Healthcare: Controlled Drugs

Earl of Sandwich Excerpts

Thursday 14th September 2023 Grand Committee

[The Earl of Sandwich (CB)]

My Lords, I too support my noble friend, and I am grateful to him for this chance to address a related subject of great concern: the highly damaging effects of the use of certain drugs prescribed in good faith. Older colleagues may recall that some years ago a member of my family had a bitter experience with benzodiazepine and sudden withdrawal from it at her doctor’s request. I introduced various debates and asked various questions at that time. I therefore declare my interest as a founder member of the Prescribed Drug Dependence—PDD—All-Party Parliamentary Group, which is soon to be renamed the “Beyond Pills” APPG. Most of the intellectual backup for the all-party group comes from the Council for Evidence-based Psychiatry, or CEP UK, which has found that the prescription of antidepressants and other drugs is still increasing rapidly year by year.

The Pharmaceutical Journal reported in July that the number of antidepressants prescribed in England rose by 5.1% in 2021-22, compared with the previous year, which was the sixth annual increase in a row. Over the same period, the number of antidepressant items prescribed increased by 34.8%, rising to 83.4 million items in 2021-22. According to Public Health England, as many as one in four adults in England over 18 are being prescribed benzos, Z-drugs, opioids or some form of antidepressant.

In 2019, following a lot of pressure from the APPG, Public Health England published a comprehensive evidence review of dependence-forming drugs. This showed that 26% of the adult population in England was prescribed a dependence-forming drug in the previous year. In its earlier review of data, PHE found that more people were being prescribed medicines inappropriately, and often for longer than good practice guidance recommended.

A recent BBC “Panorama” programme, I think in June, showed that there are still almost no NHS services to support patients who have been harmed by taking drugs as prescribed by their doctor. The programme detailed how patients experiencing severe and prolonged withdrawal symptoms have resorted to online peer groups for validation, support and safe drug tapering advice. My noble friend knows the inner processes of government from over many years, and he will have a lot more patience than me with the inability of officials to act on agreed principles. We have heard his frustration, and we can all easily sympathise with it. When it comes to helping those suffering from withdrawal, at least two promised policies involving a helpline and the support of the voluntary sector have been, if not shelved, then placed firmly on the shelf.

In response to the 2019 PHE review, NHS England published its framework for action, Optimising personalised care for adults prescribed medicines associated with dependence or withdrawal symptoms. This was published in March and was intended to encourage integrated care boards to develop services. While that has been widely welcomed as a further positive step by government, a recent FOI revealed that only 6% of the ICBs are considering taking any action on the framework. The same PHE review also recommended that a national helpline to support people going through intense withdrawal from prescribed drugs should be set up in partnership with those with relevant experience—in other words, something very practical. At a time when issues of patient safety are very much in the public mind, it is disappointing that the DHSC has recently confirmed that it cannot find the £2 million necessary to set up this lifeline, which is urgently needed until local services start to become available.

There are a number of small voluntary organisations scattered across the country—in Camden, north Wales, Bristol, for instance—providing a vital service to patients. But their relations with the NHS are tenuous. As the BBC reported again this morning, many are so frail that without funding, some, such as the Bristol Tranquilliser Project, have ceased or are ceasing to operate. In another survey of 500 patients, 92% said that they were not told about withdrawal effects when they were first prescribed antidepressants. This seems unimaginable. Surely, this is a service much too valuable to public health to be allowed to collapse. I have seen the rather negative letter from the DHSC, dated 3 August. This was a key recommendation of the review. When will it be reconsidered?

On the specific Question and paramedics, I draw attention to the NICE guidelines concerning safe prescribing and withdrawal management for medicines associated with dependence. Will paramedics who are able to prescribe be required to comply with guideline NG215, entitled Medicines Associated with Dependence or Withdrawal Symptoms: Safe Prescribing and Withdrawal Management for Adults? The practicalities associated with following such guidelines in an emergency situation, such as my noble friend described, need to be assessed and specific provision made for informed consent and follow-up by a GP to put in place NICE’s recommended management plan for such drugs.

