(1 year, 5 months ago)
Commons ChamberThis statutory instrument is oppressive, anti-democratic and downright wrong. It is anti-rights legislation by Executive diktat, and it is a profound insult to people and to Parliament, of which this Government should be ashamed. In short, it is authoritarian in both style and substance.
On the substance, the police do not need yet more power to restrict protest. We need only look at what happened at the recent coronation: Ministers had to be summoned to this House to explain why police gravely overstepped the mark. As other hon. Members have set out, these regulations hand new, unprecedented powers and discretion to the police. They seek to redefine “serious disruption” from “prolonged” and “significant” to “more than minor”. This will gift the police greater powers to impose conditions on public assemblies and processions, as well as powers to consider the legally vague concepts of “relevant” and “cumulative” disruption. Requiring the police to consider all “relevant” disruption is dangerously vague and places far too much discretion in the hands of the police as well as placing an unfair burden on frontline officers. It could mean peaceful protest activities are restricted because of other forms of disruption not linked to the protest, such as traffic congestion in the area.
The so-called “cumulative” disruption that the SI allows lets police add up disruption from other protests when considering whether to impose conditions on a particular protest. That runs the serious risk of the police facing pressure from the Government of the day to restrict particular protest movements based on their content.
The hon. Member is making an important point about the right of protest. On the idea of giving long-term notice to the police, if, for example, an eviction is due to take place and fellow tenants arrive at the scene to support and defend the tenant due to be evicted, the urgency of that means they could not possibly gain permission in advance for their demonstration, yet that is a wholly legitimate right of protest that a neighbourhood would be performing to protect somebody.
I thank the right hon. Gentleman for his intervention and I agree.
This SI comes in the wake of our official police watchdog warning that public trust in police is “hanging by a thread”. This is no time to risk increased politicisation of the policing of public order.
The Equality and Human Rights Commission has made it clear that it has grave concerns about this measure, advising that
“the measures go beyond what is reasonably necessary to police protest activities.”
Its briefing warns of its concern about incompatibility with the European convention on human rights and of a “chilling effect” on the right to freedom of expression.
Moving on to the style—the way in which this is being done—the Government are trying to do something which has never been done before: they are trying an abuse of process that we must not permit, whatever we think of the content of the SI and the intentions behind it. The restrictions on protest rights that this SI seeks to impose were explicitly rejected by Parliament during the passage of the Public Order Bill—now the Public Order Act 2023—in February 2023. This is the very opposite of the integrity that the current Prime Minister promised when he took over. It is a blatant continuation of the casual disregard for Parliament’s democratic standards that he promised to discontinue.
My Green party colleague in the other place, Baroness Jenny Jones, has tabled a fatal motion to kill off this affront to our rights and our democracy, and it will be before that House tomorrow. Rightly, for primary legislation the unelected House of Lords is a revising Chamber. As Members will know, this is secondary legislation and it needs the approval of both Houses. Presumably, that is to avoid the type of situation we face now, where an SI could be used by the Executive to reverse a Lords revision to primary legislation that they do not like.
No. He was not listening, was he? What happened was that they campaigned and they were given a commitment by the leader of a political party, but that was reneged upon as soon as he got elected. Where do they go? They had used the democratic process and they were betrayed—they were so angry. They went on to the streets, and they were joined by Conservative MPs. What do they do? They block roads, they sit down in the street and they threaten to sit down in front of bulldozers. That was my invitation to Boris Johnson when he was first elected, and he said, “Yes, I’ll be with you in front of that bulldozer.” Why? Because John Randall, the Conservative MP before him—by the way, he was an excellent constituency MP—said exactly that. In fact, he had raised the issue himself.
People felt completely frustrated. What I am arguing, on behalf of my constituents, is that this measure puts the local police and local protesters in an almost impossible position.
My right hon. Friend is making a very good point about the third runway. History will show that the demonstrations absolutely worked: the third runway has not yet been built. Personally, I hope it never is. There are those who say protest does not work, but the right to roam our countryside happened only because of the mass trespass of Kinder Scout in the 1930s. People took brave action to win rights for all of us. Those are the rights we all enjoy. We should not just legislate them away, which is what this law is doing.
I welcome that intervention.
