Office’s assurance that loss of the Dublin provision will have minimal impact—or, in the words of the Explanatory Memorandum,

“a small impact on net asylum transfers”.

If the 2018 pattern continues, we would otherwise be excluding more than 70% of Dublin III arrivals if this commitment is not given. Is this really what the Government intend?

--- Later in debate ---

[Baroness Williams of Trafford]

I thank all noble Lords who have taken part in the debate. By far the biggest area that noble Lords concentrated on was of course the Dublin regulation. The regulation contains rules to establish the criteria and the mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national or stateless person and the legal framework for returning and accepting asylum seekers to and from the EU. As I said, the instrument ensures that the statute book will continue to function effectively in a no-deal scenario for asylum and provide transitional arrangements.

In the event of a no-deal scenario, retained EU law becomes deficient, and with respect to asylum, the regulations we use to repeal the Dublin regulation and other common European asylum system measures that we are part of—for example, Eurodac, as the noble Lord, Lord Paddick, pointed out, and the European Asylum Support Office temporary protection directive—will reflect that we will no longer be part of the acquis. This SI ensures that the statute book will continue to function. However, should the UK leave without a deal, Dublin requests relating to family reunification still pending resolution will continue to be considered under the existing provisions, and that will apply to any take-charge requests that we have received before exit day.

The noble Baroness, Lady Lister, asked whether the Dublin regulation will apply in the event of no deal. I will give an example of the numbers we are talking about. Clearly, we will not be a participating state in the Dublin regulation. While this presents a challenge, it also presents in some ways an opportunity to seek new agreements with the EU on asylum which better reflect our position as a third country. Since 2016, we have accepted more Dublin transfers than we have returned to our EU partners. The latest statistics, published in March of this year, show that 209 people were returned to the EU 27 under Dublin in 2018, making up around 5% of the total asylum returns. The Government have committed under the European Union (Withdrawal) Act to seek to negotiate an agreement with the EU that will permit unaccompanied asylum-seeking children to join family members. It would replicate a similar mechanism in the Dublin regulation which would allow children under 18 to join close family members where it is in their best interests.

On returning any individuals under other routes—I think the noble Lord, Lord Paddick, asked me about that—we will always seek to return those who do not require international protection or have the right to be here in accordance with domestic law. We will continue to make returns to countries where appropriate, and on a case-by-case basis.

Continued co-operation on migration issues is in the shared interests of the UK and the EU. We will work to secure a comprehensive returns agreement with the EU to replace our obligations under Dublin once we leave the EU. If unsuccessful, we will look to work bilaterally with EU member states to strengthen our relationships. For example, we will look to build and strengthen our reciprocal agreements with France as set out in the Sandhurst treaty.

The noble Baroness, Lady Lister, talked about family reunification without Dublin, as did the right reverend Prelate the Bishop of Durham. We strongly support the principle of family unity, and there are several routes by which families can be reunited safely. The UK’s family reunion policy is generous, and we continue to reunite refugees with their immediate family, including by granting over 26,000 family reunion visas over the last five years. We are considering the options to ensure effective co-operation on family reunification of asylum seekers after exit. Deal or no deal, Dublin requests relating to family reunification still pending resolution will continue to be considered under the existing provisions, and, as I said, this would apply to any take-charge requests that we received before exit day.

[Baroness Lister of Burtersett]

Before the Minister moves on, can I be clear that the Government will look at the broader family reunion position? Can she give us an assurance that the aim will be that there should not be any diminution of rights for family reunion that currently exist under Dublin III?

[Baroness Williams of Trafford]

I can give an absolute assurance to the noble Baroness that those obligations, which we take seriously and have done for decades, will continue to apply in giving people who need it asylum or refuge. That is why I just went through the various channels and resettlement schemes that we have engaged in. It does not diminish our will to give people who need it refuge and asylum in our country.

I shall move on, but I stay on Dublin. I think it was the noble Lord, Lord Paddick, who asked about any other international agreements affecting asylum that would be affected by Brexit.

Children: Covert Human Intelligence Sources

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 18th March 2019 Lords Chamber

[Baroness Williams of Trafford]

The Investigatory Powers Commissioner has oversight of all decisions taken on these children.

[Baroness Lister of Burtersett (Lab)]

My Lords, do the assessments to which the noble Baroness referred include an assessment of the best interests of the child under the UN convention?

[Baroness Williams of Trafford]

Yes, it does.

Gender Equality and Rights in the Workplace

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 6th March 2019 Lords Chamber

[Baroness Williams of Trafford]

David and Steve must be listening. The noble Baroness really pinpoints how far we have to go, but at this point I must also talk about how far we have come. I think that way back in 2014 12% of board members were women; now, over 30% are women. The noble Baroness talks about women in leadership positions. Of course, leadership is provided by ensuring that women are on boards, but I think that at this point in time there are no male-only boards. That may be a small step but it is a step none the less.

