Passport and Visa Measures

Lord Balfe Excerpts

Wednesday 9th June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I reiterate that we will not be reconsidering, but I do not agree with that assertion that thousands of children will not be visiting. What about the children from the rest of the world who visit this country? Are they in a different category? We are treating everybody in exactly the same way. Of course, there is always the option to get collective passports for groups of children issued under the 1961 Council of Europe treaty.

[Lord Balfe (Con)]

My Lords, the United Kingdom is getting a bit of a reputation for doing everything to annoy Europe. The Minister speaks about other countries, but all the nearby countries are in the European Union. All we are doing is making people feel unwelcome. We are tearing up something which does not need to be torn up. The Minister says that she will not reconsider, so I will not ask her to, but I will ask her to reflect on the damage this is doing to Britain’s reputation outside this country.

[Baroness Williams of Trafford (Con)]

I have much respect for my noble friend, but one could flip that the other way and say of the long-standing issue of children outside the EU: have we made them feel unwelcome for years? I do not think we have.

Immigration Rules: Statements of Changes

Lord Balfe Excerpts

Thursday 27th May 2021 Lords Chamber

[Lord Balfe (Con)]

My Lords, it is not evident from my accent, unlike that of the noble Baroness, Lady Bennett, that I was only a few months out of Ireland when I was born. So, I was almost an immigrant, and my father most certainly was.

My first point goes back to that made by the noble Lord, Lord Liddle, and others: what is Parliament for when we are debating things that are so far past? I understood not only that we were taking back control but that the function of the British Parliament was to debate major changes in law and practice before they came into operation. That has most certainly not happened. I ask the Minister to take back to her department —and to her Government, because this is not just a Home Office matter—the way we feel we are being treated. We are being treated not as legislators but as rubber stamps, and that is not acceptable.

In my long career in politics I have never known debates on immigration to be either clear or popular. They are not clear because people get confused between asylum seekers, illegal immigrants and legal migrants, and they are seldom without emotion because people project their fears on to others, and the others are often those migrant communities. People feel threatened. I noticed, when I was in the Labour Party many years ago, how threatened many working-class Labour supporters felt by migration. We should not get away from that. One of the problems that the Labour Party has now—if the noble Lord, Lord Liddle, as its sole representative on earth, does not mind me saying so—is that many people at that level feel that there are some subjects they can no longer talk about within the political framework, and I am afraid that will have to change.

I draw attention to the huge number—I believe my noble friend Lord Horam referred to this—of doctors and nurses that we strip out of the third world. We let them be trained there and then we bring them into this country. Of course, they do valuable work but they do it away from the communities in which they grew up, which are often far less well-endowed than us. Any approach to immigration needs to be accompanied by an expansion of training places for those skilled migrants that we are pulling in, particularly from the third world.

I turn to the 2016 vote and what came out of it. People got completely confused. When I was canvassing for Remain in Cambridge, I was stopped by someone who was very angry with me and said: “Look, we don’t want these Nigerians here.” That was a total misunderstanding of what it was all about.

Now, without a second thought, we have signed up for something like 5 million citizens from Hong Kong to come and live here. There has been no debate about it. We have various prognostications as to what we want in the way of new housing, but no one mentions where 5 million new citizens are going to go. Will it be like Canada, where Vancouver has become a south-east Asian city? It could well, but we need a debate about it.

We also need a debate about illegal migrants and asylum seekers and the difference between the two. As the Minister will know, I have asked on numerous occasions how come we cannot stop boats crossing the Channel. How come it is apparently not an offence to illegally enter the country? People suddenly appear here and, frankly, it is worth taking the chance, but it should not be worth it. That is something we need to tighten up on because there is a world of difference between people-smuggling and immigrants and migrants coming into the country and leaving. On balance, I tend to be closer to the noble Lord, Lord Bilimoria, than to the noble Lord, Lord Green: the noble Lord, Lord Bilimoria, has outlined the advance and contribution made by migrant communities, and it is enormous.