The regulations put the local police in my area, as well as local protesters and the local communities in both the Hayes and Harlington constituency and the Uxbridge and South Ruislip constituency, in an impossible position. They seem to apply almost perfectly to our local situation. If I go through the various criteria, the first is “cumulative” impact. I am not sure how we judge cumulative. Is that over a limited period of time or a short period of time? We have been protesting there since 1978. Is that cumulative? Does the police officer have to take that into account at the local level, or should he or she set a limited timescale on that?
(1 year, 6 months ago)
Commons ChamberI do not accept that. I have already pointed out the operational independence of the police and I have said that briefings by the Met on the coronation were received not just by Home Office Ministers, but also by the shadow Home Secretary and the Mayor of London, all of which was completely proper.
The whole world could see on Saturday the effects of the public order legislation on policing, trying to prevent legitimate peaceful protest in a democracy. Will the Minister reply in a considered and reasonable way to say that he will undertake a full review of the operations of the Public Order Act thus far on preventing peaceful protest in this country, as an example of how a democracy is prepared to admit it has got something wrong and change it?
No. What we saw on Saturday was the police doing their best, in very difficult and challenging circumstances, to prevent disruption while allowing and facilitating peaceful protest, which indeed went ahead.
(1 year, 8 months ago)
Commons ChamberMy hon. Friend is right to say that we need to see change. Sir Mark Rowley has been in post for six months and he is clear that we need to see change. We have commissioned several independent reports. Baroness Casey’s is one, but we also have the one from Lady Angiolini—she is due to report on standards and culture. These independent voices will be vital in effecting change, but it is also clear that the independent scrutiny brought about by the Mayor’s Office for Policing and Crime and the Mayor of London will be critical in bringing about change.
Baroness Casey’s report makes it very clear that what campaigners have been saying for years is absolutely true: black Londoners are disproportionately likely to be stopped and searched by the Metropolitan police. It also calls for fundamental change in that whole policy. Will the Home Secretary explain how the Public Order Bill, which gives the police increased powers of stop and search during protests or demonstrations, fits with the recommendations made by Baroness Casey? Will she also suspend the operation of that section of the Public Order Bill until such time as the police have been able to reform their ways on the disproportionate stopping and searching of black Londoners?
As Baroness Casey makes clear, the majority of Londoners support the appropriate use of stop and search. As Sir Mark has made clear, stop and search is a vital tool in keeping Londoners safe and saving lives; 350 to 400 knives are seized per month thanks to stop and search. That is why I emphatically support the appropriate use of stop and search as a way to keep everyone safe.
(1 year, 9 months ago)
Commons ChamberThe Prime Minister set out a plan at the end of last year and I am working every day to implement it. We are already seeing significant progress on the asylum backlog, with cases falling significantly with every passing week, and we are recruiting more decision makers into the Home Office to do this. We are working intensively with local authorities to find better and greater value for money accommodation through the national dispersal scheme, rather than hotels. If the hon. Lady, as a valued Member of this House, has suggestions as to ways in which we can improve the quality of service, I would be happy to meet her to discuss them.
The Minister must be well aware that what happened in Knowsley is not an isolated incident; the far right is attacking hotels in other places and attacking asylum seekers regularly. We have a system that spends a great deal of public money to keep desperate people in absolute poverty and degradation in these terrible hotels—their use obviously needs to end. Will he say a word of humanity about the fear that many of these people must be facing? They are refugees from wars, famine and human rights abuses who are looking for a place of safety in this world. They are human beings just like the rest of us. Surely they deserve to be able to exercise their legal rights to seek asylum and not be constantly accused of being illegal when this is a legal right.
It is, just as a matter of fact, a criminal offence to cross the channel in a small boat, so those who enter the UK in that manner are in breach of our laws. The broader point that the right hon. Gentleman makes is, of course, absolutely right: irrespective of that, those people who come here should be treated compassionately and we should abide by our broader legal obligations. The hotels and accommodation we provide are of a good quality. They will vary and if there are poor instances, I will take action against the providers. However, generally speaking, they are of a good quality and they are significantly better than what we find in comparable European countries. Many of the people who arrive on our shores in small boats have spent a sustained period in camps such as those in Calais; the way in which we treat people in this country is far superior.
