Visas: European Union Students

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 4th November 2019 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, the Minister will be aware that we have something in the region of 110,000 Chinese students at our universities. In some universities, they take up almost 50% of the places on courses such as those on artificial intelligence, stealth technology and quantum mechanics. Is she concerned that we are not clear about, or aware of, exactly where some of these students have come from? For example, postgraduates are paying £50,000 to do the courses. There are therefore risks of technology being sucked away from this country.

[Baroness Williams of Trafford]

My Lords, we have to recognise the value of research carried out by our world-leading UK universities. They are autonomous institutions; they are responsible for protecting their research and ensuring that their international student recruitment follows sustainable patterns. To help support the sector, the Government recently created Trusted Research, which is a body of information providing bespoke advice for universities to protect their research.

Counterterrorism: Martyn’s Law

Debate between Lord West of Spithead and Baroness Williams of Trafford

Tuesday 22nd October 2019 Lords Chamber

[Baroness Williams of Trafford]

In a retrospective way, CCTV can lead to the capturing of criminals and terrorists and could be a deterrent for people engaging in criminal activity at a venue. Live facial recognition, which I know is a controversial subject, could help police in live time to catch people who are on a watch list.

[Lord West of Spithead (Lab)]

My Lords, in 2009, we produced a policy document on security in crowded places which made a lot of use of the National Counter Terrorism Security Office, advising venues on exactly what measures should be taken and laying a certain responsibility on them. Do I take it from what I have heard that that work has not been progressed? I understand that the number of security officers has been reduced, but is there now no responsibility at all on people to implement measures advised by those security officers?

[Baroness Williams of Trafford]

I understand that that is not the case: not only is free advice provided to owners and operators of crowded places on how to protect against and prepare for terrorist attacks but, in the light of attacks, refreshed specialist protective security advice has also been issued. I do not think that that has stopped at all, but I will double check for the noble Lord.

Visas

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 21st October 2019 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, talking of musicians, the Minister will be aware that, 214 years ago today, musicians were playing on the decks of the battleships of the British fleet as it bore down on the Franco-Spanish fleet. Will the Minister pass the regards of the House to the Royal Navy, who still protect the freedom of the seas for our nation, on this very special day for the naval service?

[Baroness Williams of Trafford]

I shall do that with gusto. Every time the noble Lord asks me a question, I am educated.

Brexit: Border Controls

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 19th June 2019 Lords Chamber

[Baroness Williams of Trafford]

I hope the noble Lord will be pleased to know that we have recruited, and are in the process of training and bringing up to speed, 900 Border Force officers. In addition to that, we are preparing for the summer and EU exit. He will also know that, in respect of e-passport gates, we have expanded eligibility to include the B5J plus Singapore and South Korea, increasing e-passport gate capability, which should make travel through the border a lot more streamlined.

[Lord West of Spithead (Lab)]

My Lords, 169 illegal immigrants were picked up in the channel over the last week, more than there have been for a considerable time. We do not know how many might have got ashore whom we do not know about; we know that our minor ports up the east coast and around the channel are not properly monitored or covered by shipping assets or drones. Clearly, the system is not working: we do not have a waterproof system to stop people getting into this country. Will the Minister tell us whether we are increasing assets? It is all very well having good intelligence and deals with the French, but we need assets to be able to stop, monitor and cover these areas.

[Baroness Williams of Trafford]

The noble Lord is absolutely right. I talked about my right honourable friend the Home Secretary signing the joint action plan with his French counterpart, Monsieur Castaner. The plan that they agreed built on the existing border security partnership by setting out more than £6 million-worth of investment for new security equipment as well as the intelligence that he talked about and CCTV coverage of ports. On the small ports, we have enhanced our field intelligence and our search capability.

Illegal Seaborne Migration

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 5th June 2019 Lords Chamber

[Baroness Williams of Trafford]

The noble Viscount is straying into territory that is perhaps not in my purview; however, I am not seeking to evade the question other than to say that I recognise the point he makes and it is clear that a lot of arrivals in the country at the moment are Iranians.

[Lord West of Spithead (Lab)]

My Lords, I feel sympathy for the Minister because it is quite clear that our system is not working. We declared an emergency about this situation last year and it has not got any better; if anything, it has actually got worse. Clearly, we have to work closely with the French, but we should have enough ships and assets ourselves to ensure that we can tighten up the Channel—I would call it the English Channel rather than the short straits; I do not recognise the term used in the Question. It is clear that we need to stop these boats when they set off from the French coast. We are allowed to operate our ships, drones and other things there. We can do that and stop them before they get across. Clearly, they think that they can get away with it, otherwise they would not keep coming. They keep coming and putting themselves at risk because the system is not working.

[Baroness Williams of Trafford]

The noble Lord will recollect what I said to his noble friend Lord Kennedy about the bilateral effort we are making with the French. He is absolutely right that people should be stopped before they get into a boat—in fact, stopped upstream even before that—because they are making such dangerous journeys. It is not only the ships; intelligence, surveillance and sharing of information through the CCIC is very helpful in this. He is right, it is a pressure and we have to deal with it.