The biggest attraction of the United Kingdom is the English language. Wherever you go in the world, if people know a handful of words outside their own language, they will be in English. We are seen as a magnet because we have a reputation for being a free, decent and incorrupt country. We should not sacrifice freedom, decency or our lack of corruption, so we have to make a policy and a framework that will work within that, and that will encourage genuine migrants but crack down on the illegal businesses that are flourishing.

Net Migration

Lord Balfe Excerpts

Tuesday 25th May 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, from 1 July it will be incumbent upon people who enter this country to do so through a legal route, and the immigration system will be operating from then. It is right that we provide inadmissibility for people who do not come through those safe and legal routes.

[Lord Balfe (Con)]

My Lords, while I support many aspects of the new policy, in particular for asylum seekers, will the Minister look at the scandal of people landing on the beaches of this country, seemingly at the end of a system of abuse of the system, and make it an offence, with suitable penalties, to enter the country illegally?

[Baroness Williams of Trafford (Con)]

My noble friend has illustrated the abuse on so many levels of people coming to this country through non-legal routes. People landing on the beaches is a scandal for all sorts of reasons, mainly because criminality has brought them there. They are not necessarily criminals, but criminality has brought them there and criminality does not care at all for the safety and security of those people.

United Kingdom Resettlement Scheme

Lord Balfe Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am most grateful to the right reverend Prelate for the meeting I had with him and Reset. We talked about funding and the importance of the security of funding. We will continue with resettlement. That process has been paused and almost stopped at times, but we are reworking our approach to asylum to deliver a fair but firm system. I look forward to bringing those provisions forward.

[Lord Balfe (Con)]

My Lords, the key word in the Minister’s Answer was “legal”. I point out that we have a lot of refugee programmes and a visa programme for Chinese nationals. When we look at the resettlement scheme, I ask the Minister to ensure that, when we choose the refugees to resettle, we pay some attention, like the Canadian Government do, to the contribution they can make to the British economy and its future?

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend. Just because someone is a refugee, it does not mean they cannot contribute to society and the economy. Many of them can and are highly skilled. Going back to the conversation I had with the right reverend Prelate the Bishop of Durham, that is precisely what we are looking at. These people have much to contribute to our economy.

Refugees: Napier Barracks

Lord Balfe Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can say to the noble Lord that, first, we are working very closely with public health authorities. Secondly, on the various aspects by which you might judge how people are living, there is drinking water, including bottled water, and three meals a day, two of them hot. I have gone through the healthcare provisions, and legal advice is also available. There is wi-fi on site, and everyone has a phone.

[Lord Balfe (Con)]

The Minister has outlined the very large increase in the number of people in this sort of accommodation, and I accept that the Minister and the Government are doing their best. The one thing that they are failing on is the number of people who are getting into the country as illegal migrants. What I would like to hear from the department is that Napier barracks is closed because we have got a grip on illegal migration. Can the Minister promise us that that is also a priority?

[Baroness Williams of Trafford (Con)]

I can echo the words of my right honourable friend the Home Secretary, who has said that the asylum system is broken. Over the next few months, we will see how we will change the immigration and asylum process to be firm and fair, while ensuring that it absolutely clamps down on those facilitators of illegal migration, who are criminals.

Health Measures at UK Borders

Lord Balfe Excerpts

Thursday 4th February 2021 Lords Chamber

[Lord Balfe (Con)]

My Lords, I am sure we all support the Minister in what is a very difficult job. The Statement says that people should be staying at home unless they have a valid reason to leave, and that going on holiday is not a valid reason. I could not agree more; that is absolutely right. However, I ask the Minister to realise that there are some legitimate reasons why people need to travel. If I heard correctly, the noble Lord, Lord Paddick, is in Norway at the moment, presumably because he has a very good reason to be there.

I wish to ask the Minister two questions. The Statement says:

“We will introduce a new requirement so that people wishing to travel must first make a declaration as to why they need to travel. This ‘reason for travel’ will be checked by carriers”.


