Nationality and Borders Bill

Baroness Coussins Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

Moved by

[Baroness Coussins]

34: Clause 25, page 30, line 25, at end insert—
“(2A) The deciding authority must treat evidence provided late as provided late for good reason where the applicant is a child, or where it is reasonable to attribute its lateness to the applicant's experience of, but not limited to —(a) torture,(b) trafficking or modern slavery, or(c) sex or gender based violence, abuse or exploitation.”

[Baroness Coussins (CB)]

My Lords, Amendment 34 is in my name, and I thank the noble Baroness, Lady Lister, for her support. I am also extremely grateful to the Minister for meeting me last Friday to discuss this amendment and for agreeing to follow up our discussions with the Home Office. I am hopeful that this is going to lead to a positive outcome.

Clause 25 authorises the deciding authorities to give minimal weight to late evidence submitted by asylum applicants unless there is a good reason for it. My amendment would require the authorities always to assume that there was a good reason for late evidence in certain circumstances: where the applicant is a child or where the reason for lateness could reasonably be attributed to their experience of torture, trafficking or modern slavery, or sex or gender-based violence, abuse or exploitation. I have based that on the evidence to which I referred at Second Reading: that it is widely acknowledged that the trauma associated with sexual violence or trafficking can lead to significant problems with memory and recall, as well as a reluctance to share details which could bring shame, fear or humiliation. Critically, I rely also on existing Home Office guidance, which acknowledges all that and says that an application should not be disadvantaged in those circumstances.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

My Lords, I do not have the detail at my fingertips, but I can certainly undertake to write to the noble Baroness. I was just about to sit down after inviting the noble Baroness, Lady Coussins, to withdraw the amendment for the reasons that I have set out.

[Baroness Coussins (CB)]

My Lords, I thank the Minister for his reply and all other noble Lords for their support on this amendment.

I was very happy to hear the Minister’s commitment, having discussed it with the Home Office, that there would be new guidance. Assuming that this new guidance on late evidence is genuinely expanded and strengthened, this has the potential to go a long way towards meeting my objectives. However, I underline the point just made by the noble Baroness, Lady Lister, that it would be very helpful to be consulted on a draft before the two-month cut-off point when the new guidance would come into force. I would be very grateful if Home Office colleagues could take that on board. Although the noble Lord is an MoJ Minister, can he please keep on this as well, and ensure that the Home Office does not lose sight of this guidance in the greater scheme of things?

Assuming that this will be on track, it amounts to a satisfactory way of meeting my objectives and would give vulnerable and traumatised refugees some of the comfort that they deserve. On that basis, I beg leave to withdraw the amendment.

Amendment 34 withdrawn.

Nationality and Borders Bill

Baroness Coussins Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Coussins (CB)]

My Lords, I want to draw attention to the damaging and disproportionate impact which some of the measures in the Bill would have on refugee women, particularly those who are fleeing from sexual violence. The Government have an admirable track record in highlighting the need to combat sexual violence across the world, so I very much hope they will think again about the unnecessary additional pressures on refugee women that would result from the Bill. I am grateful to the organisation Women for Refugee Women for its analysis of the potential harms of the Bill and note that it has sent an open letter to the Home Secretary signed by no fewer than 52 national and community-based organisations which have a wealth of practical experience of working with refugees and asylum seekers and a detailed understanding from individual casework of the particular challenges and trauma facing women who have fled sexual violence.

Will the Minister in her reply comment on three specific ways in which the Bill would exacerbate this trauma? First, women and girls may have good reasons for not claiming asylum via a regular route. They are less likely to enjoy the socioeconomic conditions or political or civil support in their country of origin which could enable them to organise to leave via a regular route, and so are more likely to face a penalty for claiming asylum under the arrangements set out in Clause 11. A safe third country where, under the new rules a refugee woman would be expected to remain and claim asylum, may well not be thought safe by her, especially if she is under the control of a trafficker and still vulnerable to further sexual violence or exploitation.

Secondly, I am very concerned that Clause 25 instructs the authorities deciding an asylum claim or appeal to give minimal weight to evidence provided late by the claimant, unless there is good reason. Existing Home Office guidance recognises that there are many reasons why women fleeing sexual or gender-based violence will not share relevant evidence at an early stage. This may be because of trauma, guilt or shame, or fear of family members or traffickers. There may also be issues connected with language and interpreting; if a woman in such a situation is provided with a male interpreter or an interpreter who has not had specific training in the sensitivities and vocabulary of sexual violence, the asylum-seeking woman is unlikely to be able or willing to describe what she has suffered.