Secondly, patients who have had difficulty withdrawing from dependence-forming medications frequently choose not to take such drugs in future. Would the Minister agree that paramedics need to take account of that? They must be able to check records for any history of discontinuation or protracted withdrawal syndrome, or advanced decisions made about the future administration of those medicines.

Following the PHE review, the all-party group is aware of efforts by NHSE to create an internal information hub on drugs associated with dependence, agreed in principle to be held on the NHS Specialist Pharmacy Service website. Can the Minister also confirm that paramedics will be signposted to this information in the event of any questions?

As I said, I warmly congratulate my noble friend. He has made a point and created a scene of what might happen to any of us. I hope the Minister will give him a really solid reply.

Support for Migrant Victims

Earl of Sandwich Excerpts

Wednesday 12th July 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid I do not accept the hostile environment remark. What I should say with regard to the situation the noble Baroness describes, which I think comes down to data sharing and the firewall situation that often gets raised here, is that both the police and immigration enforcement share a commitment to safeguard individuals they encounter. We acknowledge that data sharing between the police and the Home Office can be a contributing factor that can influence the decisions of migrant victims not to report a crime and that perpetrators can sometimes use the victim’s immigration status to exert fear or control, but that will inform the migrant victims protocol which is due to be published at the end of this year.

[The Earl of Sandwich (CB)]

My Lords, was this not meant to be one of the flagships of the Conservative Government? Tackling violence against women is claimed by a lot of people to be a really important theme of Conservative policy, and I would like to know why the noble Baroness, Lady Gale, is not getting an answer sooner. Could not the Minister at least give us some reasons? He says he does not know the reasons: could he not look into this so that we do not have to have another Question about this next week? The International Agreements Committee was very concerned about this. The case of migrant workers has been made: they are in a very vulnerable position.

[Lord Sharpe of Epsom (Con)]

My Lords, I say to the noble Earl that we ratified the convention and that was the point behind the reservation: we would have been unable to ratify if we had not laid a reservation against Article 59. I also say that in most respects we go further that, or are at least fully compliant with, all the other aspects of the Istanbul convention. We go further, for example, on issues like FGM and stalking protection orders. So I do not really accept the noble Earl’s premise, I am afraid.

Rwanda: Memorandum of Understanding

Earl of Sandwich Excerpts

Monday 6th February 2023 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, it was a credit to the Conservative Party under David Cameron that they took up the cause of Rwanda—a country which had suffered the worst genocide the world had known since the last war. The return to political and economic stability under Paul Kagame, even at some cost, has been remarkable. However, I have to say, like others, that Rwanda has not been a showcase of democratic government and human rights either. The FCDO website is not very encouraging about it, and the Helen Bamber Foundation, a much-respected NGO, said:

“This is a shamefully cruel way to treat people who have come to the UK to seek protection, fleeing persecution or conflict.”


The key question today is whether the MoU is compatible with international law—if we accept that there is an MoU. The Government say it is consistent with the refugee convention and the ECHR. But UNHCR gave its own opinion back in April 2022 that it was

“firmly opposed to arrangements that seek to transfer refugees and asylum seekers to third countries in the absence of sufficient safeguards and standards.”

Having been on the IAC for three years, I realise that the procedures around parliamentary scrutiny can be labyrinthine. This debate challenges, once again, the Government’s decision to make policy on a subject of huge public interest by way of an MoU. In their response to the committee, the Government said the non-legally binding instruments were a sufficient framework for parliamentary scrutiny but that it only

“may be appropriate to draw parliament’s attention to NBIs that raise questions of public importance.”

These words are hardly encouraging. It gives rise to a suspicion—also touched on by the noble Lord, Lord Parekh—that, in the case of Rwanda, the Government are unwilling to share or review policies that may be controversial and prefer to hide them behind an MoU. Perhaps the Minister will confirm that this is true.

Meanwhile, I congratulate the noble Baroness on achieving this debate. I wish her well with the committee in future.

