Immigration Bill

Debate between Lord Bates and Lord Rosser

Monday 21st March 2016 Lords Chamber

[Lord Rosser (Lab)]

My Lords, estimates from Save the Children and the United Nations High Commissioner for Refugees suggest, as has been said, that there are some 24,000 unaccompanied child refugees in Europe. Europol estimates that more than 10,000 unaccompanied children registered after arriving in Europe over the past 18 months to two years have disappeared.

The Government’s policy is to provide assistance to help those in Syria and those from Syria who have moved to adjacent countries. That is welcome, but it does not answer the question of what will happen to those unaccompanied refugee children already in Europe and what effective help will be directed towards them. Are we really going to say, based on an unsubstantiated argument, that relocating just 3,000 such unaccompanied refugee children to the UK will act as a serious pull factor for more children to be sent by parents and that we intend to do nothing to help along the lines called for in the amendment?

Where children have been identified as being unaccompanied, on their own and having fled from a country ravaged by civil war, where tens or hundreds of thousands have died, with many being brutally murdered, is it really still the Government’s policy to overlook them as far as any relocation to the United Kingdom is concerned because they landed on their own on a Greek island, for example, rather than being in or near Syria? Should we, as a European nation, not accept responsibility for some unaccompanied children already in Europe? Doing nothing will not mean that those children will return to where they came from. It will simply mean that they will become more likely than ever to be exploited and abused by people traffickers and others of ill intent.

We support the amendment. If, having heard the Government’s response, my noble friend decides to test the opinion of the House, we will vote for it.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I preface my remarks with a few comments. First, no one doubts the situation that many of these people find themselves in and the enormous humanitarian crisis unfolding across the world. As all people agree, it is the worst humanitarian crisis since the end of the Second World War and it is happening right on Europe’s doorstep. There is no question, in any shape or form, of the Government not getting it; this is an enormous crisis.

Secondly, I pay tribute to the noble Lord, Lord Dubs, who not only is a great parliamentarian but speaks with great moral authority in this area because of his personal story. We acknowledge that. I know from meetings with the Home Secretary that she takes a personal interest in this, because Sir Nicholas Winterton was a constituent of hers until he sadly died last year. She has been a great supporter both of him and, of course, of the wider Kindertransport tradition, and of what that says about the generosity of spirit of this country, which has been repeated on a number of different occasions, whether in the case of the Ugandan Asians or the Vietnamese boat people.

Thirdly, I want to say something about Save the Children. No one doubts its analysis, which is at the centre of the debate, the quality of that organisation or the incredible work that it is doing, which I have had the privilege of seeing for myself in the Bekaa valley in Lebanon. I had the privilege of visiting those camps and seeing what they were doing. It had a transformative effect on me, not least because it inspired me to come back and walk 518.8 miles to raise money for Save the Children to help in those very camps. So I am not critical. Nothing here understates the crisis or seeks to take away from the great moral authority and history with which the noble Lord, Lord Dubs introduced his amendment, and nothing that I am about to say takes away from our admiration for the work that Save the Children does on this campaign.

The area that we take issue with was probably summed up by the intervention of the noble Baroness, Lady Lister. She said that this report by Save the Children came out in September and that since then the Government have basically sat on their hands and done nothing about it. I put on record that, in September, the Prime Minister announced that we were going to take 20,000 Syrian refugees over the lifetime of this Parliament. When we were in coalition we struggled ever to get more than a couple of hundred under the Syrian resettlement programme. Of that 20,000 who have come so far, 51% have been children. One can therefore extrapolate that what the Government announced in September is more than three times the number of children the amendment seeks to support.

Moreover, the Prime Minister has led the charge in raising funds to help people in the refugee camps. Oxfam’s latest report, which is entitled Syria Refugee Crisis: Is Your Country Doing its Fair Share? and was published in February 2015, highlights a figure of, I think, 227%. That is how much of our fair share the United Kingdom has placed in financial support to Syria. So when people start talking almost as if we should be hanging our heads in shame at the Government’s record in responding to the crisis, I simply say that the facts do not add up to suggest that. We are doing an incredible amount. The Prime Minister led that excellent summit in February, which raised a further $11 billion for the crisis in Syria. Of course, further work is ongoing.