(1 year, 11 months ago)
Commons ChamberAs always, my right hon. Friend makes a powerful point. Neither the Prime Minister nor I are deterred from delivering on this policy, which is an essential part of our wider plans to break the business model to stop illegal migration. We have a legitimate basis for it. It has been upheld after being rigorously tested in our courts. We will continue to move quickly to honour the will of the British people.
The Home Secretary says that Britain has a proud tradition of supporting asylum seekers. That is true in part, but it is not true under her tenure. She is pursuing a vile policy, which is brutal towards the individuals concerned, and continually tells us that it is illegal to seek asylum. It is not; it is clearly there in all international conventions. Will she for once have a sense of humanity towards people who are desperate and victims of wars, environmental change and human rights abuse—and exploited to boot? Cannot she just hold out a hand of friendship and understanding towards these desperate people, rather than the brutal assertion that she is making?
The right hon. Gentleman talks regularly about safe and legal routes being a means to an end of illegal arrivals. The reality is that our safe and legal routes have already allowed 450,000 people to come here since 2015, with 300,000 in the last year alone—the highest number that we have seen in several decades. However, that needs to happen in conjunction with deterrent policies if they are to have any effect and if we are to stop the practice of people taking lethal and unlawful journeys across the channel, jumping the queue, undermining the British people’s generosity and breaking the law.
(2 years ago)
Commons ChamberI certainly hope that is the case. As I said, my first priority was to ensure that Manston was operating in a legally compliant and decent manner. The second priority is to ensure that, where we are using hotels, we are doing so judiciously and that officials or our contractors are applying the criteria that I and other Ministers have set down, one of which is to ensure that we avoid tourist hotspots such as that which my hon. Friend represents. Thirdly, it is essential that we exit the hotels altogether and move forward with a more sustainable strategy that ensures best value for money for the taxpayer and a fair and robust asylum system.
Will the Minister confirm that to seek asylum is a perfectly legal thing within international law and, therefore, UK law and that loose use of the words “illegal asylum seekers” is dangerous for the individuals concerned?
Has the Minister’s attention been drawn to the Council of Europe report on pushbacks across Europe of people seeking a place of safety in a number of countries, including this one? They have been pushed back and left in places of enormous danger. Will he confirm that Britain will not be involved in sea-bound pushbacks towards France that leave people in enormous danger? Instead, will he recognise the humanitarian needs of, frankly, deeply desperate people to whom we should be holding out the hand of friendship, not condemnation?
The UK is not involved in pushbacks at sea; we uphold our international obligations in that respect. It is a right for an individual to claim asylum. We want a system whereby those who are fleeing genuine persecution, war or human rights abuses can find refuge in the United Kingdom. The issue that we are grappling with is the sheer quantity of individuals who are choosing to come here, leaving other safe countries such as France. That places an intolerable strain on our system and means that those individuals to whom we want to offer support find themselves in difficult circumstances.
A fair and robust system would not encourage people to come across the channel illegally in small boats. It would be predominantly based on resettlement schemes such as the ones that we have engineered in recent years for people from Syria, Ukraine and Afghanistan. That is the system that I want to build in the years ahead.
(2 years, 1 month ago)
Commons ChamberThe right hon. Member is absolutely right. That is why I support new clauses 9 and 10 in the name of my hon. Friend the Member for Battersea on the use of stop-and-search powers. In them, she attempts to consult civil society organisations and consider the impact on groups with protected characteristics, as has been mentioned. That should clearly be done by the Government each and every single time they propose legislation, but they do not do it at all.
In this Black History Month, when we talk about some of the civil rights struggles of black people in this country, it is particularly offensive that, instead of reacting to them by bringing about change, the Government are attempting to provide police with even more unaccountable powers. Those are the same police who currently have extremely low trust and confidence among black communities, not least following the recent case of Ian Taylor, who died in police custody in the borough in which my constituency sits, the kidnap, rape and murder of Sarah Everard by a serving police officer, also in my constituency, the disproportionate levels of stop and search, and the treatment of Child Q and other children who have been strip-searched, as well as extensive evidence of institutionalised racism and misogyny in the police.