[Baroness Lister of Burtersett (Lab)]

My Lords, the Minister talked about the “proud record” but analysis by leading scholars from Manchester University shows that,

“far from being a pace setter in the area of European gender equality law, the UK has usually sought to stall, dilute or divert legal measures”.

Therefore, how can we have confidence that these rights will be real? As a minimum, can the Minister give us an assurance that we will implement the work-life balance directive currently under consideration by the European Union and, in particular, following on from the earlier question, introduce paid leave for carers?

[Baroness Williams of Trafford]

My Lords, we are sixth out of 28 in the EU’s equality index. The noble Baroness is absolutely right to talk about carers—they are the typical low-skilled, low-paid people who often cannot get out of that situation. The noble Baroness talked about another directive—we have implemented all relevant directives into UK law. In many ways, we have gone further with our gender pay gap and public sector equality duty.

Zimbabwe: Asylum Seekers

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 13th February 2019 Lords Chamber

[Baroness Williams of Trafford]

I am aware that FCO guidance advises UK nationals if it is not a good idea to visit somewhere, particularly if there are areas of civil unrest. However, civil unrest, in and of itself, is not a reason to grant an asylum claim.

[Baroness Lister of Burtersett (Lab)]

My Lords, given that the Minister accepts there are serious human rights abuses in Zimbabwe, what steps does her department take in individual cases to ensure that people will not be subjected to those abuses if they are returned to the country? Lawyers quoted in the Guardian today are very worried that they will be.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Thursday 31st January 2019 Lords Chamber

[Baroness Williams of Trafford]

The draft Domestic Abuse Bill will be discussed for pre-legislative scrutiny in a Joint Committee of both Houses. That process should take 12 weeks, and thereafter the Bill should be introduced. As to whether any provisions are not appropriate for Northern Ireland, it is a devolved matter through legislative consent—as I have said. Northern Ireland can take up the provisions in the Bill, and that would be the process.

[Baroness Lister of Burtersett (Lab)]

My Lords, it took three attempts yesterday to get a response from the Minister on the absence from the draft Bill of any measure to address the point made in the original consultation document—that insecure immigration status may also impact on a victim’s decision to seek help—and then the Minister’s answer left us none the wiser. Could the Minister now give us a clearer explanation why the draft Bill does not have any measure to address the problems faced by this particularly vulnerable group of women who are of great concern to organisations on the ground? Could she assure us that she will look at this issue further?

[Baroness Williams of Trafford]

The Bill does not differentiate between the types of women who might suffer abuse, but looks at how we treat the abuse itself. The noble Baroness will probably know that there is a destitute domestic violence concession, which is available to support people who may otherwise be forced to remain in a relationship with an abusive partner on whom they are financially dependent. I look forward to discussing those issues with the noble Baroness when the Bill comes to this House, as I am sure that she will be in her place challenging me.

Immigration: Removal Centres

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 14th January 2019 Lords Chamber

[Baroness Williams of Trafford]

I will write to the noble Earl with exact figures, but I know that the number of families has definitely reduced in the detention estate and they are separate from individuals in the detention estate.

[Baroness Lister of Burtersett (Lab)]

My Lords, once again the Minister insists that there is no indefinite detention in law. The dictionary definition of “indefinite” is “without fixed or specified limit”. Can she tell us what the fixed or specified limit is in law on general detention?

Migrants: Channel Crossings

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 8th January 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, there has been a long-established acceptance that people seeking asylum should claim asylum in the first safe country they reach. The noble Lord is shaking his head slightly but, if a migrant or asylum seeker arrives in France or Italy, they should seek asylum in that country. If they do not, and decide as some have to take the treacherous journey across the channel, they not only put their lives in danger but are going against the Dublin convention.

[Baroness Lister of Burtersett (Lab)]

My Lords, does not the “first safe country” principle rather let this island nation on the west of Europe off the hook from its responsibilities to asylum seekers globally? Given this, and given the Government’s proper concern with safety, should they not do much more to open up safe and legal routes for asylum seekers, as called for by the British Red Cross and others?

[Baroness Williams of Trafford]

My Lords, when noble Lords make this point, I am never quite sure whether they feel that asylum seekers should claim in the first safe country or that they should then go on to other countries. However, claiming in the first safe country is the swiftest way for those fleeing torture and persecution to get protection.