UK Asylum and Refugee Policy

Earl of Sandwich Excerpts

Friday 9th December 2022 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, the end is nigh—not for all refugees, but possibly for lunch. I start with the unfortunate remarks of the senior lady-in-waiting last week. She asked a visitor, “Who are you and where are you from?” Perhaps the questions were not entirely innocent. We all have a tendency to inquire about other people as a sort of defence against the unknown, but the other person may read the defence as a form of attack or even racism. It is not racism, it is ignorance and fear. It can happen to any of us, we just have to try hard to get to know each other; our upbringing and training surely demand it.

The Church, as the noble Lord, Lord Lilley, said, refers to this as: “Who is my neighbour?” It is a perennial question. The answer, of course, is everyone, including those tens of millions of migrants and asylum seekers who at times seem to be coming towards us. We have a reputation for welcoming refugees, as we have seen, and recently we have gratefully received compliments from refugees about this country. There are many reasons why people want to come. Albanians seem to be the most self-assured—even though they might not have those smart number plates any more—but they have no real reason to leave Albania except that they can earn so much more in the UK. Can we blame them? This is why I am very tempted by the suggestion of the noble Lord, Lord Desai.

The numbers have recently felt overwhelming; we must accept that. We need to congratulate the Government on some of the resettlement schemes, which have at least secured more orderly arrivals. The UNHCR’s Syria scheme has had some success, if only after much pressing from the noble Lord, Lord Dubs, and others in the House. The Ukrainian scheme is not really equivalent, but it has undoubtedly worked well until now. However, the scale of the Afghan exodus last year took everyone—and certainly the Government—by surprise. No one could say that was a satisfactory operation, but there were some remarkable rescue stories, including the evacuation of women judges by the noble Baroness, Lady Kennedy. Today, there are many women in hiding from the Taliban who would or should qualify for resettlement. May I ask the Minister what is happening to these resettlement schemes? Why are they falling short?

At the other end of the scale, there are the many asylum seekers outside these schemes, especially those living on charity or detained indefinitely, awaiting removal. In many cases, these are people from war-torn countries such as Sudan and Somalia which are on the margin of the convention, fleeing drought and poverty as well as persecution. They struggle to claim asylum, having few documents—not always for the reasons just given—and little evidence of their past life and treatment.

The noble Lord, Lord Dubs, described the amazing work of the charities which toil to make people’s lives more tolerable. Church members, lawyers, experts in torture, NGOs and campaigners of every kind condemn the treatment meted out to these refugees. The waiting lists for the courts are lengthening just as they are in hospitals.

Almost one-fifth of those claiming asylum are children under 18, including many who are wrongly treated as adults. The noble Lord, Lord Cashman, and others mentioned this. The Helen Bamber Foundation, a very respected body, is concerned that too many young children are kept for long periods in hotels without proper care.

Every Peer has admitted that the Home Office sometimes appears to be seizing up, unable to cope with the numbers and lacking the necessary skills. Under successive Governments, it has been called a shambles. This is a national crisis; is it not time for more co-operation between the political parties? I am also concerned that funding is being diverted from the aid programme, but that is another subject.

I hope the Minister will respond to the practical suggestions that the UNHCR put forward last February to improve registration and screening and avoid where possible the unpleasant side of forced removal and inadequate protection. Why are the Government not making more use of schemes which are still behind pre-pandemic levels?

Is the answer to deter or restrict refugees? Possibly, but that has not worked either. We have talked about

“real and accessible safe routes”,

but I do not think even Amnesty is right about that. What are the alternatives? Can the Minister present some? There are some utterly wicked traffickers, as we have heard.

Returning to the Church, I sincerely thank the most reverend Primate for inviting us to hear his very cogent pre-Christmas reflections. We have also heard three splendid maiden speeches and the personal experiences of some Peers. I especially commend, in her absence, the noble Baroness, Lady Nicholson, who talked very movingly about the Yazidis.

The most reverend Primate may think, as I do, that Anglicans could further improve our rather dismal attitude to strangers. “Diversity” is now the cover word, but I will not go into all that. The Church could do more to include other religions in Prayers, for example. We need to do more work on our church services. Some of us are still singing old lines such as

“Lands of the East, arise,

he is your brightest morn”,

or, worse than that,

“O’er heathen lands afar

thick darkness broodeth yet”—

[Baroness Bloomfield of Hinton Waldrist (Con)]

Could the noble Earl bring his comments to a close? He has exceeded the speaking time.

