Migration: University-sponsored Students

Baroness Afshar Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Henley]

My noble friend goes on to a somewhat more detailed point, which I will have to look at. I would certainly be more than happy to do that and write to her.

[Baroness Afshar]

My Lords, as a student who stayed and was educated at school and university here, I have to say that many of us do not come here just to work but to contribute. We have a lot to contribute, and the current limitations mean that students from the Middle East, particularly from countries such as Iran but also elsewhere, cannot get access any more because the limits are so tight that anyone from outside the Commonwealth has enormous difficulty getting in. Some of us do make good.

[Lord Henley]

My Lords, I think the whole House is grateful that the noble Baroness came and stayed here, and for the contribution that she has made to the House, but she will also recognise that we have a duty to make sure that we have some control over our migration figures. We are trying, as I was trying to make clear earlier, to get some control over some of the more bogus applicants who claim that they were coming in to study, whereas in fact they were coming in for other purposes.

Police: Race Relations Policies

Baroness Afshar Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Henley]

My Lords, I fully agree with the noble Lord. Training is very important but it is also important to make sure that recruitment and retention continue so that all police forces can represent the appropriate diversity of their individual areas. That is the important thing: to make sure that they can then continue to police their area with the proper consent of those being policed.

[Baroness Afshar]

My Lords, in the current atmosphere of Islamophobia, could we have an assurance that race includes religion? It seems to me that Muslims are becoming disproportionately targeted. They are of many races and can come in all colours and shades, but because of their religion they are being singled out.

[Lord Henley]

My Lords, the noble Baroness makes a very valid point and one that I am sure is taken into account in initial and all further ongoing training.

“Honour-related” Violence

Baroness Afshar Excerpts

Tuesday 14th February 2012 Lords Chamber

[Lord Henley]

My Lords, I do not believe that the reduction in budgets, which is necessary because of the situation we are in, is relevant here. It is a matter that the police can deal with in the appropriate manner, but we need appropriate information and evidence before we can act in the proper way. However, it is not just what the police have to do in this area that is important; it is also important, as I said in my original Answer, that we work with all other partners. Therefore, it is not only a question of ensuring that we can prevent this crime; it is also a matter of educating people about the inherent dangers. It is a matter of identifying and recording this, as I said earlier, and, where appropriate, prosecuting.

[Baroness Afshar]

My Lords, in Islam there is no such thing as an honour crime. For 14 centuries, according to Islamic law and Koranic teaching, marriage has been based on a personal agreement between two individuals who have to sign a contract. The parents have no right to dispose of their children in these circumstances or to define whom they marry. It is a matter of choice for the man and woman to decide whether they wish to ask for their parents’ blessing, but it is not a Koranic teaching. Therefore, in Islamic law there is no justification whatever in defining something as an honour crime, and it should be punished accordingly.

[Lord Henley]

My Lords, I am grateful—and the whole House will be grateful—for what the noble Baroness has told us. It is something that we should all fully understand: that marriage is a matter of a contract between two individuals and is not a matter for their parents. I repeat what I said to the noble Lord, Lord West, about the use of the word “honour”. That is possibly something that we want to get away from.

Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2011

Baroness Afshar Excerpts

Tuesday 8th March 2011 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, I will be brief. First, I suspect I am one of few people in the House who has been involved in some of these cases in the courts. I have seen them at close quarters.

Many noble Lords will also remember that I was one of those on the Labour Benches who strongly opposed the Labour Government introducing control orders. I opposed them then and ever since. I welcomed the fact that noble Lords on the other side of the House, whose faces are familiar, all went through the Lobbies with me opposing control orders. Now they are sitting in government and I want to remind them of the principled stand that they all took on control orders. It is easy, once in government, to hear poured into their ears the position taken by the security services that somehow this is the only way forward. With regard to the issue of dealing with persons suspected of links with terrorism where it would be difficult to bring them to trial, I have always advocated that surveillance, the use of intercept and so on can be done, but without interfering with liberty in the excessive way that control orders have meant. I am saddened and disappointed that the siren voices of the security services have persuaded the Government that something not very different from control orders should be the way forward. I am sure that I will be one of the people who take part in the debates when the legislation is presented to this House, and I will rigorously test some of the suggestions that have been made.