Asylum Seekers: Removal

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 17th December 2018 Lords Chamber

[Baroness Williams of Trafford]

As I said to the noble Lord, the UK bases its decisions on two conventions, the 1951 convention and the European Convention on Human Rights. If, for example, an LGBT person was to be sent back to a country or to an area in a country where they would be persecuted for their sexuality, we would not send them back.

[Baroness Lister of Burtersett (Lab)]

My Lords, how does the Minister define the word “indefinite”? In my dictionary, it means that there is no fixed time limit. We are unusual in this country in having no fixed time limit for detention. It does not mean that people are held in detention for ever, as she seemed to imply in her response to the noble Lord, Lord Roberts.

[Baroness Williams of Trafford]

People are not held in detention for ever. As I said to the noble Lord, the vast majority of cases are determined within four months of someone being held in detention. I do not know of anyone who has been detained indefinitely.

Immigration (Health Charge) (Amendment) Order 2018

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 28th November 2018 Lords Chamber

[Baroness Williams of Trafford]

I think we will have a disagreement on a point of principle, but if the noble Lord could let me outline the Government’s position—I will certainly take interventions at the end—I will explain why temporary migrants coming to this country get a fair deal.

A number of noble Lords have raised the issue of NHS professionals and how they ought to be exempt from the charge. The Government fully recognise the contribution that international healthcare professionals make to the UK, but it is only right that they also make a proportionate contribution to the long-term sustainability of the NHS. In that regard, NHS professionals are in the same position as other providers of essential public services, including teachers.

I recognise that there are concerns about the financial impact on nurses. However, the answer is not to exempt nurses from the charge but to increase their pay. This is happening. All NHS nurses will benefit from a pay increase as set out in the Agenda for Change framework. It is important to remember that the charge offers access to healthcare services that are more comprehensive and at a lower cost than those in many other countries. Most professionals who choose to work overseas need to have the appropriate medical insurance in place, which is the point that I made to the noble Lord.

Paying the charge ensures that the income generated goes directly to NHS services, helping to protect and sustain our world-class healthcare system for everyone who uses it. I am conscious of the concerns regarding the combined cost of the charge and visa fees. However, the charge is set at a competitive level and will remain low compared to the potential benefit, which is free access to the NHS. It offers better value than private medical insurance where the premiums are more expensive. As a matter of interest, I looked at the average insurance cost for the average American, which is $320 per month—significantly more than we would expect to pay. The Government are clear that migrants must pay the charge when they make an immigration application and should plan their finances accordingly. The costs of both the health charge and the application fees are available online and should not come as a surprise.

Many noble Lords spoke about vulnerable groups. We are committed to ensuring that vulnerable groups can access the NHS without charge. There are several groups applying for leave to remain in the UK who are exempt from the requirement to pay the immigration health charge as set out in the Immigration (Health Charge) Order 2015, and they continue to apply. They include people who apply for leave to remain relating to an asylum or humanitarian protection claim, and would absolutely include people who the noble Lord, Lord Hylton, spoke about, such as refugees, victims of modern slavery and children in local authority care.

Those who are exempt from paying the immigration health surcharge or who have the requirement waived are treated the same as those who have paid it, so they are entitled to virtually all NHS care free of charge. Noble Lords, including particularly the noble Baroness, Lady Lister, and the noble Lord, Lord Rosser, talked about how the requirement to pay up front could discriminate against those on low incomes. As I have said, the charge is set at a competitive level and is low compared with the potential benefit of free access to the NHS. Migrants are aware of the rules when applying for a visa, including the need to maintain and accommodate themselves in the UK, pay the health charge—and ensure they plan their finances accordingly. As I have said, and as noble Lords have mentioned, there are exemptions available.

A number of noble Lords talked about children. I am aware of the concerns raised about the impact of increasing the charge on children. Children are as likely as adults to use NHS services; as such, it is only fair that their parents or guardians contribute to the cost of their care. The Government continue to ensure that those who are most vulnerable are protected. Where an application fee is waived on destitution grounds the surcharge is also waived and, as I have mentioned, exemptions are in place for children in local authority care.

The noble Lords, Lord Paddick and Lord Rosser, talked about nurses.

[Baroness Lister of Burtersett]

The Minister is moving on to another issue, but could we stick with children for a moment? A number of noble Lords made the point that these children are not temporary migrants. At the outset, following an intervention, she said she would explain how temporary migrants get a fair deal. Then she said that migrants are aware of the rules when applying for a visa—but we are talking about children who are here, who have been here for some time, and who want to stay here. Could she please address that point?

[Baroness Williams of Trafford]

If you intend to be here temporarily, you apply for a temporary visa and you are captured by the immigration health surcharge, but clearly if you have indefinite leave to remain or are a citizen of this country, the health surcharge no longer applies to you.