Just this week, Baroness Casey’s report found that many claims of sexual misconduct, misogyny, racism and homophobia were badly mishandled. These are
“patterns of unacceptable discrimination that clearly amount to systemic bias”,
and they cannot continue. Those are not my words but those of the new Metropolitan Police Commissioner, Sir Mark Rowley.
We know that our criminal justice system continues to be held back by institutional racism—well, at least Opposition Members know that. We have heard about institutional racism in the policing of black communities in every single review—from Macpherson to Lammy—except the Government’s recent Commission on Race and Ethnic Disparities report, which claimed that it did not exist at all.
Not only is the Bill a missed opportunity to remedy all of that profound injustice; it will only exacerbate the racial bias and the discrimination that continues to persist. That is part of the reason why I will speak in favour of a range of civil liberties amendments that seek to ensure human rights for all our citizens. I turn to new clause 11, tabled by my hon. Friend the Member for Walthamstow. I am a person of faith, and I believe that our human rights should be universal, but when a person exercising their rights begins to infringe on somebody else’s rights, that is the point at which we know that that right is wrong. We legislate on these things in this House again and again. The idea that we could use the right to free speech to infringe on someone else’s right to get healthcare is absolutely wrong, so I am pleased to support that new clause.
The Bill continues to follow a pattern from a Government who voice support for protests all around the world but want to crack down on the right to speak up here at home. Protest is an important part of a democratic country because it is one of the driving factors that allows individuals to exercise their rights to free speech and speak up against an unfair and unjust Government—like this Government—and their laws. That is why I tabled new clause 17, which sets out that there must be a public inquiry into the policing of protest, which would address: the use of force; kettling; the deployment of horses; and the new policing powers contained in the Bill and the Police, Crime, Sentencing and Courts Act. I have also signed a range of amendments and new clauses that would seek to protect our civil liberties and trade union rights, including addressing those recommendations from the Joint Committee on Human Rights and those supported by Liberty, Amnesty and others.
I draw colleagues’ attention to amendment 36, tabled by the hon. and learned Member for Edinburgh South West, the Chair of the Joint Committee on Human Rights, about the burden of proving “reasonable excuse” or that an act was part of a trade dispute away from the defendant and making it an element of the offence. The Government are not even attempting to sugar-coat the aim of that measure, which is trade unions. I see trade unions as our last line of defence against the relentless and accelerating attack that we see on the living standards of the working-class. The Government know that their economic policies are unpopular and cause suffering, so they want to remove everybody’s right to resist and fight back.
I thank my hon. Friend for giving way. She is making a very powerful speech in support of her amendments. I was with her at the demonstration outside New Scotland Yard following the death of Chris Kaba. It was an emotional and passionate occasion. Everyone there was looking for justice and looking for knowledge and an inquiry. Does she support more pressure on the Home Office to hurry it up, so that we can get some closure on that terrible loss of life and the pain that goes with it? The beautiful way in which his cousin spoke at that demonstration will stay with me for ever.
I thank my right hon. Friend, and he is absolutely right. Far too often, families like the Kaba family have to spend months, even years, seeking answers and justice for their loved ones. I hope that in the years to come, the Independent Office for Police Conduct quickly begins to look at measures to speed up the investigations that give family members answers about why they have died. We have to remember that around the time Chris Kaba died, not to mention him too much, he was one of two men who had been killed following contact with police, and one of over 1,000 who have died in police custody or following contact with police since 1990. Since that time, only one police officer has ever been prosecuted. That absolutely needs to change.
In conclusion, the Public Order Bill is a continuation of the Government’s assault on the right to protest, further criminalising people who call for the change we need and ramping up police powers to restrict demonstrations. It could also have a very negative impact on black, Asian and minority ethnic communities. It is authoritarian and disadvantages the poorest and most marginalised communities. Unless it is fundamentally amended, I believe it must be opposed.
I thank the right hon. Member for her powerful contribution with which I entirely agree.
I was just explaining about the combined effect of new clauses 7 and 8. New clause 7, crucially, allows the Government to propose that the Secretary of State be allowed themselves to apply for an injunction despite not being affected or being a party in the normal sense. Added to that is the effect of new clause 8, which gives the Secretary of State another new power, namely to apply to the court to attach a power of arrest and of remand to injunctions granted under new clause 7.