I strongly support what has been said by the noble and learned Lord, Lord Lloyd, and indeed the noble Lord, Lord Macdonald: given the principled position that the Government are going to do away with control orders, and even if the position is that something else will come in of a lesser order but somewhat similar, it is quite wrong at this moment to keep the thing that they have criticised for so long with regard to the eight people currently subject to the level of suspicion that we have heard about. It cannot be right to continue that until the end of this year. At the very least, the Government should be reducing the constraints upon liberty to the standard that they are intending to introduce, and then that can be revisited in December. However, it cannot be right for them to continue with control orders when they so bitterly opposed their existence once they had been introduced by new Labour in government. I ask that, in the spirit not just of decency but of appropriateness, the cases that we have spoken about and the noble and learned Lord, Lord Lloyd, mentioned be revisited.

I reiterate what my noble friend Lord Judd has said: one of the jewels in our crown, one of the great limbs of our democracy, is the way in which we interpret the rule of law. I am a proud champion of the common law. We have always believed that due process was vital before we in any way encroached upon the liberty of human beings. That is a proud tradition here and it is a sort of ceding to the terrorists if you abandon those values, which are so precious in our society. I strongly urge that we do not go down the road of introducing something similar, because it is a poison in the system. It is a way of saying that it was not just a temporary measure; somehow we have bought into this idea, and an alternative to the things that we have always believed in can now be introduced. I urge that we think again about that.

I was interested to hear that the noble Lord, Lord Macdonald, said that there are alternatives, and I hope that in the months to come the Government will look again at what they are intending to do.

[Baroness Afshar]

My Lords, I add my thanks for the decision by the Minister to abandon forced relocation. However, I have been given to understand by Liberty that this weekend a young man with a young family was forcibly sent off. I want to highlight the law of unintended consequences: a young family is left behind that will be deprived of rights that this very same young man is going to have in the very near future. That means that a child will be raised apart from the care of the father of the household, but that child has committed no crime. My understanding was that the House has always agreed that the interests of children should be put first. It surprises me that at this stage we still are forcibly sending off young people who may or may not be guilty and punishing their family in the process.

Immigration: Detention of Children

Baroness Afshar Excerpts

Wednesday 1st December 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the most reverend Primate raises a number of important points. The reason why we are concerned about the mental condition and psychological effect on children and their families of what has hitherto been the practice is the reason why this Government made a commitment to end the detention of children for immigration purposes. We will honour that commitment.

As a result of the number of questions that I have been asked on this subject, I have kept the House aware of the pilots that we are already conducting to alter procedures such that some of the things that have been mentioned will no longer take place. There will not be a need for the “raids” that used to take place. We are endeavouring to bring about a system that ensures that those who are not entitled to be in this country are not able to stay here and that they are not able to abuse the system, but that in its procedures is humane and just.

[Baroness Afshar]

My Lords, I declare an interest as someone who is involved in the Child M question and has raised the question of children in detention. It seems to me that the treatment of these children as numbers rather than as human beings, and the idea that they are a category that belongs or does not belong in this country, simply denies them their rights as human beings. Can we please take these cases as human beings and think what we would do if these were our children? I feel that Child M is being pulled every which way. The family is breaking up and the future of that child is being destroyed. We talk about future pilots. Here is an example. Please let us do something.

[Baroness Neville-Jones]

I say to the noble Baroness that these pilots are in progress; they are not future pilots. We are endeavouring to introduce means by which we can encourage families to return on a voluntary basis. I lay stress on the fact that we keep families together as much as we possibly can. It is now a very rare circumstance, such as, possibly, the brutality of parents within a family, that would result in family separation. We try to keep families together. Our aim is to get them to depart voluntarily if they are not entitled to be in the country and, if they do not do so, to make as humane arrangements as we possibly can to remove them, but we do not intend to involve detention in that process.