Peru: Visa Requirements

Baroness Williams of Trafford Excerpts

Monday 4th June 2018 Lords Chamber

[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, the UK keeps its visa system under regular review. Decisions on changes are always taken in the round and reflect key facets of the bilateral relationship with the country concerned. These will vary globally but often include security compliance, returns, reciprocal arrangements for UK nationals and prosperity.

[Baroness Coussins]

My Lords, it is encouraging to hear that there is some degree of flexibility in the visa review process, especially as most other Latin American countries do not need a visa to come to the UK. The Schengen area lifted its visa requirements for Peru in 2014, which has resulted in a huge disparity in visitor numbers, with only 4,014 Peruvians coming to Britain last year compared with over 204,000 going to the Schengen countries. Does the Minister agree that the economic disadvantage to the UK in revenue from tourism alone means that there is now every good and logical reason to lift the visa requirement for Peru, especially as we plan to expand our trade and investment links with Peru after Brexit and are promoting closer links between our universities?

[Baroness Williams of Trafford]

My Lords, a visa regime is not a barrier to trade. We have excellent trading relationships with many countries whose citizens require a visa to come to the UK such as China, India, Turkey and the UAE. All non-EEA visitors to the UK are assessed against the same immigration rules regardless of nationality and whether there is a visa requirement. The only difference is where the assessment is actually made. I can attest to the noble Baroness that our visa service is excellent: the processing time is less than eight days, and 97% of non-settlement visa applications were decided within our standard 15-working-day processing time. To return to the noble Baroness’s original Question about whether we will think again about Peru, as I have said to her, we will keep these things under regular review. I know the Foreign Secretary has had talks with Peru on trade, unveiling several infrastructure programmes that the UK is supporting.

[Lord Purvis of Tweed (LD)]

My Lords, on an IPU visit to Peru last year the Minister for Trade and Tourism told me that the inward trade delegation from Peru to the UK was disrupted because of the visa complications at the British end, which I am afraid contradicts what the Minister has just told the House, and that does not seem to be an isolated incident. At the same time as the United States seems to be raising trade barriers and making it more complicated for us to trade, countries such as Peru are an ideal opportunity to enhance British direct trade and the visa regime is part of the difficulties that many businesses face. Given the Home Secretary’s announcement yesterday of a review, is Peru not a perfect example of a case study to be included in the Home Secretary’s review about how we could be facilitating a better regime?

[Baroness Williams of Trafford]

I am sure my right honourable friend the Home Secretary will be considering all situations in the round. I am dismayed to hear about any visa complications that might have been experienced by the Peruvian delegation to the UK. Obviously I will not discuss single cases on the Floor of the House but if the noble Lord will give me the details then I will look into it. I know the Foreign Secretary has signed a treaty on the mutual recognition of qualifications, which will facilitate greater exchange of people and opportunities for students from both the UK and Peru. He himself has heralded a developing and intensifying relationship between the UK and Peru that will enable both countries to save endangered wildlife, help to promote the education of women and girls and build our common prosperity.

[Lord Howell of Guildford (Con)]

As the Minister has raised the issue of reviewing global visa policy generally, is she aware that the visa policy for senior business visitors to this country, investing in this country or operating here, leaves very much to be desired, not just for Peru and Latin America but across the whole world? Is she particularly aware that in the case of Japan—I declare an interest as in the register on the Japanese situation—very senior Japanese investors coming here, and Japan is one of the major investors in this country, have found that since the Brexit referendum their delays at Heathrow have increased from one hour to anything up to two hours? This is madness and the reverse of what we should be doing. Could she review it and pass on the need for a review to her colleagues quickly?

[Baroness Williams of Trafford]

I shall certainly take back what my noble friend has said—what the noble Lord, Lord Purvis, said certainly triggered alarm bells for me. I shall take back the points made by my noble friend and the noble Lord, get an answer and write to them.

[Lord Foulkes of Cumnock (Lab)]

My Lords, notwithstanding Peru’s lucky victory over Scotland at football last week, I support everything that the noble Baroness, Lady Coussins, said. I was astonished on a recent visit to New Zealand to find that some visitors from New Zealand, of all places, still require visas. What is the Minister doing about that?

[Baroness Williams of Trafford]

I will personally look into that, but of course there are certain countries where visas are required. As I said to the noble Baroness—I totally understand the point that she makes—we keep these arrangements under review on a regular basis.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, can the Minister confirm that visitors from Peru and all other non-EEA countries are required to complete a landing card on arrival in the UK and present it to a Border Force officer? Can she further tell the House what the Border Force and the Government do with all the data collected?

[Baroness Williams of Trafford]

I think the noble Lord is absolutely right about landing cards: that anyone from a non-EEA country will present a landing card. Landing cards are for statistical purposes, in the main. They are not stored in a warehouse somewhere, they are destroyed soon after.

Homosexual Activities: Pardons

Baroness Williams of Trafford Excerpts

Thursday 17th May 2018 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and refer noble Lords to my entry in the register of interests.

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

My Lords, the Government are committed to tackling the historic wrongs suffered by gay and bisexual men and are actively considering with partners possible extensions to the list of offences eligible for a disregard or pardon in line with commitments made during the passage of the Policing and Crime Act 2017.

[Lord Cashman]

My Lords, before responding, I congratulate the Government on flying the LGBT rainbow flag from government buildings on this, the International Day Against Homophobia, Biphobia and Transphobia. I cannot help but reflect that the country is a very different place from the one where, 30 years ago, Section 28 was introduced.

I know that the noble Baroness is deeply committed—and so, too, are officials—but I am extremely frustrated that, 17 months ago, this House passed provisions to enable the Protection of Freedoms Act 2012 to be amended so as to extend the disregard scheme in England and Wales. These provisions have not been used and, as a consequence, gay and bisexual men continue to live with convictions and criminal records, which blight their lives and futures, and for which there is a human cost. Therefore, will the Government use the power that they have to end the misery still inflicted by old homophobic laws and set up a task force to address these provisions? Will the Minister commit to return to the House with a timetable to implement the provisions?

[Baroness Williams of Trafford]

As the noble Lord knows, I totally share his frustration. I also note that he has spotted the flags flying on government buildings today for what is strangely known as IDAHOBIT day—the International Day Against Homophobia, Biphobia and Transphobia. I also share the anxiety that there are still people today who are being discriminated against and losing their job because of discrimination. As he knows, we abhor discrimination of any kind. He knows that I am pressing for a parliamentary timetable, and I want to continue to work with him in terms of looking at those laws—some of which are more complex than others—to try to disaggregate and deal with some of the outstanding matters.

[Lord Lexden (Con)]

Does my noble friend recall that she brought forward amendments to the legislation extending the availability of posthumous pardons to those who served in the Navy, and undertook that they would be extended for soldiers, too, but stated on 19 December 2016 that,

“we are continuing to research this issue”.—[Official Report, 19/12/16; col. 1477.]

Is she aware that the Ministry of Defence seems to have made little or no progress with the research? Finally, does she agree that the forthcoming introduction of posthumous pardons in Northern Ireland is to be warmly welcomed—even though, sadly, gay people in the Province still await the introduction of same-sex marriage?

[Baroness Williams of Trafford]

On the issue of the MoD and some historic service offences, we are in discussions with the MoD as well as representatives of the Army, Navy and Air Force to define the criteria to allow these disregards where appropriate. But I share my noble friend’s frustration. It has not been a quick process. We are doing everything that we can to expedite this is quickly as possible and I am keen to work with noble Lords to this end.

