Student Visas: Pilot Study

Baroness Afshar Excerpts

Wednesday 7th September 2016 Lords Chamber

[Baroness Williams of Trafford]

I am not sure that there is a question in there, but I will answer by saying that I disagree with the noble Lord.

[Baroness Afshar (CB)]

I declare an interest in the University of York, one of the northern universities, where the Erasmus exchange programme has been invaluable in providing an understanding across Europeans and teaching languages to students who may not naturally be given to learning languages. We must consider benefits other than the immediate impact—and can we please include the northern universities?

[Baroness Williams of Trafford]

I totally agree that the Erasmus programme has been very helpful to students, and certainly that is something that I shall take back for the noble Baroness.

Immigration Officers

Baroness Afshar Excerpts

Monday 4th July 2016 Lords Chamber

Asked by

[Baroness Afshar]

To ask Her Majesty’s Government what are the qualifications of those whose job it is to assess and review applications for non-European Union citizens seeking leave to remain in the United Kingdom.

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

My Lords, while there are no formal qualification requirements, the recruitment and selection of staff to these roles follows a standard process based on the Civil Service core competency framework. A comprehensive training and mentoring programme is in place for all staff recruited to these roles.

[Baroness Afshar (CB)]

I thank the Minister. Given the serious shortage of expertise in academe and in the health and care sectors, will the Minister consider revising the provisions that prevent graduates in this country who are from abroad working in these sectors to help out? Even if such graduates offer their work free of charge, they are limited to a number of hours of service, which deprives communities of freely available and badly needed help. Will the Government reconsider this provision?

[Lord Ahmad of Wimbledon]

My Lords, I believe that the noble Baroness is referring to the issue of students working here. The main purpose of the tier 4 visa, the arrangements under which she refers to, is that students should be able to maintain themselves for the duration of their course without resorting to employment in the UK. However, as noble Lords will know, students are permitted to supplement their income and can work for up to 20 hours a week.

Drugs Policy

Baroness Afshar Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

The Government do follow the evidence. I am sure that the noble Lord is aware that a clear regime is in place, administered by the Medicines and Healthcare products Regulatory Agency, to enable medicines, including those containing controlled drugs, to be developed. I understand that Sativex is the cannabis-containing medicine that is authorised in the UK.

[Baroness Afshar (CB)]

My Lords, is it reasonable that smoking, which is considerably more harmful, is allowed freely to kill people, whereas people who use cannabis, which is considerably less addictive and less harmful, are made criminals?

Immigration: Public Services

Baroness Afshar Excerpts

Tuesday 10th May 2016 Lords Chamber

[Lord Bilimoria (CB)]

My Lords—

[Baroness Afshar (CB)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, it is the turn of the Cross Benches, but I suggest that it be a Member who has not yet asked a question today.

[Baroness Afshar]

My Lords, as an Iranian born citizen, I must say that not all of us are a drain on the economy. I remind the House that the National Health Service would not run if it were not for people from abroad with high qualifications who are willing to work in it and help the economy. It is important to recognise the contribution they make, because the caring services and the NHS would not function without it.

[Lord Keen of Elie]

That important contribution is of course recognised. The Government believe that in the long term, it is necessary to train our own nurses in this country. Consequently, the Department of Health has put in place a clear plan to reduce the number of overseas nurses each year until 2019, when we expect to have sufficient nurses to meet demand.

Asylum: Processing of Applications

Baroness Afshar Excerpts

Wednesday 2nd March 2016 Lords Chamber

[Lord Bates]

I can understand the concern, because these are very sensitive issues that people are being asked to deal with. But I can reassure the noble Baroness that out of the 290 decision-makers currently looking at cases, two are undergraduates in law. Under this scheme we have often looked in particular at people who have an interest in law—perhaps with the possibility of their coming in to become decision-makers in future—who might get some experience doing that. They have their induction course with all of that but, crucially, they also have mentoring. An experienced person must sign off on all decisions taken by that individual. That is a very important safeguard which I hope will reassure noble Lords.

