Shared Spaces

Lord Rosser Excerpts

Thursday 15th October 2015 Lords Chamber

[Lord Rosser (Lab)]

As have other noble Lords, I thank the noble Lord, Lord Holmes of Richmond, for securing this debate and for his report on this issue which, as he said, was published three months ago shortly before the Recess. The noble Lord’s report is a much-needed reminder that what may seem an exciting and interesting development must be implemented with care and with the needs and requirements of all members of the community in mind.

Reference has already been made to the survey that the noble Lord, Lord Holmes, launched and its findings, with nearly two-thirds of the sample rating their experience of a shared space as poor, just under 20% as fair and 18% as good. Regarding those rating their experience as poor, this was in no way confined to those reporting a long-standing condition or disability, for whom the figure was 70%, since for those reporting no disability the figure was still 57%.

On the basis of my limited personal experience of shared spaces, I prefer using them as a pedestrian than as a motorist, but then, I do not have a disability. When using a shared space as a motorist, my concern is certainly not that I need to drive slowly, but that I may still be involved in a collision with a pedestrian due to factors referred to by the noble Lord, Lord Holmes of Richmond, in his report and by other noble Lords in this debate.

The Department for Transport 2011 local transport note entitled Shared Space refers to the fact that the Equality Act 2010 introduced an equality duty that requires that,

“public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all”.

It goes on to say that:

“Authorities will need to consider how different people are likely to be affected by new scheme proposals and due regard should be given to the effect they might have on those protected by the Duty”.

We are talking not about a due regard that ought to be taken into account, but a due regard that is required to be taken into account. A clear failure to do so must ultimately leave any public sector bodies or authorities responsible potentially open to the prospect of some form of legal proceedings under the Equality Act 2010. It would be helpful if the Minister said whether the Government consider that a correct interpretation of the position and, if so, have any successful legal proceedings been taken on this point under the 2010 Act in relation to shared space schemes?

The Department for Transport document to which I referred states:

“Shared space is a design approach that seeks to change the way streets operate by reducing the dominance of motor vehicles, primarily through lower speeds and encouraging drivers to behave more accommodatingly towards pedestrians”.

What happens if there is a deficiency, and the issue of more accommodating behaviour is not then addressed? The document goes on to say:

“Improving pedestrian movement and comfort, as well as creating vibrant spaces, for example, are likely to be primary objectives, and a high level of sharing should only be considered an objective in its own right if it contributes to these higher-order ones”.

The document also stresses the importance of post-scheme monitoring to record user behaviour and to assess whether a scheme is operating as planned.

The extent to which post-scheme monitoring is actually taking place is not clear, and perhaps the Minister could tell us if the Government have any information on this point. In the light of what we have heard in this debate—and, indeed, in the report of the noble Lord, Lord Holmes—surely post-scheme monitoring, if it has been taking place objectively with all appropriate parties, must have thrown up some of the serious issues being discussed today.

The very helpful briefing pack for this debate prepared by the House of Lords Library includes a document from the National Federation of the Blind UK, dated January last year. Despite a Department for Transport document stating that, since shared surfaces can cause problems for some disabled people and that it was,

“important that shared surface schemes included an alternative means for visually-impaired people to navigate by … no DfT guidance is given on this matter, so in many Shared Spaces this instruction has not been implemented, resulting in people with little or no sight being frightened to use these areas”.

That was also the finding of the report of the noble Lord, Lord Holmes.

The document from the National Federation of the Blind UK sets out the general abilities and limitations of blind people and of trained guide dogs in order to provide assistance to planners and designers who are responsible for ensuring that streetscape layouts are fully inclusive and meet the requirements of the public sector equality duty. Can the Minister confirm the status of that document in the eyes of the DfT, since it indicates that it should be read in conjunction with DfT guidance documents?

The briefing we have had from the Guide Dogs for the Blind Association calls for the Government to issue clear, current statutory guidance for local authorities to use when developing streetscapes to ensure they are safe for people who are blind or partially sighted, and calls for a moratorium on local authorities commissioning shared surface schemes until up-to-date statutory guidance has been issued. I have no doubt that when he responds the Minister will say something about the Government’s response to the key recommendations in the report from the noble Lord, Lord Holmes of Richmond, but could he also respond to the call from the Guide Dogs for the Blind Association for statutory guidance and for a moratorium until such up-to-date statutory guidance has been issued?

The noble Lord’s report also addressed the issue of accidents in shared spaces, the nature of some of those accidents, and the very low reporting of incidents to the police. Can the Minister provide us with any figures on the number of accidents in shared space schemes, the nature of those accidents, and whether the incidence is higher or lower, or much the same as in conventional streets? Likewise, will the Minister comment on the statement in the report about non-reporting of accidents or incidents in shared spaces, and whether the low level of reporting referred to in the noble Lord’s report differs from the level of reporting of accidents or incidents in conventional streets?

The report from the noble Lord, Lord Holmes of Richmond, raises some very serious issues about the design of at least some existing shared space schemes, not just for their impact on and consequences for blind and vision-impaired people, but for people generally. Like other noble Lords, I await with interest the Minister’s response, in particular whether the Government agree with the basic findings of the report and, indeed, with the concerns on shared space schemes expressed by many noble Lords in the debate. If they do—and it is difficult to believe that either the report or the concerns expressed today can be that wide of the mark—what actions are the Government either considering or intending to take on shared space schemes to address the issues highlighted in the debate, particularly for blind and vision-impaired people? The DfT cannot issue guidance on shared spaces and then wash its hands of the matter when that guidance either results in some worrying consequences or is not being followed with appropriate rigour.

Economic Case for HS2 (Economic Affairs Committee Report)

Lord Rosser Excerpts

Wednesday 16th September 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I welcome today’s debate and the powerful speeches that we have heard, including from my noble friends Lord Adonis and Lord Prescott, and from my noble friend Lord Mitchell, who told us that reports of the impending death of the railway industry were not premature. I also thank my noble friend Lord Hollick and the Economic Affairs Committee for their report, which, as my noble friend Lord Monks pointed out, looked at HS2 from one particular, albeit important, angle.

The report displays a certain lack of enthusiasm for the project, though not for investment in rail infrastructure. It says that:

“The Government has yet to make a convincing case for proceeding … it is not at all clear that HS2 represents the best, most cost-effective solution to the problems it is intended to solve”,

and that the Government “must answer” the list of questions set out in chapter 9 of the report before the high-speed rail Bill completes its passage through Parliament.

The Government published their response in July and presumably its content will form part of the Minister’s response—though not, I hope, the whole response, in the light of the views that some noble Lords have expressed about the adequacy of the Government’s replies to the questions posed in chapter 9. The July response, however, includes a statement in paragraph 1.13:

“Together with the Government’s Northern Transport Strategy, HS2 will bring the Northern cities closer together”.

We had a debate before the Recess on the Government’s northern transport strategy, followed by an announcement shortly afterwards that made it clear that everything was not quite as rosy with that strategy as a reasonable person might have concluded. Any lack of openness and transparency about HS2 will not assist in bringing a successful conclusion to this project, which was an important commitment of the last Labour Government and my noble friend Lord Adonis, and one to which we continue to give our support—including, despite what I am about to say, myself personally.

