Authority to Carry Scheme and Civil Penalties Regulations 2021

Lord Kennedy of Southwark Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the Minister for her explanation of the purpose of these regulations. I put on record that the Labour Party gives the Government, the security agencies, the police and other law enforcement agencies our full support in their fight against terrorism and criminality in all its forms.

I welcome the measures that strengthen protections at UK borders as they help keep people safe. I noted in the Explanatory Memorandum that the Home Office has refused carriers the authority to carry 8,000 individuals seeking entry to the UK, including 3,000 individuals previously deported from the UK, 4,600 individuals using lost or stolen travel documents, and 180 individuals previously excluded from the UK.

Further, I welcome that these measures support and relieve the pressure on hard-working UK border officials and other operational partners. They save time and money, enhance our security, and stop those who would otherwise be prevented from entering at the border even attempting to make the trip.

I am fully aware of the context for why these measures were in place in the first place: as an additional measure to stop fighters travelling to and from Syria and Iraq. I fully support that aim.

I have a few questions that I hope the Minister will be able to answer. First, the Explanatory Memorandum does not make it clear when the updated guidance will be provided on the operation of the scheme and the penalties for non-compliance. Can the Minister tell the House when this guidance will be forthcoming?

Can the Minister confirm that the maximum penalty will be £50,000? How many carriers have been fined and what was the level of the fine imposed on them? Further, is there a mechanism for uprating the fine so that it keeps pace with inflation? Has the Home Office undertaken any assessment of the deterrent effect of a fine of up to £50,000? If not, is there a plan to do so? If no assessment has been undertaken and there are no plans for one, how do we know that this is the correct figure to provide that deterrent effect?

Can the Minister say a little bit about the carriers’ compliance with the scheme generally? What can the Government do to a carrier that is in persistent breach of its obligations under these regulations beyond imposing a monetary penalty?

The noble Baroness, Lady Warsi, made valid points about the regulations being here to prevent people leaving the UK, as well as people arriving into the UK. She raised the tragic case of Shamima Begum, and legitimate questions about how this matter can be resolved that need to be answered. The case raises important public policy matters that the Government have to resolve about our obligations to the wider international community.

The noble Lord, Lord Dodds of Duncairn, spoke about the risk of individuals who would otherwise not be eligible to travel to the UK seeking access through the Republic of Ireland. It would be good to hear about the measures in place that support the freedoms we enjoy in the common travel area. As the noble Lord said, we cannot have carriers evading their responsibilities under these regulations. To be clear: I fully support the common travel area. Other than my immediate family, all my family live in the Republic of Ireland, so I have made use of the common travel area from my youngest days. I have travelled backwards and forward there many times. I fully support it, but the noble Lord raised a valid point.

With those questions, I am happy to support the regulations before the House. I look forward to the Minister’s response.