(1 week, 4 days ago)
Lords ChamberMy Lords, I will briefly speak to something that has always puzzled me. Article 8 has two paragraphs. The first is about
“the right to … private and family life”.
The second states that you can ignore that if it is
“in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.
I do not see the problem with inserting something such as that into the Bill, whereby we can remove people if they breach that. That is part of Article 8, which is not at all about an unqualified right to a family life.
On the point about “careless driving”, that term is used if you have made a bit of a mistake, whereas “dangerous driving” really is a dangerous offence. I can see how that would qualify, but I am not so sure about careless driving—it depends on the circumstances.
My Lords, it has been a fascinating debate, and I support the amendments in the names of the noble Lords, Lord Cameron and Lord Jackson. This is the type of debate that we need to have in this Chamber. These are wide moral issues that go to the heart of what we do with our justice system.
Something that has been forgotten in the debate is that the purpose of some measures—which have been described by some as extreme and, somehow, a little too far reaching—is to have a deterrent effect. We sometimes forget that that is the purpose of some law. It is not about having something in place so that, after an event has happened, we can do something that is proportionate to the person who did it; it should be about the knowledge of the wider public, whether that is our standing population or those who are living among us and seeking refugee status, that there are normalities and reasonable behaviours expected of us all. If we have what some describe as extreme measures on our statute book, they could perhaps facilitate better behaviour. I do not think we should be frightened of this.
We need to have a wider debate and for the Government to open up more countries to be deemed acceptable and safe. We hear that our European neighbour countries are taking a rather different view of what is deemed a safe country, including Afghanistan, from ours in this country. I do not think that their human rights industry has quite got to the advanced state that we have in the UK. We have an opportunity here for the British public to realise that these Houses of Parliament are listening to them and their concerns, so I welcome this wider debate. If we do not adopt these amendments today, the Government should take on board how they can move towards the position of the wider public.
My Lords, it is entirely positive that we can say, “Let’s look at the wording of this”; we might have some qualms about whether we need to reword it to avoid unintended consequences—that is fine. The noble Lord, Lord Mackinlay, made a good point: this is a very important moral debate. It is one that more and more people in the country are frustrated that Parliament is not having, so it is positive that we are doing so today.
I will emphasise three things. First, we often consider what will happen to the safety of people if we deport them to countries that we deem unsafe. But the key question is actually: what about the safety of British citizens? They get forgotten in that whole discussion. We end up with this ridiculous situation where we say, “Oh, I’m really worried about this person who has committed a serious sex crime. If they are returned to their country, they might be thrown into some terribly unsafe prison. They might be beaten up or killed for the fact that they’re a sex criminal. We’ve got to save them”. We say that rather than emphasise the victims of that person. That is why people get frustrated about the topsy-turvy nature of this.
Secondly, until we legislate on this, the British public could rightly say that the Government have no control over a decision, which they want to make, to deport foreign nationals who commit crimes in this country. That is entirely appropriate for legislation, even if we need to work out the wording so that it is proportionate.
Finally, we are about to start the Sentencing Bill, which I am very interested in. The state of prisons is incredibly depressing at the moment. In fact, while we are talking about unsafe places, I do not know that going to prison here is safe for anyone. They are overcrowded and there are serious problems with our prison system. It is unexplainable that we would have people in that prison system, taking spaces that we just do not have, when we should, by right, be able to say that they do not deserve to be in this country. They broke the social contract after they were given an opportunity to be here. Sometimes they are illegal—that is different—but if they are given the right to remain, and then they murder, rape or steal from their fellow citizens, they have broken the basis on which we trusted them to stay. That is reasonable to say.
The noble Lord, Lord Deben, made a good point: this is not an extreme position but a normal, commonsensical position. Based on everything I have heard from the Government, I think they agree with that. If they do, they need to legislate accordingly, which is what these amendments are trying to do.