I have an interest to declare, in that I have a home close to the intended line of route. I live in an area where there is considerable opposition to HS2, as the HS2 Select Committee is by now aware. There will be no direct benefit to the residents of the area in question from HS2 since there will be no HS2 station nearby, but only the inevitable disruption to many residents over a lengthy period which arises from the construction of any major new piece of infrastructure in a semi-urban area, and the still-unresolved loss—despite visits by more than one Minister making sympathetic noises—of an important and substantial outdoor activity centre used by a great many young people.

My noble friend Lord Stevenson of Balmacara has also raised concerns felt by residents in the Chilterns about the impact of the present HS2 plans. The London Borough of Camden, while opposed to HS2, has said that if it is to proceed there needs to be a commitment from the Government to a properly funded and timetabled programme to develop the whole of Euston station to facilitate the building of affordable homes, create new jobs and give a significant economic boost—a point to which my noble friend Lord Adonis referred.

On the line of route for phase 2, the Government simply say that they will outline the way forward before the end of this year, which is not same as saying that they are anywhere near confirming their intentions on the line of route. Thus the uncertainty continues, and with it the associated concerns.

Some concerns to which I have referred can never be fully addressed, short of abandoning HS2, but a number of concerns can be addressed in whole or in part. The Government ought to be taking that point seriously and addressing outstanding concerns and unresolved issues as soon as possible. They should also recognise that most of those who will feel the greatest impact of the inevitable upheaval from the construction of HS2 will gain no direct benefit. In that regard, a bit more care and thought might also at least avoid own goals, which call into question competence. I understand that at the Select Committee, HS2 Ltd had to make an apology for having told concerned residents in one location for more than two years that the tunnel would be 30 metres beneath them, when the reality was that it would be only about half that depth.

I have already indicated our continuing support for the HS2 project. We are of course far from alone in taking that stance. The House of Commons Transport Committee, at the end of 2013, expressed its support for the strategic case for HS2 and said that it stood by the conclusion that HS2 is needed,

“to provide a long-term increase in the capacity of the railway and that alternative proposals to increase capacity are not sufficient to accommodate long-term forecast demand”.

The general secretary of the TUC has welcomed the decision to invest in high-speed rail, stating that it will,

“prove vital in getting more passengers and freight onto rail, narrowing the north-south divide and speeding our economic recovery”.

There have also been responses to the report we are considering today. The CBI shares the view that a modern railway is needed to deal with lack of capacity on the west coast main line. The CBI said that HS2,

“will better connect eight of our ten biggest cities, boosting … economies along and beyond the route … It’s vital we avoid any further delays to the project”.

The British Chambers of Commerce agreed that the Economic Affairs Committee,

“is right to investigate the cost of the project and its ability to rebalance the economy”.

However, the BCC went on to say that,

“if businesses have to wait several years for the details to be fleshed out, the UK’s competitiveness will be further compromised. There is a convincing case for HS2, as it is the only solution that can deliver the step-change in capacity that Britain’s north-south railways require”.

The Birmingham Chamber of Commerce said it believes that the Lords committee has largely ignored evidence given to it about the impact outside London and has focused on the capital, and that HS2 will provide massive opportunities to redevelop greater Birmingham and reskill parts of the workforce in the West Midlands.

Network Rail has said that, with over 4,000 trains running every day on the west coast main line, our busiest and most economically important line is all but full, and that HS2 will fundamentally reshape the UK’s rail network in a way that incremental improvements simply cannot deliver.

Elected leaders in our northern city regions, including Manchester, Leeds and Liverpool, have also reiterated their support for HS2 and the benefits that it will bring. The chair of Transport for the North has said that we should not undermine one of the most significant measures, which alongside—not instead of—east-west transport improvements is necessary to help rebalance the nation’s economy. In his words:

“We need to stop the British habit of finding every way to delay major infrastructure investment and get on with delivering and maximising the very real economic benefits it will bring as it creates the long term capacity to bring our great cities within easy reach of each other and international markets”.

I appreciate that the Economic Affairs Committee has not actually said that HS2 should be delayed or put on hold, but rather has raised a number of questions about the case for HS2 and the need for the Government to provide convincing answers before the enabling legislation for the first phase of the construction completes its passage through Parliament. It is up to the Government to provide those convincing answers.

There is certainly some opposition to HS2, but there is also widespread support for the project related primarily to capacity, connectivity and regeneration, including the support reiterated by the shadow Transport Secretary in the Commons yesterday.

Refugee Crisis

Lord Rosser Excerpts

Tuesday 8th September 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I say from the outset that it is preposterous to suggest that the drowning of migrants is somehow attributable to the Government here—it is attributable to those criminal gangs who actually pick on vulnerable people. Every one of us was moved by the pictures we saw of those drowning children, but that drowning child was just one example of what we have seen with those criminal gangs. The Government are at the forefront of working with EU partners to ensure that we tackle those criminal gangs. The noble Lord asked about government policy. Let us be clear: it is comprehensive. As I said in my original Answer, £1 billion has been sent to those countries which are supporting the people—the real refugees—across the Syrian crisis in Turkey, Lebanon and Jordan—as I saw myself in the Zaatari camp. The Prime Minister has announced an additional 20,000 on top of the 5,000 places that we have guaranteed here to those people under the vulnerable people scheme. These are practical steps of a comprehensive policy in dealing with a situation which is impacting not just the region or Europe but globally. It needs a global solution and the UK is playing its part.

[Lord Rosser (Lab)]

The Government said yesterday that the full cost of supporting Syrian refugees in the UK for the first year would be met through the international aid budget, easing the burden on local authorities. Is it the Government’s intention that local authorities, rather than the Government, will pay some or all of the cost of supporting the up to 20,000 Syrian refugees after the first year, and over the rest of this Parliament, or are the Government prepared to give a commitment now that they will continue to pay the full cost after the first year?

[Lord Ahmad of Wimbledon]

The Government have made a commitment in supporting an additional 20,000—it is an evolving situation and the Government will continue to review the situation in terms of numbers. The noble Lord raised the issue of finance. Again, my right honourable friend the Chancellor has announced that the Government will be looking at the increase we are seeing in the international development budget because of the growth in GDP and how local authorities —which have a crucial role in resettlement—can also be supported. The Government will continue to review the situation and monitor it closely to ensure that we get assistance to those people most in need. That is our history and the legacy of this nation. This Government will proudly continue with that legacy.

Civilian Use of Drones (EUC Report)

Lord Rosser Excerpts

Tuesday 8th September 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I add my thanks to those already expressed to the committee and the noble Baroness, Lady O’Cathain, for their report on the civilian use of drones in the European Union. Whether we are concerned or unconcerned about the impact of drones, the reality is, first, that they are here to stay and, secondly, that their use will dramatically increase, both numerically and in scope, and with it their importance in our daily lives.

Drones are a bit like the internet and social media. While having many benefits and providing many pluses, they also have downsides, since the uses to which they are put and the way in which they are used and deployed by some individuals and organisations will not always be deemed acceptable or appropriate.

As the report sets out, drones usually associated with military use are already being used extensively for a variety of civilian and commercial uses in the fields of logistics, security, construction, agriculture, energy and conservation, to name but some. My noble friends Lord Giddens and Lord Haskel emphasised that the potential future beneficial uses to which drones could be put are amazing.