[Baroness Barker (LD)]

The Minister is absolutely right: it has not been a quick process. In fact, decriminalisation has taken 50 years in this country. Therefore, will the Government put together some recommendations for other countries that are starting out on the process of decriminalisation that would help them bring about the change they want in much less time? In particular, following on from the point made by the noble Lord, Lord Lexden, will she engage the military and the police, which have been important actors in the whole process of decriminalisation?

--- Later in debate ---

[Baroness Williams of Trafford]

Of course the noble Baroness is right to say that historically the military and the police have been seen as prejudiced organisations in terms of homosexuality. On other countries, I know that the Prime Minister and the previous Home Secretary were in talks with Commonwealth Heads of Government during the recent CHOGM to try to progress this issue in other countries. She talked about decriminalisation, which is now 50 years old. In fact, IDAHOBIT Day is recognised today because it is 28 years ago today that the WHO sought to remove homosexuality from the international classification of diseases. Some 28 years on, it is almost inconceivable that it could ever have been classified as a disease.

[Baroness Chakrabarti (Lab)]

My Lords, your Lordships’ House has come a long way on this subject since some of the unedifying debates that led to the equalisation of the age of consent about 10 years ago. I sat over there as a young Home Office lawyer and blushed a lot. I am so grateful to the Minister for her frustration and I am sure that she will join me in paying tribute to Stonewall and my noble friend Lord Cashman for everything that he has done in this area. But what is the hold-up? Who or what is the impediment to the early commencement of these provisions?

[Baroness Williams of Trafford]

I certainly join the noble Baroness in paying tribute to Stonewall and to the noble Lord, Lord Cashman, as well as to the noble Baroness, Lady Barker, the noble Lord, Lord Paddick, and others who have helped in such a constructive way to try to make progress on this issue. The hold-up is in part the result of having to establish the framework for some of the more complex legislation in this area. While on the face of it the legislation does not look complex, some of the laws are complex. The other thing, in this Brexit world that we in Parliament live in, is actually securing parliamentary time—but there is no lack of will on my part and I am trying to progress this as quickly as possible.

Immigration Applications

Baroness Williams of Trafford Excerpts

Wednesday 16th May 2018 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what steps they are taking to improve the assessment of immigration applications by UK Visas and Immigration, given that 40 per cent of immigration appeals heard by the Immigration and Asylum Tribunals in 2016 were granted.

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

My Lords, UKVI is focused on improving the quality of all decision-making. While appeals are allowed for a variety of reasons, and many of the appeals being heard are now fairly historic, we recognise that continued improvement is necessary. That is why investment is being made via a stronger assurance regime, better and more frequent training, strengthened feedback loops, and creating new governance and structures. Additionally, we are working with Her Majesty’s Courts and Tribunals Service on reducing the number of outstanding appeals and the time taken through the appeals system.

[Lord Roberts of Llandudno (LD)]

I thank the Minister for her response, but this whole scenario shows that we are in a very desperate situation. For instance, I was told by the Minister that, in 2005, 17% of decisions went to appeal. That was 13,221 decisions. By 2016 this had doubled to 40%. That means that 40% of folk were dissatisfied and, on appeal, won. I imagine that, over the past 10 years, we have had perhaps 200,000 successful appeals. Does this situation not undermine confidence in the Government and in the initial decision system of the immigration process? Is it not time that we did something about this? Forty per cent is not something to be played about with. Can I ask another question?

--- Later in debate ---

[The Countess of Mar (CB)]

My Lords, may I ask the Leader of the House to read out what it says in the Companion about Questions at Question Time?

[Baroness Williams of Trafford]

I do not have the Companion with me, so I will leave that for another time. The noble Lord rightly makes a point about the number of appeals increasing. Actually, they went down slightly in the past year, but the number of applications is increasing over time and that is something to be mindful of. He also asked about better decision-making. I have several things to say about that. First, the average age of appeals being determined by the First-tier Tribunal is, according to HMCTS statistics, 50 weeks. That is a considerable length of time. The latest data on win rates is certainly not where we would like it to be.

Appeals are allowed for a variety of reasons. Often it is because new evidence is presented before the tribunal that was not available to the decision-maker at the time. Often, the information is presented very shortly before the hearing and too late for the Home Office to withdraw the case. But one specific reason for the higher rate of allowed appeals is that many cases going through the appeal system are now quite old. The average age of a human rights case is over a year. In that time, often appellants have built up new rights.

[Baroness Lister of Burtersett (Lab)]

My Lords, given that we heard on the news last night that over 60 of the Windrush generation may have been wrongly deported, and the recent observation of the UN special rapporteur that shifting from the rhetoric of a hostile environment to one of a compliance environment will have little effect if the underlying legislative framework remains intact, will the Government now review that legislative framework as a matter of urgency?

[Baroness Williams of Trafford]

I will refer to the cases that the noble Baroness asked about—63 people who may have been wrongly deported. As the Home Secretary said, the department has been checking records back to 2002, some 16 years ago, when electronic records began, looking at all removals and deportations of Caribbean nationals aged 45-plus. So far, 63 cases have been identified where Caribbean individuals could have entered the UK before 1973. This means that, of the 8,000 total deportation and administrative removal records that came up, so far there is a focus on 63 because something in their record indicates that they could have entered before 1973. Of those, there are 32 foreign national offenders and 31 administrative removals. So it does not mean that 63 people have been wrongfully removed or deported; it is the number of cases that merit further investigation. But I thank the noble Baroness for bringing that point up.

[The Lord Bishop of St Albans]

My Lords, there has been much discussion about targets for the number of removals over the past few weeks, which we are all aware of. As the average length of time that these appeals are taking is increasing, is it not the case that we need some targets to reduce the length of time, because people are being left in limbo with their lives on hold as these are going through?

[Baroness Williams of Trafford]

The right reverend Prelate is absolutely right to point out what we are endeavouring to do, which is to reduce the amount of time that people spend in limbo, to use a Christian term, while their appeals are heard or indeed while their cases are heard. I thank him for making that point. It is what we are endeavouring to do.

[Lord Kirkhope of Harrogate (Con)]

My Lords, is it not correct that, from time to time, we review the criteria that are applied in the appointment of tribunal chairmen and members? Will my noble friend indicate whether that review has taken place recently and what the basic criteria are for appointing the chairs of tribunals?

[Baroness Williams of Trafford]

My noble friend is absolutely right to make the point about the review of tribunal members. I cannot tell him when the last review was, but I certainly will write to him.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, what does the Minister think is the reason for the increasing number of appeals?

[Baroness Williams of Trafford]

I think I tried to explain that to the noble Lord, Lord Roberts. It is noticeable that one of the specific reasons for the higher rate of allowed appeals is that many of the cases going through the appeals system are very old. As I said to the noble Lord, Lord Roberts, the average age of a human rights case is over a year, and appellants have often built up new rights over that time.

Asylum Seekers

Baroness Williams of Trafford Excerpts

Tuesday 15th May 2018 Lords Chamber

[Lord Beecham]

To ask Her Majesty’s Government what measures are in place to ensure the safety and well-being of asylum seekers during periods of detention in the prison system and during their removal from the United Kingdom.

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

My Lords, the dignity and welfare of those in our care is of the utmost importance and we accept only the highest standards from those who manage the detention estate. Detention and removal are essential parts of effective immigration controls and it is vital that they are carried out with dignity and respect. We are working with our new escorting contractor, Mitie Care and Custody, to ensure that appropriate focus is placed on welfare considerations during removal from the UK.

