Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Committee stage
Monday 12th February 2024 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness, Lady Lister, is about to stand up to intervene. I am aware she has not been here for the whole of this debate.

[Baroness Lister of Burtersett (Lab)]

I am sorry to intervene again, but I have been here for the whole debate. May I take the Committee back to the noble Lord, Lord Scriven, quoting from the UNHCR? The Minister said that we do not agree with the UNHCR, but it points out that its conclusions are based on

“UNHCR’s own extensive experience in capacity development of national asylum systems”.

Is the Minister saying that this Government have more experience than the UNHCR of the capacity of countries to change? It makes it very clear that training is not enough and that there needs to be systemic change and a change of culture.

Immigration Detention: Brook House Inquiry

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Thursday 11th January 2024 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, it is the turn of the Cross Benches.

Windrush Generation

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 28th November 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, I think it is the turn of the non-affiliated Bench.

Food Price Rises: Public Sector Food Provision

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 27th February 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, we have loads of time. Let us hear from my noble friend and then from the noble Baroness opposite.

Rwanda Asylum Partnership: Removal of Unaccompanied Children

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Thursday 21st July 2022 Lords Chamber

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

My Lords, I thank the noble Baroness, Lady Lister of Burtersett, for securing this debate and all noble Lords who have contributed to it. It is a very important topic and I am very happy to set out the Government’s position. In response to the point made by the noble Lord, Lord Dubs, I am happy to engage in future debates on this important issue.

Before I come on to discuss the specific points that have been raised, I hope colleagues will allow me to briefly set out some background. Last year, the Government published our New Plan for Immigration, and we have since introduced the Nationality and Borders Act, which is the legislative vehicle through which we will put much of that plan into action. In April this year, we announced the migration and economic development partnership with Rwanda, which is part of a co-ordinated strategy to disincentivise dangerous and unnecessary journeys, such as small boat crossings, to save lives and to increase public confidence in our immigration system. In reply to the point made by the noble Lord, Lord Tunnicliffe, we have many safe and legal routes which allow people to come here safely. The UK and Rwanda have worked closely on the arrangement to ensure adequate safeguards are in place to protect vulnerable people seeking safety, as set out in the memorandum of understanding. There are provisions for a monitoring committee to monitor the end-to-end process.

Turning to the specific topic of today’s debate, I cannot comment on ongoing legal proceedings but our position under the Home Office’s inadmissibility guidance is clear: unaccompanied asylum-seeking children are not suitable for third-country inadmissibility action and as such are not eligible for relocation to Rwanda. The approach to unaccompanied asylum-seeking children is also extended to any individual whose age has been disputed by the Home Office but where that age dispute is ongoing. I hope that answers the question asked by the noble Lord, Lord Dubs.

In answer to my noble friend Lord Lilley, as to why we cannot speculate on the reasons why unaccompanied asylum-seeking children might travel to the UK, everyone considered for relocation to Rwanda will be screened and have access to legal advice. This includes individuals who are undergoing a full Merton assessment and those who have legally challenged their assessment. The age of an individual arriving in the UK is normally established from the documents with which they have travelled. However, many who claim to be under the age of 18 do not have any definitive legal documentary evidence to support their claimed age, to answer the question from my noble friend. While many are clearly children, for others it is less clear. It is important that there is an effective decision-making process in place, not least for safeguarding reasons. An incorrect determination could result in an adult being placed with or alongside children. Conversely, if a child is wrongly assessed to be an adult, they may be served with an inadmissibility decision.

This initial age assessment is just the first stage in the broader age-assessment process. Where there is still doubt, the individual will be treated as a child, pending further consideration of their age. The Supreme Court recently and unanimously held that the Home Office’s initial age assessment policy was lawful in the case of BF (Eritrea) v Secretary of State for the Home Department, and that was last year.

The policy contains various safeguards, including that an individual whose age has been disputed may be treated as an adult without further consideration of their age only where two officers, one of at least chief immigration officer grade, have independently assessed them as being over the age of 18, based on their physical appearance and demeanour. There is a large margin of error in the individual’s favour, and that is designed to ensure that only where it is very clear that the person is an adult will they be treated as such.

Where there is less certainty, the policy directs officers to afford the individual the benefit of the doubt and treat them as a child, pending further assessment by a local authority. These measures will collectively serve to further minimise instances of individuals being mistakenly assessed as adults and provide them with an easily accessible route to seek a remedy where error does occur. There are also a number of safeguards in place to ensure that children are not mistakenly removed to Rwanda. Those who are deemed suitable for the inadmissibility procedure go through either a detained or non-detained route following a case-by-case assessment of their suitability for detention. For those who are not detained, where their age has been disputed by the Home Office, they are at liberty to approach a local authority and ask for a holistic age assessment, which takes into account all relevant information and evidence in relation to the young person. These are led by qualified social workers who are trained to work with children, and it is long-established Home Office policy to give significant weight to any decision on age made by a local authority. There has been no use of X-rays in the context of age assessment since the Nationality and Borders Act came into force.

However, where an individual is assessed by a local authority to be an adult, they are at liberty to challenge that decision through the courts. Where an individual is assessed to be suitable for detention, they will be referred through the detention gatekeeper process. This was introduced in June 2016 and works independently of both referring operational teams and detained caseworker teams to ensure that individuals enter immigration detention only where it is for a lawful purpose and is considered to be a proportionate measure on the facts of the case. If the detention gatekeeper is not satisfied that detention is lawful and proportionate, a referral can be rejected, or returned for further information. This process provides an element of independence in the detention decision-making process and protects potentially vulnerable individuals from being detained when it is not appropriate to do so. This would include individuals for whom there are any reasons to have concerns about the reliability of a decision on age.

Another safeguard is the requirement for regular detention reviews. Our published detention guidance sets out prescribed points at which continued detention must be reviewed. If a person who is detained makes representations that detention is unlawful on the basis that they are a child, the officer conducting the review will consider this and a decision on whether to maintain detention or release must be made as promptly as possible. In addition to monthly detention reviews, individuals also have the circumstances around their ongoing detention considered periodically at a case progression panel. These consist of a chair, panel members and panel experts, who review the appropriateness of continuing detention in accordance with the policy and legal framework.

Those subject to inadmissibility procedures will also have access to legal advice. They will be served with a notice of intent which notifies them that they are under consideration for the inadmissibility process and provides them with an opportunity to make any representations as to why they believe the inadmissibility process should not apply to them before a decision is made; this can include any representations about age. They will have the ability to seek legal recourse where they believe they have been wrongly treated as an adult and placed in detention.

Access to independent legal advice and judicial oversight of the process are two of the most important safeguards against the removal of individuals who may have been incorrectly assessed as adults, and the Home Office will of course fully respect the outcome of any successful legal challenge. Where an individual does put in a legal challenge on the basis of their age, we will of course wait for that to conclude.

Finally, we have in place a provision within the migration and economic development partnership to facilitate the return to the UK of an individual where there is sufficient cause. This would include individuals where it is subsequently established that removal was unlawful on any basis.

In terms of further strengthening the system, and on the point made by the noble Baroness, Lady Lister, we recognise that there is more to do to make the wider system as robust as possible. The age assessment reforms within the Nationality and Borders Act will improve the accuracy of age assessment outcomes, minimising the risk that a person will be incorrectly treated as either an adult or a child.

I close by thanking the noble Baroness, Lady Lister, for securing the debate—

[Baroness Lister of Burtersett (Lab)]

I think we have some time, so before the noble Baroness sits down, I would say that we have identified a gap between theory and practice. The Minister accepts that more work needs to be done but then says that everything will be fine once the Nationality and Borders Act is operational. However, this House rejected the age assessment procedures as taking us backwards rather than forwards. A number of specific questions were asked, which I do not think the Minister has answered. I would be grateful if she could do so subsequently in writing, but could I at least have an assurance, as I asked, that officials will consider seriously the recommendations put forward by the consortium, and that whatever decisions are taken at that meeting are relayed to noble Lords who have spoken in this debate?

[Baroness Williams of Trafford (Con)]

My Lords, I know that this House did not accept the age assessment process, but Parliament did, and eventually this House did not demur on that. I will certainly take back the noble Baroness’s points on the consortium, and I hope that we can make progress in a constructive way. As I say, I look forward to further debates on this issue, because I think it is important that we get it right.

Immigration and Nationality (Fees) (Amendment) Regulations 2022

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 6th July 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I apologise to the noble Lord that I do not have those figures to hand. I also beg to ask the question the other way: I assume the amount that litigants are spending on legal fees is quite significant as well.

[Baroness Lister of Burtersett (Lab)]

My Lords, I thank all noble Lords who have spoken. I think they have amplified the case I have made very well indeed. I was struck in particular by the number of noble Lords who pointed out that this is about the morality of what is happening here. I will come on to what the Minister said, but I do not think her response really addressed the fundamental moral question that underlies so many of what may be practical technical points. That is at the heart and why we keep coming back to this issue.

I am very pleased to have a new member of the terriers. There is no waiting list and no fee, I can assure noble Lords. I am also very grateful to the noble Earl, Lord Dundee, who was not able to speak. It was a shame because I think there was confusion about when we were starting. I am pretty sure he was going to speak in support of the Motion—he is nodding—so we can take that as further evidence of cross-party support.

I thought the noble Lord, Lord Russell of Liverpool, made a very good point about training. The Minister said there is training, but how can you train people to work with, as I said, the deep ambiguity at the heart of this guidance? They are being pointed to meeting the fees and making sure that children’s needs are being met, yet at the same time they are being guided—all right it is guidance, but if they do not follow it, what do they follow in terms of assessing people’s expenditure and so forth? We heard from the noble Lord, Lord Paddick, just how minimal that is. This is not what we expect people to be able to spend as members of our society. They are our fellow citizens. The Minister talked about destitution. This is not about destitution. You should not have to be destitute to have help with the fees.