The Home Office guidance makes it quite clear that late disclosure should not count against a woman’s credibility, and acknowledges that those who have been sexually assaulted or victims of trafficking may suffer trauma that can impact on memory and the ability to recall information. The provisions in this Bill on late evidence will only exacerbate those obstacles, so I ask the Minister to confirm the continuing status of the Home Office guidance and make it absolutely clear, if necessary by a simple amendment to the Bill, that late evidence relating to sexual violence will always be treated as being late for a good reason and will not disadvantage a woman’s asylum claim or appeal.

Thirdly, the experience of caseworkers on the ground suggests that it would be a huge and harmful mistake to concentrate asylum seekers in large accommodation centres. Holding women in isolated centres where they cannot access community support would be especially damaging for survivors of sexual and gender-based violence. Will Her Majesty’s Government comply with UNHCR guidelines on the protection of refugee women, which recognise that asylum-seeking women and girls have special protection needs against manipulation, sexual and physical abuse and exploitation, and against discrimination in the delivery of goods and services? This obligation must surely apply to accommodation and is reinforced by Article 60 of the Istanbul convention on reception procedures and support services for asylum-seeking women. They must not be expected or allowed to continue living in fear of sexual violence within accommodation centres, either through fear of men living in very close quarters or by being isolated in an environment that forces them to relive traumatic memories of the confinement or abuse from which they sought refuge in the first place. I hope that the Minister will be able to reassure me on all three concerns.

Windrush Compensation Scheme

Baroness Coussins Excerpts

Wednesday 24th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

First, I pay tribute to the noble Baroness and all that she has done for the Windrush generation. I totally agree with her that the scandal of it, which spanned several decades, and Parliaments and Governments of every colour, is indeed a stain on our history.

With regard to the evidence, we have designed the scheme to be as simple as possible, and its whole rationale is to pay compensation, as opposed to not paying it. So the scheme operates on the balance of probabilities, and we will work with individuals to support them to provide and obtain as much information as possible to support their claim. We want to make it easy, not difficult, for them to do so, so caseworkers will contact other government departments and third parties, such as previous employers, if necessary. In July, we published refreshed casework guidance that clearly sets out how caseworkers should apply the balance of probability and go about gathering that evidence. We want people to receive the maximum amount of compensation, not the minimum, to which they are perfectly entitled.

[Baroness Coussins (CB)]

My Lords, the noble Baroness’s Question refers to people who have applied to the compensation scheme, but what proactive action will the Government take to reach out and contact those who may be eligible to apply but still do not trust the Home Office and so have not put in an application yet?

[Baroness Williams of Trafford (Con)]

As I said previously in Questions about the Windrush scheme, we have reached out not just to communities where we think applications might be forthcoming but to communities and faith leaders overseas, because we want as many people to apply as are entitled to—not just entitled to but deserve—the compensation for their suffering. To go back to the noble Baroness’s previous question, moving the scheme out of the Home Office would risk significantly delaying vital payments to those affected.

Afghan Citizens Resettlement Scheme

Baroness Coussins Excerpts

Thursday 28th October 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said, 1,700 individuals, mostly from Operation Pitting, have moved into permanent local authority housing. Two hundred local authorities have pledged to support families, with a further 6,000 places in accommodation pledged. We are also seeing people matched with jobs, with over 200 of the cohort having been offered employment. The other thing I am keen to see, because it is very helpful in promoting integration, is community sponsorship; 120 community sponsorship schemes are already in place, and I would like to see that expanded.

On the specific question of interpreters placed, I will not give the noble Baroness a figure today because I do not have it—or, if I have it, I cannot see it in my notes. However, I will get her that exact figure.

[Baroness Coussins (CB)]

My Lords, can the Minister clarify whether Afghan nationals who were employed directly by or under contract to the British Council would qualify under the citizens resettlement scheme or under ARAP as the interpreters do?

Iraqi Interpreters

Baroness Coussins Excerpts

Thursday 14th October 2021 Lords Chamber

Asked by

[Baroness Coussins]

To ask Her Majesty’s Government what plans they have to grant visas to Iraqi interpreters who worked with British armed forces in Iraq.