[Lord Beecham (Lab)]

My Lords, this Question is prompted by a report from Her Majesty’s Chief Inspector of Prisons, which related that there were 80 staff members on a flight organised by a subsidiary of Capita in which 23 asylum prisoners were being deported, 22 of whom were placed in waist restraints that were neither necessary, proportionate nor reasonable, in the inspector’s view. Bad language was used and the only female detainee was forced to use the toilet with the door open. How many more cases of mistreatment of prisoners and asylum seekers by the private companies engaged by the Ministry of Justice and the Home Office to run our prison and asylum services will Her Majesty’s Government tolerate before terminating their contracts and taking the service back in-house?

[Baroness Williams of Trafford]

My Lords, I stress that the Government do not have a dogmatic approach to contractors where private is bad and public, or in-house, is good. It is important that the companies that we contract with meet the standards that we set when we engage them. A service improvement plan will be issued shortly. All escorts are fully trained in HOMES techniques—that is, the Home Office Manual for Escorting Safely—and they undertake regular refresher training courses. For the new contractor, which started on 1 May, we will revisit some of the assessment processes and the use of de-escalation techniques.

[Baroness Hamwee (LD)]

My Lords, have we forgotten Jimmy Mubenga? The coroner who inquired into his death during his removal recommended that the Home Office and the Ministry of Justice,

“rigorously review the approved methods of restraint, and specifically the use of force in overseas removals”,

and mentioned,

“appropriate techniques and bespoke training packages”.

The Minister just mentioned training but it does not sound as though it has taken. In this case, the Chief Inspector of Prisons said:

“What we found was pre-emptive and excessive use of restraints that was indicative of poor operational practice and inadequate management”.


Will things change?

[Baroness Williams of Trafford]

The noble Baroness will appreciate that I will not talk about individual cases, but she is absolutely right that the dignity and welfare of all people in our care is of utmost importance. Physical force should be used only after a thorough risk assessment and in consideration of each individual’s personal circumstances. Restraints should be removed at the earliest opportunity. Home Office contractors, including escorting staff, are expected to behave in a professional, calm and measured way at all times. The Home Office uses all reports resulting from use of force monitoring reviews to ensure that techniques are used proportionately, are justified and are used for the minimum period required. As I told the noble Lord, Lord Beecham, a review of dynamic risk assessment processes and the use of de-escalation techniques will be undertaken by the Home Office and the new escorting provider.

[Lord Green of Deddington (CB)]

My Lords, does the Minister accept that there is a much wider issue here? The ability to remove immigration offenders, including failed asylum seekers, is vital to the credibility of the entire immigration system. None of that excuses some of the behaviour in the report, as referred to by the noble Baroness, Lady Hamwee, but let us keep our eye on the ball. There is a wider issue here, but we need to clean up the actual mechanics.

[Baroness Williams of Trafford]

The report in question focuses on third country removal charter flights, but the noble Lord is nevertheless absolutely right that while people should be treated properly and humanely, with risk taken proportionately, we have to ensure immigration removal for those who should not be here.

[Lord Harris of Haringey (Lab)]

The noble Baroness told us in answer to the question from the noble Baroness, Lady Hamwee, that there is an automatic reporting system when force is used. In the cases that have come to light from Her Majesty’s inspectorate, how many of those reports of force being used were received by the department and was the force considered proportionate by the department? What does the Home Office do when it receives these reports?

[Baroness Williams of Trafford]

The noble Lord will know that the report was produced just today. On the proportionate use of force, I have recognised that use of de-escalation techniques will be reviewed. That will be undertaken by the Home Office and the new provider. I do not have the numbers before me but I can certainly ask and get them to the noble Lord.

[Lord Scriven (LD)]

My Lords, Her Majesty’s inspector’s report says:

“Clearly, some senior-level intervention is required to ensure that the situation is rectified without delay”.


Who is the most senior person in the Home Office dealing with this? What criteria have been laid down for the new provider, which will be signed off by that senior person, to ensure that this can never happen again?

[Baroness Williams of Trafford]

The noble Lord is absolutely right to point out that this sort of thing should never happen again. I assume the most senior member is the most senior management person within the detention estate who organises these things. I do not have that sort of detail before me. I hope the noble Lord will appreciate that I have had very short notice of this Question. I am not trying to avoid his question. I will get back to him in writing.

[Lord Marlesford (Con)]

My Lords, that exchange of questions illustrates perfectly the point I want to make. This is yet another example of the incompetence of the Home Office in not being able properly to supervise the performance and activities of its subcontractors. This is not a major management problem. If the Home Office really cannot manage that then truly, as a noble Lord who is a former Home Secretary said, it is not fit for purpose. What is it going to do about it?

[Baroness Williams of Trafford]

I just explained that a service improvement plan will be released very shortly. We always have to learn from events such as this and make sure that we improve our processes and treat people properly.

[Lord Roberts of Llandudno (LD)]

My Lords, what arrangements are there so that when someone is deported to another country they will be welcomed or at least have some sort of support when they get to their new destination?

[Baroness Williams of Trafford]

It might be helpful to the noble Lord if I say that the individuals we are referring to in the report are third country removal individuals on charter flights back to countries in Europe. These people are from all over the world. They came to Europe using the Dublin regulations but they have found themselves here. I do not think that the question that the noble Lord asks is particularly relevant to this situation.

[The Lord Bishop of Durham]

My Lords, would the Minister agree that this case supports why we need to develop alternatives to detention as a matter of priority?

[Baroness Williams of Trafford]

The right reverend Prelate is absolutely right that detention is used only when all other methods of removal have failed. Detention should be used rarely, not commonly. It is not used where someone willingly leaves the country.

[Lord Berkeley (Lab)]

My Lords, given the questionable reputation of the Home Office on these issues going back many years, many of us would question whether its review of procedures that the Minister mentioned will be independent. Would it not be better if a more independent body did these reviews, maybe including Her Majesty’s inspectorate?

[Baroness Williams of Trafford]

That is a very apposite question. In fact, we will work with HMIP to scrutinise, first, what happened and, secondly, how things can be improved.

Creditworthiness Assessment Bill [HL]

Baroness Williams of Trafford Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 11th May 2018 Lords Chamber

In his powerful contribution, the noble Lord, Lord Best, talked about Generation Rent. We do not want that; we want generation home and we want to give as many opportunities as possible for that to happen. That is why the Government have announced £15 billion as an overall housing package to make that a priority. I am delighted that my noble friend Lady Williams has joined me on the Front Bench. She is now a Minister at the Ministry of Housing, Communities and Local Government. No?

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

I was.

[Lord Bates]

You were? I am sorry.

That is why we now have a Secretary of State for Housing, Communities and Local Government. With all these points I am trying to set out that we do not believe that this Bill is the right way forward because it is too prescriptive in its approach. The amendments cut across the purpose and effect of the Bill so we do not support them either. But we are mindful of the importance of the responsibility to act in this area and we are doing that in a whole range of areas, as I have outlined to the House today.

Refugees (Family Reunion) Bill [HL]

Baroness Williams of Trafford Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 11th May 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I rise to make clear that I do not support the amendment moved by the noble Lord, Lord Marlesford. Though I like and respect the noble Lord very much, I cannot support him in his amendment today. I very much support the contribution from the noble Baroness, Lady Hamwee, who set out very carefully and clearly why the amendment should be resisted, as did all other noble Lords who have spoken, including my noble friends Lady Lister of Burtersett and Lord Dubs.