[Baroness Lister of Burtersett]

But the point is that, to get leave to remain, people have to pay over 10 years and, as noble Lords have said, that amounts to over £10,000 when you add in this new surcharge. Therefore, it is making matters very difficult. It is a Catch-22 situation, is it not? How do the children get to show that they need to remain if they cannot afford it and the ability to afford it is being reduced by the health surcharge attached to the fee?

[Baroness Williams of Trafford]

My Lords, in estimating the charge, we estimated the cost of providing healthcare to someone who is here temporarily. The cost was estimated at £470 per person. To answer the point raised by the noble Lord, Lord Rosser, we decided to set the charge at £400 and not at full cost recovery because we recognise the contribution that migrants make to this country. We have not set the charge above cost recovery, as the committee had suggested.

I realise that the surcharge might make an application very expensive but we think that it is proportionate, given the access to healthcare that people will avail themselves of, and of course it is considerably cheaper than if they were to have private healthcare insurance. I am not decrying the fact that it might be expensive for a family—I appreciate that—but it is significantly cheaper than if they were to have private healthcare insurance, and of course the people concerned generally come here to work. I do not decry the fact that it is expensive; I am saying that, first, it is significantly cheaper than what we might pay for private healthcare as migrants going to any other country and, secondly, the service that they will get from the NHS once they have paid the surcharge has to be taken into account.

[Baroness Lister of Burtersett]

I am sorry to push it, and I promise not to do so again, but a number of noble Lords have pointed out that there is no child rights impact assessment, even though I think that one was promised in response to a Written Question. Can the noble Baroness undertake to take back to the Home Office the concern raised here so that in future, whenever regulations affecting children are brought before us, the impact assessment will include a proper assessment of the impact on child rights and not the cursory words to which the noble Lord, Lord Russell, referred?

[Baroness Williams of Trafford]

I can certainly undertake to take this away and provide for the noble Baroness and other noble Lords a more fulsome illustration of the impact. I have an illustrative example of a nurse and I can write to noble Lords with that.

--- Later in debate ---

[Baroness Williams of Trafford]

I will. I will not give him an adequate response, but I will tell him why; if that is okay.

The noble Lord, Lord Rosser, asked why the charge was set below cost recovery levels. I think I have answered that. He asked why the estimate in 2015 of £800 per person is so different from what we have now. It is because in 2015 it was just that, an estimate. We can now give an actual figure, given that people actually use the health service. The noble Lord also asked why we decided to double it on the basis of Department of Health and Social Care analysis. He will know that we made a commitment before the 2017 general election to triple the surcharge. We have not; we have doubled it. It was because we had made a manifesto commitment that we did not consult on the issue.

The noble Lord also asked about EU citizens. We are in the process of negotiating reciprocal healthcare arrangements with the EU. We have reached agreement on citizens’ rights that will protect EU citizens and their family members who are resident in the UK by the end of the planned implementation period on 31 December 2020. We have made it clear that the immigration health surcharge will not apply where EU citizens make immigration applications during the implementation period after the UK leaves the EU. We will set out our plans for the future border and immigration system in a White Paper later this year, which, noble Lords will work out, has not long left. Another noble Lord asked that question. I will not pre-empt or trail the White Paper with further detail at this stage.

We have been through the double taxation argument. I do not think that the noble Lords who asked about it agree with me, but I have made the point that the charge is fair not only to migrants but to UK national and permanent residents who have or will make a greater contribution to the NHS over their working life.

The noble Lord, Lord Paddick, and the noble Baroness, Lady Jones, talked about the compliant environment. This is nothing to do with the compliant environment. The charge is intended to ensure that temporary legal migrants make a fair contribution to the cost of their healthcare in the UK. In contrast, the compliant environment is a suite of compliance, deterrence and data-sharing measures that form part of our overall approach to deterring and tackling illegal migration and protecting public services.

The noble Baroness, Lady Lister, asked why children do not feature in the impact assessment. This is because it is at a macro level rather than an individual level. I know she does not like that answer but individuals are fully catered for in the system of fee waivers and exemptions, and a child is as likely to need healthcare as an adult.

[Baroness Lister of Burtersett]

I know I said I would not come back to this issue but no impact assessment deals with individuals; they deal with groups. An equality impact assessment would deal with equality groups. A child’s rights impact assessment is supposed to inform us, not whether they are more or less likely to have healthcare, but what the impact is going to be on the rights of that child. All I was asking for was an assurance that future regulations have a proper child rights impact assessment as a part of them.

[Baroness Williams of Trafford]

I take the noble Baroness’s point because in everything we do with law, we have to consider the rights of the child. That is a basic requirement on the Government. It may be implied, it may not be, but I entirely take the noble Baroness’s point.

