Spousal Visas: Processing Times

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Tuesday 21st June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness underlines that to have the Ukrainian visa scheme as a priority is absolutely the right thing to do.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend has answered a question on the length of time for inquiries to be made and for decisions to be taken. This appears to be the case throughout administration in relation to passports, as well as in relation to these matters. If we are now going to totally rely on the number of weeks in which we have to deal with matters, surely we are at risk of cutting corners. Is it not really rather important that we be more concerned with the thoroughness and fairness of the examination that takes place before a decision is taken?

[Baroness Williams of Trafford (Con)]

My noble friend is absolutely right. Of course, those thorough processes were some of the things that noble Lords were asking us to cut corners on right at the beginning of this process. We have not, and we are proud of the thoroughness of our processes.

Migration and Economic Development Partnership with Rwanda

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Wednesday 15th June 2022 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My noble friend knows my unhappiness with this provision. Indeed, I moved amendments in Committee on the nationality Bill to try to remove offshoring. As a former Immigration Minister, I revealed then that I looked at the possibility of offshoring asylum applications some years ago. After considerable research, I came to the conclusion that it was not a good thing for this country to do.

I am a lawyer, though not in the same league as some of the other speakers today, and my understanding is that someone who claims asylum in a particular country is entitled to the matter being considered by the country in which they claim asylum. In offshoring the whole application, which is not made to the Rwandans but ends up in their hands, how are we complying with the 1951 convention and general international law?

Finally—I am sure that my noble friend will be aware of this—I am most surprised that, once an application has been considered in Rwanda and accepted there, this does not entitle an applicant who initially made that application in the UK to come back to this country. They have to remain in Rwanda, where they have not made any form of application whatever.

[Baroness Williams of Trafford (Con)]

My noble friend refers to the long-standing inadmissibility rule, which states that the asylum seeker should claim asylum in the first safe country.

UK-Rwanda Asylum Partnership Arrangement

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Monday 25th April 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, the Prime Minister announced it last week; I do not think that there was an attempt to sneak anything through. The Home Secretary stood in the House of Commons last week and made a Statement about it.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend knows that this is a very controversial area of the Nationality and Borders Bill. I have moved amendments to the Bill, and we have had long debates on this subject. Another Minister indicated that no further legislation would be required to proceed with these arrangements. Can my noble friend confirm that that is the case? Is she saying that the Nationality and Borders Bill is required, or is it the Government’s position that no legislation is required?

[Baroness Williams of Trafford (Con)]

My noble friend is right on two counts. First, the provision is in long-standing legislation dating from 1999, 2002 and 2004. Under the Bill, the certification process would not be needed, so essentially the policy could proceed with or without the legislation.

Nationality and Borders Bill

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Committee stage
Tuesday 8th February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I do not have the answers before me, so I will write on the questions that I have not answered, if that is okay with the noble Baroness.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I thank my noble friend for her responses and all noble Lords for their very important contributions on a really significant part of the Bill. I stand by what I said in my remarks, and I think that others will do so too, despite assurances that we may have received. I would be very grateful if the Government would perhaps be prepared to discuss this matter further between now and Report. On that basis, without further ado, I beg leave to withdraw my amendment.

UK–EU Trade and Cooperation Agreement: Foreign Workers

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Wednesday 10th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, TCA Article 399 only obliges the UK to implement provisions of the charter that the UK accepts. It does not prevent the UK from accepting further provisions or ratifying different versions of the charter in the future, nor does it prevent the UK from not accepting or disapplying provisions. The 1961 charter specifically allows states to disapply individual provisions of the charter and the UK may choose which provisions of the 1961 charter we accept at any given time. The TCA does not affect this position.

[Lord Kirkhope of Harrogate (Con)]

My noble friend is right in stating the extent of Article 399, but it is quite a wide extent, because obviously it deals with the implementation of all the ILO conventions that have been ratified, together of course with the provisions of the European Social Charter, which we have agreed to accept, as she says. Can my noble friend update us on the overall progress in a wider sense towards completing implementation?