I would understand the speech by the noble Lord, Lord Marlesford, a bit more if this Bill were saying that any refugee granted status to stay in this country could bring family members to the UK, but it does not say that at all. It says that they may make an application. I am sure that the noble Baroness, Lady Williams of Trafford, will assure the House that when somebody makes an application to the Home Office, there are some very robust procedures in place. It is not a free for all. I am sure that she will tell the House that, as she will be very well aware of what you have to go through to get an application to enter this country. We discuss matters about the House Office almost every week in this House, and sometimes many times a day. We do not normally say that it is a free for all at the Home Office and that it is far too lenient; we often say quite the contrary about how it operates and can sometimes be very frustrated about the environment at the Home Office, which we think can sometimes be a bit harsh in how it deals with people. I am sure that the Minister will mention more on that.

I also very much agree with the comments of the noble Baroness, Lady Sheehan, who talked about migrants. I am very well aware that the Minister is a migrant herself; she came from Ireland as a child. I am the eldest son of a migrant; my parents also came from Ireland to find work here. I am sure that we would find that many others here are the children or grandchildren of migrants. Migrants have made a very great contribution to our country. They have done wonderful things here and made our country a much better place. I therefore do not support the amendment today, and I hope that the noble Lord will withdraw it in due course.

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

My Lords, I start by thanking the noble Baroness, Lady Hamwee, for her continued, insistent interest and support for changes to the family reunion immigration rules and I reassure noble Lords that I have listened, and will continue to listen, to the many thoughtful and very compassionate contributions that we hear in this House every day. I would also like to acknowledge the work of the NGOs whose support of the proposed changes have provided valuable insight and constructive challenge on this issue. It should go without saying, but I will repeat it because it is a crucial point: individuals and communities—which of course includes refugees—who have made their home here over generations have always been and will continue to be welcome. They provide an invaluable contribution to our social, cultural and economic life.

It is worth briefly reflecting on how much this Government have done, particularly in the region, but also here at home, to help refugees from countries such as Syria. We are on track to resettle 20,000 refugees from Syria and a further 3,000 children and families from the wider MENA region. We have also committed £2.46 billion of humanitarian aid to the Syrian conflict. I also want to provide some context. The noble Baronesses, Lady Hamwee and Lady Lister, said that we have had few grants of leave outside of the rules. If I go back to 2016, after listening to concerns about how the provisions for leave outside the rules operated, we introduced changes to clarify our guidance. This now makes clear that the policy will apply to adult dependent sons or daughters aged over 18 living in conflict zones. Around 65 visas for leave outside of the rules have been granted over the last three years. We are working to ensure that this policy works as well as possible in practice. In 2010, the UK resettled around 750 recognised refugees. Last year alone, we provided 6,000 people with protection under our resettlement schemes, around half of whom were children. These are the most vulnerable families, who have been safely and securely resettled and supported in rebuilding their lives. As the noble Baroness, Lady Lister, and other noble Lords said, these are human beings and not numbers.

--- Later in debate ---

[Baroness Hussein-Ece (LD)]

I have been listening carefully. Is the Minister aware that Germany has admitted 1 million Syrian refugees and has just passed legislation very similar to that put before us today by my noble friend Lady Hamwee? Crime there has gone down, unemployment has gone right down and its economy is booming. How does the Minister respond to that?

[Baroness Williams of Trafford]

I recognise totally what the noble Baroness says and what Germany has done. It has caused problems in Germany, and what the Government of the time decided to do has caused integration challenges. But I recognise exactly what the noble Baroness says. I have not mentioned crime or unemployment today; I was simply talking about infrastructure such as public services. I was not going there and I would not want to. I know that the noble Baroness is a very compassionate person indeed.

I have lost my place. I was talking about the extended family reunion rights for British citizens. I will now move on to another point, which I have also lost. I am very glad that the noble Lord is about to intervene.

[Lord Kennedy of Southwark]

The Minister said a moment ago that the Bill would allow many thousands of people to come to the country, but all it does is to allow them to make an application. There is quite a distinction between those two things. Perhaps she could confirm that.

[Baroness Williams of Trafford]

The noble Lord is absolutely right, and I also said that it is difficult to estimate. Of course people could make applications, but they would be doing so under the legislation we have passed. However, I made the point that it is quite difficult to get exact numbers.

I recognise the potential implications of the Bill highlighted by the amendment tabled by my noble friend Lord Marlesford, which would seek to limit the number of family members that could be granted leave under the Bill to a maximum of two. It is a recognition of the wider impacts the Bill may have. As I think every noble Lord mentioned, it could have a divisive effect on families and on the people in the position of having to make those awful decisions. While the current provisions are more narrowly defined in terms of family members who may qualify, this is not limited to a specific number of individuals. I think that is why noble Lords probably took issue with my noble friend’s amendment. This clearly demonstrates the complexities around this issue and why it requires careful consideration, which is what the Government are doing.

My noble friend Lord Marlesford talked about the Home Office being corrupt, which is quite a strong allegation. He then moved on to the capacity of the Home Office—what has the Home Office done to improve vetting and recruitment procedures? The noble Lord, Lord Kennedy, helpfully pointed out that for anyone to get through the Home Office procedures involves a very rigorous process, which is why I am at this Dispatch Box so much, now almost every day of the week, including Friday. As regards vetting in the Home Office, it follows the Cabinet Office vetting process, which is standard across Whitehall. All Home Office staff are bound to adhere to the Civil Service Code, and the Home Office is determined to uphold the highest standards for our staff.

We have all seen the tragic consequences for people, and particularly the terrible sight of unaccompanied children who take dangerous journeys, most likely in the hands of traffickers. While I fully commend its intention, the Bill is likely to place in danger an increased number of those people it seeks to protect. I have not mentioned the P word, because I do not want to dismay the noble Baroness or the noble Lord, but I hope that the noble Baroness will recognise the point I am making. Rather than refugees seeking protection in the first safe country they reach, the Bill creates a perverse incentive for them to make perilous journeys to the UK in the hope of subsequently bringing their family here. We must ensure that we do not put more children in harm’s way, and we are doing this already through resettlement of children and their families direct from the region. We know that policy changes can and do have an impact—

[Lord Kerr of Kinlochard]

The Minister got just too close to mentioning the unmentionable. Is it really plausible that, say in Idlib, if it is under siege in six weeks’ time, the family sits around the dining table, pick a child and tell it that it must set off across the battle lines and the Mediterranean, to try to get into England so that it can then pull the family into England? That is implausible. We are talking about refugee reunion and about children. We really must stop talking about this wildly implausible pull factor. They come here to escape being killed; they do not come here in order to become a magnet for the rest of the family.

[Baroness Williams of Trafford]

I do not dispute a word of what the noble Lord says—that people’s intention in coming here is to flee the terrible things happening in their countries. I am saying that we have all seen the horrible pictures of children who have made these journeys and have either died or got themselves into terrible danger on the way. We talk about this often.

[Baroness Sheehan]

Is the Minister aware that the independent inquiry of the Human Trafficking Foundation in July last year found exactly the reverse of what she said? It found that the fewer safe and legal routes there are to process asylum seekers and refugees, the more power the smugglers have.

[Baroness Williams of Trafford]

I am slightly confused by what the noble Baroness is saying. I do not think that anyone would dispute that a child sent across the Mediterranean is very vulnerable to traffickers. I will give an example of what I mean by that. Immediately following the recent UK-France Sandhurst summit and the press reports suggesting a further transfer of minors to the UK, the number of children arriving in Calais more than doubled, from 59 to 137. There is no disputing that children who travel alone like that are in danger from all sorts of unintended consequences of our wanting to give them support and refuge. Although civil war or persecution is the absolute deciding factor in whether an individual flees their country, as the noble Lord, Lord Kerr, said, it does not explain the decisions made in undertaking dangerous secondary movements.