The noble Lord, Lord Rosser, asked me about undocumented children having to make four applications over 10 years at over £10,000. These applicants fall within the scope of specified human rights applications for which fee waivers are available—we have gone over that point—but, of course, parents may apply for the fee waiver for the child.

We have produced the policy on equalities assessment and will provide it to Peers who have spoken in this debate and place a copy in the House Library. I cannot stand at the Dispatch Box and say that it includes children. I suspect from what the noble Baroness says that it does not, so I go back to my previous point.

The noble Baroness asked about the chief inspector’s report and when it will be published. The immigration fees and the surcharge are obviously two separate things. The Government made a manifesto commitment to increase the surcharge and it is important that we deliver on that.

The noble Baroness also asked about the proportion of applicants receiving a waiver—this goes to the point made by the noble Lord, Lord Russell of Liverpool—but we have not published that information. However, we are reviewing the process because, as time goes on, these issues necessarily become more complex. I know that does not answer entirely the point made by the noble Lord, Lord Russell, and the noble Baroness, Lady Lister, but we will be reviewing that.

Domestic Abuse

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 19th November 2018 Lords Chamber

[Baroness Williams of Trafford]

I take this opportunity to thank my noble friend for all the work she has done as Victims Commissioner and for the 14 recommendations that she put to government. As I said in my Answer to the noble Lord, Lord Bassam, the Government will respond to the consultation very shortly. I look forward to engaging with her extensively as the Bill goes through this House.

[Baroness Lister of Burtersett (Lab)]

My Lords, what discussions has the Home Office had with the DWP about the implications for the domestic abuse strategy, particularly the part about economic abuse, of the harmful so-called welfare reform policies in the light of the concerns raised by the Home Affairs Select Committee?

[Baroness Williams of Trafford]

I thank the noble Baroness for her question and for the very real concerns she raised about welfare benefits. I assure her and the whole House that the changes in the benefits system will not cause a reduction in support levels for victims of domestic violence: that would be completely counterintuitive to what we are trying to do. I do not know whether she was referring to split payments, but if an individual suffering domestic violence puts in an application for a split payment, the DWP will support them in that.

Immigration: Appeals

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 6th November 2018 Lords Chamber

[Baroness Williams of Trafford]

It is a shame the immigration department is not at the Dispatch Box. I agree with the noble Lord; we have had several discussions on this. My right honourable friend the Immigration Minister is absolutely aware of this and is trying to make improvements in the process. What the noble Lord and I have been talking about is that the process is not entirely clear in some of these cases.

[Baroness Lister of Burtersett (Lab)]

My Lords, will the review of Home Office culture and practices instigated by the Home Secretary include the “hostile”/“compliant” environment policy? If not, it is unlikely to have much impact on decisions on immigration matters.

Immigration Detention: Shaw Review

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 24th July 2018 Lords Chamber

[Baroness Williams of Trafford]

That sounds ominous —I am having my holiday.

I will go first to the noble Lord, Lord Rosser, who asked why there was a delay in publishing. I have probably trailed this on several occasions, when I said that Stephen Shaw had published his report and we were considering it and would respond in due course. We have rightly considered what is, as noble Lords have said, a big tome, before responding to it today. I hope that the noble Lord and the House do not see any conspiracy in the fact that it has been responded to on the last day.

The noble Lord said that the Government’s efforts had no impact on vulnerability. Stephen Shaw acknowledges real progress and said that it would be folly to abandon our reforms now. The adults at risk policy has certainly strengthened our focus on vulnerability and on the existing presumption against the detention of those who are particularly vulnerable to harm. However, I agree, as does my right honourable friend the Home Secretary, that we need to do more. That is why we will differentiate more strongly between vulnerable cases to ensure that the most complex get the attention that they need, building on the progress that has been made, to provide greater protection for the most vulnerable.

The noble Lord made the point that half the people detained are released and asked whether detention was therefore right in the first place. We would all like the proportion of detainees who are removed to be higher and we are tackling barriers to that. However, people may be released from detention for a wide range of reasons: by the courts, by appeal or by other legal proceedings, or there might have been a material change in their circumstances. That does not necessarily mean that the original decision to detain was inappropriate or wrong.

The noble Lord talked about time in detention being over six months. The Government totally agree that we should detain people for the minimum amount of time, consistent with their removal. Continuing challenges on documenting individuals and late appeals are an issue. The issues of foreign national offenders and public protection also remain important considerations.