Children: Covert Human Intelligence Sources

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 18th March 2019 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, does the Minister agree that the Investigatory Powers Act has been the most amazingly successful piece of legislation? It has enabled us, for example, to identify the growth in right-wing extremism, into which the agencies have put a great deal of effort recently. We should be pleased that it went through this House and the other House and is now on the statute book.

[Baroness Williams of Trafford]

The noble Lord is right, especially given the events of the past few weeks,

Returning Jihadists: Treason Act

Debate between Lord West of Spithead and Baroness Williams of Trafford

Thursday 21st February 2019 Lords Chamber

[Baroness Williams of Trafford]

I totally agree with the noble Lord that anyone committing atrocities such as the Manchester attack—I was in Manchester at that time—should not escape justice. I commend the Policy Exchange paper, and I think that the noble Lord would agree that the Home Secretary has said that he will review all the laws we have at hand. However, if the noble Lord looks at the recent counterterrorism Bill which has now become an Act, I am sure that he will agree that the new powers available in that Act might in the future prevent some of the terrible things that we have seen in recent months. On a regional tribunal, I am not sure how practicable that would be given the situation in some parts of the region.

[Lord West of Spithead (Lab)]

My Lords, I share the view of the noble Lord, Lord Alton. I do not believe that this would glamorise the loathsome things that have been done by these people and I think that it is appropriate that as a nation we show how repugnant and appalling this sort of behaviour is. When I was a Minister, at times it was very difficult to get into court people who should have been tried. This seems to be a way that it could be done. Might it not be easier to update the treason law and show these people to be traitors, which is something that our nation really believes they are?

[Baroness Williams of Trafford]

My Lords, I hope the noble Lord agrees that the recent legislation has given more powers to the courts to prosecute. I am pleased that the noble Lord supported that Bill through its passage. I agree that the Treason Act 1351 is rather old. It was updated relatively recently—in 1861, I think—but whether a prosecution is justified in individual cases, and whether treason is the appropriate charge, will be a matter for the courts. I am not dismissing it. The Home Secretary has said that he will consider the matter—we keep all laws under review—but whether that charge is brought will be a matter for the courts.

Migrant Crossings: Naval Assets

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 6th February 2019 Lords Chamber

[Lord West of Spithead]

To ask Her Majesty’s Government what has been the total cost charged by the Ministry of Defence to the Home Office for the use of HMS Mersey and naval assets in the Channel since 1 January.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the deployment of the Royal Navy vessel is an interim measure while the two Border Force cutters currently redeployed from overseas make their way back to UK waters. To date, this has cost £700,000. The deployment is funded by the Home Office and will be kept under constant review.

[Lord West of Spithead (Lab)]

I thank the Minister for her Answer. This operation has been a complete and utter shambles. That is a real worry because, as we move towards Brexit, the need to patrol our territorial seas and enforce our laws both there and in our exclusive economic zone is going to become greater. Who on earth is co-ordinating this? In the Navy we have a nice tradition where occasionally we shoot a senior officer to encourage the others. This might be a perfect candidate for the case. We have in place a joint maritime operations centre, which has all the departments there. Why can we not fully fund it and put a person in charge—a naval officer or whoever, I do not care—who can co-ordinate our shortage of assets to do the things we need to do? This is only going to cost a couple of million, which is not that much in the big order of things.

[Baroness Williams of Trafford]

The noble Lord is absolutely right to point out that as we approach Brexit we should be mindful of some of the events that might happen around it. We will shortly have a director in post at JMOCC, which I hope gives him some comfort. The nature of a crisis would determine the co-ordination response.

Westminster: Security

Debate between Lord West of Spithead and Baroness Williams of Trafford

Tuesday 5th February 2019 Lords Chamber

[Baroness Williams of Trafford]

My noble friend will appreciate that the physical intervention in a specific place is based on both the threat and protection of the public. The measures—known as hostile vehicle mitigation measures—were put in place after the terrorist attack in London. It cannot be forgotten that the public need to be protected, even if they might undergo some temporary inconvenience. The hostile vehicle mitigation measures are temporary although they will stay until permanent solutions, which are being looked at, are in place.

[Lord West of Spithead (Lab)]

My Lords, has there been a security assessment of the full implications of the new Holocaust museum, particularly its learning centre, which will occupy the bulk of the Victoria Tower Gardens site? If there has, what does it mean for additional policing and congestion in the region?

[Baroness Williams of Trafford]

The noble Lord raises an important point in the light of the various anti-Semitic incidents that have taken place recently. Ministers have agreed to fund security measures on an exceptional basis, as part of the Westminster ceremonial streetscape project. I am not entirely certain whether that project extends down to the Victoria Tower Gardens, but I shall find out for him. However, it is important that such places are fully protected. Assessments of the threat in and around Westminster are of course carried out every day.