This Government have invested significantly in supporting the most vulnerable refugees through our resettlement programmes. These are safe and legal routes to protection and are designed to keep families together without the need for migrants to embark on dangerous journeys or to put their children in the hands of criminals who exploit them. We should not create potentially perverse incentives outside of those schemes, as this Bill proposes.

Nor must we lose sight of how the family reunion policy fits within wider asylum and resettlement work. I am glad to see the noble Lord, Lord Dubs, in his place, because that includes implementing Section 67 of the Immigration Act 2016. The Government have committed to the transfer of 480 unaccompanied children from Europe to the UK under Section 67. Over 220 children are already here and transfers are ongoing. This is in addition to current commitments under the Dublin regulation. Work continues with member states and relevant partners to ensure that children with qualifying family in the UK can be transferred quickly and safely to have their asylum claim determined in the UK.

There has been much debate about what will happen after we leave the EU if the family reunification provisions under the Dublin regulation are no longer available. Retaining the family reunification provisions of the Dublin regulation post EU exit was the subject of the recent amendment to the European Union (Withdrawal) Bill tabled by the noble Lord, Lord Dubs. I state again that the Dublin regulation does not confer immigration status; it is a mechanism for deciding the member state responsible for considering an asylum claim. Anyone transferred under the Dublin regulation will be expected to leave the UK if they are found not to need protection. The family reunion rules will continue to enable immediate family members to reunite safely with their loved ones in the UK, regardless of the country in which those family members are based.

Finally, the Bill makes provision for legal aid to be reinstated for family reunion cases. The Government are currently undertaking a comprehensive review of legal aid reforms, including an assessment of the changes to the scope of legal aid for immigration cases. The review will report later this year. It is important that we do not introduce legislation that pre-empts the outcome of that review, which needs to run its course.

--- Later in debate ---

[The Earl of Listowel]

My Lords, again before the noble Lord responds, is it not right to pay tribute to the caseworkers? This debate has highlighted the immense challenges they face in making their judgments. Does the Minister not agree that it is right for us to pay great tribute to their work? Can she assure the Committee that, when she looks at capacity in the Home Office, she will ensure that those caseworkers get all the emotional support and time they need to reflect on their work so that it does not overburden them, perhaps contributing to the poor outcomes from casework that we occasionally see?

[Baroness Williams of Trafford]

My Lords, the Home Office often comes in for negative comments, so it is always nice to hear noble Lords pay tribute to the dedicated staff who work tirelessly for the right reasons and for the right outcomes for the people who apply. I look forward to the analysis of the noble Baroness, Lady Hamwee.

[Lord Marlesford]

My Lords, I thank all noble Lords who have taken part in the debate. I think we all agree that underlying the Bill are the humane intentions which we all support. Every example given was fully valid and I support them all. However, the fact remains that the Bill removes from the Home Office the powers and opportunities to control the total number of people who come into the country. I have indicated that I have a pretty low opinion of the Home Office’s capacity in this respect, but the right reverend Prelate put his finger on this point, which I mentioned in my speech: the only ground on which an application can be stopped by the Secretary of State is that of national security.

As the noble Lord, Lord Kerr, said, applications are available, but if there is no government check—the Bill explicitly and deliberately removes the government check—and if the Government do not have the ability to make the final decision, which of course is subject to every sort of lobbying and debate and all the rest of it, you are abrogating the overall control of immigration which I believe the people of this country would always insist upon. That is the fundamental error of the Bill.

My amendment was merely intended to draw attention to this and to reduce the possible number. I have said already that I thought 100,000 would probably be too many to be allowed in, but the Government must take on more clearly a policy on how many people and in what circumstances because I am by no means sure. The Government have always said that they want the brightest and the best, and that must be right for the country. None the less, there are strong humanitarian arguments for individual refugees to be able to be reunited in this country with their families. But it is about the way in which that is done and the avoidance of it being sidetracked by those with less creditable motives. It is important that we safeguard against that, and the only people who can do so are the Government and the Home Secretary.

There is a deep flaw in the Bill, but, equally, it has been worth while, and I hope that this has been a worthwhile debate. I beg leave to withdraw my amendment.

Children: Gangs

Baroness Williams of Trafford Excerpts

Thursday 10th May 2018 Lords Chamber

[Baroness Kennedy of Cradley]

To ask Her Majesty’s Government what action are they taking to stop children being recruited into gangs.

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

My Lords, the Government’s Serious Violence Strategy was launched on 9 April. The strategy sets out our response to serious violence, including gangs, and focuses in particular on the importance of early intervention to provide young people with the skills and resilience to lead productive lives, away from crime and violence.

[Baroness Kennedy of Cradley (Lab)]

My Lords, the Serious Violence Taskforce has had its first meeting, and I am pleased to see that it focused on county lines activity. However, many people are concerned that the strategy section on county lines is quite limited, with few new commitments and very little on safeguarding. As we know, thousands of children, some as young as 12, are trafficked and enslaved by county lines gangs. They need safeguarding; moreover, their evidence is critical in securing convictions. Why does the Serious Violence Taskforce have no representation from the anti-trafficking sector, and why is the Children’s Commissioner on the task force but not the Anti-Slavery Commissioner? Can this oversight in membership be corrected, and can the Minister give the House assurances that the new national county lines centre will focus as much on safeguarding as it plans to do on law enforcement?

--- Later in debate ---

[Baroness Williams of Trafford]

The noble Baroness asks several questions, but perhaps I can encompass them all into one answer and say that she gets to the nub of the problem: county lines are, as she rightly points out, all about exploiting vulnerability. We are undertaking a national awareness-raising communications exercise on the threat of county lines targeted at young and vulnerable people, and on how to avoid becoming involved in, and exploited by, gangs. We are also working closely with organisations such as Redthread and St Giles Trust, which work with children at the teachable moment—for example, if they arrive at A&E with violence-related injuries—to provide an alternative route out of a lifestyle of violence. Additionally, we are working across government departments, such as the Department for Education and the Department of Health and Social Care, to ensure that key partners in those professions are trained to spot and refer young people involved in county lines. The noble Baroness will appreciate that this is a multi-agency cross-government issue.

[The Earl of Listowel (CB)]

My Lords, are the Government looking at the status of youth work, and at a strategic plan to raise that status and ensure that in future there will be consistent funding for youth work, so that it is seen as a good career? Historically, youth work has suffered from booms and busts in funding, which, I would suggest, is very unhelpful.

[Baroness Williams of Trafford]

The noble Earl is right to point out that youth work is a crucial part of tackling this area. The Government continue to back the growth of the National Citizen Service, which is delivered through a network of 300 local partners, more than 80% of which are in the public or voluntary community and social enterprise sectors. The Government recently published guidance for local authorities on how they can maximise the benefits of the NCS within local strategies. In addition, the Department for Digital, Culture, Media and Sport, the Department for Education, the Department for Work and Pensions and the Big Lottery Fund will make available £90 million of dormant accounts money to support disadvantaged and disengaged young people with their transition to work.

[Lord Nash (Con)]

Central government is clearly not in control of the gang issue in this country. Ten years ago, the Centre for Social Justice produced an outstanding piece of work analysing in great detail the gang issue in this country, Dying to Belong, which I strongly recommend to any noble Lord interested in this field. It pointed up successful strategies such as call-ins, which are used in places such as Strathclyde. Why are we not rolling out these strategies across the country? The Centre for Social Justice is updating that work. It is probably the most comprehensive work ever done on gangs in this country. Will the Minister meet me and representatives of the CSJ to discuss this matter?