When will this come into force and will it be available online? It says, “checked by carriers”, so presumably the carriers will be given some guidance. Can the Minister clarify whether the result of a negative lateral flow test done by the NHS is acceptable when presented to Border Force as proof that the bearer is not infected and therefore eligible to travel?

[Baroness Williams of Trafford (Con)]

My Lords, guidance is always issued when the rules change, and it is absolutely right that it would be issued in this case. The noble Lord is absolutely right: the rule is to stay at home unless there is a legitimate reason to leave. Of course, some people do have legitimate reasons to leave and I know that he is one of them.

NHS tests cannot be used for predeparture travel purposes, and it is not because of the type of test—for example, the lateral flow test. It applies to any NHS test, and that is because we believe that the NHS testing capacity should be used for health purposes and not for the purposes of travel. However, I take his point about the necessity of him having to travel. Protecting public health remains our top priority and we need to reduce the risk of importing Covid. All business is important, but we acknowledge that a high proportion of work can be done online—not his, I know—and people should limit travel where possible to essential journeys. I am afraid that exemptions from the self-isolation passenger information and predeparture testing requirements will not apply to business travel. A limited number of jobs qualify for exemption, which are vital to maintaining the flow of critical goods, protecting essential services, protecting national security or facilitating government work.

Channel Crossings in Small Boats

Lord Balfe Excerpts

Thursday 3rd September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I am glad that the noble Lord recognises the need for legal routes. Of course, we have a number of those. Under Dublin, someone can claim asylum in the first safe country that they arrive in, which is of course all the states of the EU. We have our national resettlement scheme, under which we have resettled more people than any state in the EU, and 46,000 children have received our refuge since 2010. We also have family reunification visas, of which we have issued 29,000 in the past couple of years. That is not to say that what is happening is right; it absolutely has to be tackled. With what has been happening with small boats, the only people who benefit are people traffickers and criminals.

[Lord Balfe (Con)]

Setting aside the attractions of the UK because of language and relatively lax employment rules, I was on the Operation Sophia committee of this House, which looked at the EU’s system for dealing with migration. We concluded that the only way to deal with it was to break the business model. Will the Minister, first, consider, in talks in the Home Office, the need to destroy the boats and all the equipment that people arrive in, and, secondly, look at a system whereby they do not land in the United Kingdom but are put on a boat and taken somewhere else so that the attraction disappears? At the moment, if you land in the UK you have a 95% chance of staying. We have to break that if we are to deal with this problem.

[Baroness Williams of Trafford (Con)]

My noble friend outlines some of the complexities of this. It is not in our purview to go and destroy boats that are not on our soil. They quite often come from France, as my noble friend said. On not landing in the UK, it is an internationally accepted arrangement that the first job of any maritime force, whether Border Force or whoever it is, to save lives at sea. That is a really important thing here. I will repeat what I said in the first instance: on taking someone somewhere else, when people are taken safely on to our soil we are obliged to hear and deal with their asylum claim. This is a problem for every state in the EU: we need to work, together with our partners, to deal with some of the problems of upstream criminality. The reason why people get on to these boats and take perilous journeys is that criminality, unfortunately, is at the heart of it.

Hong Kong British National (Overseas) Visa

Lord Balfe Excerpts

Wednesday 29th July 2020 Lords Chamber

Asked by

[Lord Balfe]

To ask Her Majesty’s Government, further to the Written Ministerial Statement by Baroness Williams of Trafford on 22 July (HLWS415), what is their (1) upper, and (2) lower, estimate for the numbers of people who could participate in the new Hong Kong British National (Overseas) Visa; on what basis “there will be no skills tests or minimum income requirements, economic needs tests or caps on numbers”; and what assessment they have made of the impact of this decision on their wider immigration policies.

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

My Lords, the new Hong Kong BNO visa requirements reflect the unique and unprecedented circumstances in Hong Kong, and the UK’s historic and moral commitment to British national (overseas) citizens. There is no quota on numbers, and we are working closely with the FCO to forecast how many people are likely to apply. The visa will not set a precedent for our wider immigration policies.