[Baroness Williams of Trafford (Con)]

My Lords, the UK Government amended the immigration fee regulations in September to give effect to the change, as my noble friend knows. As I previously explained to the noble Lord, Lord Hendy, this is nothing to do with the UK-EU relationship. Our obligations on this matter relate to the implementation of the Council of Europe treaty and do not arise from the UK’s former relationship with the EU or from the TCA.

Domestic Abuse: Protection of Victims

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Tuesday 27th October 2020 Lords Chamber

[Lord Kirkhope of Harrogate]

To ask Her Majesty’s Government what steps they are taking to protect victims of domestic abuse.

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

My Lords, the Government provide funding to domestic abuse organisations, helplines and specialist services at national and local levels, and have introduced measures to tackle abuses such as forced marriage and FGM. We are committed to further strengthening victim protections through the Domestic Abuse Bill. We have also allocated £27 million of Covid-related funding to domestic abuse services and launched the #YouAreNotAlone campaign to signpost people to support.

[Lord Kirkhope of Harrogate (Con) [V]]

During the present Covid crisis, domestic abuse is, sadly, increasing in the UK. Can my noble friend confirm that, in their approach to those who may suffer domestic abuse, the Government will ensure that recognition and support are afforded to men as well as women and children as well as adults, and that they understand that abuse may be as much economic or psychological as physical in nature?

[Baroness Williams of Trafford (Con)]

I agree with all my noble friend’s points. Children are included in the definition due to the effects domestic abuse has on them, potentially for the rest of their lives. He is right about the economic aspect; coercive control is a very efficient way in which abusers control their victims.

Asylum System

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Monday 28th September 2020 Lords Chamber

[Lord Kirkhope of Harrogate]

To ask Her Majesty’s Government what steps they are taking to reform the asylum system.

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

My Lords, the Home Office is working to improve asylum decision-making processes. The work will simplify, streamline and digitise processes, ensuring that asylum claimants are treated quickly and fairly and that claims which do not qualify are rapidly identified and prepared for return.

[Lord Kirkhope of Harrogate (Con) [V]]

I thank my noble friend for that reply; clearly, she agrees that it is only fair that applications for asylum be considered as speedily as possible and that those who fail to meet our conditions are removed from the country, also as quickly as possible. But in this context, will she confirm that the Government still adhere to the important criteria set down in the United Nations refugee convention of 1951 in determining our cases?

[Baroness Williams of Trafford (Con)]

I can certainly confirm that. Clearly, it is in everybody’s interests, including somebody who is coming here to claim asylum, that we process cases quickly and expedite them through the system.

Child Sex Predators

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Thursday 4th June 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, efforts to combat CSA come from a number of funding sources, from the Home Office and elsewhere, and various NGOs. We will base our funding decisions on the best needs of children in this country and how to keep them safe.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I also declare my interest as a long-term champion of the Internet Watch Foundation. There is clear evidence that the chat functions of popular online games and apps are often used by sexual predators to gain access to their victims. Is enough being done by the Government to ensure that parents and those providing these apps and games are aware of the threat?

[Baroness Williams of Trafford]

We are very concerned about some of these games and apps, particularly those with end-to-end encryption, which means that the CSPs themselves cannot see inside them. Therefore, they and law enforcement may not be able to see evidence of child sexual abuse. The Five Eyes are working very hard to this end.

Asylum Seekers: Employment

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Monday 7th October 2019 Lords Chamber

[Baroness Williams of Trafford]

I do not have disaggregated figures on what types of skills people claiming asylum possess, but I agree with the noble Baroness that anyone settling in this country should have English language proficiency. It is the best route to economic empowerment.

[Lord Kirkhope of Harrogate (Con)]

My Lords, is it not important for us to differentiate between the sanctuary that we have been proud to offer over a long time—we are one of the leading countries in that sense—for those who are in terrible danger and comply with the 1951 United Nations convention criteria for granting asylum, from those who come to this country under ordinary Immigration Rules and meet those rules to benefit economically? Surely the two things should not be mixed.

[Baroness Williams of Trafford]

I could not agree more with my noble friend, and that is what I tried to say to the noble Lord, Lord Roberts. These are two different things and should not be conflated.