Let us imagine what that could look like in practice. Let us suppose that the Government set their sights on a group of countryside ramblers planning a walk headed in the direction of a nature reserve that is home to a protected species and about to be dug up by investment zone bulldozers. The Secretary of State might decide that there is a risk that the ramblers will link hands to try to close down a major bridge that is required for vehicle access to the nature reserve. The Government might then apply for an injunction to stop the walk and for the power to arrest anyone who breaches that injunction and goes rambling in the countryside—regardless of their intentions. If successful, a new public order offence will have effectively been created on the basis of potential disruption of key national infrastructure, and the ramblers concerned will be at risk of being fined or even imprisoned. I do not think that it is an over-exaggeration to call such powers Orwellian. They are anti-freedom, anti-human rights and anti-democratic.
My hon. Friend is making an absolutely excellent speech. The right to roam would not have happened without the mass trespass at Kinder Scout in the 1930s. We owe our liberties to those who took risks by demonstrating in the first place. Every Member of this House has benefited from those liberties that came about as a result of the risks that others took.
Do I agree? Yes, I do. The right hon. Gentleman makes a very important point. As someone who took part in some recreations of that trespass on Kinder Scout earlier this year, I could not agree with him more about the importance of people taking that action.
It is also important to note that while existing and expansive civil injunctions are being used with growing and alarming frequency to clamp down on direct action tactics, with a wider, chilling effect on the right to protest, the majority of civil injunctions do not give the police powers of arrest. I have repeatedly warned that the Government’s approach overall amounts to a dangerous politicising of policing, and these two new clauses are cut from exactly the same cloth. Moreover, a seemingly ideological determination to stop people standing up for what they believe in is woven through every clause of this Bill.
In my remaining time, I want to speak specifically against serious disruption prevention orders and in favour of the amendments to remove them. On Second Reading, I set out my objection to these new civil orders and said that they might more accurately be called “sinister disproportionate political orders”. Nothing I have heard since then has persuaded me otherwise.
The Government want to be able to impose such orders on individuals who have participated in at least two protests within a five-year period, whether or not they have actually been convicted of any crime. That is a massive expansion of police powers. Furthermore, the range of activities that could result in someone being given an SDPO is extremely broad. It includes actions that would not themselves be criminal but for the creation of the new, widely-drawn offences in the Bill. The threshold is so low as to be laughable, were the consequences not so grave. The conditions for imposing an SDPO include activities related to a protest that might—might—cause serious disruption to two or more people. The Bill is a massive clampdown on our civil liberties and we have to oppose it.
Finally, I wish to put on record my support for the new clauses of the hon. Member for Streatham (Bell Ribeiro-Addy), and for new clause 11, which has been much discussed already this afternoon. I also want to say a few last words about new clauses 13 and 14, which I support because they are consistent with so much of the work that has been done over many years to make misogyny a hate crime and to end violence against women and girls. Sexual harassment is still at epidemic proportions. Women are disproportionately subjected to harassment, abuse and intimidation every day. Those offences are still not properly addressed by the police or the criminal justice system.
New clauses 13 and 14 would bring sentencing for harassment offences motivated by the sex of the victim in line with the approach already followed for offences motivated by race or religious identity. Crucially, they do not create any new public order offences or make anything illegal that is not already illegal; rather, they seek to ensure a serious response from the police and the courts. I hope that, in turn, harsher sentencing for those hate crimes would act as a deterrent and encourage women to report sex-based harassment, confident that they will be taken more seriously than at present.
Some 97% of women under the age of 25 have experienced sexual harassment in a public space—a huge number. There is no room for complacency. If we want to tackle hate crime against women, we must support the changes set out in new clauses 13 and 14.
(2 years, 5 months ago)
Commons ChamberFor the benefit of the British people, the public, I have in my hand just four pages with a list of Opposition Members making exactly that point with glee—basically wanting the policy to fail, condemning it and saying all sorts of things without coming up with alternative solutions.
My hon. Friend is absolutely right about France as a safe country. This is a fundamental principle of working with our colleagues more broadly—[Interruption.] Those on the Opposition Front Bench have already had their chance to speak. These are safe countries and there are people who are effectively picking to come to the UK. That is something we have to stop by going after the people smugglers and breaking up their business model.