Homophobic Hate Crime

Debate between Lord West of Spithead and Baroness Williams of Trafford

Tuesday 22nd January 2019 Lords Chamber

[Baroness Williams of Trafford]

I think I did.

[Lord West of Spithead (Lab)]

My Lords, is it a crime or a misdemeanour not to wear a tie on the Floor of the House?

[Baroness Williams of Trafford]

It is up to the House to decide.

Brexit: Proposed UK–EU Security Treaty (European Union Committee Report)

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 16th January 2019 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, as many noble Lords have alluded to this evening, a week is a long time in politics—and it is only Wednesday. As the noble Lord, Lord Jay, rightly pointed out, we are the calm and thoughtful end of Parliament, and the debate has absolutely reflected that this evening. I am grateful to all those who have spoken. I also take the opportunity to thank the EU Home Affairs Sub-Committee for producing this very good report, Brexit: the Proposed UK-EU Security Treaty. I am grateful for the variety of comments that were made and I echo the point made by the noble Lords, Lord Browne of Ladyton and Lord Kennedy of Southwark: we do not debate this topic nearly enough. It is the most important aspect of our exit from the EU and I totally agree with the noble Lords on that point.

The noble Lords, Lord West and Lord Kennedy, and the noble Baroness, Lady Massey, commented on the fantastic arrangements we have in our co-operation with the EU. I would go further and say that we have led the way in many of the arrangements that we now have. They are absolutely right to be concerned about what that change will mean. It is, in my job, the biggest concern that I have. It is our duty to deliver on the instruction from the British people to leave the European Union, and the best way to do that is obviously with a good deal.

One thing that we should note at the outset is that we are in the happy position of having a good degree of consensus across the political parties and across the two Houses, if not about anything else at least as to what we are looking to achieve from any exit deal from the EU. We all want to protect the operational capabilities that help the police, law enforcement and prosecutors to do their job of protecting the public and bringing criminals to justice. We believe that the UK and the EU have a mutual interest in that outcome. The noble Lord, Lord Kennedy, talked about the Costa del Crime and clearly there is a mutual interest there, given the number of UK nationals who found—and indeed find—themselves there. We also have a good degree of consensus around what the most important operational capabilities are.

Notwithstanding the week’s events, the report of the noble Lord’s committee stands the test of time—I agree with his point on that—and it raises issues that we will inevitably have to answer as part of our exit. The Government of course agree with the committee’s observation that protecting the safety of millions of UK and EU citizens must be the overriding objective. The committee has highlighted the importance of current security, law enforcement and criminal justice co-operation between the UK and the EU. We recognise that, and have said explicitly that the shared tools, measures and capabilities that have been developed over the last 40 years have been proven to save lives. While we accept that our relationship will change as a result of leaving the EU, the firm view of this Government is that working together through different structures should not be at the expense of protecting the public.

On the question of security co-operation during the implementation period, should we enter an implementation or transition period as provided for in the withdrawal agreement, the UK would continue to participate in the existing EU justice and home affairs tools and would also be able to choose to take part in any measures amending or updating them. The UK would no longer be an EU member state during the implementation period, as the noble Lord, Lord Jay, said. In response to one of the points made by the committee, we absolutely do not underestimate the impact of leaving the EU on the UK’s role in EU institutions. Of course we recognise that relinquishing our membership will carry consequences. However, as set out in the withdrawal agreement, common rules would remain in place and representatives or experts from the UK would continue to participate in the meetings of EU agencies and bodies such as Europol, where the presence of the UK is necessary and in the interest of the Union, or where the discussion concerns Acts addressed to the UK and its citizens.

In the political declaration that was published alongside the withdrawal agreement, the UK reached a deal with the EU that would deliver the broadest and most comprehensive security relationship that the EU has ever had with another country. That would include a framework for our future internal security co-operation. All the operational capabilities on which we would wish to co-operate with the EU in future are within scope of that framework. The future relationship envisaged in the framework would enable us to continue to work closely together on law enforcement and criminal justice; keep people safe in the UK, across Europe and around the world by exchanging information on criminals and tackling terrorism, as noble Lords have said; ensure that we can investigate and prosecute those suspected of serious crime and terrorism; support international efforts to prevent money laundering and counterterrorist financing; and allow us to work together to combat new and evolving threats such as cybercrime.

The text agreed by the UK and the EU also references specific capabilities that we had already agreed should form part of that future relationship, including: the exchange of passenger name records so that we can continue disrupting criminal networks involved in terrorism, serious crime and modern slavery; the exchange of DNA, fingerprint and vehicle registration data, ensuring that law enforcement agencies can quickly investigate and prosecute criminals and terrorists; fast-track extradition to bring criminals to justice quickly wherever they have committed a crime; and continued co-operation with Europol and Eurojust. There is also a commitment to examine further areas of co-operation such as the exchange of information on missing and wanted persons and objects and on criminal records.