I very much appreciate the detailed response from the Minister. I think there are a few chinks of light in it. She said that the Home Office is open to comments on the guidance and the forms and so forth. I have asked that the PRCBC should be able to sit down with officials and go through the form—because it has so much expertise in putting in these applications—just to see whether we can make it less forbidding. I take heart from the fact that there have already been a number of applications. This shows the latent demand is there, with people who have been waiting because they cannot afford to pay the fee, but I suspect there are many more who would be put off.

Like the noble Lord, Lord Russell of Liverpool, I would find it incredibly difficult to fill in that form and provide that kind of information about my expenditure—I quail at the thought of having to do it over six months, on average—so I hope that one practical thing that emerges from this debate is that the form will be looked at again, together with the people who really know what this is all about and have so much experience of applying.

Although the Minister said that there were no plans to report back to Parliament, she seemed open to thinking about how that could be done. It would be helpful. As I said, we are not going away and we want to know how it is working and whether it is working well. Although I will still regularly question the level of the fee, it is not such an issue if we are happy with the affordability waiver.

At the end, the Minister said something about the complex balance of considerations. It is one thing for Ministers to talk about it, but caseworkers are being asked to consider that complex balance of considerations. That is unfair on individual caseworkers. However much training they get, it is unreasonable. The Government did not answer my plea that they delete from the form the reference to weighing up the implications for the border system. An individual caseworker should not have to weigh that up against the needs of the child, so I ask the Minister specifically to look again at that sentence. It is one thing for us to debate it here in Parliament but another for caseworkers to have to take that into account.

I am very disappointed that the Minister resisted what a number of noble Lords asked: that the best interests review be published. Although she said a bit about it, we need to see exactly what went on and the thinking behind the assessment that came out of it. Obviously, I will want to read what she said.

I will not seek the opinion of the House at this point, because what we wanted to do was to lay out the issues and give warning that we are not going away and will seek other opportunities. As I said before, the terriers will yap at the heels of the Home Office until they are satisfied that children’s best interests are genuinely being met. For the time being, and unless any noble Lord thinks I have left out something crucial, I beg leave to withdraw the Motion.

Migration and Economic Development Partnership with Rwanda

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 15th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I used to be so grateful to have my noble friend beside me. I am now very grateful for his wisdom behind me, and he is absolutely right.

[Baroness Lister of Burtersett (Lab)]

My Lords, the Refugee and Migrant Children’s Consortium has expressed grave concern that, because of the Government’s flawed approach to age disputes, it is already seeing children who have been detained as adults and issued with a notice of intent to remove them, despite Home Office assurances to the contrary. What steps are being taken to ensure that no unaccompanied asylum-seeking child is wrongly removed as an adult?

[Baroness Williams of Trafford (Con)]

My Lords, my honourable friend Tom Pursglove made clear in the other place that no unaccompanied asylum-seeking child will be sent to Rwanda, and I am sure I repeated it in this House.

Domestic Abuse Victims

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 8th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am very pleased to address the right reverend Prelate for the first time, and I welcome his first question to me. He is absolutely right that people who are tied to their accommodation, such as the clergy—there are other examples—may be terribly scared to leave that accommodation because of the homelessness implications. In the Domestic Abuse Act last year, we ensured that priority for accommodation, as secured by the local authority, will be given to those who are homeless as a result of being a victim of domestic abuse.

[Baroness Lister of Burtersett (Lab)]

My Lords, further to the question on migrant workers, the domestic abuse commissioner recently called for support for all victims and survivors of domestic abuse, regardless of immigration status, following the current migrant victims’ pilot for those with no recourse to public funds. Will the Minister commit to such support in future, given that she has repeatedly said that migrant abuse victims must be treated as victims first and foremost, regardless of immigration status? All too often that is not the case.

[Baroness Williams of Trafford (Con)]

The noble Baroness is absolutely right; I have said that before and I will say it again. People should be treated first and foremost as victims. She will know that no recourse to public funds is linked to someone’s link to this country. We will not change that policy, but I absolutely agree with her that if you are a victim of domestic violence, you should be treated as a victim of domestic violence first and foremost.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

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

My Lords, with the leave of the House, I will also speak to Motions B, L, M, T and U.

This is a happy time of the day. I want to return to Lords Amendment 1, which provides for the Chagossians to acquire British citizenship and British Overseas Territories citizenship. We heard some very powerful speeches advocating on behalf of the Chagossians, both in your Lordships’ House and in the other place. I was deeply moved on meeting one of the Chagossians with the noble Baroness, Lady Ludford. The Government accept that the unique position of the Chagossians means that we can accept a unique solution to provide them and their descendants with a pathway to British nationality. For technical reasons we have been unable to accept the amendment agreed by your Lordships’ House. However, we have tabled, and the other place has accepted, two technically correct amendments in lieu, Amendments 1A and 1B. I hope that these amendments will now also be accepted by your Lordships’ House.

Amendment 4 relates to the deprivation of citizenship. On Report, your Lordships’ House did two things in respect of the clause in question. The first was to agree to amendments to it that were tabled by the noble Lord, Lord Anderson of Ipswich. I thank him for bringing his considerable experience and legal expertise to bear on this very important issue, and for tabling amendments that met with the favour of the House. However, your Lordships also deleted the substantive clause, as amended by the noble Lord, from the Bill.

The Government have now accepted the amendments tabled by the noble Lord, Lord Anderson, and re-tabled the substantive clause, as amended by him, in the other place, which agreed to it. I strongly invite your Lordships’ House to support this course of action by not insisting on Amendment 4, which would delete the substantive clause, and by agreeing to Amendments 4A to 4F, which will restore to the Bill the clause as amended by the noble Lord, Lord Anderson.

The noble Baroness, Lady D’Souza, has moved that subsections (5) to (7) be omitted from this clause, which, of course, in the context makes no sense. These subsections relate to existing “without notice” deprivation orders and ensure that they continue to be valid. Omitting these subsections would cast doubt on the validity of these orders and create an unacceptable risk to our security. I therefore invite the noble Baroness to withdraw this amendment.

Amendments 13 to 19 relate to the offence of illegal arrival in the UK, a key element of the Bill. We want to do everything we can to deter people from making dangerous and, sadly, as we have seen, often fatal journeys. That is why we want to change the law to provide prosecutors with additional flexibility when someone has “arrived in” but not technically “entered” the UK. Your Lordships’ amendments would remove this flexibility. The other place has therefore disagreed to these amendments for their reasons 13A to 19A. There is a need to seek prosecutions when there are aggravating circumstances, and where prosecutors agree that this is in the public interest. However, the list cannot be exhaustive, as we need to be able to respond to unforeseen circumstances. I will set out in more detail what the Government mean when we say that we are seeking prosecutions only in the most egregious cases for this offence.

We will take firm action against migrants who put themselves or others, including rescuers, in danger by their actions—for example, where migrants have been seen dangling children over the side of a boat and threatening to drop them into the channel, or dousing themselves in fuel to prevent them being picked up by French search and rescue services because they did not want to be taken back to France. This would apply to instances such as those which occurred in 2020 with the stowaways on the “Nave Andromeda”, which led to the crew locking themselves in the ship’s citadel in accordance with the ship’s safety manual and making a mayday call.

Additionally, we will be targeting for prosecution migrants who cause severe disruption to services such as shipping routes, or closure of the Channel Tunnel. This happened in 2015 when a group of migrants forced their way into the tunnel despite the attempts of French officials and police to prevent them doing so. The migrants’ actions meant that the power supply to the tunnel had to be shut down and rail traffic suspended.

We will also focus on those who have arrived in the UK without permission in cases where they are criminals who have previously been deported from the UK, persons subject to exclusion decisions or persons who have been repeatedly removed as failed asylum seekers. On this basis, your Lordships’ House should not insist on these amendments.

The noble Lord, Lord Coaker, has tabled Amendment 13B in lieu of Amendment 13, which would make it an offence for persons to knowingly arrive in the UK in breach of a deportation order. Although I welcome the recognition that we need to be able to prosecute criminals who seek to evade immigration controls and return to the UK, we cannot accept this amendment, as it is just too narrow. It would not, for example, allow for the prosecution of someone attempting to arrive in the UK who has previously been excluded from the UK on national security grounds. As I have just set out, there are a number of other aggravating behaviours for which we think prosecutions would be appropriate. I therefore hope that the noble Lord will not press his amendment.

Amendment 20 would reinsert the requirement to prove that a person is acting “for gain” if they are being prosecuted for facilitating the entry of an asylum seeker into the UK. I emphasise that this Government do not prevent and have no intention of preventing humanitarian rescues from taking place, and we have built additional safeguards to this effect into the Bill. But the problem here is that proving that someone acted “for gain” is practically very difficult. It means that prosecutors are limited in the action that they can take against people smugglers. The other place has therefore disagreed with this amendment for their Reason 20A. On that basis, I put it to noble Lords that we should not accept this amendment.

The noble Lord, Lord Paddick, has tabled Amendment 20B, in which he proposes that, instead of reinserting the requirement that a person is acting “for gain”, it should be an offence to act “without reasonable excuse”. We have already set out in detail in the Bill how this offence will work, including statutory defences that would effectively provide reasonable excuses, so we do not think that this amendment is necessary.