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

My Lords, the Government owe a debt of gratitude to interpreters who have risked their lives working alongside UK Armed Forces. Iraqi interpreters were supported through the locally employed staff assistance scheme, which was established in 2007 and closed in 2016, during which time over 1,300 people were resettled here. Anyone now wishing to relocate to the UK may make use of the relevant routes in the wider immigration system, provided that they meet the requirements.

[Baroness Coussins (CB)]

My Lords, eight of our Iraqi interpreters had their personal data breached some months ago, making them more vulnerable than ever to the hostility of the Iraqi Government and Iranian-backed militia. I know that the MoD is certain that we were not responsible for any breach but, nevertheless, the interpreters have no access to our embassy and the online visa application form takes them to a message saying, “Page not found”. Will the noble Baroness agree that, with the US set to withdraw by the end of this year, and with the lessons of relocating Afghan interpreters so fresh in our minds, now is the time to be proactive, to upgrade the risk assessment and to allow these eight interpreters to come to safety in the UK?

[Baroness Williams of Trafford (Con)]

I agree wholeheartedly with the sentiment of the noble Baroness’s question, which is that anyone who helps us should in turn be afforded the right for us to help them. Obviously, Iraq and Afghanistan were two entirely different situations but, nevertheless, people can come through a number of routes. I know that the noble Baroness is in frequent contact with my noble friend Lady Goldie, from an MoD point of view.

Police, Crime, Sentencing and Courts Bill

Baroness Coussins Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Baroness Coussins (CB)]

My Lords, I want to raise some concerns about the provision of interpreters in our courts and to suggest a way in which this Bill could improve the service. I declare my interest as a vice-president of the Chartered Institute of Linguists.

I am very grateful to the noble Lord, Lord Wolfson, for meeting me after I raised these concerns in the debate earlier this year on the Queen’s Speech, and for his subsequent helpful and encouraging correspondence. I am sorry he is not in the Chamber today, because he has assured me that the MoJ is already addressing some of the shortcomings. I want to flag up a possible amendment to the Bill which I believe would help.

Part 12 already acknowledges the potential role of British Sign Language interpreters for jurors. Sign language is not my area of expertise, but it is not too much of a stretch to see that this part of the Bill would be the logical place for a simple amendment to lay down a specific requirement for minimum standards in the quality and qualifications of the spoken-word interpreter. Their role is already established in court proceedings, but all too often there is serious detriment to defendants, victims or witnesses—not to mention the taxpayer—when an unqualified, underqualified or inexperienced interpreter causes confusion rather than clarity, often leading to costly re-hearings or even the wrong verdict being overturned on appeal. I gave some examples of such cases in the debate I referred to earlier and will not repeat them here.

The question is: how can the current MoJ system be improved so that only competent and appropriately qualified interpreters are engaged? The criteria for inclusion in the MoJ’s list of approved interpreters currently fall short of either the requirements for the National Register of Public Service Interpreters or the excellent, more recently formed, police-approved interpreters scheme.

The noble Lord, Lord Wolfson, has kindly briefed me on the stakeholder forum which HMCTS and the MoJ have been holding. I would be grateful for an update on these discussions. In particular, is there any good reason why the MoJ should not adopt the same practice as the CPS and use only interpreters from the National Register of Public Service Interpreters, which would guarantee an appropriate level of qualification and significant experience of the court and justice system?

There is consensus among the specialist professional bodies that the Diploma in Public Service Interpreting at level 6 should be the minimum standard for any court interpreting work, alongside requirements for experience which acknowledge the variation in complexity of cases. The level 6 standard is supported by the National Register of Public Service Interpreters, the Chartered Institute of Linguists, and the Association of Police and Court Interpreters. There is also support for the National Register of PSIs to be the officially recognised register for court interpreters. Are the Government willing to look at these aspects of a proposed minimum standard being incorporated into the Bill, which I believe would improve trust and confidence in the system?

I have two more brief but connected points. First, I am aware of concerns that the supply chain for court interpreters might not be robust enough to meet the minimum standard requirement that I have outlined. It is true that well over 1,000 public service interpreters have abandoned court interpreting over the past few years because of poor and declining terms and conditions, not least the derisory pay rates. However, a determined campaign could bring these highly skilled professionals back into public service, not just with better pay but also much greater recognition of their status and skills, and could attract more new linguists into the field. Does the Minister agree?