Overall, the text of the political declaration reflects a shared commitment on the part of the UK and the EU to a high level of future co-operation in relation to internal security. It is a positive first step that we must build on during the next phase of negotiations, turning those commitments into detailed legal text. When it comes to what that detailed legal text should look like, the noble Lord’s committee took the view with regard to the form of our future agreement that the Government needed to show realism about what could be achieved in the timescale available—and he made that point this evening. The committee concluded that time is short, and that it would be preferable for the Government to seek a number of ad hoc security agreements rather than a single, comprehensive one. In their response, as he knows, the Government disagreed with that conclusion.

In our view, the capabilities developed by the EU and its member states are mutually reinforcing, from the initial stages of identification and investigation of a suspect through to arrest, prosecution and prisoner management. As the committee highlighted, there are synergies between different EU tools, with many working together to provide an integrated system to identify, pursue and prosecute criminals and terrorists. That is one reason why the Government consider that a piecemeal approach based on ad hoc agreements would have a more limited value than an overarching, comprehensive agreement on internal security. We also expect a comprehensive agreement of the kind that the Government have proposed to help ensure that we maintain a dynamic relationship in this area that can meet the evolving threats faced by the UK and the EU. In contrast, ad hoc agreements on individual capabilities would likely be static and frozen in time, even as technologies and threats change.

We are very clear on what will make for an efficient negotiation in the time available. The UK’s proposals that were set out in last year’s White Paper would allow co-operation to take place on the basis of existing EU measures, with negotiations focusing principally on the overarching provisions and safeguards in a comprehensive agreement. In our view, this would lead to a faster and more efficient negotiation than having to tackle the same issues over and again in a collection of agreements on individual capabilities.

[Lord West of Spithead]

I am slightly confused. The Minister mentioned that this would be done in a piecemeal way and that that was slightly better. Now she is talking about an overarching agreement. What are we actually going for, piecemeal or overarching?

[Baroness Williams of Trafford]

We are going for overarching. I think the point I made was that we disagreed over an ad hoc approach, and that moreover we wanted an overarching approach. I will just look at my notes to make sure that I am not contradicting myself; I hope I am not.

Counter-Terrorism and Border Security Bill

Debate between Lord West of Spithead and Baroness Williams of Trafford

Report: 2nd sitting (Hansard - continued): House of Lords & Report: 2nd sitting (Hansard): House of Lords
Monday 17th December 2018 Lords Chamber

[Baroness Warsi]

That is the point. When Prevent has been applied correctly and has been led by and with the community, it has made real progress. When you speak to practitioners on the ground—those who have ignored much of national policy; those who have ignored the rules on engagement and disengagement with British Muslim communities and have spoken to whom they want, when they want and how they want—you find that they have built really strong relationships which have allowed sections of the policy to be implemented properly.

Even if you speak to officers like Mr Neil Basu, who was referred to earlier, he himself will say that the biggest challenge for the police has been operating Prevent within a policy of disengagement with British Muslim communities whereby more and more individuals and organisations are simply seen as beyond the pale and are not engaged with. There is a challenge when large sections of the British Muslim community are disengaged and distrustful of a policy that will not be independently reviewed. I can tell my colleagues in government that if it were independently reviewed, it would enjoy more support and therefore would be more effective.

The noble Lord suggested that I believe that the British Muslim community is monolithic. I say to him as someone who is a Muslim and now 47 years of age that I am acutely aware that the British Muslim community is not monolithic. If he would care to read the first four pages of chapter one of my book, he will see that I explain that British Muslim communities are black and brown and Asian and Persian. They come from all over the world and have different theological beliefs and practices. They dress, eat and behave differently. He would then realise that I am a huge advocate of a diverse British Muslim community from many backgrounds. It is therefore wrong of him to attribute to me on the Floor of this House something which I have simply not said.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have spoken in this debate. As the noble Lord, Lord West, has said, the Prevent programme is one of the core pillars of the strengthened Contest strategy which was published in June of this year. The strategy was developed taking into account views across the breadth of delivery. The Prevent programme serves as a key pillar in our response to the heightened terrorist threat we face now and in the coming years.

The programme is designed to safeguard and support those vulnerable to radicalisation, both on the far right and Islamist, as my noble friend Lady Warsi said. It is designed to stop them becoming terrorists or supporting terrorism. As the noble Lord, Lord Harris of Haringey, said, we should have no qualms about doing so, just as we should safeguard them from sexual exploitation. That point is often forgotten but it is very pertinent. The noble Baroness, Lady Jones, expressed her concern about freedom of speech and civil liberties, but terrorism is an infringement of civil liberties of the severest type. I am also sorry to disappoint my noble friend Lord Marlesford, but the Government remain firmly of the view that an independent review of Prevent of the kind envisaged in this amendment is not necessary at this time. Perhaps I may take a few moments to explain why.

As has been said, Prevent is a safeguarding programme that works. The Mayor of London, Sadiq Khan, has described how Prevent is the only show in town and the intention is to help those who are vulnerable and are being targeted and exploited by radicalisers. Sir Rob Wainwright, the former head of Europol, has described Prevent as the,

“best practice model in Europe”,

for tackling extremism.