There are clearly major opportunities for British companies, and indeed for Europe, to take a lead in the development of new technology in this field, and in so doing, to secure the creation of new jobs, both those directly engaged in the production and development of drones and those within the associated activities and businesses supporting this new industry.

However, our justifiable enthusiasm for wanting to be leaders in this field, and our justifiable enthusiasm for wanting to secure the many benefits that the use and development of drones will surely continue to bring, must not be allowed to obscure the potential adverse consequences arising from the development and expansion of drones and the urgent need for effective measures to address and mitigate those adverse consequences.

A recent report from Lloyd’s of London suggested that while spending on drones is likely to double by 2024, those who produce and use such equipment, as well as insurers, do not seem fully prepared for the emerging consequences. These include the risks of cyberattacks, reckless pilots, privacy issues, the danger of collisions or damage to third parties, and conflicting international regulations.

There have already been proceedings arising from the use of drones, including that of a person in a restaurant in New York who was injured by a drone being used to take photographs of diners, and an Australian triathlete who was struck by a drone that fell from the sky.

There have also been questions in this House about the regulation of drones. In November last year, the then Government stated in a Written Answer that the Department for Transport was currently developing its policy in respect of civil remotely piloted aircraft systems and intended in 2015 to engage in a public dialogue on issues such as the environmental impact, safety and privacy. No doubt the Minister will update the House on the progress being made with this public dialogue when he responds. I hope that he can be a little more specific than the statement made on this point in the Government’s response to the committee’s report.

The noble Baroness, Lady O’Cathain, set out in her opening comments the conclusions and recommendations of the committee and I will not take up the time of the House by repeating them. The report by her committee, which strongly supported the European Commission’s aim to create an internal market in the EU for the commercial use of remotely piloted aircraft systems, has been well received. In the light of its recommendations, the committee has welcomed the Government’s continuing commitment to contribute actively to the development of harmonised safety rules for remotely piloted aircraft systems across the European Union, and for a proportionate and risk-based approach to such regulations.

Perhaps the Minister will say what progress has been made by the Joint Authorities for Rulemaking on Unmanned Systems in drafting the safety regulations for Europe, and whether the Government are satisfied with the way JARUS is carrying out its role, or indeed is able to carry out its role.

In his letter to the relevant Transport Minister dated 9 July 2015, the chairman of the European Union Committee drew attention to a number of points on which his committee wished to request further information, and said that he hoped for a reply to his letter before the Summer Recess. I may be wrong, but as I understand it no such reply has been received. It would be helpful if the Minister would take this opportunity to respond to the points raised in the letter.

Among other issues, the letter asked what steps the Government were taking to ensure that the Civil Aviation Authority was adequately resourced to monitor the safety of remotely piloted aircraft systems operations and to support SMEs in the United Kingdom that are entering the industry. The noble Baroness, Lady O’Cathain, raised the issue of police resources in her opening comments.

The European Union Committee also asked what steps the Government were taking to ensure that the Civil Aviation Authority complied with its recommendation that national aviation authorities be required to share statistics regarding drone incidents with regulators, insurers and operators in other member states in order to improve the information used by insurers to assess the risks of different RPAS operations.

A further question raised that I hope the Minister will address was whether the Government were engaging with the industry on the development of an online database or app that would enable drones to be tracked and identified, and what the Government’s assessment was of the progress that has been made towards this goal.

As the committee’s report says, concerns including but certainly not confined to safety regarding the use of drones by state authorities, the media or leisure users among others could, if not addressed, undermine public acceptance of this new technology and put at risk the many beneficial impacts for society that the new technology can deliver.

The committee has done a real service in drawing attention to the issues involved, to the actual and potential beneficial impacts of drones and, above all, to the need to ensure that appropriate action is taken now to minimise the likelihood of unnecessary and avoidable difficulties in future over the way in which drones are used or misused by those who, intentionally or unintentionally, may be less than sensitive to the safety, privacy, security or data protection questions raised by this new and fast-developing technology.

Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2015

Lord Rosser Excerpts

Monday 7th September 2015 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the order was laid before Parliament on 25 June. As noble Lords will be aware, temporary control legislation is a vehicle which enables us to act relatively swiftly to protect the public. It also provides time for the Advisory Council on the Misuse of Drugs to gather evidence and prepare full advice on the permanent control of such drugs.

The order specifies seven methylphenidate-based new psychoactive substances, including their simple derivatives, as drugs subject to temporary control under Section 2A(1) of the Misuse of Drugs Act 1971. The Government are grateful for the Advisory Council on the Misuse of Drugs’s continued support in informing the Government’s response to emerging new psychoactive substances sold as so-called legal highs. The advisory council’s advice informed the order that we are considering today.

On 31 March, the then Minister for Crime Prevention received a recommendation from the advisory council under the temporary control provisions of the 1971 Act. The ACMD advised that five new psychoactive substances, related to the Class B drug methylphenidate, were being misused and that their misuse was having sufficiently harmful effects to warrant temporary control. This advice was accepted and a temporary order for the five substances came into force on 10 April 2015.

Following the coming into force of that order, the Government are aware that online retailers immediately withdrew those substances from sale and replaced them with a further two closely related substances. This came to light through the advisory council’s considerations in preparation of advice for permanent control. On 16 June, the advisory council provided further advice on the two related substances and recommended that they should be included in this new temporary order. The ACMD continues to gather evidence to support a full report on these compounds.

The previous temporary order made on 10 April lapsed on 27 June, as there was insufficient time for both Houses to approve the order. The new temporary order that we are considering today came into force on 27 June to replace that order. This order specifies all seven methylphenidate-based new psychoactive substances, including their simple derivatives, as drugs subject to temporary control.

The methylphenidate-based substances are highly potent stimulants. One of these substances, ethylphenidate, was marketed online as an alternative to cocaine. Their harms are reported to include anxiety, paranoia, visual disturbance, chest pain and a strong urge to re-dose. Other reported harms include bizarre and violent behaviour, loss of fine motor control and high risk of bacterial infection and local tissue damage from injecting.

One branded formulation, Burst, was reported as causing particular problems in the Edinburgh area, including among injecting drug users, who report reinjecting repeatedly. There has also recently been a report of an outbreak of infections in that area associated with the injecting of new psychoactive substances, believed to involve ethylphenidate.

The National Programme on Substance Abuse Deaths reported five cases in 2013-14 where ethylphenidate was found in post-mortem toxicology, and another two cases where ethylphenidate was implicated in the cause of death during 2013-14. The advisory council recommended that urgent action should be taken due to the extremely potent nature of these compounds. For these reasons, the Minister for Policing, Crime, Criminal Justice and Victims accepted the advisory council’s advice. The order, which is already in force, applies UK-wide to protect the public. It enables enforcement action against suppliers and traffickers while the advisory council prepares full advice on these compounds.

Under the order, front-line officers have additional powers to disrupt the sale of the substances online and in local head shops by targeting retailers who they suspect of selling temporary class drugs—if not other controlled drugs—including seizing their stock for analysis.

The activity is supported by the Home Office forensic early-warning system, which continues to provide added forensic capability to police forces. The order also sends out a clear message to the public, especially to young and vulnerable people, that these compounds are harmful drugs. The Government and the advisory council continue to monitor, through UK and EU drugs early-warning systems, these and other emerging compounds marketed as legal alternatives to controlled drugs.