Amendment 40 concerns the operation of the electronic travel authorisation—ETA—scheme when

“the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”

The other place disagreed with this amendment for its Reason 40A. The amendment could result in an unacceptable gap in UK border security, which would allow persons of interest or risk who would otherwise be refused an ETA to enter the UK legally. It would undermine the very purpose of the ETA scheme, which is to prevent the travel of those who pose a threat to the UK.

Although I understand the sensitivities engaged here, I reassure noble Lords that the Government stress our continuing commitment to the Belfast agreement, as well as the common travel area. An important part of this is our absolute commitment not to have any checks at the Ireland-Northern Ireland border, and British and Irish citizens will not be required to obtain an ETA. Neither will those who already have an immigration status in the UK—for example, those with a frontier worker permit. However, as now, all individuals—except British and Irish citizens—arriving in the UK, including those crossing the land border into Northern Ireland, need to continue to enter, in line with the UK’s immigration framework. This is a well-established principle of the operation of the CTA, and it applies when travelling in all directions. We are simply extending the principle to individuals requiring an ETA.

For those who require an ETA, the process of applying for one will be quick and light-touch. It will be valid for multiple trips over an extended period, so that this is not disruptive to lives or livelihoods, minimising the burden on those making frequent trips, including across the Ireland-Northern Ireland border, while protecting the common travel area from abuse as far as possible.

On the possible impacts on tourism, I assure the House that the Government are committed to working with a wide range of stakeholders, including Tourism Ireland and Tourism Northern Ireland. This will ensure that the ETA requirement is communicated effectively through targeted messaging and a variety of channels. It will also mitigate any risk of increased barriers to cross-border tourism on the island of Ireland. I therefore ask that this House does not insist on this amendment.

The noble Lord, Lord Murphy of Torfaen, has proposed a further, well-considered amendment, which would exempt residents of the Republic of Ireland. The relationship between the UK and Ireland is an important and unique one, and we are deeply committed to the strongest and closest possible partnership between us. We remain committed to ongoing communication with the Irish Government and other interested stakeholders to navigate their concerns on this matter. I therefore ask that your Lordships’ House does not insist on this amendment.

Finally, Amendment 54 prohibits the use of new maritime powers contained in the part of the schedule to which it applies from being used

“in a manner or in circumstances that could endanger life at sea.”

Noble Lords will know that the Government’s priority is to save and preserve life at sea. Our position has not changed, and as such, as the Government have made clear before, we do not think that we need to put these commitments into the Bill. The other place has disagreed with this amendment for its Reason 54A. I conclude by asking that noble Lords do not insist on this amendment, and I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, on Motion A, I am very pleased to be able to accept Amendments 1A and 1B in lieu of my original amendment. Together with assurances given on the record in the Commons, they will open up entitlement to British citizenship, which will be subject to neither a fee nor a good character test. They therefore meet the objectives of the original amendment. I thank the Minister for whatever part she may have played in helping achieve this change of heart, following the meetings she had with some of us and Rosy Leveque of BIOT Citizens.

I have two questions. When is it anticipated that applications can begin, and can the Minister confirm that it is still the Government’s intention to use some of the largely unspent £40 million Chagos support fund to help Chagossians settle here, and to help those already here who have welfare needs?

As well as the Government, I thank noble Lords from all Benches who gave such strong support to the amendment, and in particular those on the Government Benches, as I am sure their passionate support was key to encouraging the Government to think again. I thank the APPG on the Chagos Islands for helping to build that support. I also pay tribute to Henry Smith MP, who has long championed this cause in the Commons, and to the late and much-missed Lord Avebury, who first raised the issue in your Lordships’ House over a decade ago. His work to remove this and other citizenship injustices has been energetically continued by the BOT Citizenship campaign, especially David Varney and Trent L Miller.

Last but not least, I pay tribute to the Chagossians themselves, who have helped to spearhead the campaign, in particular Rosy Leveque and Chagossian Voices. The joy felt as a result of the government concession is summed up well in an email sent to me and Henry Smith from a Chagossian on Mauritius, who is longing to be reunited with his family in the UK. I will quote briefly a few lines:

“I am writing to you simply to say that words are not enough to express how thankful and grateful I am. I can’t stop crying with joy and happiness, and trust me when I say that many Chagossians in Mauritius and Seychelles are also overjoyed and overwhelmed by this result. Many of us have been keeping our grandparents’ birth certificates in a folder waiting for this day to come.”


The original injustice that deprived the Chagossians of their homeland and that perpetuates their exile remains and will rightly continue to be contested. However, I believe that all those who have contributed to the ending of the citizenship injustice done to the descendants of those for whom the Chagos Islands were home can feel pride today. I am sure that we all look forward to welcoming to the UK as British citizens the Chagossians who have been the victims of this injustice.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I have gone as far as I am willing to go by confirming that unaccompanied asylum-seeking children would not be subject to offshoring, but on some of the wider vulnerabilities it would be wrong to be drawn at this point.

[Baroness Lister of Burtersett (Lab)]

I have been trying to read the letter on my phone, but it did not arrive until after 4 pm and the Minister’s office did not have the courtesy to reply to my email. If I had had the letter at 3 pm I would have been able to read it. So I may have missed this, but I am not clear—and I apologise if the Minister explained this right at the very end—what happens to an asylum seeker who has been offshored, a horrible term, and is deemed to have refugee status by whatever country they have been sent to. Will they be sent back to the UK, or not?

[Baroness Williams of Trafford (Con)]

My Lords, it would depend on the circumstances of the case.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

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

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

My Lords, I thank all noble Lords who have spoken in this debate. I thought it might be helpful to slightly unpick the two types of workers—the difference between domestic workers in households and those who work for UK-based diplomats. Obviously they are different groups with different needs, the latter being served by the temporary worker international agreement route, which permits dependants. This is not the only aspect of our domestic immigration system that already provides what the amendment proposes. Both groups of workers are free to change employers; in fact, our existing arrangements already go further than the amendment proposes, and I will outline why.

We do not expect domestic workers to register with the Home Office because we want a worker to be able to leave as soon as their mind is made up to do so, so we must avoid anything that may act as a barrier to exercising that right. Imposing an extra condition now risks undermining changes that have been made for the better. We have already made provisions under which both groups of domestic worker can obtain a two-year extension of stay if they are found to be a victim of modern slavery. I think these arrangements strike the right balance, ensuring that those who find themselves in an abusive employment situation are able to escape it by, first, finding alternative employment and, secondly, encouraging them to report that abuse through the appropriate mechanism.

On the point made by the noble Baroness, Lady Lister, on overseas domestic workers who are not slavery victims, very similar to the case that she has pointed out, but are actually exploited, the Immigration Rules are deliberately designed to prevent the importation of exploitive practices—for example, they set out that they should be paid the national minimum wage. I hope that helps on her point. I appreciate that the case she outlined seemingly falls between the cracks, but the Immigration Rules are very clear on that.

[Baroness Lister of Burtersett (Lab)]

The fact is that I do not think it is an unusual case; I asked Kalayaan for a recent case study and that is what it came up with. The Immigration Rules are not working in that respect. We have overseas domestic workers who are being exploited but, even when they are referred to the NRM, are told that it is not slavery or trafficking. Would the Minister be willing to look at that again? There is a problem, as she put it, of some people falling through the cracks.

[Baroness Williams of Trafford (Con)]

I am not going to look at it again but I will perhaps explore it further and see why what is happening is happening. That is probably fair enough.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Committee stage
Tuesday 8th February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I have said I will write, but to be more explicit than my honourable friend was in the Commons might risk exploitation on routes taken by children. Therefore, this is as far as I will go today. I will lay out the various safe and legal routes through which children can come to this country and reiterate what my honourable friend said in the House of Commons.

[Baroness Lister of Burtersett (Lab)]

I am very sorry but the noble Baroness is not answering the right reverend Prelate’s question. It is not about safe and legal routes but about who will and will not be offshored, which is an awful term. She seems to be saying that children who are accompanied, who are in families, could well be offshored. Is that correct? The Minister in the Commons refused to answer the question and avoided it; I am afraid that is what the Minister is doing here.

[Baroness Williams of Trafford (Con)]

My Lords, I am not trying to avoid it; I am saying that that is about as far as I can go. However, I will try to outline any further detail that I can in writing to noble Lords. Noble Lords will know—

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[Baroness Lister of Burtersett (Lab)]

My Lords, I am sorry, but a whole range of noble Lords asked a question, in different ways, about what happens to the asylum seekers if they are granted refugee status in the country to which they have been offshored. Are they allowed back into this country or are they just left there? If they are left there, they have, in effect, been deported.

[Baroness Williams of Trafford (Con)]

My Lords, I do not have the answers before me, so I will write on the questions that I have not answered, if that is okay with the noble Baroness.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - Part 1 & Committee stage
Thursday 3rd February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I think I said right at the outset that I do not have a figure at this point in time. In terms of speeding up claims and decision-making, we are dealing with a sustained high level of new asylum claims, including from those who arrive in small boats who noble Lords have been talking about. That is creating an additional pressure on the asylum system, but we are committed to ensuring that asylum claims are considered without unnecessary delay and that those who need protection are granted it as soon as possible. We have in place a transformation programme. We are developing existing and new technology. We are digitising casework. We are building a high-performing team, and we are investing in training and supporting staff in professional development to aid staff retention, which we so desperately need.

A key objective of setting up accommodation centres is to resolve asylum cases faster by putting casework and other services on-site. As my noble friend Lord Hodgson of Astley Abbots said, there is no rationale per se for restricting the number of people in each site to 100, as Amendment 56 seeks to do. It is only likely to make it much more difficult and expensive to set up the centres, meaning that fewer asylum seekers will benefit from the efficiencies that we are trying to achieve. There is also no reason that unrelated residents of accommodation centres cannot share sleeping quarters provided they are the same sex, as this is already allowed in the asylum accommodation system. I take the point made by the right reverend Prelate the Bishop of Durham about the noise and probable brightness within the facilities, and I will most certainly take that comment back.