In Committee I outlined how Prevent was not the beginnings of state surveillance, as it has been portrayed sometimes; rather, it is a locally driven programme that works with communities to deliver resilience-building activity and prevent some of the most vulnerable in our society becoming terrorists or supporting terrorism. In Committee the noble Lord, Lord Carlile, challenged a number of noble Lords to identify a specific local Prevent project which had given rise to concerns. It was very telling then, as it is now, that no noble Lord has yet identified such a project. The noble Lord talked about how private and public NGOs are now working on Prevent projects. Moreover, to answer the question put by the noble Lord, Lord Stunell, about the proportions being delivered by each, while I do not have the exact numbers, perhaps I may write to him.

While Prevent is successful at safeguarding individuals from becoming radicalised, it is not always well understood. I agree with the point made by the noble Lord, Lord West, about promoting the safeguarding aspect of Prevent. It also supports partners to run a programme of engagement events with their communities. These events seek to engage members of the public and provide opportunities to hear at first hand from practitioners and community organisations about Prevent delivery, as well as acting as an open forum for discussion about its implementation. Further, Prevent does not target any one group, as is often said. It helps to address the growing and pernicious threat from the far right and to provide support for those referred due to concerns about Islamist extremism, among a range of other extremist beliefs. Indeed, the latest statistics, published just last week, show that of those individuals who received Channel support in 2017-18, near equal numbers were referred for concerns relating to far right extremism and to Islamist extremism.

On the positive impact of Prevent, I would remind the House of what Cressida Dick, the Commissioner of the Met police, said in June in evidence to the Home Affairs Select Committee.

[Lord West of Spithead]

Everything the noble Baroness is saying supports the importance of Prevent, which I think all noble Lords would agree with. That is not really the issue. What we are saying is that, given that it is really important, does it not make sense to have a review to look at whether we can make it even better?

[Baroness Williams of Trafford]

If the noble Lord will indulge me, I was about to explain how the Prevent programme is evolving and being scrutinised, including through Contest. Perhaps I may go back to the comments made by the Commissioner of the Met:

“There is an awful lot of very, very good work that has gone on under Prevent in relation to all forms of extremism, not forgetting extreme right-wing, which takes up a big part of it. There have been hundreds of people who have been turned away from violent extremism by their engagement with Channel and other aspects of Prevent, and that is all positive”.


Prevent is not about restricting debate or free speech, as the noble Baroness, Lady Jones, might suggest. On the contrary: as the Government have said previously, schools ought to be safe spaces in which children and young people can understand and discuss sensitive topics, including terrorism and extremist ideologies. An independent study of education professionals found that almost three-quarters of them believe that the Prevent duty has not stifled classroom discussions of extremism, intolerance and inequality.

Since it was launched in 2011, Prevent training has been completed more than 1.1 million times to enable front-line practitioners, including teachers, to recognise the signs of radicalisation so that they know what steps to take, including, where appropriate, how to make a referral to Channel. This has positively supported teachers in discussing the risks of radicalisation with those in their classes. To our knowledge, no event or speaker has ever been cancelled or banned as a result of the Prevent duty. It is about upskilling individuals, not curtailing them. The Government believe that it is imperative that young people learn how to challenge dangerous beliefs which are all too easily accessible online. Since February 2010, some 300,000 pieces of illegal terrorist material have been removed from the internet.

In addition to the examples of increased transparency that I outlined in Committee, which included the annual publication of Prevent and Channel data and increasing the number and geographical reach of community round tables, there is increased cross-party engagement, led by the security Minister. Also, as mentioned earlier by the noble Lord, Lord Carlile, on 28 November the Home Secretary chaired the latest meeting of the Prevent oversight board, which brings together other Secretaries of State, operational partners and independent members to review delivery and to provide the strategic challenge noble Lords have talked about. I therefore understand the concerns of noble Lords.

Investigatory Powers Tribunal Rules 2018

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 28th November 2018 Lords Chamber

[Baroness Williams of Trafford]

I thank both noble Lords for their comments. The question from the noble Lord, Lord Rosser, on the number of cases that have and might come forward is, at this stage, impossible to answer, given that there has not been an appeals route before. It is not possible to say at this point.

The public rely on a small number of bodies, of which the tribunal is one, to ensure that public authorities are using their investigative powers in accordance with the law. The tribunal’s work in this regard is vital, so it is equally vital that it can operate under up-to-date rules. This is why noble Lords’ support is so important and welcome.

I will go into more detail about the updates to these rules, address the issues raised, address the Government’s response the consultation and outline which amendments we accepted and why we rejected those that we did. Between November and December 2017 we held a six-week public consultation. Representations were welcomed from past, current or potential complainants and respondents at the tribunal and their representatives, as well as from professional bodies, interest groups and the wider public. As I said in my opening speech, we received three substantive responses, and of the 17 amendments proposed five were accepted.