Of course, until the Government receive the full report on these drugs they will continue to update public health messages to inform the public on drug harms, using the latest evidence gathered from early-warning systems. We know that the law change, on its own, cannot deter all those inclined to use or experiment with these drugs. However, we expect the order to have a notable impact on the availability and, in turn, demand for these drugs, as we saw with other substances.

Noble Lords will remember that methoxetamine was subject to temporary control and subsequently controlled permanently under the 1971 Act. We are aware that, on introduction of the temporary order, online sellers of these compounds immediately removed them from sale. Anecdotal reports from Edinburgh, where these compounds were first reported as being injected, also suggest a reduction in the number of people seeking treatment as a result of harms suffered from injecting them.

In conclusion, Parliament’s approval of the order will ensure that it remains in force to reduce the threat to the public posed by these temporary class drugs for up to 12 months, while the advisory council prepares full advice on harms in relation to permanent control. I beg to move.

[Lord Rosser (Lab)]

My Lords, I thank the Minister for his explanation of the purpose and reasons for this order, which we support. As he said, the order is a temporary class drug order that can be made if the substance or, in this case, substances are not class A, B or C drugs, and if the Secretary of State has either consulted the Advisory Council on the Misuse of Drugs or received a recommendation from the ACMD that a temporary class drug order should be made. The drug also has to be one that is being, or is likely to be, misused, and that misuse is having or is capable of having harmful effects.

The Explanatory Memorandum sets out the evidence in support of the necessary requirements that have to be met to make this order—which, as the Minister said, came into force towards the end of June and can remain in force for a maximum of 12 months. Having been made, the order requires a resolution of both Houses within 40 sitting days if it is to remain in force.

It would be helpful if the Minister could say why it was not possible for the Government to find time for this order to be discussed in this House between 25 June, when it was laid before Parliament, and 22 July, nearly a month later, when the House rose for the Summer Recess, particularly bearing in mind that the order came into force on 27 June. It is now nearly some two and a half months after it came into force that we are able to consider the order. It would be helpful to hear the Minister’s response on that point.

One of the purposes of such a temporary order is that it enables a new psychoactive substance or substances to be brought under the temporary control of the Misuse of Drugs Act 1971, while, as the Minister said, the Advisory Council on the Misuse of Drugs can make a full assessment of its harms for consideration for permanent control as a drug under that Act. The Explanatory Memorandum states that the provisions of this order and its consequences will be communicated to key stakeholders and the wider public, especially young people. Presumably this has now been done.

Who are deemed to be the key stakeholders and do they differ from those listed as being consulted in paragraph 8 of the Explanatory Memorandum, headed “Consultation Outcome”? Are, for example, the businesses selling these substances in the legal-highs market, referred to in paragraph 10 of the Explanatory Memorandum, regarded as key stakeholders and thus advised of the terms of this order?

Although the Minister addressed the point in his opening comments, since the order has been in force for nearly two and a half months, is there any information on the impact that it has had on the level of use and availability of the two further related substances now subject to this order that were not included in the previous order? Might implementation and enforcement of the order be resulting, in respect of those two further substances, in the risks set out in paragraph 6.1 of the impact assessment materialising? Those risks are of course in respect of chemical derivatives or alternative new psychoactive substances imitating their effects being introduced in an attempt to circumvent the temporary drug control.

[Lord Ahmad of Wimbledon]

My Lords, first, I thank the noble Lord, Lord Rosser, for his support on this matter. This issue impacts society as a whole and when we are considering such matters it is important not only to discuss them but, where possible, that agreement is reached. We are looking at this particular issue and the challenges that psychoactive substances pose generally as a major challenge for society as a whole.

The noble Lord raised the issue of scheduling and timetabling. While I do not have a detailed assessment, based on my own previous roles in government, including as a government Whip, I can say that this is scheduled according to other parliamentary business and is discussed through the usual channels. The important point to bear in mind is that we proceed with this order now, as the noble Lord acknowledged, and do so in a timely fashion.

Turning to the noble Lord’s question about communication—again, a very important point—included within “key stakeholders” are the ACMD, the Department of Health, BIS, industry and the MHRA. It is important that all key stakeholders that were part of the initial consultation are included in the communications that have taken place. The noble Lord also asked about the additional two substances or derivative products that were subsequently included. I will write to him about specific issues or evidence that have been raised.

I also stress that tackling the legal high market continues to be an important priority for this Government and the advisory council’s work programme. Noble Lords will be aware of the Government’s action to ban the supply of psychoactive substances for human consumption for their psychoactive effect through the Psychoactive Substances Bill. As noble Lords are aware, the Bill completed its passage through this House before the Summer Recess and has now been introduced in the House of Commons. When in force, the Bill will give powers to the police and other enforcement agencies to enable them to disrupt the supply of these dangerous and harmful compounds, including tackling their availability on the internet.

The legislative action is supportive of the long-term strategic objectives—many of which I know noble Lords share—set out in the Government’s action plan: to reduce demand by raising awareness of the harms of psychoactive substances; to make it difficult to obtain and supply those that pose risks to health; and to ensure that statutory services are able to effectively provide treatment and support recovery. Our balanced approach to tackling psychoactive substance misuse includes the development of toolkits on prevention, and programmes on treatment such as NEPTUNE. We have also taken action in response to the New Psychoactive Substances Review Expert Panel’s recommendations to help local areas prevent and respond to the use of new psychoactive substances, including guidance on taking action against the head shops I mentioned earlier. We have acted swiftly on the advisory council’s advice to make the temporary class drug order presented today to protect the public from the potential harms of these substances.

We are committed to a drugs policy that is informed by evidence of harm and the advisory council’s expert advice. Our duty as a Government is to consider this advice in light of all the information made available by drugs early warning systems to ensure that our response is proportionate to the threat posed by emerging drugs. As I am sure noble Lords will acknowledge, the UK continues to lead international action to tackle the emergence of new psychoactive substances. Our efforts, supported by key partners, led to the international control of mephedrone by the UN in March this year. We continue to share best practice on a balanced approach, including recently sharing our world-leading treatment guidance with our international partners. We also continue to work with our key partners on a list of new compounds that are causing concern, with a view to the UN subjecting these compounds to international control in due course. I hope that noble Lords will find that this legislative measure is conducive to ensuring that ultimately the public are protected from the harms of these new psychoactive substances, and I therefore again commend the order to noble Lords.

[Lord Rosser]

Before the noble Lord sits down, may I come back to my question about who the key stakeholders are? Paragraph 8 refers to who is consulted. Paragraph 9 states:

“The provisions of this Order and its consequences will be communicated to key stakeholders and the wider public, especially young people”.

Paragraph 10 makes reference to,

“those businesses selling these substances in the ‘legal highs’ market”.

Does the reference to the key stakeholders—that is, those who will be advised of the provisions of this order and its consequences—include, for example, those businesses selling these substances in the legal highs market, referred to in paragraph 10 of the Explanatory Memorandum?

Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015

Lord Rosser Excerpts

Monday 7th September 2015 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, these regulations will bring in new alcohol limits for professional mariners in UK waters or serving on board UK-flagged ships wherever they are in the world. These limits, more restrictive than those in place today, are aligned with those agreed at the International Maritime Organization to apply to all shipping around the globe, with the intention of improving maritime safety.