Nationality and Borders Bill

Earl of Sandwich Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I support Amendment 70A. It is a happy coincidence that we return to this issue on International Women’s Day, because it is very much a women’s issue. It was good to meet with some of the women affected who were outside, opposite the Lords, for much of this afternoon. I thank them for coming to meet us.

I was disappointed by the Minister’s response in Committee. She did not really address the fundamental issue I raised of how, by treating this as a trafficking issue rather than as an employment and immigration rights issue, the approach is failing many overseas domestic workers who are being exploited but not trafficked. Given that there is clear evidence that the 2016 changes are not working, as we have already heard, it is simply not good enough to say that reversion to the status quo ante is not the answer, particularly when so many organisations in the sector believe it is the answer. That was very much endorsed by the women I met outside this afternoon.

The Minister said she would not look again at it but would

“perhaps explore it further and see why what is happening is happening.”—[Official Report, 10/2/22; col. 1922.]

I do not think the same Minister is replying, but I wonder whether she has any information to pass on to the Minister who is replying about what she has managed to find out since Committee.

I understand that Kalayaan and some other NGOs in the sector have, at short notice, been invited to a virtual round table tomorrow to discuss how the ODW route can “be shaped going forward”—I hate the term “going forward”. That is welcome news, but, if the discussions are to be fruitful, Kalayaan is clear that the possibility of reverting to the pre-2016 route must be on the table. To rule out this option, or some form of it, in advance is not helpful, to say the least. Can the Minister give us an assurance that officials will approach the discussions with an open mind so that they and the sector can explore whether the answer does indeed lie in reverting to the pre-2016 policy or some form of it?

[The Earl of Sandwich (CB)]

My Lords, my noble friend Lord Hylton very much regrets that he could not stay for this amendment because he had to leave early. He and I have been involved with the problems of domestic workers over decades, it seems—certainly since the 1990s. I should declare that I was once a council member of Anti-Slavery International, and I well remember meeting domestic workers through Kalayaan and being shocked at their predicament, which continues today in some cases.

This amendment has been very skilfully drafted by the right reverend Prelate. It includes domestic workers in diplomatic missions, where a few cases have come up, and, secondly, it allows workers to change their employer, within the same type of work—but they must register this change. They may renew their visas for 12 months at a time but without having recourse to public funds. Thirdly, they may bring in spouses and children while that visa still applies. After five years of continuous residence, they may apply for indefinite leave to remain, and, if their employer wants to continue that employment, that is all right. Thus the amendment is full of limitations, which should satisfy the Home Office. There is also subsection (2)(c), which favours family reunion and prevents the loneliness that often comes from separation.

In the public perception, the Home Office is moving backwards at the moment, and all I can say is that, as the noble Baroness, Lady Lister, said, this amendment is simple, and there seems to be no reason why Her Majesty’s Government should not support it.

[Lord Kerr of Kinlochard (CB)]

I will speak in support of my noble friend Lord Sandwich. This amendment would take us back to the pre-2012 situation. There is no doubt—there is overwhelming evidence—that not being able to change employer means that these luckless people get stuck with an abusive employer in some cases. This is easily remedied. I agree with the noble Earl that the amendment is skilfully drafted. It proposes a modest change that would undoubtedly do good, and I very much hope that the Minister will be able to accept it.

I detected a slight trace of politics coming into our debate on Amendment 75. I was a Sir Humphrey once, and I commend to the Minister “unripe time”, which is very good, and “due consideration”—“shortly” is very dangerous. Seriously, I see no difficulty with an investor visa, provided that it is for a real investment that is actually invested in plants, machinery or jobs in this country. What worries me is that it is sufficient simply to hold some gilts for a short period and then sell them again—I do not think that that is good enough.