(4 months, 1 week ago)
Lords ChamberI am grateful to my noble friend. Safeguarding is extremely important, and it is the Government’s ambition to remove all asylum seekers from hotels as soon as is practical. We have reduced the number of hotels: in fact, we have fewer hotels now, in the week of the general election anniversary, than we had last year when the Conservative Party left office. It is our ambition to further reduce that. When the Conservatives were in office, hotel costs peaked at £9 million per day. This time last year they were £8.5 million per day, and this year they are £6 million per day. That is still too high, but it is on the right, downward trajectory, and we will continue to safeguard in doing that.
My Lords, I have a pal who has a fairly good-grade job. Many months ahead, he had booked four-star accommodation two days a week at a well-known hotel chain. He had a phone call out of the blue and was told, “I’m very sorry but your months-ahead booked accommodation in our four-star hotel has now been cancelled because the hotel of 150 rooms has been taken over for migrant accommodation”. Does the Minister agree with me that the pull factors of good accommodation are clear and obvious? The pull factor of the ability to get a delivery job in this country is very clear, and we can see illegal working on every high street. Until we get a grip on this issue, I am afraid that it will not get any better. We need rather more than “let’s smash the gangs”.
I am grateful to the noble Lord, and I would be grateful if he could write to me with the details of his friend’s hotel, because that is a great surprise to me. We are not opening new hotels; we are trying to reduce the number of such hotels and reducing the bill, under his Government, of £9 million a day to the current £6 million a day that I mentioned.
If the noble Lord wants to tackle illegal working, I recommend that he supports the Bill on employment rights currently before this House, which is about reducing the pull factors of illegal working and cracking down on illegal employers. As I recall, the Opposition have voted against that Bill on several occasions and plan to do so again.
(11 months ago)
Lords ChamberAgain, I hope I can help the noble Lord, but this is a very fast-moving situation; we were not here this time last week. There are challenges in Syria, with people moving back there from neighbouring countries and the United Kingdom, and people, potentially, still seeking asylum from a new Syrian regime that they do not support. These issues are all on the table. I hope the noble Lord will understand, but I do not wish to commit now to definitive policy solutions to those issues, because the Government are reflecting on them. So I will simply say that the £11 million of humanitarian aid that the Foreign Secretary announced this week is a start. If the noble Lord and the House will allow us, those are matters that we can maybe discuss in slower time, when the Government have assessed the position fully and determined what best we can do with our partners to assist that position.
My Lords, much has been made of the Syrian situation by many noble Lords this afternoon. Does this not open up a question as to what the asylum rules are really there for? We do not know quite where Syria will end up—it is early days, as the Minister very correctly said—but many Syrians will be looking to go back home. During the years of civil war in Syria, Lebanon warmly accepted many Syrians, but it was quite bizarre that, during the height of Lebanon’s recent problems, many Syrians went home from Lebanon saying that Syria was safer than Lebanon at the time.
Are we not in a situation, if Syria does settle down, where we can consider whether temporary asylum is probably a better way forward for the world? Ultimately, is it not the case that the brightest, best, fittest and strongest people, having left their country at a time of conflict, would actually wish and want to return home to rebuild that country for the future? Is that something the Government would support: a temporary asylum basis rather than a permanent one?
I am grateful to the noble Lord for his question. Individuals can always choose to return if the situation in their home country that they were fleeing and seeking asylum from changes. In this circumstance, we have temporarily paused decisions on Syrian asylum claims while we assess the current situation and we are keeping country guidance under review. With due respect to all noble Lords, we do not yet know how this will pan out; we do not know who the good guys and the bad guys are going to be; and we do not know ultimately what will happen in the new Syria that might emerge from the collapse of the Assad regime.
The same is true for Ukrainian citizens and others who flee and seek temporary asylum or relief from a particular war situation or from poverty and hunger. We judge those on an individual basis: asylum is given, or it is not; people are returned, or they are not. I would like to keep to that system, but recognise that circumstances change, as has been shown in the last week in Syria.