Instead of attacking lawyers who represent desperate and frightened people and attacking courts who give judgment on the European convention on human rights, why cannot the Home Secretary just say very clearly that her Government support the European convention on human rights as a protection of the rights of everybody among the signatory nations and that this Rwanda policy is not just a shame but an utter disgrace? It is a dereliction of duty and it is treating desperate people trying to find a place of safety in a difficult world like chattels that can be sent away somewhere else. Is the policy not just a disgusting example of what the Government are really about where human rights are concerned?
With all due respect to the right hon. Gentleman, we disagree on many aspects of things. In fact, we have had previously had debates in the House where we have disagreed on various issues. He is absolutely consistent in his approach. I disagree with what he says about our policy and in light of the fact that we are currently going back to the courts to get their judgments, which is the right thing to do, I am not going to comment any further on the European Court and its work. I am in the process of getting that judgment and that is the right thing to do.
(2 years, 7 months ago)
Commons ChamberIs it not a moral requirement for the Home Secretary to explain why she will deport people who have arrived in this country, fleeing from desperate wars, famine and problems, prepared to risk all to cross a dangerous sea? Do they not deserve a sense of humanity from the Home Secretary, and not to be deported to incarceration in Rwanda?
Again, I refer to the tone in which the right hon. Gentleman refers to our partners in Rwanda, which frankly I think is quite questionable. I remind him and all Members of the House that France, alongside many other EU member states, is a safe country, and those travelling to the United Kingdom by making illegal and dangerous crossings that put their lives at risk, which is what we are trying to stop, could and should claim asylum in those countries first of all.
(2 years, 8 months ago)
Commons ChamberI commend the Minister for the moderate and sensible way in which he introduced the Bill and I urge him, when considering how we should vote on all the amendments, to be robust and to hold the line. When the Bill becomes an Act it will be crawled over by so-called human rights lawyers, and I believe that it is the bare minimum to try to deal with the scandal of channel crossings, which are putting so many lives at risk.
Let us pause for a moment and think about what we can agree on. The push factors are enormous, such is the misery in the world in places such as Yemen, Syria, Iraq and many other countries. There is no limit to the number of people who want to come here. Let us consider the pull factors. We have the most liberal labour laws in Europe. We speak English; we can do nothing about that. We have no national identity card, which I think will become increasingly essential in the modern world. People can vanish into the community, and we already have large communities from all over the world. The pull factors are enormous—in a way, President Macron has a point.
We have to ask people who oppose the Bill and seek to amend it, what is their solution? Everybody accepts that the cross-channel trade is appalling—it criminalises desperate people and lines the pockets of gangsters—but what is the solution? Such is the pull factor and the push factor that even if we did have offshore asylum claims for 2,000, 5,000 or 10,000, it would probably make very little difference to the number of people desperate to get into this country by any means at all.
I repeat that what we have in the Bill is the bare minimum to try to break the cycle of it being just about economically attractive to make the appallingly dangerous journey. We have to have a variety of measures in our toolkit. I do not know whether we will ever resort to pushback, although the Greeks have pursued it very successfully, and I do not know whether we will ever resort to offshoring, although the Australians have used it very successfully.
I am sorry I have only recently come into the Chamber; I was at the Westminster Bridge event. Will the right hon. Gentleman reflect for a moment on the fact that there are 1 million refugees in Bangladesh, many hundreds of thousands in Uganda and over 1 million in Poland? Many countries around the world, which are very poor and have very little infrastructure, have taken in far more refugees than any European country. They are holding their hands out to support people. He appears to be moving in the opposite direction.
I do not think that that is true. Actually, if we talk about our response to Ugandan refugees, Hong Kong and many other areas, we have been generous. We have to have a sense of proportion. Such is the overwhelming number of people who want to come here, we have to hold the line. If we did not, it would have a catastrophic effect on race relations. [Interruption.] Yes, it would, because people would be angry about it. They would think, “Why did I vote Brexit when I can’t even control my own borders? What are the Government doing?” The Government, to be responsible, have to respond by trying to deal with illegal cross-channel crossings. All the Lords amendments would just add to the pull factors. For instance, one amendment says that people should be allowed to work after six months. That is an extraordinarily attractive pull factor. I am afraid that the Government have to hold the line. My personal view is that until we are prepared to criminalise people who take the illegal route, until we are prepared to arrest them and until we are prepared to deport them, we will never have a chance of dealing with this trade.