[Baroness Afshar (CB)]

My Lords, as a teacher of Islamic law in Strasbourg, I can tell noble Lords that even post-doctoral students take a very long time to understand the complexities of notions such as rights, entitlement, duty and obligations, which are very different from current secular or Christian laws. I am not sure that five weeks is quite enough for people to grasp that knowledge, as well as having the social abilities to know what the facilities are. It is multi-tasking.

[Lord Bates]

The short answer, of course, is that it is not enough—and, of course, that five weeks is then followed up by a period of at least six months when they receive close mentoring and all their decisions are checked. Also, in the cases that the noble Baroness mentioned, when there are areas of particular sensitivity, when people have been victims of torture or violence, or where there are LGBTI issues, there is also the provision of a second pair of eyes, which means that, even when an experienced person has done the evaluation, another experienced person will look at it. Of course, in the extreme situation that that person disagrees with the finding of the decision-making officer, they and their legal advisers will have the opportunity to appeal.

Immigration Bill

Baroness Afshar Excerpts

Monday 1st February 2016 Lords Chamber

[Baroness Lawrence of Clarendon (Lab)]

My Lords, I shall speak on the question of whether Clauses 17 and 18 should stand part of the Bill. Clause 18 proposes the creation of an offence of driving when unlawfully in the United Kingdom. Clause 17 proposes related search and seizure powers to be used by the police, immigration officers and others. I shall look at the practical, real-life implications of the driving provisions set out in the Bill.

We already have a law—Section 163 of the Road Traffic Act 1988—which allows for road traffic stops to be conducted by police without a reason. Traffic stops affect BME people disproportionately and are seen by BME drivers as a discriminatory tool. As the noble Lord, Lord Paddick, mentioned, a survey conducted by HMIC in 2014 found that 7% to 8% of white drivers had been stopped in their vehicle in the last two years, compared with 10% to 14% of black and minority ethnic drivers. Some 70% of black respondents agree or strongly agree that the police unfairly target people from an ethnic minority for traffic stops.

This is an incredibly serious problem for the police, who must command the trust and confidence of the community that they serve. But rather than addressing the issue, the Government intend, through the powers in the Bill, to pave the way for routine immigration checks during traffic stops to ascertain whether an individual is driving while an illegal immigrant. Noble Lords do not need to take my word for it: Met Chief Superintendent David Snelling told the Public Bill Committee in the other place that this is how he thinks the power would work in practice.

It is not hard to foresee the impact of such a move on police/community relations: police conducting traffic stops—which disproportionately affect BME drivers—and checking on their immigration status; police and immigration officials interchangeably searching individuals and their premises for driving licences on the basis that the individual is suspected of being here unlawfully. The Government’s Policy Equality Statement says that a decision to search a driver or their premises cannot be based on race, but, as the Race Equality Foundation points out:

“This ignores current evidence on car stops”.

It is small wonder that, as the noble Lord, Lord Paddick, said, the National Black Police Association warned that the Bill could return the UK back to,

“the bad old days of the SUS laws”,

and create,

“the conditions for making every person of colour in the UK a priori suspect, and a potential illegal immigrant”.

Many members of the House have lived through times when relations between the police and BME communities were in a critical condition. It is often in the area of powers to stop, search and question individuals that the spectre of discrimination has grown up. In his 1981 report, Lord Scarman identified unquestionable evidence of unfair stop and search being used on black people under the notorious sus laws. In 1999, the Macpherson report identified a clear core of racial stereotyping in stop and search, noting:

“If there was one area of complaint which was universal it was the issue of ‘stop and search’. Nobody in the minority ethnic communities believes that the complex arguments which are sometimes used to explain the figures as to stop and search are valid. In addition their experience goes beyond the formal stop and search figures recorded under the provisions of the Police and Criminal Evidence Act, and is conditioned by their experiences of being stopped under traffic legislation, drugs legislation and so called ‘voluntary’ stops”.