Nationality and Borders Bill

Earl of Sandwich Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[The Earl of Sandwich (CB)]

I still feel indignant about the consequences, whether intended or unintended, of leaving the EU. The Dublin III arrangements suited this country well, and we enjoyed better co-operation with France at that time. On the plus side, we have rolled over some very successful trade agreements, but we seem to be going rapidly downhill on immigration. It is surely now plain to all that, as far as migrant health workers are concerned, Brexit was a mistake. Thousands of staff are more urgently needed in care homes and the NHS, especially because of the pandemic. Although the Government have relaxed the rules, the paperwork means that these workers are simply not coming in the numbers required. I know that is not in this Bill, but the Home Office has not scored very high on asylum seekers either, especially where accommodation is concerned.

Only in December we had the thorough APPG on Immigration Detention report condemning Napier, Penally and Tinsley House as “fundamentally unsuitable” for asylum seekers. A recent inspection of detention facilities at Tug Haven, Kent Intake Unit and Frontier House showed that some agreed improvements in facilities and screening will not be ready for months. My noble friend Lady Prashar also mentioned this. Few of us would like to admit that the UK may be deliberately creating poor conditions to deter new arrivals. That may be an open question, but if it is policy, it is not succeeding.

On Syrian and Afghan refugees, the various UNHCR resettlement programmes offering safe passage and family reunion, after a lot of pushing from individuals here in Parliament, have been rated a success. These refugees from appalling conflicts have quite rightly been seen as a priority. However, Amnesty shows that things are not quite so rosy, even among Afghan refugees, at the moment. When it comes to the desperate people attempting a channel crossing, this Bill is surely the enemy of human rights and clearly meant to be a deterrent, even though their numbers are small in the world context. As the noble Lord, Lord Dubs, said, the UK is only 17th on the list for the intake of immigrants when measured per head of population in Europe.

Not surprisingly, the JCHR has attacked the Bill for its adjustment of immigration law, including the pushback measures. It inflicts harsher penalties, it fails to stop trafficking and, in the case of refugees, it comes up against the convention and several other international treaties. We can all be sympathetic to those local authorities that are bending over backwards to find hotel rooms or shelter for genuine refugees. In many cases they will have to fall back on the good will of voluntary agencies and volunteers, who often help out of their own pockets. The noble Lord, Lord Dubs, praised the charity Safe Passage. Another, Care4Calais, is highly efficient in helping asylum seekers, not only in northern France, and is now is committed to the search for food and shelter in the UK itself.

However, mistakes are easily made. One disabled family in Portsmouth was given council accommodation in a second-floor flat, which meant that they were housebound and unable to access even a wheelchair. Fortunately, the voluntary sector came to the rescue, but, again, social care is one of the sectors hit hardest by immigration policy. There are just not enough people available to help and there is a lot of fear and suspicion that there is discrimination, especially on nationality, and the deprivation of citizenship in Clause 9.

I hope that the Minister can explain the anomaly about citizenship relating to young migrants from the Commonwealth aged 16 to 25 who are currently channelled into a 10-year path to citizenship. Clauses 17 and 25 are intended to speed up the process, which in general seems a good idea—but what about the Children’s Society’s argument that these clauses discriminate against children and young people who are often afraid to provide evidence so soon after their experience?

There will be a lot of amendments on modern slavery which I cannot rehearse today, but I agree with the noble Lord, Lord Rooker, that this could undermine the whole system of protection. The anti-slavery commissioner herself says that the IECA is a step backwards. Clearly, if the NGOs are right, the Home Office is not yet qualified for this job and needs to learn a lot more. The Bingham Centre is leading an important research project through the Modern Slavery and Human Rights Policy and Evidence Centre to assess the impact of people’s inability to access adequate and timely legal advice. I am sure that the Home Office will follow that.

Domestic Abuse Bill

Earl of Sandwich Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, that was a powerful speech by the noble Lord, Lord Lansley, particularly in relation to the ratification timetable. I hope the Minister is able to respond positively.

Listening to the debate, both at Second Reading and in Committee, and indeed today, I fail to see how any Member of this House could not be concerned at the plight of migrant women who are victims of domestic abuse. Given the vulnerability of these women in general, the Government need to agree and accept both these amendments. It is clear that the current, large proportion of migrant women who have no recourse to public funds are having real problems, being barred from accessing certain types of financial support from the state, including homelessness assistance and other welfare benefits.