[Baroness Lister of Burtersett (Lab)]

I am sorry to interrupt, but I was so struck when we took evidence about sleep deprivation from people who had been in Napier. It really got me, as someone who hates being deprived of sleep, because it clearly is such a fundamental issue for their mental health. It is not just noisy. They cannot sleep because of the noise.

[Baroness Williams of Trafford (Con)]

The noble Baroness and I share more in common than I thought, because sleep deprivation, which I have been a bit subject to recently, is not something I find very easy at all. I am going to take those comments back and provide more commentary, on the back of the right reverend Prelate’s questions, on what we were doing and what we are doing now, if the noble Baroness will bear with me.

As I said, there is no reason that unrelated residents of accommodation centres cannot share sleeping quarters. In fact, the right reverend Prelate conceded that some people like sharing sleeping quarters with others. It is the peripheral issues that he has brought to my attention that I will take back.

[Baroness Williams of Trafford (Con)]

Okay, I thank the right reverend Prelate for being so specific. However, I do not think that, fundamentally, there is a reason that unrelated residents cannot share. This amendment clearly provides effective action to alleviate this burden and seeks to restrict the introduction of efficiencies, already mentioned, to the system.

Amendment 57 is unnecessary because there are no current plans to place those with children in accommodation centres, and all other individuals will be placed in an accommodation centre only following an individual assessment that it will be suitable for them and they will be safe.

[Baroness Lister of Burtersett (Lab)]

Will the Minister at this point make a firm, absolute assurance not only that there are no current plans—I get very suspicious when I hear that, because a plan can be thought up in a few weeks’ time—but that no children will be placed in such centres?

[Baroness Williams of Trafford (Con)]

I do not think I can go further than saying that there are no current plans because if a child was destitute and there was a place for the night, I could not say we would not put the child in an accommodation centre.

[Baroness Lister of Burtersett]

Could the Minister at least give an assurance that, except in the most exceptional circumstances, no child will be put in such a centre? I hope she can understand why saying that there are no current plans is not sufficient to satisfy us.

[Baroness Williams of Trafford (Con)]

I understand the noble Baroness’s point. I cannot go beyond saying there are no current plans, but I can think further about the point she is making and perhaps give her more detail on it, if she will allow me to do so, but that is as far as I can go. She might be further comforted by some of the things I am going to say about vulnerability, et cetera.

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[Baroness Williams of Trafford (Con)]

I repeat that these are not detention centres. There may be specific conditions—for example, if an asylum seeker needs to attend an interview about their claim, they will be required to be there—but they are not detention centres.

[Baroness Lister of Burtersett (Lab)]

I am sorry to interrupt—I know that there is a lot to cover—but I want to follow on from that important point. Again, we were given an example of a specific reason. The person may just want to go for a walk. They may want to go into the local town, if they can get there. Will they be free simply to go out when they want to?

[The Lord Bishop of Durham]

I can assist the Minister here.

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[Baroness Williams of Trafford (Con)]

There is a limit to both the resources and the geography of this country. That is why the system needs to run in a way that accommodates the most vulnerable people. People whose claims are not upheld need to leave.

[Baroness Lister of Burtersett (Lab)]

My Lords, I thank Committee Members for their kind words and, more importantly, those who made strong contributions in support of these amendments. It is not appropriate to cover them all in detail, but what is important is that the case was made for decent accommodation for asylum seekers that promotes their welfare and is based on a recognition of their common humanity.

While to an extent it is true that, as the noble Lord, Lord Horam, said, I am not opposed to accommodation centres in principle, I am opposed to what I think is envisaged. I am sorry if I did not make that clear. It is one thing to have small, homely centres; it is another to have things based on military barracks or their equivalent.

I will refer to what two noble Lords said before turning to the Minister. First, the noble Lord, Lord Hodgson, asked me a specific question about why 100 residents. To be honest, I do not know the answer. The British Red Cross suggested 100 and I have great respect for its work in this area, but the specific number is not important. What is important is that people at such a centre can feel that it is their home for a while. That point was made powerfully by the right reverend Prelate the Bishop of Durham. There is a real danger that big centres—this is what HOPE not hate is afraid of—will attract the kind of hostility that residents of Napier have faced. The noble Lord made the point that it would be easier to accommodate families, but the Minister herself said that this is not the intention; these are not appropriate for families. I have not come up with an actual answer, but the noble Lord, Lord Hodgson, also had the grace to acknowledge that his argument was based on anecdote that people might prefer to be in larger groups. But I have been using the evidence from both research and organisations working on the ground.

I also want to pick out what the right reverend Prelate said, partly because he made an important point at the outset about how, not in all but in many cases, we are talking about future citizens. He made a wonderful remark: he said that we should treat them as

“a gift to us rather than a problem”.

Too much of this debate has been based on the assumption that these people are problems. Please bear in mind what the right reverend Prelate said.

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[Baroness Williams of Trafford (Con)]

My Lords, it is based on a calculation. I shall not try to bluster my way through what that calculation is, but I shall get the details to the noble Lord. As I said to the noble Baroness, Lady Meacher, people who are destitute will have things like council tax and utility bills paid for them by the Home Office.

[Baroness Lister of Burtersett (Lab)]

I hate to say it, but I have just checked my phone and there is no evidence there of that letter having arrived.

[Baroness Williams of Trafford (Con)]

My Lords, we often say that we will not provide a running commentary, but I will provide a running commentary on said letter. When we break for the Statement at 3.30 pm, I shall look to the Box as to the whereabouts of the letter —which I did clear some time ago.

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[Baroness Williams of Trafford (Con)]

That is not in dispute; I was just echoing the point made by my noble friend Lady Stowell about respect, because I think it is always a good thing to be promoting.

I too listened to “More or Less” yesterday—the programme that the noble Baroness, Lady Jones of Moulsecoomb, referred to—and I think the conclusion was that it depended on how you looked at it. So everyone was right and everyone was wrong, all at the same time; I think that was the conclusion. But I very much enjoyed listening to that calculation.

Anyway, before I cause any more controversy, I will start by saying that it is very clear that individuals leaving asylum support following a positive immigration decision receive the assistance that they need to obtain other housing and apply for other benefits, such as universal credit, that they are entitled to. We do not think it is sensible to increase the length of time they remain eligible for asylum support from 28 to 56 days, and I will explain why.

The asylum accommodation estate is under huge strain and demand for normal asylum dispersal accommodation —that is to say, flats and houses obtained from the private rental market—is exceeding supply. The only way to meet this demand has been to use hotels, and there are currently around 26,000 people accommodated in them. A programme of work is under way to drive down the use of hotels by obtaining more dispersal accommodation and introducing accommodation centres. This clause would impede this work—I hope that answers the question put by the noble Lord, Lord Coaker, about “Why not 56 days?” In simple terms, the longer that successful asylum seekers remain in asylum accommodation, the fewer beds will be available for those entering the asylum system, including those temporarily accommodated in hotels at great expense to the taxpayer.

We are aware of reports that some refugees do not access UC, as it is called, or other benefits or adequate housing within 28 days. The reasons for this are complex, but the problem is not solved by increasing the 28-day move-on period, for reasons I have explained, and that is why our focus has been on implementing practical changes with the aim of securing better outcomes for refugees within the 28-day move-on period. The noble Baroness, Lady Lister, talked about some of the things that have been done during the pandemic that have actually improved the situation. These include ensuring that the 28-day period does not start until refugees have been issued with a biometric residence permit, the document that they need to prove that they can take employment and apply for universal credit, and that the national insurance number is printed on the permit, which speeds up the process of deciding a UC application.

We also fund Migrant Help which, as noble Lords will know, is a voluntary sector organisation that contacts refugees at the start of the 28-day period and offers that practical, move-on assistance, including advice on how to claim UC. I think this is a big change from the last time the noble Baroness and I spoke on the subject. We offer advice on the importance of an early claim; on other types of support that might be available; on booking an early appointment at their nearest DWP jobcentre, if needed; and on how to contact their local authority for assistance in funding alternative housing. We did evaluate the success of the pilot scheme that booked an early appointment with the local jobcentre for those who wanted one. The evaluation showed that all applicants for UC in the survey received their first payment on time—that is, 35 days from the date of their application—and that those who asked for an earlier advance payment received one, although I take her point about the advance payment. This assistance is now offered to all refugees leaving asylum support and is provided by Migrant Help, which again, as the noble Baroness knows, is a voluntary organisation funded by the Home Office.

Asylum accommodation providers are under a contractual duty to notify the local authority of the potential need to provide housing where a person in their accommodation is granted refugee status. Refugees can also apply for integration loans which can be used, for example, to pay a rent deposit or for an essential domestic item or work equipment, or for training.

We have a proud history of providing protection to those who need it, and I can reassure the Committee that this Government are committed to ensuring that all refugees are able to take positive steps towards integrating and realising their potential. We keep the move-on period under review, but we must consider the strong countervailing factors that make increasing it very difficult at this stage. For the reasons that I have outlined, I hope that the noble Baroness will withdraw her amendment.

[Baroness Lister of Burtersett (Lab)]

My Lords, I thank everyone who spoke in support of the amendment, and I thank the Minister. I did ask some questions that she did not answer. I will not push them now, but I would be grateful if she could write to me, particularly about the potential implications of the Bill for the numbers affected—but I am conscious that we all want our lunch so I will not press her to reply now.