I shall have to gallop through my replies. The noble Lord, Lord Rosser, referred to problems with additional beds. He will have heard today that my right honourable friend the Home Secretary has announced that there will be no more than two beds to a room. He also talked about the detention of pregnant women. Decisions on whether or not to detain individuals have never been predicated on absolute exclusions for any particular group. Being pregnant is not of itself a vulnerability, but I understand where the noble Lord is coming from on that. He mentioned indefinite detention. The Government are committed to getting more evidence on this issue into the debate. He will have heard what I said about my right honourable friend the Home Secretary carrying out a review into that and publishing its findings.

The time has run out extremely quickly. I do not know whether that is because noble Lords spoke for too long or because I did, but I have a number of unanswered questions, to which I will reply in writing and place a copy in the Library.

[Baroness Lister of Burtersett (Lab)]

My Lords, I return to the issue of pregnant women, which was of particular concern to your Lordships’ House when we considered these matters during the Immigration Bill—indeed, we voted for an absolute exclusion following Stephen Shaw’s original recommendation. In his report he quite mildly said that it would “assist” decision-making if the default position were to be an absolute exclusion of pregnant women from detention. The figures show that between July 2016 and January to November 2017 there were still 73 pregnant women detained, of whom 60 were released. For only 15 was there any case for detention. Will the Government look again at the question of an absolute exclusion?

On vulnerability, I am not quite sure I understand the Minister’s reply—I appreciate that she has had to move quickly. Have the Government accepted the specific recommendations 11, 12 and 13 in the report on adults at risk? In particular, will they consider the merit of the UNHCR vulnerability screening tool, which a number of voluntary organisations have recommended?

[Baroness Williams of Trafford]

I am glad that I have got some more time because the noble Baroness, Lady Lister, has nicely segued into some points I was going to make.

On pregnant women—I have made this point many times before—being pregnant does not of itself make you vulnerable. However, I understand where she is coming from.

On vulnerable detainees in general, the noble Lord, Lord Rosser, made the point that the policy was not working. In fact, Stephen Shaw described the adults at risk policy as a work in progress. We all agree that there is more to be done to make sure that the most vulnerable and complex cases get the attention that they need. As to rule 35, which reports on possible cases of torture and which noble Lords have criticised in the past, we will look again at how we can improve on it while avoiding abuse of these processes. We will pilot an additional bail referral at the two-month period—which comes back to the point made by the noble Baroness, Lady Hamwee.

The adults at risk policy requires a case-by-case assessment of the appropriateness of the detention of each individual. The policy means that vulnerable people are detained only when the vulnerability factors are outweighed by immigration considerations. So I do not agree with the noble Lord’s point that the policy is not working, but we need to continue with the progress that has been made so as to ensure that vulnerable people get the help that they need.

[Baroness Lister of Burtersett]

Will the noble Baroness tell me whether recommendations 11, 12 and 13 in the Shaw report have been accepted, because it is not clear from the Statement that they have? In particular, will the Government consider the merits of the UNHCR vulnerability assessment tool?

[Baroness Williams of Trafford]

Perhaps I might come back to the noble Baroness on this, because obviously I have pulled out some of the highlights of the report and I would not want to give her any details from the Dispatch Box that I am not certain about. So I will write to her on that point.

Immigration (Guidance on Detention of Vulnerable Persons) Regulations and the Detention Centre (Amendment) Rules 2018

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 27th June 2018 Lords Chamber

[Baroness Williams of Trafford]

I will get on to when it will be published. I am simply saying that officials kept the team informed of the work they were doing to implement the new definition while they were engaging with NGOs. We will carefully consider all of Stephen Shaw’s recommendations, as we did last time, and take them into account when we review detention centre rules, including the operation of the rule 35 reporting mechanism later this year. We will publish his report with a full government response before the House rises in July, in answer to noble Lords’ questions.

As I said, the current imperative is to ensure that, in the light of the court’s very clearly expressed view, we implement a lawful and effective definition of torture for the purpose of the adults at risk policy. There is no reason to delay this. It is separate to, and not dependent on, Mr Shaw’s report.

It has been suggested that the new definition of torture in the context of immigration detention is too complex to be applied by caseworkers and doctors. I do not accept this. It fully reflects the guidance handed down by the High Court. The court, in turn, had the benefit of a large amount of expert and clinical evidence, much of which was submitted by the litigants, Medical Justice. So there is no reason to believe that caseworkers and doctors will find the definition of torture set out in the statutory instruments too complex.

The noble Baroness, Lady Lister, asked whether the consultation with NGOs was sufficient. There was no legal obligation to run a consultation, but officials willingly engaged with them on the definition of torture and on caseworker guidance and training.