In the specific instance when the Prime Minister was asked about this case—I think by Tim Farron of the Liberal Democrats in December in the Commons—he said that he would go away and look at it. Again, the suggestion was somehow that the Prime Minister went away, shrugged his shoulders and forgot all about it. Far from it: he said that he would talk to the UNHCR, with which we work closely in the region, to put the best interests of children first.

We listened to its advice and concerns and we came back with an interim report in a Written Ministerial Statement on 28 January by James Brokenshire, which said that we were first looking at whether we could introduce a scheme not that far away from what my noble friend Lord Lawson, the noble and learned Baroness, Lady Butler-Sloss, and the noble and learned Lord, Lord Brown of Eaton-under-Heywood, talked about. We said that we would look at that and discuss it with the UNHCR. That is exactly what we are continuing to do. The UNHCR has just enabled us to receive that report; it was received by James Brokenshire. We are now considering it and we will come forward with our proposals on how to respond to it. We need to be clear when we talk about the numbers that those numbers were an estimate. Save the Children recognises that. When it said 26,000, it was an estimate of the number of unaccompanied asylum-seeking children that had made their way through Italy and Greece in the period up to August 2015. That was an estimate. It is not as though those people are waiting in a particular area inside Europe.

My second point relates to age. This is a material point, because our Syrian vulnerable persons relocation scheme, which has brought 1,000 Syrians to this country already and has pledged to bring 20,000, is aimed at the most vulnerable. Questions can be asked, and I hear what the noble Lord, Lord Scriven, said about age, but we need to consider that 61% of unaccompanied asylum-seeking children who arrive in the UK are aged 16 or 17. We know that the prime country from which they come is not Syria but Albania, followed by Eritrea, Afghanistan and then Syria. The majority, 90% of those who arrive in this country as unaccompanied asylum seekers, are male. The central focus of the Government’s strategy in supporting Syrians has been the protection of women and girls in particular. Therefore, again, the question is whether we are helping the right people.

My next point concerns the pull factor. I am not going to get into that kind of language, but here is what Europol says. Europol says that of the people who arrive in Europe seeking asylum, 90% have got here through a criminal gang. These criminal gangs are vast money-making machines exploiting human misery. I would have liked to have heard a great deal more moral anger directed at those criminal gangs and the way that they are exploiting these children and encouraging them to put their lives in peril by embarking on that journey. I would have liked to have heard a bit more about that. We have set up a task force to seek to clamp down on those criminal gangs that are at work and causing so much misery.

Are people from Syria arriving in the UK? Yes, they are. Every week they are arriving in the UK. They are arriving at airports such as Glasgow and Newcastle, they are arriving into London and they are being welcomed and hosted by British people. They come here not on their own but because we invite them in family units. They come here not to sleep in cardboard boxes but to go into local authority social housing, and they are provided with care and support, including healthcare and psychiatric care, and with the opportunity to work and earn a living. I think that that is in the best traditions of what the noble Lord, Lord Dubs, called for in this country. It is happening day in, day out in this country and it will continue. It may well be that it will actually continue at a faster pace as a result of the Prime Minister’s initiative in asking us to look again at the report that Save the Children did and engaging with unaccompanied asylum-seeking children.

What is my central argument on this amendment? Basically, I question whether it identifies and provides help to the right people. The people who are in Europe, wherever they are in Europe, have the right to claim asylum here. The people most at risk—the most vulnerable— are those who are still in the region. That is why our scheme is designed to take people directly from the region to the UK. Noble Lords may seek to belittle some of what the Government are doing, but compared with our European colleagues, we are doing a great deal. We have relocated 1,000 already, as the Prime Minister said we would by Christmas. There was some scepticism as to whether he would deliver on that pledge; he actually exceeded the pledge and we are continuing to do it. In the whole period, the 27 other countries in Europe have managed to resettle 650. Only six countries actually take children, so when there is moral outrage at what the UK is doing in response to the Save the Children report that asked us to take our fair share, I hope that that moral outrage is being directed also at the 21 countries that have not actually taken one Syrian refugee.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2016

Debate between Lord Bates and Lord Rosser

Thursday 17th March 2016 Lords Chamber

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, the International Sikh Youth Federation, which I shall refer to as the ISYF, is a separatist movement committed to the creation of Khalistan, an independent Sikh state in the Punjab region of south Asia, and was established in the 1980s. The ISYF’s attacks have, in the past, included assassinations, bombings and kidnappings, mainly directed against Indian officials and Indian interests. The ISYF has been proscribed as a terrorist organisation in the UK since March 2001. The decision to proscribe it was taken after extensive consideration and in the light of a full assessment of available information, and it was approved by Parliament. It is clear that the ISYF was concerned in terrorism at that time.