The Government argue that this new offence is about cracking down on unlawful immigration but it will affect countless British citizens. Inevitably, black and Asian Brits will bear the brunt. The enforcement of this offence, together with lax traffic powers, will lead to discriminatory interference with the right to private life of these citizens.

Provisions allowing for intrusive, discriminatory stops have continued to be one of the greatest flashpoints for police and BME communities, but in recent years significant progress has been made. The Home Secretary has played her part by taking positive steps to reduce the discriminatory impact of stop and search. In 2014, she told Parliament that,

“nobody wins when stop-and-search is misapplied. It is a waste of police time. It is unfair, especially to young, black men. It is bad for public confidence in the police”.—[Official Report, Commons, 30/4/14; col. 833.]

She is right, and I hope that she can be persuaded to bring the same insight to the provisions of this Bill.

[Baroness Afshar (CB)]

I support the amendments to Clause 17, not least because alienating youths born and bred in this country results in their choosing to leave it to fight with groups that accept them, be it in terms of their creed or their colour. The measure will create active enemies of this country. It is unwise to do that to young people raised in this country with hope who then find themselves treated as terrorist suspects.

[The Lord Bishop of Southwark]

My Lords, I share some of the concerns of the noble Baroness, Lady Lawrence, who sketched out the problems with enacting this clause. As the Government rightly tell us, reasonable suspicion is a well-established precept in English law and policing practice. However, this does not mean that it is infinitely elastic in its application. A prior question needs to be asked when legislating: is it applicable in this circumstance, and with what effect?

This House is entitled to ask the Minister to consider that there will be circumstances where to exercise such judgment will involve the very real danger of identifying individuals who have leave to remain or who are not even subject to immigration control. Surely that would be an intolerable imposition. We know all too well that our fellow citizens do not take to being stopped for unfounded reasons.

Thus I return to the question I asked at Second Reading, which was not to query the idea of reasonable suspicion in all its existing applications but simply to ask what will constitute reasonable suspicion in these circumstances. A concrete example from the Minister would help.

The peril of such a path is made all the more obvious by the knowledge that alternative powers already exist, without this sort of provision. I trust that the Government will listen to the concerns expressed in this House about this clause and remove it from the Bill.

Immigration Bill

Baroness Afshar Excerpts

Monday 18th January 2016 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, I endorse what the noble Lord, Lord Alton, has just said. This is not the first time during the passage of this Bill that a vast number of government amendments have been inserted. The same thing happened in the other place immediately before Report, and the same complaints were made that none of the amendments had been scrutinised properly. Indeed, there was no time to do so before the other place had to vote on amendments in Committee that they had not had time to scrutinise. Remembering my own time in the Ministry of Defence, if I were faced as a civil servant with such a huge and complex piece of legislation, with additional complexities, I would have complained to the Secretary of State and to the Permanent Under-Secretary that legislation was being made so complex that it was simply undeliverable.

We have to realise that the immigration system in this country is currently under stress. There are said to be some 600,000 unrecorded migrants in the country now and we will face not just a flood of people coming here from the Middle East but an additional flood of people from places such as Africa thanks to climate change. Therefore, we should be simplifying our legislation so that it can cope with pressure rather than complicating it in this way.

[Baroness Afshar (CB)]

My Lords, I speak in support of the views expressed. If eminent Members of the House who are familiar with these matters are finding this legislation difficult, what can immigrants do with it? They are not British and many of them are possibly already here. These changing laws will be whirling around their heads just as they arrive. It makes it impossible for them to abide by the law when even this House cannot understand what the law is. Is it not possible to have something simple and clear that immigrants can abide by?