(2 years, 2 months ago)
Commons ChamberMy right hon. Friend will be aware of an unwritten deal, but a deal based on trust, that east Kent would not be facing any accommodation because of the pressure that Dover is obviously facing and the pressure we have in Manston as a primary dispersal centre. So he can imagine my displeasure that a hotel in Cliftonville, the Glenwood Hotel—a small facility of just 21 rooms—is being readied to be set up on 20 September. I am unhappy about this because of, as I say, the deal based on trust because of the pressure that east Kent is bearing. I would certainly hope my right hon. Friend will intervene to make sure that this pretty insignificantly sized facility will be withdrawn.
Order. Just a quick reminder that we must have succinct questions because we have a lot to get through later.
(2 years, 11 months ago)
Commons ChamberI thank the hon. Gentleman for those important questions. The most important point to stress is that the advice of the UKHSA has been followed throughout. With any emerging health issue, the response has to be dictated by medical advice and the response has to increase along with the issue and the challenge. That is exactly the approach we have taken. When there were a very small number of cases, the approach of the UKHSA was that we screened individuals, that we provided medication and support for those who had symptoms, and that we ensured that the directors of public health in the community knew how to treat those people who responded later on with symptoms. Now that the number of cases is somewhat higher, it is clear that we have to up the response, which is why we are now ensuring that no one with symptoms leaves our care at Manston or at the accompanying secure hotel. It does mean that we need to ensure that the right data flows with the individuals—I think that is the point he was making—so that, if migrants arrive in a particular location, the directors of public health and the local NHS know as much as is possible about their pre-existing medical conditions, given the cohort of people.
Now that we are operating Manston in the way that I would wish, meaning that individuals flow through it within a matter of hours, fewer people will be detected at Manston because they will be there for far shorter periods. It is important that we work with directors of public health to put in place the correct procedures in the community so that they can identify people, get them the treatment they need, vaccinate them where appropriate and ensure they are properly isolated.
Finally, the hon. Gentleman asked a valid question that I too have asked of our advisers: is there a simple test we can apply to all those with diphtheria? It is the advice of Dame Jenny and UKHSA that there is not a lateral flow-style test that could be applied to all individuals while they are at Manston that would provide any degree of accuracy. However, we will be screening people thoroughly and, if there are any symptoms, they will be put into this new procedure.
I thank my right hon. Friend for the assurance he has given to the House today, particularly on the appropriate isolation. I sympathise that he is on the horns of a dilemma here, because if we were to hold people longer in Manston, we would have the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) coming to this place saying that people had been held for too long. To contrast that with what this House did during the covid period, we enforced vaccinations and we almost enforced PCR tests, so I do not think it would be unreasonable for all of those coming through Manston to be appropriately tested. Thankfully, the incidence of diphtheria is now very low in the background of our population, with very early weeks vaccination, particularly the 6-in-1 vaccine, but we do have a growing number of people avoiding vaccinations—very sadly and very sillily, in my view—so we must make sure that we keep a lid on this disease and that it does not spread. I am relying on his Department to do all that is necessary in this time
I am grateful to my hon. Friend for his constructive approach to this difficult issue. We will be ensuring that correct screening is in place; as I said earlier, I have asked Dame Jenny whether there are even more screening procedures that we need to put in place, what those might be and how we can do that as quickly as possible. At the moment, we are following the UKHSA advice to the letter.
I have also asked Dame Jenny to work on monitoring other infectious diseases prevalent in northern France and in the countries from which some of the migrants are coming, and on whether that should guide the further vaccination or screening procedures put in place. My hon. Friend is right to draw the parallel with covid, in that the public will rightly expect that individuals entering the UK should be kept in close quarters while they have infectious diseases, and not be released into the broader population. That is why we have implemented these measures. If we need to go further, he can be assured that we will.
(2 years, 11 months ago)
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I totally agree. Deterrence must be the test to which we hold all aspects of our immigration policy. We will implement the Rwanda plan as soon as it has passed through the courts, and I think it will make a significant impact on deterring people from making this dangerous crossing.