Having reviewed with other countries what information is available about the current activities of the ISYF, after careful consideration the Home Secretary has concluded that there is now not sufficient evidence to support a reasonable belief that the ISYF is currently concerned in terrorism as defined by Section 3(5) of the Terrorism Act 2000. Under that section, the Home Secretary has the power to remove an organisation from the list of proscribed organisations if she believes that it no longer meets the statutory test for proscription. Accordingly, the Home Secretary has brought this order before the House and, if it is approved, it will mean that being a member of, or providing support to, this organisation will cease to be a criminal offence on the day that the order comes into force.

The decision to deproscribe the ISYF was taken after extensive consideration and in the light of a full assessment of available information. As noble Lords will appreciate, it would not be appropriate for us to discuss any specific intelligence that informed the decision-making process.

The Government do not condone any terrorist activity, and deproscription of a proscribed group should not be interpreted as condoning any previous activities of this group. The British Government were always clear that the ISYF was a brutal terrorist organisation. Groups that do not meet the threshold for proscription are not free to spread hatred, fund terrorist activity or incite violence as they please, and the police have comprehensive powers to take action against individuals under the criminal law.

We are determined to detect and disrupt all terrorist threats, whether home-grown or international. Proscription is just one tool in the considerable armoury at the disposal of the Government, the police and the Security Service to disrupt terrorist activity.

The Government continue to exercise the proscription power in a proportionate manner, in accordance with the law. We recognise that proscription potentially interferes with an individual’s rights—in particular, the rights protected by Article 10 on freedom of expression and Article 11 on freedom of association in the European Convention on Human Rights—and so should be exercised only where absolutely necessary. A decision to deproscribe is taken only after great care and consideration of a case, and it is appropriate that it must be approved by both Houses. If agreed, the order will come into force on 18 March. I beg to move.

[Lord Rosser (Lab)]

I thank the Minister for his explanation of the background to, and purpose of, the order. As he said, it amends the Terrorism Act 2000 by removing the International Sikh Youth Federation from the list of proscribed organisations, meaning that, if the order is passed, it will no longer be proscribed as an organisation concerned in terrorism within the meaning of Section 3(5) of the Act.

As the Minister said, the international Sikh Youth Federation was added to the list of proscribed organisations under an order in 2001. Proscription has a number of consequences. These include it becoming a criminal offence to belong to or invite support for the organisation, or to arrange a meeting in support of the organisation. It also means that the financial assets of the organisation become terrorist property and can be subject to freezing and seizure.

Under the terms of the Terrorism Act 2000, a proscribed organisation, or any person affected by the proscription of the organisation, can apply to the Secretary of State for deproscription. If the application is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission. According to the Explanatory Memorandum, the Secretary of State has received such an application for the deproscription of the International Sikh Youth Federation and has now decided that there is insufficient information to conclude that the group remains concerned in terrorism.

The application was made by three members of the Sikh community in early February last year. It should have been dealt with within 90 days, but was not since the response was not made until the end of July last year. The response was to the effect that the Secretary of State still had a reasonable belief that the International Sikh Youth Federation was concerned in terrorism, but no reasons were given.

The applicants appealed on the basis that the Government had not given any reasons for the refusal to deproscribe, contrary to the rule of law, and that the ISYF was not concerned in terrorism. The Proscribed Organisations Appeal Commission directed the Home Secretary to provide reasons to support her position. However, on the day that the reasons and evidence were due, the commission was told that the Home Secretary would not now defend her decision but would lay an order for deproscription, which is what we have in front of us today.

Of course, the inevitable question that has been asked is what new information had come to light between the end of July, when the Home Secretary declined the application for deproscription, and the decision at the door of the Proscribed Organisations Appeal Commission some six months later not to defend that decision—new information that could not have been known or found out at the time of the decision at the end of July, over which the Home Secretary said there had been extensive consideration and a full assessment of the available information.