Finally, it has been reported that an American venture capital firm recently took a majority stake in thebigword, the company contracted to provide language services for our courts. What, if any, impact assessment or due diligence was undertaken by the department, HMCTS or thebigword on any changes in service delivery that this change in ownership is likely to have?

I look forward to the Minister’s reply and hope that, if all my questions cannot be answered this evening, either she or her colleague, the noble Lord, Lord Wolfson, will be able to write to me.

Security Co-operation

Baroness Coussins Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, the UK is not seeking membership of Europol or Eurojust. That is not how third-country arrangements with these agencies work. We have not sought membership of either agency, but we are negotiating at what is clearly a very sensitive and late stage. In general, there is a good degree of convergence between what the UK and the EU have been seeking to negotiate.

[Baroness Coussins (CB) [V]]

My Lords, can the Minister give a clear assurance that, from 1 January, the police will continue to have unfettered access to the various EU databases which help them track and prevent transnational crime such as the trafficking of drugs, arms and people? Over 50 million requests are made of these databases every year from UK police forces. National security would clearly be at risk without access to them.

[Baroness Williams of Trafford (Con)]

I agree with the noble Baroness about our capabilities. We are in the very late stages of negotiating an agreement on law enforcement, criminal justice and, as she says, those data exchanges that are so important. I cannot say more than that, but we have had some very useful discussions in this area and I am hopeful of a good deal.

Visas: Visitors from Peru

Baroness Coussins Excerpts

Monday 16th November 2020 Lords Chamber

Asked by

[Baroness Coussins]

To ask Her Majesty’s Government what plans they have to remove visa requirements for visitors to the United Kingdom from Peru.

[Baroness Coussins (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as president of the Peru Support Group.

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

My Lords, there are no plans to change the visa requirements for citizens of Peru. Visas are a key part of the UK’s border and national security system. The UK keeps visa regimes under regular review. A visa regime does not set a higher bar; it merely changes where the decision is made.

[Baroness Coussins (CB)]

My Lords, the UK is now the largest foreign investor in Peru, and the Government agree that they should strengthen their engagement with the Pacific Alliance, of which two other members, Mexico and Chile, are visa free. The requirements for Peru inhibit business, academic exchanges and tourism. Out of enlightened self-interest, would the Minister agree that on all economic and security criteria it is time now to restore visa-free status to Peru or, at the very least, remove short-term visa requirements as recommended by the international relations committee report last year?

[Baroness Williams of Trafford (Con)]

My Lords, a visa regime is not necessarily a barrier to trade. We have really good trading relationships with many countries whose citizens require a visa to come to the UK. All non-EEA visitors to the UK are assessed against the same immigration rules, regardless of their nationality and whether there is a visa requirement. The processing times are very quick: 97% of non-settlement visa applications were decided within our 15-working-day processing time. As I have said before to the noble Baroness, we keep the regime under review.

Covid-19: Child Trafficking

Baroness Coussins Excerpts

Tuesday 29th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord will know that we have safe and legal routes. I say it time and again: we do not want children to make the terrible, perilous journey in those small boats to this country. It is also worth acknowledging that 65% of trafficking victims are in fact UK nationals.

[Baroness Coussins (CB)]

My Lords, access to EU police databases and co-operation with multilingual officers has been crucial in helping to track and prevent transnational crime, such as child trafficking. What assessment has been made of how the pandemic could compound the impact of our leaving the EU on access to these resources and personnel?

Asylum System

Baroness Coussins Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord will appreciate that the past nine months have been unprecedented in terms of being able efficiently to deliver certain things, including the outcome of asylum cases. I do not have the exact figure to hand—I can get it for him—but I would imagine that that process has slowed, given the Covid-19 restrictions we have all been living under.

[Baroness Coussins (CB)]

My Lords, why is the Home Secretary not willing to use the discretion she has to revert to the rates of financial support for asylum seekers which were abandoned in 2008, when support was set at 70% of income support levels for adults and 100% for children?

[Baroness Williams of Trafford (Con)]

I think the noble Baroness will know that, in discussion with the ONS and others, we have set that rate as the one we think appropriate.