Does my right hon. Friend share my grave concerns about the radio chatter recorded just this week by one of my constituents? It records a high level of co-operation between the French navy and UK Border Force as the French navy escorts migrants through French waters to be picked up on our side of the median line. The new French deal is trying to stop beach launchings. Welcome as that deal is, does it include a requirement for the French navy to stop and pick up migrant dinghies while they are still in French waters?
We do not support the chaperoning of crafts to the median line to be picked up by British vessels and brought to Ramsgate, Dover or other British ports. Ultimately, that is counterproductive: it creates yet another pull factor to the UK. These are exactly the things that closer co-operation with France should enable us to resolve.
On 23 September, when I was crossing the channel—quite legally—I spotted the French warship Athos behaving very strangely. I have here a screenshot of the warship, which I took on a navigational device. It was circling a small open boat full of people.
The warship made no attempt to pick those people up, as it should have. As a yachtsman, I can tell the House that they were in danger and should have been taken off the boat, but the warship was, as my hon. Friend says, escorting that boat to our shores.
I am pleased with the deal that the Home Secretary made, and it is, as my right hon. Friend said, a good first step, but in my view it does not go far enough. Should we not push to get British boots on the ground and on the beaches alongside their French counterparts, in joint operations, to keep people on the shores of France, or on the shores of the continent?
(3 years ago)
Commons ChamberFor a few moments I thought that the hon. Gentleman was going to approach this in an intelligent and constructive manner, but sadly that was the triumph of optimism over experience. In fact, the Labour party is trying to politicise this, and we can of course say the same. The Labour party has no plan to tackle illegal immigration. It does not want to tackle illegal immigration. The Labour party left a system in ruins in 2010, as my right hon. Friend the Member for Ashford (Damian Green) would attest, as he had to help to pick up the pieces. We believe in a system of secure borders and a fair and robust asylum system in which all members of the public can have confidence.
The hon. Gentleman asked about the Home Secretary’s conduct. Let me tell him that my right hon. and learned Friend the Home Secretary has consistently approved hotel accommodation. More than 30 hotels have been brought on line in the time for which my right hon. and learned Friend has been in office, which has ensured that thousands of asylum seekers have been able to move on from the Manston site and into better and more sustainable accommodation. And look at her record over the course of the last week! The population at Manston has fallen from 4,000 to 1,600 in a matter of seven days. That is a very considerable achievement on the part of the Home Secretary and her officials in the Home Office, and I am proud of it.
The Minister will be well aware that previous student accommodation at Canterbury Christchurch University—86 rooms—has been taken up by a company called Clearsprings, one of many outsourced companies around the country that have been trying to find accommodation. He may also be aware that Thanet District Council had been in correspondence with the Home Office in August, saying how unsuitable the site would be because of its close proximity to both primary and secondary schools that were a few hundred yards away, and because it was in a residential area.
Is it not the case that outsourced companies such as Clearsprings and Serco are simply running roughshod over planning consents, local authorities and local consultation? I am very concerned about this example. The Home Office must get involved when these large sites are selected, rather than big outsourced companies just doing as they please.
My hon. Friend and I were in contact about this issue over the weekend, and I know how strongly he feels. My first duty has been to ensure that Manston can operate in a legal and decent manner, and we are well on the way to achieving that. The second task is ensuring that the Home Office and its contractors procure accommodation—whether it be hotels, spot bookings or other forms of accommodation—in a sensible manner, taking into account many of the factors that my hon. Friend has just described, such as safeguarding, the impact on the local community and the likelihood of disorder, whether there is already significant pressure on that community, and whether it is a tourist hotspot. Those criteria need to be followed carefully.