I said that hope springs eternal, but hope constantly gets dashed, does it not? It is the same old arguments. I was aware that there had been improvements since I last raised this with the Minister, so I asked the British Red Cross to brief me on what those improvements were and what the effects had been—and, yes, they have had some effect. But there are still problems, otherwise the British Red Cross would not be asking us to put this amendment. So why does the Home Office think that everything is hunky-dory? I take the point about accommodation, although, as I pointed out, if you leave newly recognised refugees without accommodation there are knock-on costs for other statutory services. But that point is not valid for UC. So even if one accepted the point about accommodation —which I do not—why cannot newly recognised asylum seekers receive asylum support for longer before they get UC?

It is not complex; it is quite simple. As the noble Baroness, Lady Hamwee, said, just do the maths. It is simple arithmetic: there is not enough time. I actually think it is a territorial issue about who is paying. I ask the noble Baroness—I am sorry, I need my lunch and I am sure the Minister does too—the Minister to take this back to her department and the DWP and look again at the basic incompatibility with universal credit. If nothing else, I think there is a strong case for continuing financial support for longer than 28 days to ensure that people can claim UC. I will leave it at that, and I beg leave to withdraw the amendment.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - Part 2 & Committee stage
Tuesday 1st February 2022 Lords Chamber

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

My Lords, I thank all noble Lords who have spoken in this debate for what have been very thoughtful contributions. I will directly address the question that the noble Lord asked me in the previous group about locking single males up. I have not seen the Times article. If he will allow me, I will look at it and respond in due course.

Although the policy is intended to deter dangerous journeys and encourage people to claim asylum in the first safe country, I assure noble Lords that we have been very careful to strike the right balance between how the policy achieves its aim and protecting the most vulnerable, which is what noble Lords have spoken about this evening. Before I explain why I think statutory exemptions are probably not needed, I will offer a few thoughts in relation to how the “without delay” element of Clause 11 is anticipated to operate.

There are two broad categories under which I envisage the exercise of discretion is most likely to be appropriate. The first is where a person finds themselves unable or unwilling to present themselves to the authorities for any reason that pertains to their proposed asylum claim. In such instances, there will need to be very careful consideration of whether it was reasonably practicable for that person to have claimed without delay. For example, if they had been tortured—noble Lords have given this sort of example—suffered sexual violence at the hands of state authorities or, indeed, feared admitting their sexual orientation due to state persecution on those grounds, this sort of situation would trigger very careful consideration.

The second category is where a person was simply not in control of their actions. In such circumstances, we would also be very careful to consider the facts of that case when determining whether it was reasonably practicable for that person to have claimed without delay. I think primarily of victims of human trafficking, unaccompanied children, and those suffering serious physical or mental disabilities.

The noble Baroness, Lady Lister, asked about statistics. I do not have them to hand, but I will try to get them.

On the guidance and training, one of the things that I looked into in great detail way back, when we talked about LGBT people in the detention estate, was how practitioners went about establishing claims made on the basis of a person’s sexual orientation. It is fair to say that, back in the day, “clunking” would probably have been a charitable word to use—some of the ways people were questioned were on the verge of being inhumane. We really went to extraordinary lengths to try to change that and make it a much more humane process. It is now about establishing the reasons why someone is making a claim, not proving it, so our policies and training are now designed to support claimants in being able to explain their claim in a very sensitive and safe environment. Our approach, I can confirm, is trauma informed.

Our guidance on sexual orientation and gender identity, as I said previously, was developed to take these issues into account—UNHCR, Stonewall and Rainbow Migration contributed to its development—and we will review and update our training and guidance where necessary to support people who are LGBT+. I confirm again that this will take people’s experiences into account, including the trauma that they have suffered. I thank those organisations, particularly Stonewall, Rainbow Migration and UNHCR, that have helped to make the process far more humane so that people’s very difficult journeys and experiences are eased somewhat by our attitude and approach.

[Baroness Lister of Burtersett (Lab)]

I thank noble Lords very much for their support for this amendment—their willingness to apply some lipstick to the pig that I think we would all like to be rid of. Some very powerful speeches made the case very strongly for why the groups which are listed may well have good reasons for delay. I take the point that any asylum seeker is, by definition, likely to be vulnerable, but we are talking here about those who have particular vulnerabilities.

I thank the Minister for giving more of a sense of what will happen. It is late and I need to read what she said, but I think that the powerful speeches from noble Lords and the Minister’s response justified our taking this as a separate amendment. As I have said, it was not interrogated in the Commons; this has given us a chance to do that.

I thank the Minister for saying that she will look into the statistics—it was I, in fact, who raised it; I think Women for Refugee Women would value having whatever statistics are available. However, just last week, the British Red Cross produced research suggesting that, for all the better training and guidance, women asylum seekers are still treated very badly, with a lack of gender sensitivity and trauma sensitivity. I would encourage the Minister to read this research, think about it and see what more needs to be done.

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[Baroness Williams of Trafford]

It might be helpful to the noble Lord if I outlined situations in which it might be applied, as opposed to putting them in the Bill. I am very happy to go away and look at that and write to him with some examples of where it might be applied—I get his point on that.

[Baroness Lister of Burtersett (Lab)]

I thank all noble Lords who have spoken. There have been some very powerful arguments for the amendment. I am particularly grateful to the noble Baroness, Lady Stroud: she put it better than anyone else could, drawing on her knowledge of these issues. I thank the Minister but I must say that I am disappointed. The whole point of the amendment was to try to get a bit of clarity—my noble friend Lord Rosser has been trying, without success—but, to be honest, I am none the wiser now than I was at the beginning as to who will and will not be subject to the “no recourse to public funds” rule.

The noble Baroness, Lady Stroud, made the point that discretion involves subjective judgment. I have been involved in social security for a long time. There was a reason why we reduced the element of discretion in it: because subjective judgment may be used in ways that we do not feel very happy with. It can be negative as well as positive. All that we know about the culture of disbelief in the Home Office, the refugee system and so on does not fill me with great hope.

I am glad that the Minister said that she will write to my noble friend; I hope that she will copy it to everyone who has taken part in this debate. I hope that she will look at Hansard and the questions I asked to see whether she can answer some of them. If she cannot, it suggests that, as my noble friend said, this has been put in the Bill without a clue as to what it will actually be used for—and that is not good.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - Part 1 & Committee stage
Tuesday 1st February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I hope that, through the course of my response here, I will lay out the rationale for why we are doing what we are doing. We disagree with the UNHCR and we feel that, as a sovereign nation, it is up to us to interpret the 1951 convention.

[Baroness Lister of Burtersett (Lab)]

If the Government’s argument is to be that they have a different interpretation, it is not clear why we should accept their interpretation over the UNHCR’s interpretation. I asked if the Government would publish the legal advice on which their interpretation rested. Then we can judge against other interpretations.

[Baroness Williams of Trafford (Con)]

I think the noble Baroness knows that we do not do that. I am not going to commit to publishing the legal advice. I am, however, going to come to her questions later if the Committee will be patient.

Can I get on now to pull factors? They are complex, but it is reductive to claim that asylum seekers do not ever make decisions about their destination based on policy calculations. They are like the rest of us; they do not simply respond to one or two factors such as family or language in making a choice. Many more factors come into play in this respect, as my noble friend Lord Hodgson of Astley Abbotts mentioned, and one of those will very naturally concern how to rebuild the life they lost after being forced to flee their country of origin. But to defend the first safe country principle for the reasons I have set out, we must do everything we can to deter dangerous secondary movements from countries that are already safe and provide perfectly good means for a flourishing life.

Noble Lords have mentioned Denmark, Australia and Japan. We have seen large reductions in spontaneous intake in both Denmark and Australia, following similar approaches to that which we intend to take. In fact, Australia resettles the single largest number of refugees in the world.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - Part 2 & Committee stage
Thursday 27th January 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not think that anybody in this Committee would say that what happened to the Chagossians was, by any means, acceptable to them personally. I do not think I was trying to make that case.

[Baroness Lister of Burtersett (Lab)]

My Lords, I thank everyone who has contributed to this debate. It is fair to say that there is unequivocal support across the Committee—perhaps not for the exact wording of the amendment, but for what it is trying to achieve. Noble Lords spoke very strongly. It is unusual for nothing to be said in opposition to what is trying to be achieved.

The Minister expressed her sympathy and empathy. I am afraid that butters no parsnips when it comes to what the Chagossians rightly want. As other noble Lords have said, this is a question of justice and human rights. My noble friend Lady Chakrabarti asked a pertinent question about the distinction between those who choose to leave a British territory and those who are forced out. The Minister has accepted that a wrong was done. Whichever Government were in power—I know it was my party—we share the shame. Here is an opportunity, not to put it right but at least to do something tangible that will go some way towards putting one aspect of it right.

I am desperately disappointed that the Government are still using the argument that, because the Chagossians are in the wrong place, they are subject to a long-standing principle of British law. What other group of people has been forcibly evicted in this way? As I said, we are not setting a precedent because I assume we are not planning to evict anybody else.

I thank the Minister for the offer of a meeting. Perhaps we could take a cross-party delegation to reflect the strength of feeling across the House. I hope she will think again. If not, I shall want to bring this back on Report.

My noble friend Lady Whitaker has been supporting the Chagossians for many years; I am relatively new to this issue and the legal position is extremely complicated. I may not have it completely right but there is a principle of justice and human rights, which has been recognised across the Committee. We must use this legislation to put it right. As a number of noble Lords have said, there is no better place than this part of this Bill, which is about putting right historical discrimination in nationality and citizenship law. Having said that, I beg leave to withdraw the amendment for now.

