Immigration Bill

Lord Teverson Excerpts

Tuesday 9th February 2016 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, we are now on to Part 6 of the Bill on border security. This is the first of a number of amendments on that. I welcome government Amendment 239C, which recognises that border security is not only about maritime security; we have a land border in Northern Ireland. Many years ago when I was at Chatham House and dealing with the beginnings of European co-operation in police, I kept coming across policemen, as well as Conservatives, who said, “But we’re different. We only have a maritime border”. They should go to Dublin and try to explain that. The delicacy of the border between Northern Ireland and southern Ireland is very considerable and would be very sharply affected if we were to leave the European Union. It is very good to see the government amendment.

My initial interest in this area came from looking at the Channel Islands as a very odd, semi-British dependency. I noted that the owners of the Daily Telegraph—a newspaper that bangs on about border security and the defence of British sovereignty—have a company that owns at least one helicopter, which advertises that it flies between Brecqhou and Monaco. Since the Channel Islands’ authorities rarely, if ever, send a policeman to Brecqhou, let alone a border security officer, I assume that this is a means of entirely avoiding border security. I mark that as one of the many oddities of the way the debate on sovereignty and border security in this country takes place.

Thinking more widely on this, we can see that it is clearly a serious loophole. I am one of those people who occasionally looks at the Financial Times weekend supplement, How to Spend It, just to see how people who earn £3 million a year or more get through it. The editor of the Daily Mail, another newspaper that bangs on about sovereignty and border security, is supposed to earn £3 million a year, so now doubt he thinks about spending his money on things such as that. There are advertisements in How to Spend It for yachts with their own helicopters, so you can fly directly from your yacht in the Mediterranean to your helipad on your estate in Surrey—or, for that matter, the helipad close to us in Yorkshire, where you can get straight on to the grass moors, if you like, again without passing through border controls.

As the super-rich extend their ability to fly in light aircraft and helicopters across national boundaries, there is a growing problem that needs attention. When I first came into government I was briefly spokesman for that aspect of the Home Office that dealt with counterterrorism and border control. I spent a very interesting day with the West Yorkshire Police and the combined Yorkshire serious crime squad, learning about how they work. One of the things I remember most strongly from that was that there is no domestic serious crime. All serious crime involves criminal networks; all important criminal networks are cross-border.

The idea that we do not need to be too careful about helipads at luxury hotels, golf courses or estates in Surrey because the people who go there are rich and therefore law-abiding is not necessarily accurate. Some of them may be rich and not entirely law abiding. Some of the richest people in this country are Russian oligarchs. They may, or may not, be law abiding in this country, but the origins of their wealth may not have been entirely according to British legal standards. Others are from Gulf royal families. Most of them are entirely honourable people, but occasional ones claim diplomatic immunity because they represent St Lucia on the International Maritime Organisation or whatever. There are, therefore, occasions when they may not be entirely in accordance with British law. We have no idea who they may bring in and out of Britain in their private aircraft or helicopters. They may even be bringing domestic workers without visas to work for them here under conditions which we regard as illegal and against the Modern Slavery Act.

I raise this question as there is a major loophole in border security and incursion into British sovereignty. I hope the Government will provide a sign that they are aware of the seriousness of this loophole, which is growing as air traffic from private aircraft and helicopters grows, that they are doing something about it and that they will close the loophole. I beg to move.

[Lord Teverson (LD)]

My Lords, I shall speak to Amendment 241A in my name. At the end of the debate at Second Reading, the noble Lord, Lord Bates, responded extensively to a wide range of questions and comments. One of them, brought up by me and a number of other noble Lords, was about the fact that we have so little information in this area. In his response, the Minister read off a whole lot of evidence and research that the Government had possession of. I was unsatisfied by that, because most of the information did not help to determine an evidence-based policy towards migration, particularly the illegal migrants who are in the country. I therefore set myself a challenge: if I was making a decision, as a Minister, on the basis of evidence, what would I want to know? If, in my business life, I was looking at market research, what would I try to determine? I then asked myself if it was possible to determine them, because that is clearly the second stage of this. I have put in the amendment the sort of information that I would want to know if I was a Minister or Secretary of State making decisions about how I approached this subject. Illegal migrants in the country are clearly a problem: no one denies that. If they are here illegally they should not be here, and we should be able to take action. I have a list of eight or 10 things that I would want to see. I will be interested in the Minister’s response in terms of actually finding those things out. Are they, indeed, the sort of things they should know?

The second question is: is it possible to know about and explore something that is an illegal activity? There have been studies of the number of illegal migrants in the UK but I understand that the last major one—maybe by the LSE—was in 2009. It estimated that there were somewhere between 400,000 and 800,000 in the UK. There is quite a large margin of error between the minimum and maximum numbers in that estimate. Is it possible to measure illegal activities? I expect that noble Lords are aware that in May 2014 the Office for National Statistics started to include in GDP figures the amount of GDP generated by illegal drugs and prostitution. Prostitution is not strictly illegal, but in terms of how it is carried out it is broadly seen as an illegal activity and therefore had not been brought into GDP before. The total GDP for those two activities was about £12 billion; more or less 50%, or £6 billion, related to illegal drugs, and approximately the same figure related to prostitution. It is therefore possible to estimate those types of figures with a reasonable standard error, if not with certainty.

The techniques that have been used to measure illegal migration are the Delphi method, the capture-recapture method and the residual method, which has been used to make these estimates in the United States. I am not for a minute saying that this is an easy or totally accurate exercise, but for decisions around such important areas as this, which we all want to solve, we should spend a little more resource and time moving away from rhetoric and into understanding what is going on. By doing so, we might have a lot better decisions about migration management, and there might be legislation that we can all agree on, rather than taking rather normative views.

[Lord Marlesford (Con)]

My Lords, I strongly support the amendment moved by the noble Lord, Lord Wallace of Saltaire. In fact, I am amazed to hear that this loophole exists. We are now under considerable threat from terrorism. I agree with the noble Lord, Lord Wallace of Saltaire, that people of wealth are not necessarily any less likely to be objects of suspicion than others, but he rather implied that only people of wealth would have access to these means of arriving in Britain. That is simply not true. Let us get away from the idea that terrorism needs a lot of money. Noble Lords will remember that the post mortem on 9/11 worked out that the total cost of doing the whole of 9/11 was lightly less than $250,000. The idea that money is any constraint on people who wish to get into this country by a means that does not involve a check is not valid. I have been arguing for years in your Lordships’ House that there should be proper entry and exit checks. We have been immensely dilatory about them. It is very late in the day because now we are under real threat and it is essential that the Government give a positive answer to this.

The details are very easy to work out. The law states that anybody landing has to land somewhere where there is a place to check them and, if that adds to the cost, so be it. If it is an emergency landing of some sort, they have to signal it, which they would have to do anyway—and all aircraft have radios—and would be required to remain there until the police were alerted and went to meet the aircraft. It is an essential matter to stop this loophole, and I hope the Government will immediately say that they will draft the necessary regulations to support the implementation of the noble Lord’s amendment.