As my noble friend Lady Warwick has just said, survivors staying in refuges most commonly support their stay using their housing benefit. The funding crisis within specialist domestic abuse services means that many are unable to support women who have no recourse to public funds. Migrant women in that situation have found it very difficult to secure a stay in a refuge.

We know that survivors in the UK on a spousal visa or one of a small number of family visas can apply for the destitute domestic violence concession, but only migrant women on a very limited number of visa types are eligible, and this arbitrarily leaves out an enormous proportion of migrant survivors with NRPF status, who have few options of where to go if they are experiencing domestic abuse. The Covid crisis has served to demonstrate how precarious the position of migrant survivors is and how essential it is they can access financial support from the state to keep them and their children safe.

I always thought it significant that the domestic abuse commissioner has stated that the no recourse to public funds rule means that a significant number of the most marginalised victims of domestic abuse in our society are unable to access the support they need. Not only does this leave people facing destitution, homelessness or staying with their abuser, it is discriminatory in the terms the noble Lord, Lord Lansley, has just referred to.

A number of noble Lords have referred to the Minister’s comments at Second Reading and in Committee. They have commented on what she had to say about the use of the DDVC. But I would like to go back to her saying that the Government lacked data and, as a result, launched the pilot scheme. The problem I have with this is that this is the Bill that everyone is committed to supporting; noble Lords have worked very hard to achieve a consensus on the outcome. I, for one, find it difficult to allow this Bill to go forward without resolving these issues and the evident discrimination that applies to many migrant women.

As for the amendment of the noble Baroness, Lady Helic, I thought the evidence from the Equality and Human Rights Commission was significant:

“Migrant survivors often find themselves in particularly vulnerable situations owing to their insecure immigration status being used as a tool of control by perpetrators. Their immigration status in turn bars them from access to essential services and support. These barriers are compounded by other factors such as language and a lack of understanding amongst services of relevant cultural and social issues.”


I hope the noble Baroness will put this to the vote.

[The Earl of Sandwich (CB) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hunt, who always speaks with great reason.

My meetings with the excellent charity Kalayaan during previous immigration Bills—which some here will remember—left me in no doubt about the exploitation of migrant domestic workers in London and elsewhere. We heard some chilling case studies of how their employers confined them, did not pay them and removed their passports, among other forms of flagrant abuse and exploitation, which continue today. Noble Lords will also remember that the strength of such stories led directly to the Modern Slavery Act.

I have not yet spoken on this Bill, but I speak now, more narrowly, as a member of the International Agreements Committee, like the noble Lord, Lord Lansley, to support Amendment 87, persuasively argued by the noble Baroness, Lady Helic, and Amendment 70, which also concerns migrant workers. As the noble Baroness, Lady Lister, said, the committee recently listened—with some surprise, I might say—to the Minister for Safeguarding proposing the pilot project to collect further evidence instead of ratifying the Istanbul convention. The Home Office problem is, as usual, that it cannot catch up with unregistered migrants. One can sympathise with that but, as was said, the procedure could take another 14 months at least. My noble friend Lord Kerr questioned her on this specifically, but the noble and learned Lord, Lord Goldsmith, will explain that we all thought the evidence was already running strongly in the other direction, and we were overwhelmingly in favour of the solution proposed originally by the End Violence Against Women Coalition, urging the Government to skip the pilot and adopt this amendment, which could then lead directly to ratification.

The relevant provisions of the convention relating to non-discrimination on the grounds of immigration status are Articles 3, 4 and 59. They say simply that all women, of whatever status, who are victims of domestic violence and abuse must be protected. Surely, delaying ratification any longer will seriously damage the UK’s international reputation. This message also comes from our Council of Europe delegation, which has already made its position clear. I support both these amendments.

[Lord Goldsmith (Lab) [V]]

My Lords, it is a pleasure to follow the noble Earl, Lord Sandwich, who spoke as a member of the International Agreements Committee—I am its chair—as did the noble Lord, Lord Lansley, and as will the noble Lord, Lord Kerr, when he follows me.