Noble Lords will be aware of the vital contribution made by the maritime industry to the well-being of this country. In this London International Shipping Week we are celebrating the fact that 95% of our imports and exports are carried by ship, and that the maritime sector contributes up to £13.8 billion of direct gross value added to the UK economy each year. It is therefore crucial that we seek to ensure the safe operation of this industry, working with shipping and port operators and with other maritime nations around the world. One source of risk that we can tackle together is that posed by alcohol consumption, which can impair the ability of mariners to fulfil safety-critical duties.

On the roads, a driver with 100 milligrams or more of alcohol in 100 millilitres of blood is seven times more likely to be involved in a fatal motor vehicle crash than is a driver who has not consumed alcohol. If the amount of alcohol is 150 milligrams or more, it is roundly 25 times more likely. The same underlying principle applies on a ship; excessive alcohol consumption increases the risk of error and accident. The current alcohol limits for professional mariners were introduced by the Railways and Transport Safety Act 2003 and are the same as those applied to motorists in England and Wales—in the case of breath, 35 micrograms of alcohol in 100 millilitres; in the case of blood, 80 milligrams of alcohol in 100 millilitres; and, in the case of urine, 107 milligrams of alcohol in 100 millilitres.

At that time, there was no internationally agreed alcohol limit for mariners. This situation changed in 2010, when the Standards of Training, Certification and Watchkeeping Convention of the International Maritime Organization was amended. For the first time, mandatory alcohol limits for mariners globally were agreed—in the case of breath, 25 micrograms of alcohol in 100 millilitres, and, in the case of blood, 50 milligrams of alcohol in 100 millilitres. These regulations will bring UK legislation into line with the alcohol limits agreed internationally, with the addition of a limit in the case of urine of 67 milligrams of alcohol in 100 millilitres. In doing so, we will reinforce the importance of these limits in securing the safety of ships, and all those who travel on them.

Furthermore, having common international limits helps to ensure that mariners know what is expected of them wherever they are, and enforcement when people are found to have exceeded those limits, national borders not being visibly marked at sea. The regulations also require the Secretary of State to review the impact of the amendments they make and publish a report of the review’s conclusions. This provision seeks to ensure the continued effectiveness of the alcohol limits set for professional mariners for the long term. Her Majesty’s Government are committed to maintaining safe navigation around these shores and, indeed, wherever ships registered in the UK may sail. These new limits on mariners’ consumption of alcohol are an example of how we are doing this in co-operation with our international partners. I commend these regulations to the Committee.

[Lord Rosser (Lab)]

Once again, I thank the Minister for his explanation of the purpose and objectives of this order, which again we support. Before the introduction of the International Convention for the Standards of Training, Certification and Watchkeeping for Seafarers in 1978, the training standards for seafarers were established by individual Governments, which almost inevitably meant widely differing standards between different countries. Since it came into force in 1984, the STCW convention has been subject to a number of revisions and this country has supported and implemented all of the previous amendments. The amendments agreed at the STCW Manila conference in 2010 further updated the convention and the code, and included, for the first time, putting mandatory limits on alcohol consumption, instead of an advisory one, for those on watch-keeping duty. These amendments came into force on 1 January 2012, with a five-year transitional period ending on 1 January 2017.

The STCW convention is incorporated into European law, and the new alcohol limits which are the subject of the order we are discussing are covered by a 2012 EU directive. This order changes the UK’s existing alcohol limits for professional mariners to match those now set by the STCW’s watch-keeping standards for fitness for duty by amending Section 81 of the Railways and Transport Safety Act 2003. As the Minister said, the levels are being changed to 25 micrograms of alcohol in 100 millilitres of breath and 50 milligrams of alcohol in 100 millilitres of blood as required by the STCW and EU directive, and to the commensurate figure of 67 milligrams of alcohol in 100 millilitres of urine for consistency.

The Explanatory Memorandum refers to the consultation exercise on the Manila amendments, including the ones covered by this order, and indicates that all the bodies consulted agreed that the alcohol limits for professional mariners should be amended to match those set by the Manila amendments. Why does it appear to have taken over 10 months to seek the approval of this House to an order with which, apparently, all those consulted agreed? The transposition note in respect of this order also states, in respect of Article 2 on transposition, that compliance with the EU directive was required by 4 July 2014. I am assuming that was not the deadline date for approving this order, but perhaps the Minister could say what it was we were required to do by 4 July 2014, and whether we met that date.

The Explanatory Memorandum states in paragraph 4.2 that the limits for alcohol prescribed in Section 81 of the Railways and Transport Safety Act 2003 apply to professional mariners only,

“as the provisions relating to non-professional mariners in Section 80 have not been commenced”.

Would the Minister confirm that the STCW convention and code, and the EU directive, apply only to professional mariners and not to non-professional mariners as well? Assuming that to be the case, why have the provisions relating to UK non-professional mariners in Section 80 of the 2003 Act not been commenced for a lengthy number of years? What are the current alcohol limits for non-professional mariners?

The regulations, which, I repeat, we support, deal with a safety issue. Indeed, some shipping companies take a much firmer view on what is an acceptable alcohol limit than those provided for in current or proposed legislation. I am not personally aware of how serious is the problem of breached alcohol limits by professional mariners in UK waters. If the Minister cannot say so immediately, I hope that he might provide some information on how many instances there have been over an appropriate 12-month period of UK professional mariners in UK waters or on UK-registered ships being in breach of the current statutory limits, and how many instances there have been of non-UK professional mariners being in breach of those limits in UK waters.

[Lord Ahmad of Wimbledon]

My Lords, I once again thank the noble Lord, Lord Rosser, for his support of the Government’s proposals and the regulations before us. He is right that this was decided upon by the 2010 Manila conference. For the first time it is being looked at from an international basis, which is very much the right way forward in ensuring that standards are maintained.

The noble Lord raised the issue of this taking 10 months. This was part of the wider effort to ensure we transposed all the Manila amendments. That has taken some time, even though this part was agreed to by the consultees, as the noble Lord mentioned.

On the 4 July deadline, all other parts of the Manila amendments were transposed by March 2015 in advance of the 4 July deadline. The passing of the regulations will ensure compliance in that respect.

The noble Lord raised the issue of non-professional mariners. Indeed, I raised that question myself in looking at the regulations. At the moment, it applies specifically to professional mariners. It is my understanding that the question of whether these rules should apply to non-professional mariners has been consulted upon. Part of the challenge posed during the consultation in the 2000s—I believe during the time that the noble Lord’s party were in government—was how this would be monitored and, more importantly, applied effectively. Nevertheless, as he rightly pointed out, it is an issue that has not been commenced. As far as the Government are concerned, it is an issue that we will continue to look at as we move forward with the new regulations on professional mariners. Nevertheless, he is right to raise that issue.

The noble Lord also spoke on the evidence of accidents relating to alcohol consumption. The Marine Accident Investigation Branch has identified 19 accidents where alcohol consumption played a significant part since 2009. One led to a fatality and two led to the complete loss of a ship. Many of the others presented a significant risk to human life and the marine environment, where it was fortunate that a worse outcome was avoided.

With those responses, and once again thanking the noble Lord for his support, I commend the regulations to the Committee.