The noble Baroness, Lady Hamwee, asked—

[Baroness Lister of Burtersett]

I think the Minister might be getting us a bit mixed up, because the noble Baroness, Lady Hamwee, spoke more about consultation. What she wanted to know, and therefore what I will ask now, is: what was the response? That was not made clear in the Explanatory Memorandum. The response to us was that the organisations are very unhappy about this, which is why this Motion has been brought this evening.

[Baroness Hamwee]

Perhaps I may come back on that. I quoted the paragraph on the consultation outcome because the implication of the Home Office saying it has considered comments from the NGOs is that there is no difference between them, or at least nothing substantial, and that we should not be worried about whether the NGOs made critical comments—which we have discovered they did.

Home Office: Immigration

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 18th June 2018 Lords Chamber

[Baroness Williams of Trafford]

The case raised by the noble Lord is obviously very sad, but he will understand that I cannot comment on individual cases, other than by saying that 94% of straightforward asylum claims are processed within service standards. However, we are committed to reaching asylum decisions as quickly as we can, while ensuring that those often complex cases are given proper consideration. He talked about appeals, and I do not disagree with him: we wish that the appeals rate was better. However, I am sure he understands that quite often information is brought at the last minute which enables an appeal to be granted.

[Baroness Lister of Burtersett (Lab)]

My Lords, given the support last week from around the House during the debate on a Motion on this, what steps are the Government now taking to ensure that no child who belongs in this country is dragged into the immigration control system because they cannot afford the fee to register their entitlement to citizenship, which the Home Secretary himself described as “huge”?

Immigration: “Right to Rent” Scheme

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 6th June 2018 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what assessment they have made of the impact and effectiveness of the “right to rent” scheme following the most recent report of the Independent Chief Inspector of Borders and Immigration into their “hostile environment” measures, An Inspection of the “Right to Rent” Scheme.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government have undertaken to reconvene the landlords consultative panel and to work with it to monitor the operation and impact of the scheme. We continue to raise awareness in this sector to promote compliance and in the past year the right to rent guidance has been viewed online nearly 450,000 times.

[Baroness Lister of Burtersett (Lab)]

My Lords, that is welcome news and it is also welcome that the Government are reviewing their hostile/compliant environment regime, though it is not clear to what extent that will include a proper, thorough review of right to rent schemes. In view of the inspector’s damning observations that hitherto there has been no attempt to measure its impact and that it has yet to demonstrate its worth, plus evidence from the Residential Landlords Association and others of discriminatory consequences, will the Government now suspend the scheme until they have conducted this proper, thorough evaluation that the inspector and others have called for?

[Baroness Williams of Trafford]

My Lords, the Government have no intention of scrapping the scheme. The first phase of the scheme, in the West Midlands, was subject to evaluation by Home Office Analysis and Insight to test its impact on discrimination, vulnerable groups and homelessness, as well as its impact on the sector and local authorities. The Home Office report published on 20 October 2015 found no evidence that the scheme was having any adverse impact on any of these. It is important that noble Lords note that the right to rent scheme is relatively new. It should not be seen in isolation but as one of a number of provisions that deter illegal immigration and restrict the number of illegal migrants establishing a settled life in the UK.

Immigration Applications

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 16th May 2018 Lords Chamber

[Baroness Williams of Trafford]

I do not have the Companion with me, so I will leave that for another time. The noble Lord rightly makes a point about the number of appeals increasing. Actually, they went down slightly in the past year, but the number of applications is increasing over time and that is something to be mindful of. He also asked about better decision-making. I have several things to say about that. First, the average age of appeals being determined by the First-tier Tribunal is, according to HMCTS statistics, 50 weeks. That is a considerable length of time. The latest data on win rates is certainly not where we would like it to be.

Appeals are allowed for a variety of reasons. Often it is because new evidence is presented before the tribunal that was not available to the decision-maker at the time. Often, the information is presented very shortly before the hearing and too late for the Home Office to withdraw the case. But one specific reason for the higher rate of allowed appeals is that many cases going through the appeal system are now quite old. The average age of a human rights case is over a year. In that time, often appellants have built up new rights.

[Baroness Lister of Burtersett (Lab)]

My Lords, given that we heard on the news last night that over 60 of the Windrush generation may have been wrongly deported, and the recent observation of the UN special rapporteur that shifting from the rhetoric of a hostile environment to one of a compliance environment will have little effect if the underlying legislative framework remains intact, will the Government now review that legislative framework as a matter of urgency?