Reference has rightly been made to our inquiry into why the Government have not yet ratified the Istanbul convention, which is described by the Council of Europe as the gold standard for the protection of women against violence. That is why I speak in this debate. We had the benefit of the evidence of the Minister for Safeguarding, Victoria Atkins MP; I believe we were all impressed by her determination to push the work forward, but I am afraid we were less impressed by the reason why this ratification had not yet taken place. She identified three reasons, two of which are being dealt with. The third was the issue covered by the amendment which has been spoken to so powerfully by the noble Baroness, Lady Helic, and other noble Lords today.

We took the view as a committee, as noble Lords have heard from our letter—which I signed with the authority of the committee on 11 February 2021—that we were very concerned that the Minister could not give us assurances that the necessary measures would be implemented this year to ensure that ratification could take place promptly. Indeed, it appeared clear from the evidence that ratification might not take place until 2022 or 2023. I think it was in that context that the Minister suggested that a way to get to ratification earlier would be to enter a temporary reservation against certain provisions, particularly those under Articles 4(3) and 59. The committee did not welcome that at all, because its potential effect would be to leave these important provisions—including non-discrimination provisions—outstanding for even longer. In the committee’s view, that would be bad both in terms of the lack of protection for women covered by those provisions and for the reputational standing of the United Kingdom in this important area.

While I think the Minister, whom I commend on her frankness and candour, was trying to help in one sense by suggesting this reservation, it was not an answer to the problem. In the letter I have referred to, we said that what is in effect Amendment 87 would solve the problem and enable a much speedier ratification. She said she hoped the committee would recognise the direction of travel; I hope the Minister here today will recognise that the travel has now arrived at your Lordships’ House with this amendment. It is time to vote for it, as I will gladly do if it is put to a vote, and bring that obstacle to ratifying the convention to an end.

United Kingdom Resettlement Scheme

Earl of Sandwich Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend. Just because someone is a refugee, it does not mean they cannot contribute to society and the economy. Many of them can and are highly skilled. Going back to the conversation I had with the right reverend Prelate the Bishop of Durham, that is precisely what we are looking at. These people have much to contribute to our economy.

[The Earl of Sandwich (CB) [V]]

We in the UK cannot easily imagine and must not forget the extent of suffering in cities such as Aleppo and Idlib. I am glad we have a good reputation for resettlement. Following the right reverend Prelate’s question, can the Government explain the true situation of local authorities and confirm that they really are ready to welcome a further 5,000 vulnerable refugees under the new UK resettlement scheme? What is the cause of any delay? I understand people are being laid off.

[Baroness Williams of Trafford (Con)]

The noble Earl is right to point out that we are dependent on local authority places and accommodation to bring forward resettlement. We are very grateful to local authorities, but we cannot go beyond their capacity. We will launch the new UK global resettlement scheme in March this year. We intended to launch it in March last year, but clearly the pandemic placed restrictions on this. Resettlement arrivals have been coming since December 2020. We have received regular calls for that commitment, and it will be forthcoming.

EU-UK Joint Political Declaration on Asylum and Returns

Earl of Sandwich Excerpts

Thursday 28th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am very glad that my noble friend has asked that question, because the Home Secretary has outlined very clearly that we want safe and legal routes. She mentions trafficking and traffickers. Of course, at the heart of some of the small-boats activity are some of the worst types of criminality, committed by those who really do not have any care for the human lives that might be lost.

[The Earl of Sandwich (CB) [V]]

My Lords, Dublin III has been one of the many serious casualties of Brexit, as the Minister well knows. Can she confirm that the joint declaration will soon lead to a new agreement in the best interests of the child—at least in France? She must be as impatient as any of us to reach that agreement. Can she reassure me that the joint Calais reception arrangements, which came in time, are now working efficiently?

[Baroness Williams of Trafford (Con)]

I can categorically state that we are no longer part of Dublin, and we do not intend to open up that agreement again. As of not last year but the year before, we are not a member of the European Union. In the course of the immigration Bill, I outlined how routes would be open to people who needed our asylum and to unaccompanied children.