[Lord Ahmad of Wimbledon]

As I said in my remarks to the noble Lord, Lord Rosser, this is an area which I myself raised, and I shall certainly take back his comments. As the noble Lord acknowledged, the challenge posed was that of enforcement. However, he is also right to point out that, whether one is a professional mariner or not, the damage that can be caused by alcohol consumption is very much the same as the impact that alcohol consumption can have on our roads. I note the noble Lord’s concerns in that respect.

[Lord Rosser]

I fully take the Minister’s point that the issue of non-professional mariners has been going on for some years, but do the STCW convention and the code apply only to professional mariners or do they apply to both?

UK Opt-in to the Proposed Council Decision on the Relocation of Migrants within the EU (EUC Report)

Lord Rosser Excerpts

Wednesday 22nd July 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I add my thanks to the European Union Committee and the members of the Home Affairs Sub-Committee, particularly the noble Baroness, Lady Prashar, for this report. I will direct my comments to the specific points made in the report and the conclusions set out in the last two paragraphs in respect of the Council decision that the committee retains under scrutiny.

The number of migrants and refugees attempting to reach Europe via the central Mediterranean Sea route has increased considerably, rising from 40,000 illegal border crossings in 2013 to more than 170,000 in 2014. On the eastern Mediterranean route through Turkey to the European Union via Greece, southern Bulgaria or Cyprus, there were just over 50,000 illegal border crossings last year. The EU border agency said in March this year that anywhere between 500,000 and 1 million people were waiting in Libya to cross the Mediterranean.

In response to this major unfolding and all too often tragic humanitarian disaster in the Mediterranean, the European Commission, as the report says, published a proposal just under two months ago for a mandatory emergency relocation scheme in respect of Syrian and Eritrean nationals who arrive in Italy and Greece seeking asylum. The scheme aims to relocate 40,000 people to other member states over the next two years. The EU Committee report notes:

“While the Commission has presented the current proposal as a temporary measure, it intends that it should be a precursor to a permanent and mandatory scheme”,

to be brought forward by the end of this year.

Under the proposal, responsibility for deciding the asylum claim would rest with the member state that accepts the relocated asylum seeker. Doing this would constitute a temporary and limited departure from the usual Dublin system for determining which state is responsible for processing an asylum claim, namely the member state through which the applicant entered the EU. Our opt-in arrangements mean that we decide on a case-by-case basis whether to participate in new EU legislative measures on asylum and immigration. In this instance, the three-month deadline for indicating that we wish to participate in its negotiation and adoption, if that be the case, falls on 27 August this year.

In an article in a national newspaper on 13 May, the Home Secretary said that the United Kingdom would not participate in mandatory relocation or resettlement schemes, since in the Government’s view the schemes would create “pull factors” for further migration, strengthen the incentives for people smugglers’ activities and reduce the incentives on individual member states to ensure effective asylum systems of their own. Indeed, these points were similar to those made by the coalition Government in October 2014 when they supported the ending of Italy’s search and rescue mission in the Mediterranean Sea.

A number of other member states have also expressed their opposition to the introduction of mandatory relocation quotas. The European Union Committee’s report refers to a lack of clarity in the light of the European Council meeting on 23 April this year and the conclusions following a Council discussion on the Commission’s proposal towards the end of last month. In its report, the committee says that it is,

“not in a position to express a view on the relative merits of a voluntary and a mandatory scheme, but we do not understand why the Commission, despite the clearly expressed view of the European Council, should have persisted in proposing a mandatory scheme, which it must have known was unlikely to be accepted by the Member States”.

The report also draws attention to the Government’s Explanatory Memorandum, in which they state their opposition to mandatory relocation and any form of relocation of asylum cases within the EU, and their conclusion that they are minded not to opt in to the proposal. However, as has been said, the committee’s report goes on to say that the Government’s Explanatory Memorandum,

“leaves open the possibility that this position may be reviewed before the deadline of 27 August”,

subject to three factors. These factors are that the proposal is amended to be a voluntary scheme, that there is consideration of how to implement an effective response to the situation in the Mediterranean, and that there is consideration of how the UK can contribute to a,

“response to migratory pressures on some Member States without opting in”.

No doubt the Minister will be updating us on whether the Government anticipate, or are, reviewing their position.

As the noble Baroness, Lady Prashar, said, the committee’s report sets out the reasons why it is not convinced by some of the Government’s objections to the proposed decision, before stating:

“The Government’s approach will do little to help the response to a humanitarian crisis within the EU’s borders”,

and that:

“The reputational risk of a continued failure to act, to individual Member States as well as to the EU as a whole, is great”.

The report concludes by saying that the committee believes that,

“it is in the United Kingdom’s interest to take part in the negotiation”,

of the proposed Council decision,

“and that, should an amended or a new proposal be brought forward giving effect to the European Council’s Conclusions in April and June 2015, the Government should reconsider its position and opt in”.

There is an obvious difficulty in expressing a view about specific proposals that, as I understand it, have not yet been made and conceivably may never be made. We have already said that we should decouple asylum from migration targets, since the considerations in determining our decisions on these two issues are—or should be—very different. We have already said that we would take more Syrian refugees. However, with respect to relocating those asylum seekers who have already entered the EU through Italy and Greece, the responsibility for processing their asylum claims should remain, as now, with the member states through which the applicants entered the EU and not with the member states, including the United Kingdom, that accept the relocated asylum seekers. Neither could we go along with a proposal that told us how many refugees we had to take, since that is a decision that should be made in this country, by this country.

The Prime Minister has announced a modest expansion of the UK’s resettlement programme, particularly for vulnerable Syrian refugees. I conclude by simply asking the Minister: on the basis of what criteria have decisions to date implementing that modest expansion been made? How modest has that expansion been? Are any changes in the criteria being considered?

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, on a topic of debate on which there have been a range of views and a degree of passion and contention on all sides, I think that there are some things on which we can express some agreement. First, the report—presented very ably by the noble Baroness, Lady Prashar, on behalf of the EU Home Affairs Sub-Committee—is an excellent piece of work. It is thorough and clear in its analysis and its recommendations. It is quite incredible that the committee has managed to produce this report and publish it on 15 July, despite the Commission producing the proposal only on 27 May. I also pay tribute to the business managers for arranging to squeeze the debate in before the House rises for Recess. I think we can agree on all of that.

The second point that we can all agree on is that, in the words of the noble Lord, Lord Tugendhat, this is a humanitarian crisis that impacts on the consciences of us all. As the noble Lord, Lord Jay, mentioned, this is a crisis on a scale that we have not seen in the post-war world. It therefore demands a response. Many noble Lords—the noble Lords, Lord Tugendhat and Lord Cormack, and the noble Baroness, Lady Prashar, in particular—reminded us of our proud tradition in this country of providing protection for those persecuted around the world. The noble Lord, Lord Cormack, talked about the Ugandan Asians. The noble Earl, Lord Sandwich, talked about the Vietnamese boat people, as he referred to them, and to the Kindertransport. I remember my own experience growing up in the town of Gateshead, which may not seem very remarkable to many Members of this House, but it is home to one of the largest and most significant Orthodox Jewish communities in the world and has one of its leading universities, the Talmudical College. The people of Gateshead and Tyneside provided hospitality to people who came there fleeing the Nazi regime in Europe. I say this as someone who had the privilege of growing up there: they enriched our community and still do.