My third priority, beyond that, is our exit from this hotel strategy altogether. It is not sustainable for the country to be spending billions of pounds a year on hotels. We now need to move rapidly to a point at which individuals are processed swiftly so that the backlog in cases falls and we disperse people fairly around the UK to local authority and private rented sector accommodation where appropriate. We also need to look into whether other, larger sites that provide decent but not luxurious accommodation might be available, so that we do not create a further pull factor for people to come to the UK.
(3 years ago)
Commons ChamberI read with interest the session that the right hon. Lady conducted last week at her Select Committee, and I just want to put on record my immense thanks to the officials. The officials she heard evidence from are brilliant—simply the best in the business—and they work day in, day out to try to get the best service. I note that, from questions 67 to 78 approximately, there was a lot of discussion about my involvement and my grip of the situation, and I encourage all Members to read that section of the transcript, which confirms—on the record, by officials with whom I have been working directly—that there has been active procurement of hotels, and there has been a huge amount of work. [Hon. Members: “How many?”] How many? I will repeat myself again: since 6 September, over 30 new hotels have been agreed, providing over 4,500 additional hotel bed spaces. That has been under my watch. That has been when I have been in charge of the Home Office. I am very grateful to all those officials, and I must put on record my thanks to the now departed Minister, my hon. Friend the Member for Corby (Tom Pursglove), who has been instrumental in assisting in dealing with this problem.
My right hon. and learned Friend mentioned Albanians in her statement, and I hear that two thirds of those at Manston are Albanians. Does she have an absolute figure for that? Is my right hon. and learned Friend aware that Germany and Sweden, which work to the same immigration accords as we do, allow zero applicants from Albania? Surely, it stands to reason that as an EU-applicant country, a NATO country, a country in the Council of Europe and one that is patently not a war zone, we should not be accepting claims for refugee status from such a country. What is she going to do about that aspect of this problem?
My hon. Friend again raises a very important feature that has emerged over the last six to nine months about the prominence of Albanian migrants arriving on our shores, and he is right. Albania is not a war-torn country, and it is very difficult to see how claims for asylum really can be legitimate claims for asylum. I would also note that we see a large number of Albanian migrants arriving here and claiming to be victims of modern slavery. Again, I really am circumspect about those claims, because Albania is, of course, a signatory to the European convention against trafficking—the original convention that underlies our modern slavery laws—and if those people are genuinely victims of modern slavery, they should be claiming that protection in Albania.
(3 years, 5 months ago)
Commons ChamberMy hon. Friend is tempting me into an area in which I will lose all my friends, as he well knows. My off-the-cuff response—and it is just an off-the-cuff response—is that it is an appropriate area for oversight by the ISC, not by the Defence Committee, simply because of the confidentiality and classification elements that apply.
Let me return to the question of the Official Secrets Act 1989. I agree with everything that has been said so far. I agree that we should look very closely at the Law Commission proposals, because we need certainty. What we have at the moment is an interpretation of the law by juries—whether it is the Ponting case, the Katharine Gun case, where we did not even get to the point because the Government ran away from the case on the first day of trial, or the Derek Pasquill case. In each case, we had an interpretation of the law on a commonsensical basis by juries. Thank heavens for that, frankly, because they have more sense, many times, than the Government have in these areas, but we need predictability on both sides. We need officials to know that if something is done that they think is against the public interest, they can be reasonably confident that the provision will be carried out. That, if it operates properly, will improve the public service. On the other side, the Government should also have a right to know what is coming in that area.
I will make one or two other small points. On the foreign power conditions in the Bill, Reprieve, Privacy International, Transparency International and other excellent organisations that do very good work have received some funding from other nations’ Governments. It does not seem to be the intention that the Bill would have them fall foul of this law, but that might be the effect, so we have to be very clear about how that works. Perfectly legitimate organisations could be left committing an offence, under this area of the Bill, if they use leaked information—which may not even be classified—to challenge Government policy. That requires a closer look.