[Baroness Williams of Trafford]

I will refer to the cases that the noble Baroness asked about—63 people who may have been wrongly deported. As the Home Secretary said, the department has been checking records back to 2002, some 16 years ago, when electronic records began, looking at all removals and deportations of Caribbean nationals aged 45-plus. So far, 63 cases have been identified where Caribbean individuals could have entered the UK before 1973. This means that, of the 8,000 total deportation and administrative removal records that came up, so far there is a focus on 63 because something in their record indicates that they could have entered before 1973. Of those, there are 32 foreign national offenders and 31 administrative removals. So it does not mean that 63 people have been wrongfully removed or deported; it is the number of cases that merit further investigation. But I thank the noble Baroness for bringing that point up.

Yarl’s Wood: Hunger Strike

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 27th February 2018 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord is right that individual cases should always be treated sensitively. If the noble Lord could outline an individual case for me, I will certainly take it back. The last thing we want for people in detention is for them to be refusing food and fluid. Legal representation is available to people. There are specific rules on how we should treat sensitively those with mental health problems, vulnerable adults and traumatised people in detention.

[Baroness Lister of Burtersett (Lab)]

My Lords, the point about indefinite detention is not that the person is never released; it is that they do not know when they will be released. We know from the evidence given to Stephen Shaw, including from a psychologist, that this has a devastating impact on mental health. Will the Minister now ask Stephen Shaw, who is reviewing how his recommendations are working, to widen his brief to include whether indefinite detention should be ended, which is in line with what happens in other countries?

[Baroness Williams of Trafford]

As I said to the noble Lord, 92% of people in detention do not stay there for more than four months. I appreciate the noble Baroness’s point about people with mental health issues in detention. In addition to the implementation of the Adults at Risk in Immigration Detention policy in September 2016, NHS England commissioned the Centre for Mental Health to carry out research to support the Mental Health Action Plan, which is part of the Government’s commitment to review and improve the provision of mental health services in immigration removal centres and short-term holding facilities. We appreciate the stresses and strains that this can have on people’s mental health. As the noble Baroness says, it follows one of the major recommendations of Stephen Shaw’s Review into the Welfare in Detention of Vulnerable Persons. We have now invited Stephen Shaw to carry out a short review in the autumn to assess progress against the key recommendations for action in the previous review of the welfare of vulnerable people in detention. The work will be completed in the spring and its findings laid before the House.

Women: Economic Freedom

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 6th February 2018 Lords Chamber

[Baroness Williams of Trafford]

I am sorry; I missed the last part of the noble Baroness’s question but I shall certainly be happy to meet her.

[Baroness Lister of Burtersett (Lab)]

My Lords, will the Government address the ways in which universal credit reduces the economic freedom of many poorer women, partly because it is paid into a single account so we cannot be sure that the money goes to them, for themselves or any children, and partly because it creates a work disincentive for second earners, many of whom are still women? It does not support those women into paid work.

[Baroness Williams of Trafford]

My Lords, I think the thing here is to get women into work and undo their reliance on credit, and some of the initiatives that the Government have put into play help women in that regard. We have more people and therefore more women than ever in employment.

Women: Political and Public Office

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 16th January 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, we want to make this Parliament one that is open and accessible to women no matter what their race, religion or background. Muslim women should be no different in that context. I hope that women, no matter what their background, will feel that Parliament is open for them. Of course, in our demographic we represent what people, particularly women, might aspire to.

[Baroness Lister of Burtersett (Lab)]

My Lords, about a century ago the suffragette Hannah Mitchell said that we women fight with one hand tied behind us. We still do, because she was referring not just to childcare but to the care of older people, the responsibility for domestic housework and so forth, responsibilities that do not affect men’s ability to take part in political and public life. What are the Government doing to help make the sharing of care between men and women more equal?

[Baroness Williams of Trafford]

I think that the sharing of care has become more equal, but perhaps not as equal as many would wish it to be. As I said at the beginning, the GEO is commissioning a wide-ranging evidence review that will encompass the range of approaches that will be taken, both internationally—the noble Baroness, Lady Hussein-Ece, mentioned Sweden—and here at home to provide political parties with a variety of solutions that they can draw on. The noble Baroness, Lady Lister, is absolutely right to raise that flag of women being less likely to participate in public life, particularly in Parliament. It is more difficult to get women to stand as candidates in elections and we need to change that.

Immigration Centre Detainees: Pay

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 4th July 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, if the volunteers did not volunteer, there would be no problem. The fact is that they want to do this work, and therefore work is provided for them.

[Baroness Lister of Burtersett (Lab)]

Surely they want to do the work because it is the only way they can get any money. In the leaked document, it was suggested that £1 an hour seems high. On what criteria does the Home Office believe that £1 is high pay for an hour of a person’s labour?

[Baroness Williams of Trafford]

I will repeat it again: this money is not a wage as the ordinary working population would see it. It is being reviewed, as I am sure that the noble Baroness knows, and that review will report at the end of the year.