Immigration Bill

Baroness Afshar Excerpts

Tuesday 22nd December 2015 Lords Chamber

[Baroness Afshar (CB)]

My Lords, I begin by thanking the noble Baroness, Lady Hamwee, for remembering that I once reported to this House that the name “Afshar” trumped membership of your Lordships’ House as far as immigration officers were concerned. I was not allowed in because they thought “Baroness” was a first name. So I suggest that we should be very wary of making such people judge and jury over who is suitable for entry into this country—because I would like to continue to serve in your Lordships’ House.

I would also like to introduce a sense of perspective. Britain—the UK—is home to less than 1% of the total number of refugees in the world, so it seems to me that extending this by a small amount would not really cause an enormous strain on the resources of the Government.

Much has been said about the refugees who come to this country. They come because they are being bombed out of existence in their homelands and because drones, by day or by night, do not recognise friends or foes; they just kill you, and any of us in that situation would try to find an alternative. But it is only the better-educated and better-off—those who have the resources—who are able to scramble out of these death traps. They can offer this country enormous talent, resource and wealth. They choose to come here because they have transferable skills. We are short of doctors, nurses and carers—and these are people who have done their qualifications and very often do not need retraining. They could serve this country and they come here because they wish to come here. To try to bar their way is to do a disservice to this country at all levels. If we allow wiser counsel and look at each person as an individual rather than in terms of numbers, and if we move away from fearing “the other” and instead welcome them, we would find that the whole country would benefit.

As a university teacher, I fear what would happen to academe in this country if we started imposing restrictions that would mean that talented people, many of them born in this country, could not come and teach. I declare an interest because I was born in Iran and my husband was born in New Zealand. Neither of us would find it easy to come and teach in this country under the proposed laws.

It is far more advisable to start thinking about how to accommodate these people. But to expect them while the decision is being made to live on £40 a week is unreasonable. I challenge any Member of your Lordships’ House to live on £80 a week and see how long they would last. Surely we should do unto others as we would wish to have done unto us. That is a Christian proverb but as a Muslim I support it. There are better ways to deal with the floods of immigration than this attempt to drown talent and opportunities. Please, will you change your minds?

--- Later in debate ---

[Lord Green of Deddington (CB)]

My Lords, I would like to address the wider context of this Bill. It comes before us at a time when the whole context of immigration is changing very rapidly. We are indeed a compassionate country, I believe, but we expect our Government to control our borders. Immigration has been a major concern for a very long time, as the noble Lords, Lord Horam and Lord Balfe, both pointed out. Indeed, in calling for a significant reduction in net migration, I have been speaking for 70% of the population, including a majority of the ethnic communities. In recent times, that concern has intensified further. Immigration and asylum have for the past six months been the very top issue of public concern. It is not hard to see why. The public are clearly conscious that the European Union has lost control of its southern borders. As a result, a mixture of refugees and others who in reality are economic migrants are arriving in huge numbers which are already overwhelming any orderly system of reception, let alone control. The Commission itself is expecting an additional 3 million migrants by the end of 2017.

Here in Britain, a moderate level of immigration is of course a natural part of an open economy and an open society, and for my part I have always supported that. I agree with the noble Lord, Lord Wallace of Saltaire, that major efforts are needed to improve the training of our own workers so that we do not draw in unmanageable levels of migrants. But unfortunately after some fairly strenuous efforts over the past five years, net migration is now running at a third of a million a year. This mass migration will have a huge effect on our population, on our society and on our environment.

Let me take just population. Even if net migration is brought back to the average of the past 10 years, which is roughly a quarter of a million, our population will grow by 2.5 million in the course of this Parliament. That is about two and a half times the population of Birmingham. Can we really cope with that? Let us look a little further ahead. In the next 15 years, the population of the UK would, at that rate of immigration, grow by 8 million. Numbers mean very little to most people, so let me tell noble Lords what 8 million means. It is the populations of Birmingham, Leeds, Glasgow, Sheffield, Bradford, Manchester, Edinburgh, Liverpool, Bristol, Cardiff, Newcastle upon Tyne, Belfast, Aberdeen, Leicester, Coventry, Nottingham, Stoke-on-Trent and Portsmouth all added together. Is that remotely sensible, desirable or even feasible?