On the amendments we accepted, we removed the ability of a single member of the tribunal to decide preliminary issues. We provided the tribunal with the power to make directions if, following a direction from the tribunal, the respondent elects not to disclose to a complainant documents or information, or a gist or summary of the documents or information. This includes the power to direct that the respondent must not rely on anything that the tribunal directed the respondent to disclose.

We provided that, where an arguable error of law is identified by counsel to the tribunal relating to any decision or determination made by the tribunal consequent upon a hearing held in the absence of a complainant, counsel to the tribunal must notify the tribunal and the tribunal must then disclose to the complainant the arguable error of law. We required the tribunal, where it makes a determination not in favour of the complainant, to provide the complainant and respondent with a summary of its determination if it considers it necessary and in the interests of justice to do so. Finally, we removed the requirement for an application for leave to appeal to state the ground of appeal where counsel to the tribunal has notified the tribunal of an arguable error of law and the tribunal has not disclosed it to the complainant.

I will go through some of the amendments we rejected and give the reasons why. We rejected the suggestion that an amendment should be made to allow the tribunal to make disclosures to the IPC, since Section 237 of the IP Act already permits disclosure to the IPC. We rejected the suggestion that counsel to the tribunal’s functions should be specifically identified in the rules because not all the functions of counsel to the tribunal will be relevant in every case, and the tribunal should have discretion as to which functions would assist counsel to the tribunal in each individual case.

We rejected the suggestion that the tribunal should compel witnesses to attend to give evidence. It could be counterproductive for such a power to be given, as the tribunal has functioned on the basis of voluntary co-operation. We rejected the use of special advocates in the tribunal, as there are considerable benefits to the tribunal employing its own counsel. Indeed, counsel to the tribunal is provided with specific functions that are more suited to the work of the tribunal.

Finally, we sought to allay concerns that the tribunal can receive evidence that would not be admissible in a court of law. In the consultation response we stated that, while it is important that the tribunal has flexibility to receive evidence in any form, it is inconceivable that a situation would arise wherein the admission of evidence that might have been obtained as a result of torture or inhuman or degrading treatment would not be subject to challenge, either by the complainant or by counsel to the tribunal.

The noble Lord, Lord Paddick, mentioned Northern Ireland. The IP Act does not allow for appeals to be heard in the Court of Appeal in Northern Ireland. That omission is the result of legislative consent not being obtained for the IP Act in Northern Ireland. However, the Act contains a power, to be exercised with the consent of the Northern Ireland Assembly, to provide that appeals can be heard in the Court of Appeal for Northern Ireland. We have discussed this with officials in the Northern Ireland Office and agreed that, as it is not currently possible for the Assembly to consent to appeals being heard in Northern Ireland, it is appropriate to proceed with the current wording in the rules. These are that,

“the relevant appellate court is the appellate court in the jurisdiction with the closest and most substantial connection”.

This allows any appeals that relate to Northern Ireland to be heard in either the Court of Appeal in England and Wales or the Court of Session in Scotland. The Permanent Secretary of the Department of Justice, Northern Ireland, has confirmed that the Department of Justice will seek consent from the Assembly once it is up and running again. He has also confirmed that the Lord Chief Justice of Northern Ireland is content with this approach.

[Lord West of Spithead (Lab)]

My Lords, I think we should be very pleased with what the Government have done here. These are all very important minor things that make quite a difference and add to what is probably the best bit of legislation relating to this very difficult area of endeavour anywhere in the world. This adds to it and the Government should be congratulated.

[Baroness Williams of Trafford]

I thank the noble Lord for that. The tone of the debate this afternoon shows clearly that the Government have addressed some of the outstanding concerns.

Brexit: Border Control

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 29th October 2018 Lords Chamber

[Baroness Williams of Trafford]

I shall address the two areas of the noble Lord’s question. The first was on the recruitment of sufficient numbers of staff. The EU exit recruitment strategy for 2018-19 is actually deal-agnostic. It is being taken forward in three broad phases: before Christmas with a flexible workforce of 300; an additional 300 leading up to Brexit; and another 300 post Brexit. Secondly, the noble Lord asked about the border patrol service. It operates a fleet of five cutters and six coastal patrol vessels around the UK coastline. They are deployed on a risk or intelligence basis and fulfil a number of tasks.

[Lord West of Spithead (Lab)]

My Lords, the Minister referred to the craft of the Border Force but she knows very well that at any given time only two or maybe sometimes three of them are actually able to operate. For comparison, Holland and France operate well over 100 craft to do a similar task. The NAO study itself refused to even spot the fact that we are an island. I must say that I am beginning to feel rather depressed by this. There is a huge coastline to look after. Does the Minister not agree that we really need to do something to ensure that we have enough vessels to look after our territorial seas?

[Baroness Williams of Trafford]

I completely agree with the noble Lord. We have a border delivery group in place ensuring that it looks at the risks and the commitments made to maintain flow and security. The boats that we are talking about are flexible to a number of needs. We have always been an island—that is nothing new—but the noble Lord is right that we have to have sufficient infrastructure to patrol it.