[Baroness Williams of Trafford]

I pay tribute to my noble friend’s work over the years involving young people. I am certainly happy to meet him to learn from his expertise in this area. I think it is true to say that the true scale of exploitation, including the number of victims, remains an intelligence gap. The National Crime Agency pointed this out. I would be happy to meet my noble friend to discuss it.

[Lord Paddick (LD)]

My Lords, many young people are unaware of the realities of gang membership: discipline enforced by stabbings, the rape of women and girls, and street dealers whose lives are put at risk while those who supply them with illegal drugs take most of the profit. Is the Minister aware of the work of Growing Against Violence—GAV, a charity of which I am patron—which works in schools to destroy the myths around gang membership in order to dissuade young people from getting involved with gangs, knives and drug dealing? Is this not exactly the sort of work that the Government should be supporting?

[Baroness Williams of Trafford]

The noble Lord is absolutely right that any work such as GAV’s is to be commended. We are not only developing some of the existing good practice but expanding our knowledge of the extent to which county lines are affecting our most vulnerable children. The noble Lord is right to point out that drugs market violence may be facilitated and spread by things such as social media—another area on which we need to clamp down.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, is the Minister aware of the work done in Glasgow, where violence was dealt with as a disease? It was one of most violent cities in the world. The first thing to do was to stabilise the patient. Glasgow increased stop and search, and when knives and weapons were found the person carrying them was not simply released on bail but taken straight to the police station, detained and put before the court fairly quickly. The reduction in carrying weapons was quite dramatic. Can we learn something from the work done in Glasgow?

[Baroness Williams of Trafford]

My Lords, I am sure we can work on some of the initiatives in Glasgow. The noble Lord described it as a disease. These issues are multifactorial and include sociological and psychological factors depending on people’s experiences, particularly their early life experience. Tackling this preventively from a very young age is part of the answer.

[Baroness Butler-Sloss (CB)]

My Lords, first, I congratulate the Government on the work they are doing on county lines. Is the Minister aware that there is very patchy communication between the agencies and that all too many of the very young children—the 12 and 13 year-olds—are ending up in the local youth court instead of being treated as victims?

[Baroness Williams of Trafford]

The noble and learned Baroness points to a very serious issue. County lines, as the phrase suggests, crosses different local authorities and different police forces, and therefore some sort of continuity of effort is needed here.

Scrap Metal Dealers Act 2013

Baroness Williams of Trafford Excerpts

Thursday 10th May 2018 Grand Committee

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

My Lords, I thank the noble Lord, Lord Faulkner of Worcester, for securing this debate. We have had a few debates on this matter over the last couple of years. The reason that I was smiling at my noble friend Lady Browning, when she mentioned a Minister responsible for scrap metal, is that in your Lordships’ House I am responsible for everything to do with the Home Office—hence, I have particular responsibility for scrap metal, among other things. I thank noble Lords for all the contributions they have made.

In answer to the noble Lord, Lord Snape, we do take metal theft seriously. That is why we have retained the Act and continue to work with police and industry through the metal theft working group.

The Question concerns the outcome of the Government’s review of the Scrap Metal Dealers Act 2013. I pay tribute to my noble friend Lady Browning for securing that Act through your Lordships’ House. The review was conducted during 2017 and the Government’s report on it was published on 11 December last year. I will speak to the conclusions that we reached following the review in a few moments. First, though, it might be helpful to set out a little of the background to this important legislation, and why we looked at it in some detail last year.

The Scrap Metal Dealers Act was introduced to help to tackle rising levels of metal theft, as noble Lords have pointed out. These are the thefts of items for the value of their constituent metals, rather than necessarily the item itself. The thefts affect tele- communications, transport services and power supplies, as well as cultural and heritage assets, as the noble Earl, Lord Clancarty, pointed out—and as my noble friend Lord Cope of Berkeley mentioned, in talking about war memorials. I join the noble Lord, Lord Kennedy, in paying tribute to all the work that my noble friend does as part of the War Memorials Trust. The noble Earl, Lord Clancarty, asked about our doing more to protect the country’s heritage assets—for example, the lead on church roofs. We recognise the impact that these crimes can have on our communities and heritage. In terms of sentencing, which one noble Lord asked about—I am desperately trying to find out which one, and will do so in a moment—the Sentencing Council has published guidelines relating to theft offences which specifically recognise that, when an offence involves the theft of historic objects or the loss of the nation’s heritage, that should be considered an aggravating factor when considering the sentence. That can include damage to heritage sites or thefts from the exterior or interior of listed churches.

The Act focused on tackling the trade in stolen metal. At the time, global metal prices were high, as noble Lords have pointed out, making metal an attractive commodity to thieves. The Act sought to change this, in particular by making it more difficult for thieves to dispose of stolen metal. It did so by strengthening the regulation of the metal recycling sector through the licensing of scrap metal dealers. It prohibited cash payments for scrap metal and introduced requirements relating to record keeping and the verification of the identity of those selling scrap metal to dealers. Alongside the improved regulation of the metal recycling sector, the Act included a specific requirement to review the legislation within five years, which is why we are discussing it today. This was to enable the Government to take a view on whether the Act had met its objectives and whether it should be retained or repealed, whether in full or in part.

The statistics on metal theft paint a compelling picture. The most recent statistics were published by the ONS last December and show that there were just under 13,000 metal theft offences recorded by police forces in England and Wales in the year ending March 2017, to answer in part the question from the right reverend Prelate the Bishop of Chester. That was a reduction of 22% compared with the previous year and a staggering fall of 79% since 2012-13, as my noble friend Lord Cope of Berkeley pointed out. To answer the noble Lord, Lord Snape, the Government do not collect data on numbers of inspections or prosecutions, but I shall ask the MoJ if it has any figures on prosecutions that might throw further light on this. There will be a number of factors that contributed to this fall, including falling global prices which will have reduced the attractiveness of metal to thieves. However, the Government are clear that the legislation made a contribution and that it provides a solid foundation for continuing action to tackle this form of criminality.

This is the context in which the review of the Scrap Metal Dealers Act took place. The review commenced in December 2016 and the Home Office wrote to interested parties and relevant representative bodies to seek their views on the Act. More than 50 individuals and organisations wrote to the Home Office with their views, and these informed the report that was published last December. The overwhelming majority said that the Act should be retained. Some wanted the legislation to be extended further—including some of your Lordships—which was beyond the remit of this review, while others made the point that neither the Act nor the effect of falling metal prices had eradicated metal theft altogether. We were told that crimes such as the theft of lead from church roofs suggested that there was a shift from opportunistic crimes to more serious and organised criminality where entire roofs were being stolen: fewer crimes but more serious criminality. The noble Lord, Lord Faulkner of Worcester, and the noble and right reverend Lord, Lord Chartres, mentioned this.

Against the background of significant reductions in numbers of metal thefts, and a strong body of support for the legislation, the Government took the decision that the Act was effective and should not be repealed. Since conducting the review, we have heard our partners’ concerns that rising global metal prices, as the noble Lord, Lord Snape mentioned, are now beginning to put upward pressure on metal thefts. We do, of course, take these warnings seriously.