Brexit: Europol

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Tuesday 11th September 2018 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, I had the privilege some years ago of being the rapporteur in the European Parliament for joint investigation teams, which was supported very strongly by British staff who were key in Europol. Will my noble friend confirm that the importance of the 39 or 40 front-line staff of Europol will be taken into account in all our discussions, as will whether we will replicate our current operational agreements with third countries—17 in all—and whether we will continue to play a full part in the European Counter Terrorism Centre and European Cybercrime Centre organisations within Europol?

[Baroness Williams of Trafford]

The answer to that is yes—and, for Europol specifically, it means that the UK will keep its liaison bureau in The Hague and will have access to European systems and facilities on the same basis as it does now.

EU Settlement Scheme

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Thursday 21st June 2018 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords—

[Baroness Williams of Trafford]

I thank both noble Lords for their very detailed questions, which I was furiously trying to write down and answer as they asked them.

The noble Lord, Lord Rosser, spoke about uncertainty for EU citizens. What my right honourable friend announced today will, I hope, provide further clarity and therefore less uncertainty for EU citizens, and that is precisely what we want. I hope that EU citizens will feel that there is a clear and transparent process which makes it as easy as possible for them to obtain settled status. He asked about the White Paper. We are expecting to issue it in due course. He also asked about the estimated take-up of the scheme from EU citizens. I think that it would be sensible and logical to say that the expected take-up should relate quite closely to the number of EU citizens who are currently in the UK. We think that about 3.5 million will generally apply.

The noble Lord also asked about reciprocal arrangements. As I think noble Lords will recall, when we first started bringing forward these plans, noble Lords and Members of the other place were very keen that we should start the ball rolling in good faith, and I hope that in good faith the EU will act similarly for our citizens. He asked whether what we are doing is acceptable from an EU point of view. I can certainly say that, from the point of view of an EU citizen living in the UK, it is very acceptable. As to whether the arrangements will be acceptable to the EU, I should hope so, because we are giving their citizens the settled status that is required to live here.

I have completely mixed up all the questions, but I shall go through them as I come to them. The noble Lord, Lord Rosser, asked whether our plans will change in a no-deal scenario. It is fair to say that the Prime Minister has been very clear from the beginning of this process that she wants EU citizens and their families in the UK to be able to stay. She gave a personal commitment to EU citizens in October, when she said:

“I couldn’t be clearer: EU citizens living lawfully in the UK today will be able to stay”.


We are not anticipating failure and, as the Prime Minister set out in her Florence speech, we are confident that we can find a way forward that makes a success of this for all our people. We have a responsibility to make this change work smoothly and sensibly. We have reached an agreement with the EU guaranteeing the rights of EU citizens living in the UK and of UK nationals living in the EU, and we do not expect this to be reopened.

The noble Lord, Lord Rosser, asked about the criteria for status and who is eligible for the scheme. Any EU citizen and their family members residing in the UK before the end of the implementation period on 31 December 2020 will be able to apply for settled status under the EU settlement scheme. People considered to be resident in the UK will include those here before midnight on 31 December 2020 and will include those previously resident in the UK who are outside the UK on that date but who have maintained continuity of residence here.

A close family member, which includes a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent living overseas, will be able to join an EU citizen resident here after the end of the implementation period where the relationship existed on 31 December 2020 and continues to exist when the person wishes to come to the UK. Children born or adopted after December 2020 will also be eligible for the scheme.

The noble Lord, Lord Rosser, asked how the Government came to the figures of £65 and £32.50. The current fee for a permanent residence document for EU citizens is £65, and we think that the lower fee for a child is appropriate at half the price. I must add that, for a child in care, there is no fee.

The noble Lord, Lord Paddick, asked whether this would be a repeat of Windrush. I hope that this is the complete opposite of Windrush. People will be able to establish their status, as opposed to what happened with the Windrush generation, where, over time, some people became less and less able to establish their status, even though that status was implied when they came to this country. That is why it is crucial that EU citizens apply under the scheme, so that they will be able to evidence their status in the future.