[Baroness Afshar]

How many people will die during that period in these cities?

[Lord Green of Deddington]

This takes full account of those who will die and those who are born. It brings all three together. Any population projection depends on the birth rate, the death rate and the net migration. Taking all three into account, on 240,000 a year we would get what I have just described. We have to accept that. We have to recognise it and decide whether we will take serious measures to get the numbers down or whether we will build the list of cities that I will not read out again.

There is no doubt that immigration is the main driver of this huge population increase. In the medium term, two-thirds of it will be due to future immigrants and their children, and in long term, of course, all population increase will be due to immigration because our birth rate is below the replacement rate. In these circumstances, the public clearly want immigration brought under control, and rightly so. This will require two elements: reducing admissions where possible; and ensuring departures. Let me take them separately.

The Bill bears mainly on the latter. It is concerned largely with discouraging illegal immigration, whether by those who seek to enter clandestinely or those who have overstayed their visas. As for the clandestines, noble Lords might like to ask themselves why thousands of people—mainly young men—are camped near Paris in pretty dreadful conditions in the hope of getting into Britain. The noble Lord, Lord Alton, spoke eloquently about the conditions in which they find themselves.

Surely it has to be recognised they are not there because they are desperate, as the press so often says. They are already in a safe country and are perfectly at liberty to claim asylum in France. It is only because they believe the conditions in Britain are so much more favourable that they will take considerable personal risk to get here. Indeed so, because they know that if they do get here they can work on the black market—an activity that is not even illegal in this country, as the Mayor of Calais never fails to point out. They also know that if they are discovered they can claim asylum. Indeed, about half of all asylum claims made in Britain are made on discovery, not on arrival. If they succeed in their claims, as about half of them do—

Violence Against Women

Baroness Afshar Excerpts

Wednesday 25th November 2015 Lords Chamber

[Lord Bates]

That is absolutely right. It is very important that the cross-ministerial group, chaired by the Home Secretary, ensures that there is a joined-up response on these issues. That is also one of the purposes of the domestic violence disclosure scheme—the so-called Clare’s law—which allows people to find out whether a potential partner, whom they might be bringing into their home, has a violent or abusive past.

[Baroness Afshar (CB)]

My Lords, is the Minister aware that, in order to deal with domestic violence within Islamic Muslim communities, it is absolutely necessary to have an adviser who understands the Koran, can understand the interpretation and can deal with the misguided view held by particular members of that community that they are entitled to be violent towards their women? It is essential to have someone who knows what they are talking about.

[Lord Bates]

That is very true. In answer to a question yesterday on stalking, I spoke about the charity which is working with us on that. Furthermore, I had the occasion to visit a team working in the Foreign Office—the Forced Marriage Unit—which is offering advice to those in fear of forced marriage. It is doing excellent work in this area and is very sensitive to the communities to which it is speaking.

Domestic Violence

Baroness Afshar Excerpts

Tuesday 24th November 2015 Lords Chamber

[Lord Bates]

That is a fair point. We have pledged that the coercive and controlling behaviour provision in the Serious Crime Act will come into force by the end of the year. It will be in force by the end of the year and training will be provided alongside it. On the other point, about ensuring the right response and that people are trained for it, Garry Shewan, the assistant chief constable of Greater Manchester Police, who is the national policing lead for stalking and harassment, has a very important role to play in co-ordinating the wider police response to this important crime.

[Baroness Afshar (CB)]

My Lords, what measures are being taken to assist Muslim women to access the reporting facilities? A great deal of domestic violence goes on in households against women who do not feel at ease with some of the representatives who are available for them to access.

[Lord Bates]

There is a particular group called Imkaan which works in this area with BME communities and they are represented on the national oversight group which the Home Secretary set up to advise her on improving her response across government to domestic violence.