Windrush Compensation Scheme

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 24th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said previously in Questions about the Windrush scheme, we have reached out not just to communities where we think applications might be forthcoming but to communities and faith leaders overseas, because we want as many people to apply as are entitled to—not just entitled to but deserve—the compensation for their suffering. To go back to the noble Baroness’s previous question, moving the scheme out of the Home Office would risk significantly delaying vital payments to those affected.

[Baroness Lister of Burtersett (Lab)]

The Home Affairs Committee report said:

“We can only conclude that four years on from the Windrush scandal, vital lessons have still not been learned by the Department.”


It is four years on. What is the Minister’s explanation for this shameful failure?

[Baroness Williams of Trafford (Con)]

My Lords, it was possibly a year ago, even two years ago, that I stood up and acknowledged that the scheme was not running as swiftly as it could, that people were not getting the compensation that they should and that we needed to do more to reach out. I fully accepted that criticism.

But, as I said to the noble Baroness, Lady Benjamin, we continue to make improvements to the scheme. The result of this is evidenced in the amount of compensation paid out rising from less than £3 million, which it was at the time, to over £31.6 million, with a further £5.6 million having been offered. We have brought in some new support measures to those claiming on behalf of relatives who have passed away. We have also increased our number of caseworkers to over 80, with another 34 coming online shortly. For those needing more support in applying, we have funded an organisation to provide free independent claimant assistance to individuals.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Lords Hansard - part two & Committee stage
Wednesday 3rd November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I thank all noble Lords who have spoken in this debate on Clauses 62 and 64. I am grateful to have had discussions with the noble Baroness, Lady Whitaker, and am happy to have further discussions with the noble Lord, Lord Young of Norwood Green, before Report.

These clauses deliver on a clear manifesto commitment to tackle unauthorised encampments. It is worth quoting directly from the Conservative manifesto, as the commitment was in explicit terms. The manifesto said:

“We will give the police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised encampments, in order to protect our communities. We will make intentional trespass a criminal offence”.


The noble Baroness, Lady Lister, and others have challenged me to say, if I was not talking just about the Gypsy, Roma and Traveller community, who I was talking about. It is anyone who sets up camp on unauthorised land and causes significant damage, disruption or distress. My noble and learned friend Lord Garnier gave us an example, and he was not even sure who the individuals were. When I go on holiday to Cornwall, I see examples of unauthorised encampments, and I do not know who the individuals are. It is a wider problem than just Gypsy, Roma and Travelling communities.

We have brought forward the measures in Part 4 because we understand the challenges many locations across the country face when individuals cause significant damage, disruption or distress to communities, businesses, and landowners. The financial cost of cleaning up sites and repairing damage can also be significant. It is not a sound assumption to say that landowners will have sufficient resources to be able to clean up after some of the damage that is caused to their land. The measures are a proportionate means of protecting the rights of communities. While we must ensure fair and equal treatment for Travellers, and recognise that the majority are law-abiding, as the noble Lord, Lord Young of Norwood Green, said, we are equally clear that we will not tolerate law-breaking and we are determined to ensure that the police have the powers they need to support and serve their communities. That is why we are introducing this new criminal offence as a proportionate means of protecting the rights of communities.

It is very important to recognise that the threshold for the new offence is high. The act of taking a vehicle on to someone else’s land without their permission is not in and of itself criminalised by this clause, nor is an “unauthorised encampment” in itself an offence. There are several conditions to the offence, all of which must be satisfied for someone to be found guilty of the offence. Most importantly, the offence requires conduct or residence that causes, or is likely to cause, significant damage, disruption or distress. I would hope that no one in your Lordships’ House would condone such conduct.

I move now to the amendments. The three government amendments in this group, Amendments 134, 146 and 148, are simply clarificatory in nature so I do not propose to say more on them at this stage.

Amendment 133 in the name of the noble Baroness, Lady Whitaker, would have the effect that no criminal offence is committed unless the police make the request to the trespasser to leave. This would remove the ability of a landowner to trigger the offence by requesting that trespassers leave their land, and would slow the enforcement process down, while using more police resource.

As I have said, the new offence targets only those who cause significant damage, disruption or distress and who do not leave when asked to do so. It is right that on those occasions where significant harms have taken place, enforcement action should be taken to protect citizens and businesses. This amendment would remove the ability for police to act more quickly where they need to in response to unauthorised encampments causing significant harm, disruption or distress.

Noble Lords have raised concerns that this means that those on unauthorised encampments could be criminalised simply because the landowner does not want them there or because they hold prejudiced views towards people. This is simply not the case. The police will need to continue to collect evidence to form reasonable grounds for suspecting that the offence has been committed, and the offence will apply only where specific conditions have been met. In addition, we expect that the police will continue to have regard to their duties under the Human Rights Act 1998 and to their duty to safeguard the vulnerable before and when taking enforcement decisions.

A few noble Lords referred to the word “significant”, specifically the noble Baroness, Lady Brinton. It is widely used in legislation, and examples are set out in the draft statutory guidance. This type of qualifying term is used for other offences without government guidance; for example, the Public Order Act 1986 refers to

“serious disruption to the life of the community”,

and Section 14A of that Act, on prohibiting trespassing assemblies, refers to “significant damage”.

On the Human Rights Act, the Government believe that the measures are compliant with the ECHR and the Equality Act 2010. We respect the rights of the Traveller community to follow a nomadic way of life, in line with their cultural heritage. Enforcement action will not be based on race or ethnicity. Anyone who causes significant harm, disruption or distress and does not leave when asked to do so will commit the offence.

Amendment 135 in the name of the noble Lord, Lord Rosser, seeks to provide that the offence is committed only when a suitable site has been offered. There is no justification for causing significant harm, disruption or distress—the lack of availability of a pitch on an authorised site cannot be an excuse for such conduct. As I have said, the fact of the unauthorised encampment is not in itself an offence. If significant harms are being caused, it is only right that the police have powers to tackle those harms, and that those harms should incur enforcement action in the way that any other criminal behaviour would.

Amendment 136 in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville—I know she has had to leave, or else she will not get her last train home—would require a senior police officer to conduct a welfare assessment before considering if enforcement action is proportionate. I can assure the Committee that, in making decisions around the seizure of property, the police will need to take into account welfare considerations and vulnerabilities, and, where possible, should liaise with local authorities regarding suitable accommodation, just as they currently do.

Therefore, we do not think that this amendment is necessary. The police already give full consideration to their responsibilities under their public sector equality duty, and to the potential impact that issuing a direction to leave, or utilising powers of arrest and seizure, may have on the families involved, before they reach a decision on taking enforcement action. Each case will be dealt with on its own merit and according to the evidence.

[Baroness Lister of Burtersett (Lab)]

I am sorry to interrupt. Perhaps at this point the Minister could say what is meant by not gold-plating these considerations, because it gives the impression that, ultimately, they can be put to one side.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Report stage
Wednesday 17th March 2021 Lords Chamber

[Baroness Williams of Trafford (Con) [V]]

My Lords, I start by acknowledging the comments of the noble Baroness, Lady Fox, on what Helena Edwards said—that is something upon which we should all reflect.

As the noble Baroness, Lady Lister, said, Amendment 91 relates to the linkages between domestic abuse and wider violence against women and girls. The Government are working on two new strategies, due to be published later this year, the first of which is a violence against women and girls strategy, replacing the old one, which expired in March 2020, followed by a complementary domestic abuse strategy. The amendment seeks to ensure that any guidance issued under Clause 73 of the Bill takes into account

“any strategy to end violence against women and girls adopted by a Minister of the Crown.”

The main concerns raised by proponents of the amendment centre around the Government’s decision not to produce a single, integrated violence against women and girls strategy that includes domestic abuse. This has wrongly been interpreted as an attempt to downplay the gendered nature of domestic abuse.

It is irrefutable that, while anyone can be a victim of domestic abuse, it is a crime of which the majority of victims are women. We recognise the gendered nature of domestic abuse, and the Bill acknowledges this in Clause 73(3), which provides:

“Any guidance issued under this section must ... take account of the fact that the majority of victims of domestic abuse ... are female.”


The draft guidance we have published does just that. We have been clear that the two strategies will complement each other and that the Government fully recognise that domestic abuse is a subset of violence against women and girls.

The Bill is focused on domestic abuse, and for good reason. Domestic abuse is one of the most common crime types, with 2.3 million victims a year, and the cause of tackling it and providing better support and protection for victims is deserving and indeed requires its own Bill, commissioner and strategy. We are producing a separate but complementary domestic abuse strategy in order to continue working on the excellent provisions created by the Bill because, as I have said, domestic abuse deserves this unique consideration.

I reiterate that, in producing a discrete domestic abuse strategy, the intention is to create space to focus on this high-harm and high-prevalence form of VAWG, while allowing space for other VAWG crimes to be considered as part of the VAWG strategy. The two strategies will work together to drive down VAWG crimes and their impact on society, and both strategies will continue to recognise the gendered nature of these crimes. As I have said, the strategies will complement each other and share much of the same framework and evidence.

We recently concluded the call for evidence for the violence against women and girls strategy, through which we also welcomed evidence on domestic abuse. However, as I said in the previous debate—I now have an updated figure—we have reopened the call for evidence for two weeks to allow a further opportunity for everyone’s voice to be heard. As of last night, the call for evidence had received just shy of an incredible 137,000 responses, and I hope that we will now receive many more.

As such, we fully acknowledge the direct link between domestic abuse and violence against women and girls, but the Government do not think that this amendment is necessary or appropriate for a domestic abuse Bill. The Bill already recognises the gendered nature of domestic abuse, and we do not think that a reference to a separate VAWG strategy is directly relevant to the Bill. If it were to refer to any strategy, it should be the planned domestic abuse strategy, but, for the avoidance of doubt, I am not advocating an amendment to this effect.