My right hon. Friend is covering clauses 24 onwards, on the meaning of foreign power and influence thereon. There have been instances involving Members of the House during the past few turbulent years, when we had negotiations during the European Union; I did not agree with where they were going with their negotiations with the other side, outside Government channels, but I still believed that they had the right to do so. I am a little concerned that the Bill might capture that type of behaviour. Has he considered that? I would be interested to know Front Benchers’ thoughts on that as well.
As ever, my right hon. Friend stays one step ahead of me. We know that the socialist paradise of Sweden has banned the Confucius Institutes, which is a potentially attractive route forward. As several hon. Members have said, transparency is critical.
Just to finish the point about a two-tier system, while we need a light regulatory touch for most foreign entities in this country, the critical element is when would the Government have listed China, for example, for a much deeper level of requirement about proxies and registering interests—state interests and Huawei interests as well? Would they have done it in 2012, before the visit of President Xi? Probably not. Would they have done it in 2016? Would they be under pressure not to use these laws? We need a Government willing to use these laws and willing not to have an entirely laissez-faire system—a Government who understand that, in this day and age, defending our institutions, our democracy and people in this country from covert malign influence is absolutely critical, and that we need to take an approach that is deep in some areas but also broad and that captures all those involved.
I see that my hon. Friend is about to finish, and I have just got in in time. I understand his desire for both breadth and depth, and he has very clearly identified various actors that would fall within the definition that he desires. However, there are big financial institutions that will at times be guns for hire for countries or institutions abroad, and for such a period their work may be contrary to what this country might like. I think that would be too broad, so what would his interpretation of that be? I am thinking of the big financial institution that perhaps assisted Greece into the euro at the time. It was perhaps a policy that was not great for the UK, but we would not say that it was normally a hostile institution.
No, my hon. Friend is absolutely right, and that is where the element of judgment comes in. By the way, I thank him for interrupting me. I look forward to the day when colleagues will spot my perorations; we have not quite got to that yet. That is where the judgment of Ministers comes in handy, and I shall leave it at that.
(3 years, 6 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I am disappointed to hear the hon. Gentleman’s comments and the tone of them. We have not been nonchalant. Although others have not shown too much interest until now, the teams—including those in the hon. Gentleman’s constituency—have been working hard. In some cases, they have been working extra hours over weekends—for which I pay tribute to them—to produce a record output that is far above any other Passport Office output on record.
What the hon. Gentleman says sounds rather odd when we are recruiting extra staff and making sure that cases can still be expedited if there are urgent demands. We were clear last year that we put the service standard at 10 weeks to make sure people knew that they may need to allow extra time. Last year, we sent 4.7 million texts to those who had not renewed their passport to try to encourage more people to get their passport applications in. Far from our being nonchalant or uninterested, a lot of work has been done. It is a shame that the passport teams working hard in the hon. Gentleman’s constituency are perhaps not getting some of the credit they deserve.
I appreciate that the surge is such because people have not been able to go away, which was not unanticipated, but I have not heard of too many problems with the online system. People can do online applications and they have been fairly quick.
I have a number of cases, one of which is from just this morning. I will not mention their name in case they get a miracle and are able to go on holiday to Mykonos on Saturday 7 May—I would not want to advertise that they might be away. They have new twins so have to use the paper-based system. Has the Minister been to the passport office at Peterborough or anywhere else to see the volume of physical mail that is sitting at these offices? Is it that working from home has really not helped the system over this recent period?
Clearly, there were times over the past couple of years when people were working from home. I have to say that for things such as document scanning, the teams are in the office. A small cohort are employed to work fully digitally, but I have to say that they work on digital applications—for obvious reasons—that can be fully worked on at home. The digital system has provided a great help in dealing with the level of demand, given that it simplifies the process all the way through, including for the applicant. I accept that there are cases in which the digital system cannot be used for particular reasons.
On where we are with the process, things are getting through but, as I say, we advised people to allow 10 weeks, partly because we wanted to be up front with people about potential challenges, but also to ensure that we could get through applications and people did not miss the holidays they had booked. As I say, again, if there are compelling or compassionate reasons, we will look to expedite.