Windrush

Debate between Lord West of Spithead and Baroness Williams of Trafford

Wednesday 12th September 2018 Lords Chamber

[Baroness Williams of Trafford]

The noble Lord brings this up again and it is an important point, because we have heard anecdotal evidence of hardship. The Home Secretary recognises that. His immediate priority has been to help some of those affected to establish their immigration status but also to support people in advance of the compensation scheme being put in place. Where there is an immediate need—he outlined such a case to me the other day—we are supporting people to access housing and benefits and deal with immediate problems while removing immigration obstacles to their finding work. In addition, the noble Lord might want to know that we have signed an agreement with Citizens Advice, which can provide some of the professional bespoke advice that people might need.

[Lord West of Spithead (Lab)]

My Lords, I declare an interest as the son of an Admiralty civil servant. I do not believe for a second that this disaster can be put at the door of civil servants. It lies elsewhere. Generally, civil servants perform in an admirable and loyal way and do as they are told by their political masters.

[Baroness Williams of Trafford]

My Lords, I hope that I have not conflated the two issues. The disaster of Windrush happened over decades under successive Governments. The Alex Allan review is entirely different, looking into what happened around the time of the former Home Secretary’s appearance before HASC.

Home Office: Data Breaches

Debate between Lord West of Spithead and Baroness Williams of Trafford

Tuesday 5th June 2018 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness raises a point that the Home Office itself acknowledges. Documents have on occasion been lost—a minute proportion of the total number of documents that it deals with, I have to say, but lost nevertheless. As I say, moving to a digitised system should help in huge part to guard against that. The reporting of data breaches in future should also help not only to highlight what has happened but, hopefully, to prevent stuff from happening in future.

[Lord West of Spithead (Lab)]

My Lords, when I was at the Home Office we were moving towards digitising all this documentation. From what the Minister says, we do not seem to have achieved that. What level of digitisation of documents and the like have we got to in the Home Office? It was very low when we started in about 2009. What level have we got to now?

[Baroness Williams of Trafford]

As an example, paper documents that previously had to be submitted by hand can now be scanned and sent without the need for documents to actually change hands between the individual and the office to which they are applying for whatever purpose.

Muslims: Population Growth and Sharia Law

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 30th April 2018 Lords Chamber

[Lord West of Spithead (Lab)]

My Lords, talking of national statistics, the Minister may not be aware that, 100 years ago last week on St George’s Day, the Navy carried out a huge raid on Zeebrugge and more Victoria Crosses were won on that day than on any other in the First World War, on which I am sure she will congratulate the Royal Navy. In that raid, more ships were used than we currently have in the entire Royal Navy. Does she believe that the Home Office supports the government view that there should be more ships in the Royal Navy?

[Baroness Williams of Trafford]

The noble Lord never loses an opportunity to weave something about the Royal Navy into a question. I did not think that he would manage it today, but he has. I am very happy to join him in paying tribute to the Royal Navy.

Russia: Threats to Individuals in the UK

Debate between Lord West of Spithead and Baroness Williams of Trafford

Thursday 8th March 2018 Lords Chamber

[Baroness Williams of Trafford]

Again, I cannot speak for the Foreign Office on what relations are currently like, but I can certainly take the noble Lord’s point away.

[Lord West of Spithead (Lab)]

My Lords, are we engaging in any dialogue with Putin to point out that the things going on, such as threats to undersea cables, new nuclear weapons and missiles that can strike accurately all parts of our nation, and hunting down and trying to find our ballistic missile submarines, are not the actions of a modern state in this globalised world, and that this behaviour is just not appropriate?

[Baroness Williams of Trafford]

The noble Lord will know that I speak for the Home Office and not the Foreign Office.

Investigatory Powers (Codes of Practice) Regulations 2018

Debate between Lord West of Spithead and Baroness Williams of Trafford

Thursday 1st February 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have spoken, particularly the noble and learned Lord, Lord Judge, the noble Lords, Lord Butler and Lord Murphy of Torfaen, and of course the noble Lord, Lord West of Spithead, for in a nutshell outlining what these regulations do, which is to complement the primary legislation. This legislation was thoroughly scrutinised by the committee and all the recommendations that it made were accepted by the Government.

It is absolutely right that the most rigorous safeguards are in place. In introducing the Act, the Government struck a very clear balance between liberty and safeguarding the people of this country. It is not about undermining the work of journalists: it never was about undermining the work of journalists. As I said in my opening speech, these powers are absolutely necessary to prevent terrorism and intercept paedophiles and serious organised criminals. The aim of the legislation was never towards journalists.

The noble Lord, Lord Kennedy, asked about oversight. The oversight function is by the commissioner, as I think he suspected. Yes, the codes of practice are lengthy, but they are user-friendly. It is such a complex area, but that was the intention behind the codes of practice.