I do not think that I have persuaded the noble Baroness; I hope that I have and that she will be content to withdraw her amendment.

[Baroness Lister of Burtersett (Lab) [V]]

I thank noble Lords and all who spoke in support of this amendment. I was puzzled by the intervention of the noble Baroness, Lady Fox, because most of it did not seem to be relevant to this amendment at all. I am even more puzzled and disappointed by the Minister’s response—I think she knew very well how I would respond. As far as I can see, the arguments have not moved on since Committee, whereas our argument has.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Report stage
Monday 15th March 2021 Lords Chamber

[Baroness Lister of Burtersett (Lab) [V]]

I thank the Minister for her very full reply. She said, rightly, that I had pressed her and that there was no intention to park the issue, but what I really pressed her on was an assurance that there is no intention to enter a reservation to the Istanbul convention on the question of migrant women.

[Baroness Williams of Trafford (Con)]

My Lords, I can state quite honestly from my point of view that I know of no intention to enter a reservation.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Yes, I can certainly request that on behalf of the right reverend Prelate.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I thank all noble Lords who have spoken in this debate, and also the Minister. Noble Lords have enriched the arguments but, given the time, I will not go over what they said. I will not try to come back on the Minister’s arguments because it feels a bit like Groundhog Day. I am disappointed, however, that the noble Baroness did not acknowledge the point that I and my noble friend Lord Rooker underlined, as did others: there is a real tension between social security policy and domestic abuse policy. The policies that she is so committed to in this Bill will be undermined by DWP policies. I hope that at the very least she will take back to the DWP the concerns that have been raised today.

I thank the Minister for saying she will try to arrange for Women’s Aid to meet the DWP Minister to talk about training. As for panic rooms, will the noble Baroness have words with the Secretary of State for Work and Pensions about what has happened and why no action has been taken in response to that judgment? Time is ticking past—we really should have action by now.

My noble friend Lady Sherlock asked a couple of very specific questions about the Minister’s position, and I wonder whether she could write in response. I think I will leave it at that.

I take the point of my noble friend Lord Rooker that it would have been good to have been able to vote on this issue. However, there are so many amendments that noble colleagues want to vote on that I realise it was not possible. That should not mean that Ministers think we do not attach great importance to the arguments that have been made today. I just hope that the Minister will take those arguments to the DWP and see, behind the scenes, if something can be done. Having said that, I beg leave to withdraw the amendment.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I think what the noble Lord, Lord Hunt, has just said could be the subject of a Question for Short Debate or even quite a long debate in your Lordships’ House, so complex is what he has just said so simply. By making reference to gender in the guidance but also having a gender-neutral definition, we recognise two things: first, that domestic abuse is mainly perpetrated against women, but taking into account that men, such the noble Lord, Lord Paddick, who outlined his story so eloquently, can also be victims of domestic abuse. I said at the beginning of my speech that our aim is to protect and support all victims of domestic abuse, so I hope that what the Government have done, notwithstanding the legislation in the Commons, has struck that balance right.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I very much appreciate the Minister’s sensitive response to the amendment, but I asked her two questions and I do not think she really answered them. First, when all the stakeholders—all the people working in this area—think that it is a retrograde step to separate, even if they are complementary, domestic abuse and VAWG strategies, why do the Government think that they are right and everyone else is wrong?

My other question was why the Government think that separate strategies will be more effective than an integrated strategy, which could have separate strands within it? The Minister said that my amendment—or our amendment, because it is supported by the noble Baroness, Lady Hodgson, and the right reverend Prelate the Bishop of Gloucester, to whom I am very grateful—is not necessary, but she has not said anything that convinces me that there is an argument against including it in the draft guidance. It is not about just gender neutrality; it is about integration, coherence and a holistic strategy.

I do not know how much she can say now, but it suggests that we may have to come back with this in order to get a more plausible answer about why this should not go into the guidance alongside what has already been put in it by the Government on gender.

[Baroness Williams of Trafford (Con)]

I understand what the noble Baroness says. She made a point about VAWG versus DA. Of course, domestic abuse is a type of violence against women and girls, although violence against women and girls goes far wider than domestic abuse. We are going to be bringing forward a domestic abuse strategy later this year. I can see the noble Baroness shaking her head, and I do not think I am going to convince her at this stage.

Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

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

[Baroness Williams of Trafford (Con)]

My Lords, the Part 4 duty in the Bill does not preclude the provision of community-based services. I understand what the noble Lord is saying: because local authorities have the duty to provide accommodation-based services, that means they will not provide community-based services. However, I do not think it does. There is a recognition that we need to explore this further, hence we have committed the domestic abuse commissioner to doing this mapping exercise. That work clearly needs to be explored, but it is very hard to make a bid to the Treasury without knowing exactly where the gaps lie. That is not to say there are no gaps—I am sure there are— but we are just not clear on what the actual ask of the Treasury will be.

As to whether we can ensure that some of the money given to local authorities goes to community-based services, local authorities clearly know the needs of their area, and I hope that they would allocate the money accordingly.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, the Minister gave the arguments that were given when the Social Fund was replaced by local welfare assistance schemes. Can she explain how the one in seven local authorities that do not have a local welfare assistance scheme will assess and meet the needs of domestic abuse survivors through such schemes when they do not exist in their area?

Migrant Women: Domestic Abuse

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 23rd November 2020 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what steps they are taking to protect migrant women who have been subjected to domestic abuse who have no recourse to public funds.

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

My Lords, it is essential that migrant victims of domestic abuse, including those with no recourse to public funds, are treated first and foremost as victims. Already, the destitution domestic violence concession provides emergency crisis support to protect victims on certain spousal visas. We are taking steps to provide further protection through the £1.5 million scheme to support migrant victims, and to assess and address shortfalls in the current provision.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, instead of listening to the Joint Committee on the Draft Domestic Abuse Bill, organisations on the ground and the commissioner-designate, the Government’s review of migrant domestic abuse victims has produced a pilot widely condemned as unnecessary, totally inadequate and, despite what the Minister has just said, potentially discriminatory, because it subordinates abused women’s needs to their immigration status. Will the Government act on these concerns and rethink the pilot or, better still, enshrine in the Bill protection for abused migrant women and the Istanbul convention principle of non-discrimination, as is widely called for?

[Baroness Williams of Trafford (Con)]

We listened very carefully to the Joint Committee’s recommendations. I will discuss with colleagues whether there is any discrimination inherent in the scheme. While it will be in force for only four months, we fully intend to roll it out far beyond March. I will keep the noble Baroness updated, and certainly take back her point about discrimination within the scheme.

Project for the Registration of Children as British Citizens v Home Office

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 19th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I refer the noble Lord to when the fees were last agreed. They were set out in Section 68(9) of the Immigration Act 2014, during the coalition Government.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, could the Minister confirm that the “task and finish” exercise which she promised at Report stage of the immigration Bill will address the barriers to children registering their citizenship, as covered in my amendment, and that the outcome will be reported to your Lordships’ House?

[Baroness Williams of Trafford (Con)]

On Report, I promised to meet with noble Lords. I called it “task and finish”, but I am still thinking of the best way to set that up. And yes, I would like to report some of the findings of that discussion to your Lordships’ House.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

I thank all noble Lords who spoke in support of the amendment, from right across the House, and who very much strengthened the case. Some important points were made and I pick out just two. One is that, over and over, people emphasised the modesty and reasonableness of the amendment and pointed out how carrying out a review like this would be very much in the spirit of both the lessons learned review and the recent Public Accounts Committee report, helping to provide the evidence that it said was lacking. Here—just thinking about the Trump terrier—we are not talking about fake evidence; we are talking about real evidence, based on people’s experiences. There is a sort of incomprehension that the Government cannot accept this modest, reasonable amendment.

That said, I welcome the Minister’s tone and her acknowledgment that there is absolutely no point in trotting out the arguments that have been trotted out up to now, because we simply will not accept them in this House. I feel that we have made progress on that score. I welcome her willingness to talk about it further and I welcome the fact that she has committed to take it back to the Home Secretary. The point about the review that we have asked for is that it requires a report to come back to Parliament. We do not have a clear channel that will ensure that we have an opportunity to come back to this, to say, “Okay, the Minister has agreed to look at this further and to discuss it with the Home Secretary”—I would be very happy to give way if the Minister could say in what way we can then hold her to account in this House on that.

[Baroness Williams of Trafford (Con)]

Noble Lords never fall short in holding me to account. I would quite like to do a sort of task-and-finish activity, but one of the ways I can take this forward is to think about how we can then bring that back to the House, if that is sufficient for the noble Baroness.

[Baroness Lister of Burtersett (Lab)]

Thank you. That is very welcome. While obviously I am disappointed that the amendment has not been accepted, I feel that we have made progress this evening. That is partly because of the strength of support from noble Lords across this House. I am very grateful to them, I am grateful to the Minister and I beg leave to withdraw the amendment.

Asylum: British Overseas Territories and Ferries

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 5th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

Well, I think any noble Lord who listened to my right honourable friend yesterday will at least concede that humanity was at the heart of what she was saying. She was talking about a “firm and fair” immigration system, and about the people traffickers who exploit the most vulnerable. I can confirm that we will act in accordance with our international conventions, and I will not comment on the leaks.

[Baroness Lister of Burtersett (Lab)]

My Lords, I have read the Home Secretary’s speech, but how do such ideas, which are widely condemned as inhumane and dehumanising, square with her stated ambition to build a

“more compassionate … Home Office that puts people first”?