Since the crisis unfolded, the Government have been clear that relocating migrants within Europe is the wrong response. It does nothing more than move the problem about Europe and does absolutely nothing to address the underlying cause of people getting on the boats. It risks undermining control of our own borders and asylum system. The Government have no plans to opt into any relocation scheme, whether voluntary or mandatory.

We have been very clear that the time and attention that has been committed within the EU to negotiating the measure would have been far better spent on implementing long-term and sustainable solutions to the crisis, on tackling the abuse of the asylum system and on building capacity in those member states under pressure. The Government’s view is that real solidarity with other European countries is best expressed through practical co-operation to build capability in the asylum and migration systems of member states struggling to deal with the migratory flows.

The UK will continue to provide concrete support via the European Asylum Support Office to countries such as Greece—which the noble Baroness, Lady Ludford, referred to—Italy and Bulgaria. In the last three years, the UK has contributed more resources to the EASO than any other member state, totalling over 1,000 expert working days to missions in Greece, Italy, Bulgaria and Cyprus. Two UK asylum experts have just returned from EASO-led deployments to Italy, and one has just returned from Rome after a three-month deployment. The UK has made bilateral contributions to a number of countries, including Greece, for example by funding voluntary returns—where £2 million has been spent over the past two years from 2013 to 2015—and asylum programmes, where £600,000 has been spent over the past three years. We are happy to consider further requests for bilateral assistance where that can augment EU-level action.

The extraordinary Justice and Home Affairs Council on Monday reached political agreement on the amended relocation and resettlement measure. We have not opted into this measure, so did not support it. The Council also reached conclusions on resettlement, although of course there was no formal legislative proposal to discuss there. As the noble Lord, Lord Rosser, said from Her Majesty’s Opposition’s perspective, we have been clear that our contribution to resettlement efforts will continue under national schemes and not under the EU arrangement. I will come back to the noble Earl’s questions on the existing schemes, such as the Gateway, Mandate and Syrian vulnerable persons relocation schemes, a little latter, but we estimate we will contribute through those schemes by resettling 2,200 people over the next two years. That is not a target, but a projection based on current activity. I am glad that the EU is now moving beyond this debate and am hopeful that the focus of our efforts can now move firmly to action where it matters: on tackling the causes of illegal migration and the organised trafficking gangs behind it, and on increasing support and protection in the region for all those who need it.

We are establishing a dedicated law enforcement team to tackle the threat posed by illegal immigration from north Africa. The 90-strong team will bring together officers from the National Crime Agency, Border Force, Immigration Enforcement and the Crown Prosecution Service, with the task of relentlessly pursuing and disrupting organised crime groups profiting from the people-smuggling trade. The noble Lord, Lord Jay, was right to talk about the way in which these desperate, incredibly vulnerable people are exploited.

As the noble Earl, Lord Sandwich, mentioned, we are leading the way. We are proud of leading the world in tackling modern slavery with the legislation that we passed earlier this year. We see the establishment of the task force as being consistent with that aim. Tackling this issue in the long term can be done only with a comprehensive solution. That means helping the countries these people come from to reduce the push factors, which my noble friend Lord Ribeiro referred to, to build stability, to create livelihoods and to go after the criminal gangs. With a handful of staff based in Europol cells in Sicily and The Hague, and the rest on standby in the UK to deploy to different areas in the region as required, the task force will exploit every opportunity at source, in transit countries and in Europe, to smash the gangs and criminal operations.

However, we also need a Government in Libya that we can work with to address this problem, as the majority of people travel through that country. As the Prime Minister has repeatedly said, we need to break the link between embarking in unseaworthy boats from north Africa and entering and remaining in the EU illegally. My noble friend Lord Hodgson referred to the example he was given by FRONTEX of the experience in Malta. This form of illegal migration funds organised crime and undermines fair immigration controls by allowing economic migrants unfair and uncontrolled access to our countries. That is not to say that they are all economic migrants—there are incredibly large numbers of vulnerable people. They are a proportion of those coming through the central Mediterranean route, but in the eastern Mediterranean route people are primarily coming from the war-torn areas of Iraq, Afghanistan and Syria.

Wherever possible, we should return the boats immediately from whence they came. If we cannot do that, we must ensure that when they arrive on EU shores we stop, fingerprint and screen migrants to control their movement and distinguish between genuine refugees and economic migrants. In particular, we support the idea of establishing hot spots at pressure points along the external border to ensure proper licensing, processing and fingerprinting of arriving migrants. We must ensure that they cannot travel further than their point of arrival and must return them without delay to their country of origin. That means investing real effort in infrastructure and expertise at the most exposed borders. However, it also requires the determination to make it happen, not least from those countries most affected. The scale of the present situation requires even more ambitious thinking and we need greater ambition and momentum on initiatives such as the Khartoum process.

My noble friend Lord Ribeiro asked specifically how we were moving forward with this. There will be a very important summit later this year in Malta—the Valletta summit. As a positive development, this will involve working jointly with African partners. As my noble friend suggested, it is important that we can demonstrate real progress in tackling the migration challenge beyond political announcements. The Valletta summit must help to drive concrete action on the upstream elements of the EU agenda, delivering a comprehensive plan for action. That plan should include increased ambition under current EU partnerships such as the Khartoum and Rabat processes. However, it must also encompass broader initiatives to disrupt people smugglers and traffickers, and efforts to dissuade migrants from attempting the Mediterranean crossing and to address root causes through the development of humanitarian programmes.

The noble Lord, Lord Jay, asked me to confirm that DfID would be involved in that, and it is absolutely a key partner. One thing that the noble Lord will understand better than most is the importance of getting different departments involved in this process—be it the Foreign Office, DfID, the MoD or the Home Office—working very closely together. One of the responses to the debate held on 9 July was to say that there should be a cross-ministerial meeting between Ministers in this House to address the concerns that your Lordships have expressed on many occasions, not only in Oral Questions but in debates and in this report, and I am pleased to say that that will take place on 14 October.

The UK will be providing support to all three regional development and protection programmes. There our focus must be on building stability and creating livelihoods. Noble Lords will also be aware that the UK has been at the forefront of the international response to the humanitarian crisis in Syria. We have pledged £900 million, making us the second-largest donor bilaterally and our support has reached hundreds of thousands of people across the region. Since the crisis began, we have granted asylum to over 4,200 Syrian nationals, and only last month the Prime Minister announced that we would be expanding that programme.

On that point, it is worth reflecting on the letter sent by James Brokenshire, my colleague in the Home Office in charge of immigration, who I know gave evidence to the Committee and then followed up, I think also quite promptly, with written explanations of points raised there. He made the point that, when we talk about where this country stands internationally in terms of responding to this crisis, as my noble friend Lord Hodgson pointed out, despite immense fiscal pressures at the present time, we have ring-fenced and protected our overseas development aid programme at 0.7%—in fact, 0.71%—of GNI. This compares to 0.41% and 0.36% of German and French GNI respectively. In absolute terms, while Germany spent £9.97 billion and France £6.3 billion, the UK contribution was £11.77 billion. That underscores the commitment that we have to protecting the most vulnerable in our society.