Both noble Lords asked me about criminal records checks. All applicants aged 10 and over will be checked against the UK’s national police database and watch-list, as the noble Lord, Lord Paddick, said. Applicants aged 18 or over will also be asked about their criminal history in the UK and overseas. The assessment of suitability will be conducted on a case-by-case basis and will take account of the applicant’s conduct in the UK and overseas, including whether they have any prior criminal convictions.

Cases will be refused where the applicant has committed criminality prior to the end of the implementation period that meets the EU public policy test. Any criminality committed after the implementation period will be considered in accordance with UK deportation rules. This means that an EU citizen who, in relation to an offence committed after the end of the implementation period, is convicted and receives a custodial sentence of 12 months or more will be considered for deportation.

The other point raised was about people who had committed crimes decades ago being refused. As I have said, conduct before the end of the implementation period will be considered against UK deportation thresholds. We think this is a sensible approach and one that will not affect the overwhelming majority of EU citizens and their family members.

The noble Lord, Lord Rosser, asked about the consequences of not applying. It is important to take a pragmatic approach in respect of people whose individual circumstances have prevented them applying, an example of which might be a mental or physical health condition. Over the coming weeks, we will be discussing with stakeholders what assistance we can give to people who might require it.

The noble Lord, Lord Rosser, also made a point about Irish citizens. As I said, they do not need to apply for settled status to protect their status and rights in the UK. However, the arrangements for existing close family members to join EU citizens resident in the UK are provided for by the withdrawal agreement and not by the UK-Ireland bilateral arrangements linked to the common travel area. Irish citizens might want to consider applying for settled status now to support future applications by family members. A successful application by an Irish citizen to the settlement scheme will make this process smoother for any family member applying in the future. However, the system will not prevent applications being made after the end of the implementation period by close family members seeking to join Irish citizens protected by the withdrawal agreement who do not have settled status.

The noble Lord, Lord Paddick, asked which family members are affected, given his own situation, which others might find themselves in. I think I answered that question earlier, so I hope that will suffice.

The noble Lord, Lord Rosser, asked who will staff the contact centre. Further details of this will be confirmed, and we will be discussing with stakeholders what the right service is and who will provide it.

Finally, the issue of landlord checks was raised. Landlord checks and the right to rent are not specific to EU or non-EU citizens; it is a requirement for all landlords to carry out such checks. Therefore, it does not matter where in the world you are from, as long as you have the right to live here.

I hope I have answered all the questions. If I have not—and there were quite a few—I will write to the noble Lords.

[Lord Kirkhope of Harrogate]

My Lords, I was trying to ask a question of my noble friend when she answered the initial questions. As someone who has had some experience as a Minister of schemes of one kind or another where the Home Office has been involved with developing ID arrangements or helping people with passport applications and so on, I welcome the fact that something is being put in place here, but I urge her to look carefully at the logistics. Is she satisfied that enough resource is being made available for this extra duty? One of the proposals is that applicants can send their passports or ID documents to the Home Office, but I am sure she is aware that, when we are dealing with EU citizens, they tend to be much more mobile on a more regular and frequent basis, going backwards and forwards from here to Europe. Can she be sure that we will make certain that we have a better level of efficiency than, sadly, we have had in the past in turning round documents quickly and in dealing with the matter as speedily and with as little complication as possible?

[Baroness Williams of Trafford]

My noble friend will have heard in the Statement that we will start to roll out the process in the summer and towards the end of the year. I would not call it a trial run, but the “private beta” phase—which I had never heard of before—is apparently a dry run, using real people who will get real documents. That is a good way to test how the system is working.

I also mentioned earlier the delivery of the settlement scheme and the Treasury’s allocation of £170 million for the further development and delivery of the settlement scheme. As my noble friend alluded to, we do not underestimate the scale of the challenge and we want to get it right. Every year, we process millions of visa and passport applications, but that does not undermine our wish to get it right. Our passport service has a good customer service record and I can tell my noble friend that, over the past year, the average turnaround time for passport applications was approximately seven days. I might add that the Institute of Customer Service ranks HMPO in the top 50 high-scoring organisations across the public and private sector.

Immigration Applications

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Wednesday 16th May 2018 Lords Chamber

[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.