Before I turn to the numerous questions that the noble Lord, Lord Paddick, asked, I absolutely echo his words about my noble friend Lord Bates yesterday. He is a wonderful man, a wonderful Minister, and we are very glad that in a few days he will be back. My noble friend Lord Taylor picked up the Question. I do not know how well he answered it, but I am sure in his inimitable way he answered it pretty well, he is such a professional. Yes, I commend the words of the noble Baroness, Lady Smith. This was obviously a spontaneous event and those who responded spontaneously in your Lordships’ House were very generous and kind. I thank everyone who was there at the time.

The first question of the noble Lord, Lord Paddick, was about the Explanatory Memorandum to the codes. The committee made clear:

“At our request the Home Office has now replaced this”—


the Explanatory Memorandum—

“with one that sets out more clearly what the Codes do and why, which should aid the House in its scrutiny of the way the system is to operate”.

The noble Lord also asked about bulk communications involving those who are not suspects—innocent people. I reiterate what I said in my opening speech: there are extremely stringent safeguards in the IP Act regulating the use of bulk powers. A bulk warrant may be issued by the Secretary of State only where it is necessary and proportionate—they are the two key words here—and where the decision to issue it has been approved by a judicial commissioner. The bulk powers are available only to the intelligence services, and a bulk warrant may be issued only where it is necessary in the interests of national security.

Every bulk warrant must specify each of the operational purposes for which the data obtained may be subsequently examined. Examination may not take place for any purpose other than those specified in the warrant, and the Secretary of State and judicial commissioner must be satisfied when they issue the warrant that those purposes are necessary. Examination of bulk data itself may take place, again, only where it is necessary and proportionate. In practice, the safeguards mean that only a tiny fraction of the data obtained will ever be accessed.

[Lord West of Spithead]

Does not the Minister agree that the collection of bulk data does not assume that everyone in our population is a suspect, as the noble Lord, Lord Paddick, said, any more than the camera systems on our public transport assume that everyone on that bus is a suspect? Rather, it highlights and spots the person who sticks a knife in someone.

UK Borders: Surveillance

Debate between Lord West of Spithead and Baroness Williams of Trafford

Monday 18th December 2017 Lords Chamber

[Baroness Williams of Trafford]

I note what my noble friend says—but, as we move towards exiting the European Union, Border Force will make sure that its recruiting plans are flexible to ensure that its approach can be flexed as future requirements become clearer.

[Lord West of Spithead (Lab)]

My Lords, the Minister makes rather light of the real problem. There is no doubt whatever that all the departments and assets looking after our territorial seas and exclusive economic zone are not being co-ordinated at the moment. I know that there are plans to move forward, but it is not being done. The intelligence from the NMIC, which was established some five years or so ago, is very good but we are not co-ordinating assets, and we do not have enough assets. However, my question relates to our British Overseas Territories, each of which has territorial seas and exclusive economic zones. Indeed, we have responsibility for the largest area of ocean of any country in the world. In that circumstance, does it not make sense not to get rid of the offshore patrol vessels, which are relatively new, when the new ones come online, and to use those to look after these vast areas of ocean that at the moment are not being properly protected?

[Baroness Williams of Trafford]

The noble Lord makes a valid point about our offshore patrol vessels—and there are no plans to get rid of them. However, my point, which I hope I was not making lightly, was that the most effective work we can do at the border is intelligence-led work that is successful at pinpointing areas of high risk.

Mohammed Mirzo

Debate between Lord West of Spithead and Baroness Williams of Trafford

Thursday 19th October 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend makes a really important point, which is that if you are a Syrian you want to return to Syria in improved circumstances. I can give him exact figures by letter. Indeed, it is in all our interests to get a more peaceful situation in Syria so that people can return to their country of origin.

[Lord West of Spithead (Lab)]

My Lords, people of many nations fought in the British fleet at Trafalgar, but I am pretty certain that there was not a single Bulgarian. The 212th anniversary of that great battle is on Saturday, and as this is the year of the Navy, according to the Secretary of State for Defence, I wonder whether the noble Baroness will pass the best wishes of this House to the Royal Navy on this very auspicious occasion.

[Baroness Williams of Trafford]

I can always rely on the noble Lord to say something vaguely related to the Question. I most certainly will pass on those best wishes. Thank you.

Security: ID Cards

Debate between Lord West of Spithead and Baroness Williams of Trafford

Thursday 20th July 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government’s Verify system helps in regard to identity. We are certainly looking, for when the UK leaves the EU, at just what that residency document will look like.

[Lord West of Spithead (Lab)]

My Lords, as well as the very persuasive arguments by my noble friend Lord Campbell-Savours, all the work we have done in the cyber world has shown that the best way of stopping identity theft is for people to have a card with biometric data that they can use when accessing things such as the Government Gateway. More work is being done digitally online. This will become something that people will almost certainly have to have. A passport does not really cover that. When you add all the other benefits—for example, recognising who people really are–surely it is overwhelmingly desirable to go down this route.

[Baroness Williams of Trafford]

The noble Lord mentions the Verify system, which is a very good way for people to prove who they are online. There are a mixture of different ways in which people can prove identity for different purposes, and the noble Lord is right to raise that.