Immigration and Security

Lord Marlesford Excerpts

Thursday 4th July 2013 Lords Chamber

Moved By

[Lord Marlesford]

That this House takes note of the relationship between effective immigration controls and the interests of the security of the United Kingdom.

[Lord Marlesford]

My Lords, the balance between the protection of our national borders and our openness to the world is an area of policy in which the demands of the citizen can arouse the suspicions of a libertarian. This is one of the perpetual and challenging problems of protecting democracy. Any solutions must emerge from the reflections of the philosopher and the imperatives of the elected politician. As a mere observer and commentator on the political process, I seek only to identify some issues, explore the options that are available in our chaotic world and suggest practical decisions that need to be taken.

At no time since 1945 has this country been as threatened by terrorism as it is today. The threat is likely to continue and even grow during the lifetimes of many of us in this Chamber today. During the Cold War, the danger of conflict was both checked and mitigated by the nuclear stalemate. Three decades of Irish terrorism were for us a local difficulty, although certainly not a little one. Today, the world is threatened by a conflict between the theocratic factions of Islam—Sunni and Shia—and their complex and varied subdivisions, such as the Alawites.

Religious struggles can and do last for centuries, during which they wax and wane. This one started more than 1,000 years ago with divided claims to the leadership of the Muslim world. The lack of a pan-Islamic secular leadership is one key to the problem that we face. The man-made borders of today demonstrate fragility, with maps taking on the instability of a kaleidoscope. A cruel civil war is spreading through much of the Muslim world, putting several nations in danger of descending into the anarchy and agony of the failed state. The factional terrorists of Islam seem to unite only in the overriding mission of Islamist jihadists to install a worldwide caliphate under Sharia law. An uneasy concordat between Muslims and Christians is now fragmenting, with mounting aggression against Christians, who are irrationally perceived as representatives of western interests.

A virtue of democracy is its vulnerability to authoritarianism, which is why it must be protected from the inhumanity of theocracy. We in the UK, along with other western nations, are menaced by jihadists, both imported and home-grown. Many people arriving in Britain, including some of those seeking asylum from persecution, bring with them their own political, religious and cultural agendas. My premise is that if a nation cannot defend its own border security, everything is at risk. It is in that context that I suggest that where the survival of democracy is at stake, the human rights of the ideal democratic state must be subordinate, at least temporarily, to national security. The absolutes of death are not part of life and never can be. Nor can our democratically elected politicians put responsibility for our national security in the hands of unelected bodies in Brussels, Strasbourg or anywhere else. That is the road to tyranny.

The proposals that I shall make are neither dramatic nor threatening to our cherished British liberties. They are, in sum, based merely on using the possibilities offered by effective management, combined with technology, to help identify and forestall threats of serious crime and terrorism. I believe that the British people support our security and intelligence services having the powers and facilities that they need to protect us. Our deep-rooted sense of independent justice, and our ancient system of parliamentary democracy, hold the ring against abuse, either from inside or outside, by those powers. I have been to GCHQ and was impressed in particular by the priority given to countering the threat of cyberattack, which is a form of terrorism.

The coalition Government have, rightly, abandoned the proposals for a national identity card. To begin with, it could never be a secure or even reliable means of immediate identification. Secondly, it has historical overtones that are unacceptable. Identification numbers, and passports for travel, are another matter. They have existed in various forms for a very long time. Today’s technology offers far greater efficiency. It goes without saying that the issuing of passports must be protected by the highest security. Some years ago, my noble friend Lady Anelay and I visited the Passport Agency. We were able to identify serious and obvious weaknesses in the system. Recently, as the Identity and Passport Service, I understand that it has been better—but how much better?

It is absurd that the British passport authorities are unaware of what other passports those with a British passport hold. I was warned by security sources five years ago of the danger of terrorists and other criminals concealing their activities through the use of multiple passports. Risk areas include Pakistan, Somalia and Algeria. I am not against people having more than one passport, or multiple nationalities. However, for years I have urged the Government to take steps to establish details of what other passports UK passport holders have. There should be a strict obligation to divulge full details to the British passport authorities, including a photocopy of any other passports held. One response I have had in the past from the Government was that people would not necessarily disclose the fact that they had a second passport. The answer to that is simple: anyone found to have concealed their non-British passport would be liable to have their British passport cancelled. As a British passport is issued under the royal prerogative, there should be no administrative problem in doing that, although a judge could have a part in endorsing the decision.

There are many aspects to the visa question. However, as with nationality, it is absurd that we should be inhibited from discriminating in favour of certain categories of persons who should be given British nationality or visas to come to Britain. We already do so, with some nationalities requiring visas and others not. One of the silliest things I heard recently was the Chancellor, when announcing that Mark Carney, his nominee for Governor of the Bank of England, would take British citizenship, emphasising that Mr Carney would of course not have any preference or priority in his application.

Of course there have to be fast tracks and priorities for those we want, for example genuine businesspeople, as well as bars and vetoes on those we do not want in our country. To deny this is egalitarianism gone mad. Genuine students must be encouraged. They are the future trade links for the UK. I welcome the Government’s new proposals to limit health tourism in the NHS by non-EU nationals. We must also examine the vulnerability of our borders to those arriving from and through Europe. Our national interest must be paramount in formulating immigration policies. This does not, of course, exclude us from continuing to act as a haven for the persecuted, who are, incidentally, often obliged to use false passports to escape from where they are coming.