Are asylum seekers not people with human rights who are entitled to be treated with dignity? According to the central recommendations of the Windrush Lessons Learned Review, that should underpin all Home Office policy.

[Baroness Williams of Trafford (Con)]

The noble Baroness will appreciate that my right honourable friend the Home Secretary’s words do not accord with many of the things that were leaked. She is absolutely committed, as the noble Baroness will have heard, to accepting all the recommendations in the Wendy Williams lessons learned report. We are working through those now and we want a humane, fair but firm immigration system.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 16th September 2020 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

I am sorry to deter the noble Baroness; I think there was a delay in my request getting from here to there. I thank the Minister for answering most of my questions, but could I just push her a bit further? If the review decided that the only way to address the problems created by the hostile/compliant environment would be to reform the legislation, such as right to rent, is it within its power or terms of reference to be able to recommend that kind of legislative reform?

[Baroness Williams of Trafford]

I am not being obtuse, but the noble Baroness is talking about hypotheticals. I do not think that that is the case, but perhaps we could speak further about it after Committee.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I could go through them tonight, but I think the Committee is probably getting quite weary, as is the noble Baroness, Lady Hamwee, so I will write and explain.

[Baroness Lister of Burtersett (Lab)]

I am very grateful to all noble Lords who added their names to this amendment or who spoke from across the Committee. The noble Lord, Lord Alton, talked about being a member of the infantry. With infantry like this, who needs generals? We have had such powerful, passionate, well-informed speeches from across the Committee. I think they all came from the heart, and that is what made them so powerful. It is clear that everybody feels very strongly about this, particularly when talking about the implications for children.

The right reverend Prelate used the word “iniquitous”, which is unusually strong, given his measured approach. This is iniquitous and we should take note when someone such as the right reverend Prelate uses that word. It is a tragedy that we are having to come back to argue this again. The Windrush scandal is hanging over it all like a spectre. It is important that we do not repeat that shameful episode in our country’s history.

I thank the Minister. I am relieved that she did not try to argue that citizenship is not important—I think she realised that she was on hiding to nothing if she tried to do that. Apart from that, however, I am disappointed that there is no sign of any give in the Government’s position.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

The noble Baroness has just demonstrated that it is really beneficial to be here throughout the whole of the debate, because I covered that aspect on local authorities in my speech. If she reads Hansard, it will clarify the matter for her, and if she would like to come back to me again, I would be very happy to respond.

[Baroness Lister of Burtersett (Lab)]

My Lords, I was saying that I found the Minister’s response disappointing. Yet again, when she talked about the cost of the immigration and citizenship service, she seemed to be conflating immigration and citizenship. Part of the point that we are making is that they are different and that it is irrelevant what the overall cost of the immigration and borders system is, because these fees should not be paying for that system. They should simply be paying for the cost of registering a right of citizenship that already exists. That was disappointing, and she might want to look again at that.

The Minister said that EEA and non-EEA people would be treated the same in future. That is not very reassuring because we have been going on for years about how badly the non-EEA people are treated in this area. She talked about a two-tier system not delivering the required fund or policy intent, and I was not sure what she meant by “policy intent”. As she is going to be writing a letter to us anyway, perhaps she could clarify that.

I was also very puzzled—this might be partly what the noble Baroness, Lady Bennett, was referring to—that subsection (2) of the amendment does not refer to local authority assistance. That was an original amendment that was put down in the Commons. The Minister in the Commons pointed out that this was a very vague term, so we deliberately put in this amendment the words

“looked after by a local authority.”

I do not quite know whether the Minister was speaking to an amendment that was laid in the Commons rather than the amendment that is before her now. We are talking very specifically about looked-after children, not any child who gets any kind of assistance from a local authority. Perhaps she could clarify that when she writes her letter.

I think it was the noble Baroness, Lady Smith of Newnham, who talked about the importance of doing the right thing. That is why we are all still here, in this echo chamber, and we will continue to be here until the Government do the right thing. The only dispute I have with the notion of an echo chamber is that echoes tend to fade away. This echo is not going to fade away: it is going to get stronger. The more the Government try to resist it, the more we will be coming back. It might not be part of this Bill, because clearly the amendment is not going to pass, but there will be ample opportunities and we will not let this go. We will, of course, wait to see what will happen in the appeal, but I hope the Government will remember the importance of doing the right thing, because the Government are now doing the wrong thing. I beg leave to withdraw the amendment.

Domestic Abuse

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 29th July 2020 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness makes a good point. I do not know whether the reluctance to come forward is a technology issue or because those over 74 come from an age when domestic abuse was not spoken about and discussed as much as it is now, but I will certainly take back her point about scrutinising whether technology is the impediment.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, charities report that there remain significant barriers to older women disclosing domestic abuse and accessing specialist support. As a Question last week about specialist support services went unanswered by the noble Lord, Lord Parkinson, will the Minister tell us now what steps the Government are taking to ensure that such services are adequately resourced to meet all specialist needs?

[Baroness Williams of Trafford]

This question very neatly segues from the question asked by the noble Baroness, Lady Burt, about the reluctance of older people to come forward and admit they have a problem. On charities, I will give the noble Baroness information that I have from a charity that specifically supports older people who are suffering abuse. We have given £50,000 to Hourglass, which I am sure that the noble Baroness has heard of, for 2020-21, and a further £67,000 to support people through the Covid period, when they might be at a higher risk. The noble Baroness will know that we have also given £76 million to support vulnerable people over Covid, including victims of sexual abuse and domestic abuse, and £28 million to support victims of domestic abuse and their children. I appreciate that the latter point probably does not cover elder abuse.

National Asylum Support Service

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Wednesday 6th May 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, all asylum seekers currently accommodated in asylum support properties can receive advice on asylum support and associated Covid-19 guidance and signposting through our advice, issue reporting and eligibility provider, Migrant Help. They can contact Migrant Help 24 hours a day on a freephone number if they need assistance or guidance. The AIRE service provides all the current process, policy and health guidelines, as well as immediate access to service providers for escalation. The translated public health guidance is available in 12 languages, with instructions to service users.

[Baroness Lister of Burtersett (Lab)]

My Lords, the daily asylum support rate of £5.39 is insufficient to meet health and hygiene needs. Will the Minister therefore undertake to press for an emergency uplift in line with UC as a matter of urgency?

[Baroness Williams of Trafford]

The noble Baroness might be pleased to know that we are currently reviewing the level of allowance, taking Covid-19 factors into consideration. However, I cannot promise uplifts to UC levels.

Immigration: Points-based System

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Tuesday 25th February 2020 Lords Chamber

[Baroness Williams of Trafford]

I think the point that my right honourable friend was making was that people from the Indian subcontinent were less advantaged when wanting to come to this country than those from the EU, and this now levels out the playing field. Indeed, in this country we have some world-class chefs and people with fantastic skills, who, on the points-based system, I am sure would not only command decent salaries but have the requisite skills to come to this country.

[Baroness Lister of Burtersett (Lab)]

My Lords, most carers are women, which is one reason their work is undervalued and treated as not skilled. According to the Women’s Budget Group, the proposals will discriminate against migrant women generally, because women are underrepresented in privileged occupations and therefore less likely to reach the points threshold. I am sure the Minister will agree that women are just as likely as men to be among the Government’s beloved “brightest and best”. Given that the Government are obliged to have due regard to the impact of their policies on equality, when will they publish an equality impact assessment? If these proposals, as seems likely, demonstrate an adverse gender impact, will they rethink them?

[Baroness Williams of Trafford]

Of course, the Government, in whatever legislation they bring forward, publish an equality impact assessment, as the noble Baroness knows. But I have to agree with her point about how women are adversely affected by policy. Immigration alone will not be the solution to some of the problems that women in the care sector face. The point I made about employers upskilling workers and not relying on cheap labour—I think that would be to the benefit of women in the care sector. I want women to be more valued in the work they do.

Immigration: Refugee Doctors

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 24th February 2020 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness will know, I am sure, that doctors and nurses are on the shortage occupations list. In that sense, they would not be refused entry, but I completely understand the point she makes about someone who is fleeing who does not have proof of their qualifications. The National Academic Recognition Information Centre is the designated UK agency to help doctors and healthcare professionals get their qualifications recognised by various NHS bodies. Individuals can, I know, apply for a statement of compatibility to have that recognised.

[Baroness Lister of Burtersett (Lab)]

My Lords, if the Home Secretary is looking to the economically inactive to fill the gaping labour market holes that her immigration policy will create, will the Government now rethink their opposition to allowing asylum seekers the right to work after six months?

[Baroness Williams of Trafford]

My Lords, our policy on that has not changed, but these things are constantly under review. My right honourable friend the Home Secretary is right that, if someone is seeking asylum but not yet legally resident here, they should not be in a position to be able to work.

Net Migration

Debate between Baroness Williams of Trafford and Baroness Lister of Burtersett

Monday 3rd February 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, we will introduce a new, points-based immigration system, and of course we will have the immigration and social security co-ordination Bill later this year. Noble Lords will know that reviewing legislation, having introduced it, will be at the top of the Government’s mind when they look at their overall priority of bringing the numbers down.

[Baroness Lister of Burtersett (Lab)]

My Lords, what assessment has been made on provision of care if net migration is reduced? There is real concern in the care sector, as well as in the health sector, that it could cause problems if the noble Lord’s aim of reducing net migration were achieved in that sector.

[Baroness Williams of Trafford]

It is fair to say that the Government want to import the skills needed for the gaps in the market. We are looking to reduce low-skilled migration overall but will introduce a points-based system focused on skills and talents. That combination will mean that overall numbers will come down, I hope.