The Bill is just the first step in trying to deal with this appalling problem. I ask those who support the amendments and oppose the Government today—I repeat the question—what is their solution? People are pouring across the channel every day. Sooner or later there is going to be a terrible tragedy. We have already had one tragedy in November. What is their solution? How are they going to stop that? How are they going to break the cycle used by criminal gangs? There is no solution, apart from what the Government are attempting to do today. It is a minimum solution. It is, actually, a humanitarian solution. It is about trying to prevent people from taking appalling risks. If we allow any of the amendments—any of the amendments—and if we do not hold the line, sooner or later there will be an even greater tragedy in the English channel.
I support the points made by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), which we discussed on Report. He is right that 12 months is an absolute minimum for a victim to pursue the prosecution of a case. I hope that the Government will reconsider that and go for a much longer period, so that the norm will be that those people get a permanent right to remain and live in this country. After all, they are victims of appalling behaviour by some brutal people. We should support them and not put artificial hurdles in their way.
The right hon. Gentleman definitely gets the tone right in highlighting the severity of the criminality perpetrated by individuals who, as I say, we all want to bring to justice.
Another point that I would make, because it is useful in the context of the debate, is that such matters are considered on a case-by-case basis and people are often awarded a period of leave that is longer than 12 months, which is beneficial for them. We would not want to see an adverse situation where people received less time than perhaps they would have done, given that individuals are receiving more after a case-by-case consideration that takes into account all the relevant factors. As I say, we are very willing to take the issue away and to engage with my right hon. Friend the Member for Chingford and Woodford Green. We will have those discussions and conclude them accordingly. He should leave that with us and we will get that meeting organised as quickly as possible.
Lords amendment 27 inserts a new clause that relates to victims of slavery aged under 18. It would mean that victims under 18 could not be issued with a slavery and human trafficking notice. It would exclude that group from the new disqualifications from modern slavery protections, provide a blanket grant of leave to remain, and legislate for a specific reasonable grounds test for those whose exploitation took place under the age of 18 —yet not for other victims.
Before issuing a slavery or trafficking information notice, decision makers would not have information about an individual or their exploitation, including, crucially, their age when the relevant exploitation took place. Similarly, the reasonable grounds evidence gathering process is when information regarding the person’s exploitation is often identified, so only at that stage could decision makers know that the person’s exploitation had occurred before they turned 18. In practice, therefore, it would become unworkable to differentiate on the basis of the timings of exploitation. We know that children who have been trafficked need support, but what concerns us about this Lords amendment is that it would move us away from taking a case-by-case approach and could incentivise adults to claim that they are children. We therefore cannot support it.
I turn to Lords amendment 40, which concerns the operation of the electronic travel authorisation scheme in respect of individuals travelling to Northern Ireland on a local journey from the Republic of Ireland. We have been very clear in emphasising our continuing commitment to the Good Friday agreement and the protocol, and we would like to take the opportunity to reassure colleagues again that there will be no controls on the border between Northern Ireland and Ireland.
However, this amendment could result in an unacceptable gap in UK border security that would allow persons of interest or risk who would be otherwise refused an electronic travel authorisation to enter the UK legally, undermining the very purpose of the ETA scheme, which is to prevent the travel of those who pose a threat to the UK. It is important that, as now, all individuals—except British and Irish citizens—arriving in the UK, including those crossing the land border into Northern Ireland, continue to enter in line with the UK’s immigration framework to protect both the UK immigration system and the common travel area from abuse. This is a well-established principle of the operation of the common travel area and applies when travelling in all directions. The UK is entitled to introduce and change its own requirements in the interest of securing the UK border, and we will continue to liaise with the Irish authorities on matters of border security in relation to the common travel area. We therefore cannot support this amendment.
I am very grateful to the hon. Gentleman for his question. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), was whispering in my ear at the same time, making the point that he has already had a meeting with the Irish Government to discuss this, and I know that that engagement is ongoing. He is also very willing to meet the hon. Gentleman to discuss this in greater detail, and we will get that meeting organised for him as quickly as possible to progress that.