Brexit: Refugee Protection and Asylum Policy (EUC Report)

Earl of Sandwich Excerpts

Tuesday 22nd September 2020 Grand Committee

[The Earl of Sandwich (CB) [V]]

My Lords, I am delighted to take part in this debate because we need it badly. I am obviously not alone in having felt uncomfortable for some time that the UK still has not reached a durable agreement with the EU on either asylum policy or much else. However, I was reassured by what my noble friend Lord Ricketts said; I know that he is on the case. Nor, in my view, has the UK taken its fair share of Europe’s asylum seekers, although I welcome the new global resettlement scheme following the Syrian and other programmes since the 2015 crisis.

We look across the channel and frown at the hostile attitude to migrants in some EU states until we realise that we may become one of those states. We can all agree that this is among the most urgent issues facing us. I congratulate my noble friend Lord Jay and the two committees on identifying so well the areas in which the Government still fall lamentably short—notably not turning up in committees.

I fully recognise that the EU is in difficulty. For example, it is unable to come to one mind on the new Dublin regulations. That is unsurprising given the dramatic increase in numbers in 2015 and the political shift toward xenophobia. I wish that the UK had been at the table, even now, as a member. We have been lucky to begin so many opt-outs, notably on Schengen, and we would have had much to offer in the joint programme post Brexit.

The report rightly urges HMG to make every effort to maintain effective border co-operation, especially in the event of no deal, but we know that the Home Office hesitates to agree with anything like joint responsibility beyond Calais and Zeebrugge, a route that is working well. Have we signed up to the latest version of Eurodac yet?

The Government’s response to the report is full of “We will do this and that” but even solemn promises and commitments, which we will hear again today, ring hollow because we are rapidly approaching the cliff edge. How can the Home Office expect anything but brickbats from this committee when it has been let down so much by the Government’s failure in the negotiations?

As we have known since the 1951 convention, asylum cases can frequently be a matter of life and death—we have heard examples of that—and should not be resolved on a chess board. Okay, illegals have to go, as the noble Lord, Lord Blencathra, is right to remind us, but there is much to be done to improve the rules governing the paperwork faced by genuine asylum seekers.

On resettlement, I hope that the Government will maintain this country’s reputation for hospitality. Back in the 1980s, I played a small part in the resettlement of Vietnamese boat people. I saw how human beings were kept like animals in three-tier cages at Hong Kong Airport, and I know at first hand of the remarkable British welcome to thousands of refugees. That was led by the churches and well assisted by local authorities, who are doing a lot today but not enough. The German Safe Harbours initiative is another current example of this warm public welcome. Today, we are seeing similar scenes in the Mediterranean and in the channel. I wish that the same spirit were there today but attitudes are changing and both our own official response and that of the EU are quite out of proportion to the magnitude of the crisis.

People keep saying that we need a new policy. In his recent Civitas report, the noble Lord, Lord Hodgson, referred to the UK as a “spatially limited island” and called for a demographic authority to guide immigration policy. That sounds reasonable but, with the current fluctuations and uncertainties in migration, it may be impossible to arrive at such a policy. I recommend the latest Forced Migration Review for a fascinating critique of attempts to count up victims of slavery, trafficking and forced labour.

Family reunion, which has been mentioned, is a fast- growing element in migration. I know that we are already committed to receiving more of the most vulnerable unaccompanied minors under the Dubs Section 17 of the withdrawal Act and other rules, but they are individuals and, as we have heard, there is a question mark over the future of their families when we are no longer subject to the Dublin agreement. The UNHCR says that Dublin should become a “model” for future co-operation. I hope that the Minister will anticipate the EU deal and explain what is going to happen.

When we are outside the EU, as a developed country and a close neighbour, we are capable of playing an even bigger role in burden sharing, as the noble Lord, Lord Dubs, rightly said and as the report recommends. In paragraphs 165 to 166, it says that

“if responsibility sharing does become an established feature of EU asylum policy, and if it is framed in a voluntary and non-binding way, we believe that it would be in the UK’s interest to participate in such measures. In so doing, the UK would demonstrate solidarity, good will, and a willingness to play its part in managing migration flows across the continent.”

I do not know who drafted those paragraphs but they seem to offer the Government an admirable and generous opportunity to introduce a new policy.

Finally, I thank the Library for its helpful commentary and my grandson Leo for sharing his useful and informative year 4 migration flow chart.