So, where are we now? First, we recognise that having this important legislation in place is only half the story. The other part of the equation is effective enforcement, as the noble Lords, Lord Snape and Lord Faulkner, and the noble and right reverend Lord, Lord Chartres, mentioned, to keep up the pressure on those who would readily flout the law as metal prices make the theft of metal more attractive to criminals. Enforcement is, of course, a matter for individual police forces and police and crime commissioners, as my noble friend Lady Browning and the noble Lord, Lord Kennedy, pointed out, and it is the role of local authorities to issue or to revoke the licences that all scrap metal dealers need in order to conduct their business. We do, however, have to recognise that enforcement of this legislation is one of a number of pressures and priorities that the police and local authorities face, and they will prioritise according to need. That is not an apology for patchy or inconsistent enforcement; it is a recognition of the realities of the situation.

I mentioned earlier the concerns that were expressed to us about the potential shift to more serious and organised criminality that manifests itself in crimes such as the theft of church roofs, which the noble Lord, Lord Faulkner, mentioned. A number of recommendations were made to us about what more might be done to prevent these crimes happening, such as the use of permanent chemical markers, which make the stolen metal more identifiable, as my noble friend Lord Cope pointed out. We recognise the value of such markers, but there may be a question about how resilient they are—for example, when metal is melted down. Nevertheless, it is of course a good idea for dealers to check for them when they receive scrap metal, to ensure that they are not inadvertently handling stolen goods.

The right reverend Prelate the Bishop of Chester talked about sentencing, which I have already dealt with in my remarks. However, he asked also about a further review of the process. We will continue to measure the impact on metal theft, using the national statistics. That is why the national metal theft working group is so important.

The noble Lord, Lord Kennedy, and my noble friend Lady Browning talked about extending the legislation and, in particular, smelting regulations. It was not covered by the legislation, but we can discuss it with the industry through the national metal theft working group.

My time is about to run out, but my final point is on the reinstatement of the metal theft task force, as was mentioned by a number of your Lordships, including the noble Lords, Lord Faulkner of Worcester and Lord Snape, and the noble and right reverend Lord, Lord Chartres. It is important to note that the task force was set up when the number of metal thefts was rising; it was funded by the Government to allow sufficient time for the reform provided through the Scrap Metal Dealers Act to become well established and embedded within the normal business of police forces and local authorities, and it was never intended to be a long-term arrangement. However, as I hope I have explained to noble Lords this afternoon, the police-led national metal theft working group now brings together the police, government, industry, local authorities and others to ensure that collaborative working across these sectors continues. We do not have any plans to re-establish the task force at this time.

The final question from the noble Lord, Lord Kennedy of Southwark, was on the lack of enforcement of the Act, and enforcement has been mentioned several times. I reiterate that it is important that the police continue to support the Act, but, as I mentioned earlier, it is important that police chiefs and police and crime commissioners decide how best to deploy their resources to manage and respond to crime in their areas and what their local priorities are.

I conclude by thanking all noble Lords for their part in the debate.

Equality and Human Rights Commission: Disability Commissioner

Baroness Williams of Trafford Excerpts

Thursday 10th May 2018 Grand Committee

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

My Lords, I start by thanking my noble friend for securing this debate and all noble Lords who have made such interesting points on the subject. I echo the words of the Prime Minister in February about my noble friend and the role he has played in this area and I am sure will continue to play. Before I move on to deal with the issue of an equality and human rights disability commissioner and the particular points made, I want to take a moment to reflect on the Government’s position on disability.

The Government are absolutely committed to improving the lives of people with disabilities and making the UK a country where everyone can achieve their full potential. The Government take action, including through legislation where necessary, to address disability discrimination. For example, we recently announced our intention to commence Section 36 of the Equality Act 2010, and our manifesto commits to change the Act to better protect people with fluctuating mental health conditions from discrimination. We provide support to people with disabilities and related conditions to help them live fulfilling lives and move towards—and, where possible, into—employment. We have invested over £130 million to improve work and health outcomes for people with disabilities and long-term health conditions, and the long-term unemployed. We have also provided an additional £19.3 million for the Jobcentre Plus Flexible Support Fund to help claimants with limited capability for work with extra costs that can be involved in moving closer to the labour market and into work.

To further improve our ability to spot and respond to discriminatory practice, the Equality Advisory and Support Service—the equality and human rights helpline—refers cases which may have specific strategic significance to the EHRC for possible enforcement action. Disability inquiries constitute nearly 70% of the service’s work, so it is acutely conscious of and sensitive to disability issues. The service has strong links to the EHRC, which sits on its management board. To address the concerns of the noble Baroness, Lady Deech, the two organisations have a memorandum of understanding and a good working relationship. I know that the EASS would very much welcome the noble Baroness—or, for that matter, any noble Lords who are interested—to visit its site near Rotherham to see the approach it takes to deal with its many callers.

The EHRC has a crucial monitoring and enforcement role for the Equality Act 2010. It has enforcement powers to compel compliance with the Act’s provisions, including the disability discrimination provisions and specific accessibility provisions, and to challenge organisations where required. If the EHRC suspects an employer or service provider of committing a breach of the discrimination provisions, it can conduct an investigation and take action to ensure that the employer avoids a continuation or repetition of that breach.

The EHRC has always been conscious of the need to prioritise disabled people’s interests, but its arrangements for doing this have changed over time, as noble Lords have pointed out. The 2006 Act provided for a disability committee. I stress that this was seen as a temporary arrangement, intended to reflect the need to integrate the particular requirements of the Disability Discrimination Act into the EHRC’s work. The then Government’s White Paper outlining the EHRC said:

“In line with the … Board’s general power to establish Committees to assist with specific functions, there will be a provision in the CEHR’s legislation for the establishment of a disability committee for a period … This will be especially important in its first years of operation”.


This committee had delegated powers within the EHRC relating to disability, but it did not have any additional powers: it could not do anything that the commission itself could not do.

The Act required an independent review of the activities of the committee after five years. This was partly to review how well disability issues had been embedded within the commission, and partly to reduce the Government’s role in dictating the commission’s governance structures, which would strengthen its independence as a national human rights institution. This independent review was duly carried out, and reported in 2013. It is still available on the EHRC’s website, and noble Lords may find it helpful to read it if they are not already familiar with it. The review recommended that the statutory committee come to an end on or after March 2017, and the then Secretary of State, who was under a duty to dissolve the committee,

“as soon as reasonably practicable”,

after receiving such a recommendation, duly did so, with effect from 31 March 2017. This gave the EHRC adequate time to make new arrangements.

The noble Baroness, Lady Gale, has already given a good account of this but by spring 2017, the EHRC was already looking to change its disability arrangements to those which better reflected its independence. It was setting up a Disability Advisory Committee to replace the statutory committee. The purpose of this committee was to bring in disability expertise to inform and advise the commission’s decision-making across all its work. The board maintains oversight of the committee through receipt of the minutes of its meetings and advance sight of committee meeting agendas. It may invite reports from the committee on particular issues and request the attendance of committee members to observe or participate in discussions at board meetings where appropriate. Similar arrangements are in place for the statutory Scotland and Wales committees, ensuring that the expertise of the DAC, as we call it, can be applied across the full range of the commission’s activities. Individual committee members may also be invited by the commission to play a specific role in, or advise on, areas of work where their personal skills, expertise or networks are of particular value to a project.

The noble Baroness, Lady Thomas of Winchester, asked whether disability could be treated in the same way as other protected characteristics. The noble Baroness, Lady Deech, spoke very much to the point when she noted that the Equality Act provides particular rights and protections for disabled people, including more favourable treatment in certain circumstances. It seems to me that the EHRC recognises this through its disability advisory committee, which is not replicated in its structure for other protected characteristics.

It was as part of that set of changes that the EHRC decided last year not to continue with the term “disability commissioner”. This was not a statutory post but simply an EHRC-created role: a set of responsibilities connected to the former disability committee that the commission decided to change as part of its overhaul of its disability arrangements, which indeed meshed in with a wider restructuring of the commission as a whole.