[Lord Balfe (Con)]

I remind the Minister of Auguste Comte, who said that “demography is destiny”. We have had a population growth of 6.6 million in the last 20 years and are projected to grow by another 5.6 million in the next 20 years, making ours the fastest-growing population in Europe. The Migration Advisory Committee was consulted about the recent points system, limiting minimum salaries and the like. Has the MAC been consulted about the Hong Kong situation? Has it set down any guidance that should be followed and can we expect the 4 million to 5 million extra migrants that are predicted under this policy? Where does that leave the Conservative Party manifesto?

[Baroness Williams of Trafford]

The BNO visa is a very generous offer indeed to BNO citizens, which is proportionate to the unique situation that has arisen. The new route will not set a precedent. In terms of the 4 million people who will possibly come over, we estimate that up to 2.9 million status holders are eligible for passports, and at the moment there are around 350,000 passport holders. In reality, a large number of those who are eligible will want to stay in Hong Kong or relocate to other countries in the region. It is not possible at this point to predict with accuracy the number of BNO citizens likely to choose to come to the UK.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Balfe Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord Balfe (Con) [V]]

My Lords, someone needs to say it. Those countries of Europe closest to us, our neighbours, are the ones we have most in common with. We should not be contemplating this Bill—I deeply regret it and find it totally depressing that we are considering it.

The first question I want to ask is of the Labour Party. There is a majority in the House, if Labour supports it, for this Bill to be improved. We saw in the Business and Planning Bill that Labour did not support any amendments, because it wanted it to get through without a Third Reading debate. My first challenge is to the noble Lord, Lord Kennedy, when he winds up for the Labour Party. I am not asking for specifics, but are we going to see the same again, or will Labour support reasonable amendments to this Bill?

My second point is that 1.2 million British citizens live in Europe. They have genuine concerns. They want three amendments to this Bill. The first would prevent the removal of the existing right of UK citizens who moved to the EEA to return with the families they have made there. The second and third would prevent the Bill’s regulation-making powers being used to breach the UK-EU withdrawal agreement. Is the Minister prepared to meet representatives of Britain in Europe to discuss their concerns?

My next set of points is from Unison, the union that represents many of the low-paid workers who have been spoken about by noble Lords today. Many of these workers uphold our services, which would not exist without them. There are a number of areas where improvements are needed, not only in the £25,600 threshold, but also in other areas to help low-paid workers. I hope that the Minister will be significantly sympathetic to the need to draft provisions in this area.

Finally, we seem to have privatised the immigration system, with one great notable exception. We have all these difficulties: we need to sort people out and reduce migration— apart from 3 million people from Hong Kong, who, somehow, we can fit in with no problem at all.

This is not a very logical Bill, and I hope we can improve it as it goes through the House. If we can, we can at least make a depressing Bill just about adequate.

Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Lord Balfe Excerpts

Friday 10th July 2020 Lords Chamber

[Lord Balfe (Con) [V]]

My Lords, I too extend my congratulations to the Minister on attracting 24 speakers to her debate on a Friday morning and on presenting it so clearly. I want to make three points. The first is on biometric data. I agree strongly with the noble Lord, Lord Mann, but I would like to come at this from another angle. There seems to be a tendency to think that keeping biometric data is somehow wrong. I put forward the case that having a national register of biometric data might actually be a good thing, and that we should possibly extend it to having a national DNA database. This is the technology of the future—the technology that succeeds fingerprinting. The thing is not to let the police look after it but to have it in the hands of an independent agency—an independent, accountable agency, which is publicly responsible for the data so that we do not leave it to the whims of the police at all.

My second point, which occurs in the document, is about allowing the police to keep us safe. We all agree with that. Most people would agree that some of the recent things that have happened with regard particularly to race have done the police’s reputation no good at all. It is in everybody’s interest to get proper training so that the application of these powers is seen to be fair to all sections of society.

My third and final point is that we say we are strengthening UK defences against hostile state activity, but I would like to know what more is perceived as needed—and what, anyway, is a hostile act and how can an examining officer identify one?