However, it is crucial that the processing staff who issue both passports and visas should be of the highest integrity, and this has certainly not been the case. The hub-and-spoke system of issuing visas from regional centres can facilitate corruption and sacrifice quality to economy. The staff of the border agency have not only been of inadequate calibre but have proved to be seriously and systemically corrupt. In five years, some 30 members of Home Office staff have received heavy prison sentences—up to nine years in one case and three, four and five years in several others—for misconduct in public office, and the great majority of these were from the border agency. This is so serious that I hope the Minister can tell us that a plan has been made to root out the corruption in an organisation in which these convictions may well be only the tip of the iceberg.

On 25 March, my right honourable friend the Home Secretary announced that the border agency, which is still not fit for purpose, is yet again to be reorganised. I suggest that a Green Paper is needed to say what is to be done, with particular reference to staffing. If we are going to have legislation on this, it should probably be subject to pre-legislative scrutiny. There have been so many disastrous failures, and this time we really must get it right.

I believe that the UK Border Force should be subject to similar standards of discipline and nationality qualification as the Armed Forces; they are, after all, part of the defence of the realm. We now have a new commander of the Border Force, Vice-Admiral Sir Charles Montgomery, who was Second Sea Lord. He faces a great challenge to get a grip of the show. He should be up to it, but time will tell. Meanwhile, I would like to see some of the very able military officers and non-commissioned officers, who are prematurely leaving our Armed Forces because of defence cuts, recruited into the Border Force in positions of command and control. Clearly, members of the Border Force cannot be allowed to continue to take industrial action, as they are at present. They should instead, I suggest, be part of the military covenant.

I come now to the e-Borders system. We are probably one of the least efficient advanced countries in the electronic protection of our borders. I believe that three of the most efficient are Hong Kong, Israel and the United States. It is lamentable that, after enormous expenditure on our e-Borders system, it is still not in sight of completion. When there are so many people who may be intent on harming our society and our nation, it is absurd that we do not know even whether they are in the country. What is the point of laying down conditions for entry that include requirements for departure, as most visas do, when we have no way of knowing whether people who should have left our shores have actually done so? The system will be complete only when every entry and departure is electronically linked to an up-to-date warning list, with records kept for as long as the security forces think necessary. In my view, that is no threat to privacy. I have three questions for the Minister. First, how much has so far been spent on the e-Borders project? Secondly, how much more is budgeted to be spent? Thirdly, when will it be completed?

Finally, I come back to the controversial area of human rights and our national sovereignty. In the debate on human rights on 20 June, my noble friend Lord Faulks referred to the £1.7 million cost of litigation in the Abu Qatada extradition case and the lack of any limit, apparently, to what the taxpayer is expected to fund. Those who our courts have declared a risk to our national security can at present twist and turn at huge financial cost to the taxpayer to avoid or postpone deportation. The noble and learned Lord, Lord Woolf, commented in that debate on the “totally disproportionate” cost of British advocates appearing in front of the European Court of Human Rights, who are, apparently, “10 times more expensive” than advocates from other jurisdictions. Resources are limited. Such costs cannot be justified in the face of spending cuts in so many other areas. If extradition is to continue to be subject to the European court, there should be a fast track to that court, so that there is not endless messing around before a case gets there. The European court should itself have a fast track to deal with deportation cases. That could save much time and money, I suspect.

As my noble friend Lord McNally said in that debate, human rights are,

“deep in the political DNA of the British people and of our history”.—[Official Report, 20/6/13; col. 460.]

If, as the old cliche has it, politics is the art of the possible, then the effective control of immigration and the protection of our borders is an equal challenge to all our political parties and leaders, and they should surely be able to agree a policy on a cross-party basis. Such a policy should never—indeed need never—undermine our proud traditions of parliamentary protection of liberty.

[Lord Spicer]

Before my noble friend sits down, I will make one quick comment, which I think can fit in within the time allocated to him. He mentioned in his brilliant speech that the passport office is getting better. I had the experience recently of trying the fast track. I spent nine hours in the passport office. The main reason it gave me was that it could not communicate between London and Liverpool. That might perhaps prompt my noble friend to think again a little about how efficient it really is.

[Lord Marlesford]

My noble friend gives a very good example of the problems.

--- Later in debate ---

[Lord Marlesford]

My Lords, I thank all noble Lords for contributing to an important debate on a big and important subject. It represents a huge problem and a huge challenge. I point out to the Minister that this Government have been in power for three years and it is about time that we started getting more results. The situation is still very unsatisfactory. Otherwise, we would not have had only in March the dissolution of the whole border agency.

The noble Lord, Lord Rosser, condemned accurately and in detail a lot of the symptoms, but I hope that he agrees that a lot of them are a legacy of the policies that his Government left behind and that we have been too slow to change. I am not convinced that they have yet been given sufficiently radical treatment. The committee of the noble Lord, Lord Ramsbotham, and my noble friend Lord Hodgson could contribute usefully in arriving at a good solution. Putting the admiral in charge of the Border Force is very sensible, but the rest of it seems still very amorphous. I suggest that the Government produce a Green Paper to describe how the border agency, which has been taken back into the Home Office, will be organised. It will probably need some legislation—he has not said that—and this must be closely looked at by Parliament before it is done, otherwise the same mistakes will be made.

My noble friend Lady Hamwee made a very important point about the new era of electronic communications, which has given a different dimension to some of the problems of ensuring our national security through the borders and elsewhere. It is not surprising. Everyone now makes a tremendous issue of the scale at which Governments intercept communications. It is not surprising that they do so, and it would be quite wrong if they did not because the scale of communications has gone up so much. Everybody now can communicate in very sophisticated ways, which enables those who are inclined to crime or terrorism to do things that previously they could not do. The technological revolution in communications has greatly increased the danger from terrorism. The problem is enormous. There is a lot more work to be done, and I hope that the Government will, after three years of cogitation, consult Parliament quite closely on what they propose to do before they do it.

Motion agreed.