I was asked by the noble Baroness, Lady Ludford, and my noble friend Lord Cormack to say more about the FRONTEX operation and fingerprinting. Some of the front-line member states fingerprint very few migrants arriving on their shores, contrary to what the Dublin regulations say should happen. As an example of the practical co-operation that is taking place, we have offered to provide support for that for member states.

The noble Baroness, Lady Prashar, asked a number of key questions, which I want to address as I draw my remarks to a close. She asked, further to the Justice and Home Affairs Council resolution of 20 July, whether there would be EU legislation establishing a relocation scheme. After much discussion on the proposal for a council decision establishing the relocation mechanism for Italy and Greece at the extraordinary Justice and Home Affairs Council this week, the council reached political agreement on the latest text. The negotiations have been difficult, and formal adoption cannot take place until the European Parliament consultation process has taken place. We expect this to be completed in September, and we therefore expect the legislation establishing the scheme some time in the autumn.

The noble Baroness asked what form such legislation would take and on what legal basis it will be adopted. As outlined in the Government’s Explanatory Memorandum of 9 June, the proposed legal basis is Article 78(3) of the Treaty on the Functioning of the European Union. She also asked what relation this legislation would have to the European Commission’s original proposed Council decision on the relocation of migrants. We will deposit the text agreed by the Council on Monday; the legislation is broadly in line with the Commission’s proposal of 27 May, with the exception that the numbers of migrants that each participating member state will take is set out in the separate resolution agreed by the member states in the Council on Monday, and is not determined through the mandatory allocation scheme originally proposed by the Commission.

Several noble Lords asked about the ongoing operations by the Royal Navy. We are proud of what HMS “Bulwark” and HMS “Enterprise” have done, as well as the two cutters that are with them, which, with helicopter support, will continue in support of our humanitarian operation in the Mediterranean.

I was asked about absolute numbers in terms of Gateway, Mandate and the Syrian Vulnerable Persons Relocation Scheme by the noble Earl, Lord Sandwich. Under Gateway, 6,300 cases have been resettled over the past 10 years, at 750 refugees per year. Mandate has operated since 1995. The Gateway scheme sources the annual 750 quota for refugees from a small number of targeted locations; Mandate is designed to resettle individual refugees from anywhere in the world. The Syrian Vulnerable Persons Relocation Scheme, launched in January 2014, has taken 187 people to date, but I stress that that needs to be seen in the context of 4,200 who have been given leave to remain in the UK.

I hope that in these remarks I have been able to demonstrate that the Government are not insensitive to the immense humanitarian crisis that we are seeing around the world and to which the right reverend Prelate the Bishop of Peterborough was right to draw our attention. We are not insensitive to that, but we are simply at a point of disagreement over the actual means of dealing with it, preferring to take the argument much further upstream to prevent the flows, systems, schemes and criminal gangs, which cause people to get on these boats to embark on this perilous journey. That commitment will continue as we go forward.

[Lord Rosser]

The Minister mentioned a figure of 187 being accepted. Can he say what criteria are being used to lead to a situation of just 187 being accepted?

[Lord Bates]

I am happy to write with the details of the specific criteria. I would stress that, whereas we agreed through the UNHCR a set of terms for the scheme that we would operate and the ways in which they refer to us, that is in addition to the far larger number of 4,200 asylum seekers from Syria to whom we have granted leave to remain in this country.

With those remarks, I thank the committee for its work and I particularly thank the noble Baroness for the way in which she has presented it. I hope that I might have offered some comfort that we have taken seriously the points which she raised and I hope that she may feel able to withdraw her Motion.

Asylum: Sexual Orientation

Lord Rosser Excerpts

Monday 20th July 2015 Lords Chamber

[Lord Bates]

A review is going on into the very serious accusations that were made. It has been part of the Stephen Shaw review, which will report shortly. We take those accusations very seriously, and new guidelines are being prepared to ensure that such things do not happen again.

[Lord Rosser (Lab)]

Bearing in mind that the chief inspector made a number of critical observations in his report, including on training, inconsistency of approach, the recording of information and the stereotyping of applicants—as well as the very differing appeal rates for detained fast-track sexual orientation decisions compared with detained fast-track asylum claims as a whole—when is a further independent investigation going to be carried out to check whether the required improvements in dealing with claims made on the basis of sexual orientation have actually been made, as opposed to the Home Office saying that they have, and are actually being delivered?

[Lord Bates]

We have to be very careful that we do not have overlapping investigations. A serious piece of work was done following some very serious accusations by the Independent Chief Inspector of Borders and Immigration last year, and we have undertaken to implement all the recommendations. In addition, as I mentioned to the noble Lord, Lord Scriven, a further action plan is being discussed with non-governmental organisations. We should allow those to go forward and ensure that the independent chief inspector continues to do his job in monitoring how his recommendations are implemented.

Psychoactive Substances Bill [HL]

Lord Rosser Excerpts

Monday 20th July 2015 Lords Chamber

[Lord Bates]

My Lords, I beg to move.

[Lord Rosser (Lab)]

I take this opportunity to thank the Minister for his courtesy and thoroughness in responding to points raised and amendments tabled by noble Lords during our considerations of the Bill, including when the response has been made subsequently in writing. Although reservations about the likely effectiveness of the Bill have been expressed by some noble Lords during our deliberations, I am sure we all hope that, when the Bill is finally passed, it will make a favourable impact on the very real problem that it is intended to help address.

[Lord Paddick (LD)]

My Lords, I, too, thank the Minister for the way that he has conducted proceedings on the Bill. We have had disagreements over how effective we think that this legislation will be, but, as the Minister said, we share the aim of reducing harm. We hope that, with the assistance of the Advisory Council on the Misuse of Drugs, the Bill will be further improved in the other place so that the harmful effects that could possibly arise from it are at least lessened.

Surveillance Legislation

Lord Rosser Excerpts

Thursday 16th July 2015 Lords Chamber

[Lord Bates]

It is a major part of the consideration. I think that we were very interested to hear the noble Baroness, Lady Manningham-Buller, who talked about the level of scrutiny that was there and the support for the Home Secretary who takes the decision. We recognise that, ultimately, they are the ones with the responsibility, and they are the ones who should therefore have the authority.

[Lord Rosser (Lab)]

In the debate last week on investigatory powers, the Minister said that the Government would come forward with a draft Bill after the pending Recess which would then be subject to pre-legislative scrutiny. The Minister then said that he hoped or thought that,

“the period of time for pre-legislative scrutiny might be shortened, and that the period of time for scrutiny through the House might be quicker than it otherwise would have been had it not been for all the evidence, reports and consideration”—[Official Report, 8/7/15; cols. 235-36]—

now in the public domain. I am sure that that is a perfectly reasonable hope or expectation to have, but can the Minister confirm that there will not be any government pressure to go further than that by seeking to curtail either the pre-legislative scrutiny process or the period of time for scrutiny of the proposed legislation by Parliament?

[Lord Bates]

That is a fair point. We have been around this track several times before. The Joint Committee chaired by my noble friend Lord Blencathra looked at the communications data Bill and did a very thorough piece of work. We then had the Intelligence and Security Committee report and the Anderson review, which took more than a year to complete. We then had the RUSI review. People are coming together towards a consensus, which should mean that the passage of the Bill, as a result of the diligent work that has gone on before, should be smoother and quicker and therefore we can get the powers to the security agencies that they need to keep us safe.