I turn now to Lords amendments 28 to 39 and 42, which the Government have introduced in response to the crisis in Ukraine. They strengthen our visa penalty powers, meaning that we can impose penalties where a country poses a risk to international peace and security or when its actions lead or are likely to lead to armed conflict or a breach of humanitarian law. Lords amendment 42 means that these powers will come into effect as soon as the Bill receives Royal Assent, rather than two months after Royal Assent as we had originally been planning, so that we will be able to use them much sooner. I commend those amendments to the House, and I would like to think that they will be broadly welcomed.
I understand the thought process behind these amendments, and I do not have any problem with that, but could the Minister assure the House that people wanting to come to this country from Russia or Belarus who have been taking part in peaceful activities to oppose the war and call for peace, and who need to get somewhere else, will not be prevented from coming to this country?
The Minister shakes his head and grimaces; I am not entirely sure why, because the idea is eminently workable. Tourism Ireland and Tourism NI are anxious that the legislation on ETAs will be an inhibitor for people who wish to visit the island of Ireland. They do not say, “I’m coming to the north” or “I’m coming to the south”—they say, “I’m going to Ireland.” They do not see the boundary as we know it and see it.
That is one way of dealing with the situation; there may be others. Our fear is that this measure would be damaging for tourism and for business confidence. Post covid, visitors should speedily be encouraged to come to the island of Ireland. Putting other impediments in their way would not be in the interests of the economy.
Briefly, I have three points. First, this Bill is not an acceptable piece of legislation—it is an appalling piece of legislation. There is a refugee crisis, all around the world. We should recognise that and be more humane in our approach. I absolutely support Ukrainian refugees being able to find safety wherever they want to go and absolutely support any measures to welcome them to this country, because of the trauma they have suffered and because of this awful war; the same should apply to victims of wars in Afghanistan, Yemen, Iraq or elsewhere. Those people are just as traumatised and their lives are just as damaged.
Secondly, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) made a number of points on the 12-month rule that is apparently being introduced for victims of modern slavery. I hope the Minister can clarify that he is serious in what he says on this subject and that we are going to open the route for people who are victims of modern slavery to get permanent residence in this country as a place of safety. They have suffered grievously, from huge levels of abuse. As the right hon. Gentleman also pointed out, the numbers involved are not very large.
I am conscious of the time, but the third point that I want to make is about the new clause inserted by Lords amendment 36, subsection (2) of which refers to
“Visa penalties for countries posing risk to international peace and security”.
I would be grateful if the Minister could respond to my earlier intervention and that of other colleagues on the definition of who poses risk. There is no definition of which countries the measure refers to or how it will play out.
An activist for peace in a country which the Minister feels is a risk is clearly at double risk. The Minister said they can seek an application—of course they can, but how do they practically make that application? In addition, those who are not activists and who do not have any particular political views, but who are caught up in an international conflict, such as a married couple where one person is from this country and the other is from another country—it does not have to be Russia—also deserve a right to come to this country. I hope that this new clause does not make it even more difficult for them to come home when they want to.
I am grateful to be called to speak again, as I spoke in the earlier debate. I think I have less than a minute and a half, so I will be brief. I want to speak to Lords amendment 22.
Those of us who have dealt with children who have gone through the age assessment process recognise just how traumatising it is for those children, many of whom are already suffering from post-traumatic stress disorder. That is why it is important that we minimise the numbers going through the process and make sure that it causes the least harm possible. I cannot fully understand why the Government object to this amendment, which, in my view, sets out the best practice we have been arguing for over a number of years.
The new clause introduced by Lords amendment 22 would reduce the number of people who go through the process by making sure that there is a “significant reason” to doubt the age. It would also ensure that the assessment is carried out by a local authority social worker, because—we have to be honest—Home Office social workers have been found lacking. That is not my judgment—it is the judgment of the courts. There is a difference of culture. The Home Office is about enforcement; the local authority is about supporting those who have been traumatised.
The new clause also introduces an element of best practice by making sure that the Association of Directors of Children’s Services draws health and other professionals into multidisciplinary teams, which we have been arguing for, so that we get the best possible and most objective assessment. There would also be an objectivity in the process that we doubt would be the case under the Home Office.