My noble friend has set out today, with strong feeling and in some detail, the problems and frustrations that he has experienced in seeking an appropriate role for himself as the EHRC’s disability commissioner. I am aware of his view that the real reason the disability commissioner role ended on 31 March last year, along with the statutory committee, was that the EHRC did not want him to occupy that role. I hope my noble friend and other noble Lords who have contributed to this debate will accept that I was not involved in any of the events that he has mentioned, so I am not in a position to debate the details of those events and I think he recognises that. I can certainly say that the Government have taken his concerns very seriously and he has had opportunities to discuss them with a range of Ministers and advisers across a number of departments, including Downing Street. I stress that the Government deeply regret that my noble friend was not able to resolve his differences with the EHRC about his role and responsibilities, and that as a result he is no longer an EHRC commissioner and cannot lend his wealth of personal passion and experience to the EHRC board.

In answer to the question of why we took away my noble friend’s disability commissioner role, I understand that he was appointed as a commissioner, not specifically as a disability commissioner. Any decision to give EHRC commissioners specific roles and responsibilities is a direct matter for the EHRC. My noble friend also makes the point that HMG should express regret about the conduct of a former Minister, and there was a precedent for keeping the disability commissioner. I believe my noble friend is referring to the coalition Government’s decision to abolish the statutory disability committee after three years rather than sooner. The relevant order related to the committee; it had no direct bearing on the disability commissioner, which was and remains an EHRC role, not in the gift of the Government.

[Lord Shinkwin]

My Lords—

[Baroness Williams of Trafford]

I cannot allow my noble friend to intervene because I am right on the wire.

My noble friend talked about freedom of information in this regard. The decision to abolish the role was not taken by Ministers, and the redacted material that my noble friend refers to does not evidence that the Minister took this decision.

I am completely running out of time so I shall address just one more point, made by the noble Lord, Lord Addington. I assure him that the new EHRC arrangements work better for disabled people than the old ones. That is a really important point. I refer him to the remarks made by the noble Baronesses, Lady Prosser and Lady Gale, which are very helpful. The EHRC itself has noted that while its previous approach provided some focus on disability issues, it was found to have the effect of treating work on disability separately from other work programmes. It also led to work on disability being seen as the responsibility of specific individuals in the commission rather than the collective responsibility of the board and the organisation as a whole. It is believed that that led to some miscommunication as well as missed opportunities.

I am now over time. I thank all noble Lords for their contributions, and I will catch up in writing on any points I have missed.

Asylum Seekers: Students

Baroness Williams of Trafford Excerpts

Wednesday 9th May 2018 Lords Chamber

[Baroness Hamwee]

To ask Her Majesty’s Government how many young asylum seekers have been required to cease studying as a condition of immigration bail, following the recent introduction of new provisions; and whether that condition will be applied to all asylum seekers.

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

My Lords, we have management information figures but these are not robust. I assure noble Lords that the new immigration bail provisions are not designed to be used to prevent children and asylum seekers studying. The Home Office is proactively looking to identify cases where this has been applied inappropriately, and will issue a new bail notice to the individual.

[Baroness Hamwee (LD)]

My Lords, I am grateful for that Answer. The Minister will know it is widely believed that there is a blanket ban at present on asylum seekers accessing education, although an assurance was given during the passage of the legislation that it would be used merely to specify where education was accessed. In any event, what is the objective of applying this condition? Is a ban on study necessary? What does it achieve?

[Baroness Williams of Trafford]

My Lords, I must stress that there is not a blanket ban and it is not mandatory to impose a ban on studying. The cohorts of people who might be prohibited from studying are adult immigration offenders—for example, overstayers who are not asylum seekers; adults whose appeal rights have been exhausted, other than care leavers receiving local authority support; adults being deported; foreign criminals who have not made an asylum claim; and all adults for whom a deportation order is signed and enforceable.

[The Earl of Listowel (CB)]

I do not know whether the Minister can help with a historic problem, which I hope has improved. I was listening just a year and half ago to care leavers who had been unaccompanied asylum-seeking children; the majority of them were not able to access education, and they were turning to the black economy to continue living here. If the system was not effective in removing them, they were unable to access proper care-leaving services, so they were falling through the cracks. How is that being addressed now?

[Baroness Williams of Trafford]

My Lords, I stress to the noble Earl that anyone under the age of 18 in the UK has a right to study. That covers asylum-seeking children and children who are dependants of migrant workers. The following people can also study: care leavers, to whom the noble Earl alluded, former unaccompanied asylum-seeking children without standing claims, appeals or ongoing litigation concerning their asylum application, and any adult asylum-seekers without standing claims and/or appeals.

[Baroness Garden of Frognal (LD)]

My Lords, what the Minister says does not quite seem to accord quite with some of the tales that have been coming out. There have been some really sad and shameful stories of young people who have been totally affected by this ban on education. What, if any, inquiries are made of the individual before deciding to impose this condition on them?

[Baroness Williams of Trafford]

Because of the nature of the Question of the noble Baroness, Lady Hamwee, I can say that there may be cases that have fallen foul of a study restriction. As I said, it is not mandatory to impose a restriction on study, and it should be imposed only where appropriate. We are proactively looking at cases that might have been affected and are issuing new immigration bail notices.

[Lord Christopher (Lab)]

My Lords, I am not clear about the thought process involved in this. There may be a case to argue in individual cases, but what is it? What is the thought process that makes someone decide that Bill Smith should stop studying?

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I outlined to the noble Baroness earlier who might be in the cohort, and who might have to stop studying, but it is up to the First-tier Tribunal to impose the immigration bail conditions on an individual. It is certainly not mandatory to impose a condition against study.

[Lord Harris of Haringey (Lab)]

Can the Minister tell us how many young people caught up in the backwash of the Windrush scandal have been denied student loans because of uncertainty about their residency position in this country?

[Baroness Williams of Trafford]

I cannot give the noble Lord that information. As I have said to the House previously, the Home Office is proactively looking at anyone of the Windrush generation who might have been inadvertently caught up in the issue we have been talking about over the last few weeks. I am sure that those figures will ultimately come to light, but I do not have them here today.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the Minister’s contribution today is obviously different from some of the cases we all know about of who might have been caught up in this restriction. What is the Government’s timescale to sort out this issue?

[Baroness Williams of Trafford]

As I said earlier, officials are proactively looking at these cases that might inadvertently have been caught out where the imposition of study bans have happened as a result of immigration bail. The answer is that it is immediate and I hope that this issue will be sorted out very quickly. In addition, new guidance has also been issued.

[Lord Tomlinson (Lab)]

When the Minister was replying to the noble Lord, Lord Christopher, she referred to cohorts of students. Can she tell us how that word creeps into the answer, as it implies that there is some group of students for whom there is a collective exclusion?

[Baroness Williams of Trafford]

My Lords, the noble Lord might like to check Hansard. I was referring not to cohorts of students but cohorts of individuals who might be prohibited from studying.

[Lord Roberts of Llandudno (LD)]

When an immigrant child reaches the age of 18, they lose their protected status. What efforts are there to make sure that every young person reaching that age is fully aware of their legal obligations and their opportunities? Many of them are on the verge of going to university but could be deported. What are we doing to make sure that does not happen?

[Baroness Williams of Trafford]

My Lords, an immigrant child could fall into several categories. I am sure, given his history, that the noble Lord is talking about an asylum-seeking child. Any asylum-seeking child coming up to the age of 18 will have their case looked at again.