Trafficked Children: Asylum

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Monday 19th March 2018 Lords Chamber

[Baroness Williams of Trafford]

The role of the commissioner should be to assess how the system is working. As I said in answer to the previous question, children should receive the specialist support and assistance that they need according to their circumstances. The role of the NRM is to ensure that a trafficked child is given the appropriate support they need from all the agencies involved to be able to move on from that traumatic experience.

[Lord Kirkhope of Harrogate (Con)]

Does my noble friend agree that it is very important, while exercising discretion on the basis of humanity for right to remain, that we do not move away from the basic principles of the 1951 United Nations convention, which are undoubtedly tough but nevertheless important, when we choose to grant asylum to this country?

[Baroness Williams of Trafford]

My noble friend is absolutely correct. We have an incredibly good record of granting asylum not just to adults but to children. Together with the various agencies we provide the maximum level of care that we possibly can to children who have been trafficked or who need our protection.

UK Borders: Surveillance

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Monday 18th December 2017 Lords Chamber

[Baroness Williams of Trafford]

On the first part of the noble Lord’s question, he is absolutely right that we have invested in technology such as e-gates, and just before the Calais clearance, my right honourable friend Amber Rudd in the other place stated that £36 million would be committed to support France in the Calais camp clearance. However, on his main point, which is about people being at ports and borders at all times, if we lined this country wall to wall with people, it would still not be as effective as going after the intelligence-led risk, which operates so well.

[Lord Kirkhope of Harrogate]

My Lords, as someone who uses airstrips and small airfields in this country, perhaps I might ask the Minister to confirm that, as regards the operations of light aircraft and business aircraft, the regulations already in place are greatly enhanced to protect us and our borders from any illegal intrusions? Would she not agree that anything too onerous as extra requirements could harm our general aviation and business aviation unnecessarily?

[Baroness Williams of Trafford]

My noble friend is absolutely right that good measures and regulations are in place to ensure that our GA flights are notified to Border Force. We continue to assess 100% of them, aiming to meet all GA flights to ensure that flights are met by immigration staff and that all checks are completed.

Hamas

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Tuesday 31st October 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, as we approach the centenary we are conscious of the sensitivities that many people have about the declaration and the protection of political rights of the non-Jewish community in Palestine. We also recognise the continued impediment of the occupation towards securing political rights. We are clear that we want to see the creation of a sovereign, independent, democratic, contiguous and viable Palestinian state living in peace and security side by side with Israel.

[Lord Kirkhope of Harrogate (Con)]

My Lords, while I am sure that we all welcome any indication of a more peaceful approach from what undoubtedly has been a clear terrorist organisation for some time, does my noble friend agree that the very minimum we should require from Hamas and others is that they acknowledge the basic right of the state of Israel to exist and to be fully part of the international community, and to respect its democracy?

[Baroness Williams of Trafford]

My noble friend is right. That is clearly one of the expectations we have in our policy on Hamas.

Police: Funding

Debate between Baroness Williams of Trafford and Lord Kirkhope of Harrogate

Thursday 26th October 2017 Lords Chamber

[Baroness Williams of Trafford]

The noble Baroness is absolutely right that these sorts of crimes are incredibly complex. I pay tribute to the police for dealing with them, because the Modern Slavery Act 2015 is now having a real impact. We are seeing the first convictions for the new offences prosecuted under that Act, and at least 56 slavery and trafficking prevention and risk orders to restrict offender activity are now in place.

[Lord Kirkhope of Harrogate (Con)]

My Lords, in view of the fact that funding is very important so far as the police are concerned, many people are becoming increasingly concerned about the way in which the resources are spent. Apart from detection of crime and the work at the sharp end of that matter, police are often involved in community projects of one kind or another where many people feel they should not be involved, or at least not to the extent that they now appear to be. Can we please have a further emphasis on the need to concentrate those important resources on the detection of crime?

[Baroness Williams of Trafford]

My Lords, the police will deploy their resources in the area that they think is most important in their communities. The police have always been operationally independent of government and it is vital that that continues. They are best placed to make those decisions. We understand the pressures that the police and PCCs are under. That is why my right honourable friend in the other place, the Minister for Policing, is engaging with local forces to make sure that they have the resources and the capability that they need.