There is a feeling in some quarters that being required to provide reasons for the decision not to deproscribe may have been a not insignificant factor behind the very different decision then made by the Home Secretary to lay an order for deproscription. I have no doubt that the Minister will wish to respond to that point. Perhaps he could also say, without disclosing its nature or content, whether significant new information became available for the first time between the end of July 2015 and December 2015 which proved a key factor in reaching the very different conclusion from that reached in July: that the International Sikh Youth Federation should no longer be proscribed.

The Independent Reviewer of Terrorism Legislation has previously suggested that once an organisation has been proscribed, there should be a review of that decision within specified time limits to ensure that it continues to be justified and necessary. Since proscription is currently for an indefinite time, are the Government now looking at adopting a procedure and process along the lines suggested by the independent reviewer, and to which I have just referred?

Immigration Bill

Debate between Lord Bates and Lord Rosser

Tuesday 15th March 2016 Lords Chamber

[Lord Rosser]

Briefly, I am genuinely not clear what the problem is for the Government in accepting Amendment 116, which presumably would not involve large sums of money. As I understand it, it affects not people who have had their claims turned down and who have to leave the country, but people who receive a resident’s permit to remain in the country for differing reasons and differing periods of time. If it is the case that there is a gap between asylum support payments and mainstream payments, because matters are not all being dealt with within what is presumably the intended 28-day period, then, frankly, why not agree to the amendment? I hope that the Government will be able to give a helpful response to what, on the face of it, appears to be a pretty straightforward issue.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Lister, for moving her amendment and for maintaining pressure in this important area. She and the Red Cross have managed to identify a bureaucratic problem that we accept needs to be addressed.

In responding, I will place on record a few points. The first is my letter of 10 February, which is in the combined pack and set out my initial responses. I was also very grateful for the opportunity to meet—with the noble Baroness—officials. We talked through the reasons for the delays and the evidence. I know that that was something the officials found extremely helpful. It contributed to the response that I give now.

I thank the noble Baronesses, Lady Lister and Lady Hamwee, and the right reverend Prelate the Bishop of Norwich for bringing forward Amendment 116 concerning the transition off Home Office support of asylum seekers granted refugee status or other leave to remain. I agree with them on the importance of these arrangements, which we discussed at our meeting on 25 February. I also thank the British Red Cross for its excellent work in this area and for its advice ahead of this debate.

We allow a grace period of 28 days before Home Office asylum support ends in these cases. This is to provide time for the person to make other arrangements and move on from Home Office support. Many refugees have much to contribute to our economy as well as to our society, and work and integration go hand in hand. But some need support while they find work. I do not dispute that there is evidence—from the Department for Work and Pensions research in 2013 and the British Red Cross report of 2014; those two dates are relevant to the point I will come on to later—that some newly recognised refugees do not secure DWP benefits within 28 days. But the reasons for this are complex and the evidence does not show that the problem would be easily fixed simply by increasing the grace period to 40 days.

Our investigations into this show that there are two main reasons for delays. First, there is a lack of awareness among refugees of the need to apply for welfare benefits as soon as they are granted refugee status. Of the 16 people sampled in the Red Cross report, only three applied within the first three weeks of being granted status. That is a problem. Of course, they should apply for their biometric residence permit as soon as they get an indication, and that should take just a matter of days.

Help is on hand. I repeat that people are not left on their own with this. They are given advice and leaflets about the information and help that are available to them. Refugees can also seek help from the free telephone advice line run by Migrant Help—an excellent service that the Home Office funds. Migrant Help provides advice and support in building a new life in the UK, including help with housing and other issues. Refugees can also apply for integration loans. These can be used, for example, to pay a rent deposit or for essential domestic items or for work equipment. My point is that when we are identifying the problems, we must first make sure that people who are granted refugee status immediately understand what help is available to them and what they should do next. A new information leaflet for refugees was introduced in July 2015. In oral evidence in 2015 to the House of Commons Work and Pensions Committee session on benefits, the British Red Cross said the new leaflet provided “good guidance”. It supplements the advice and assistance available from Migrant Help, which I referred to.

Secondly, the DWP research identified occasions on which a lack of awareness among staff of the correct processes contributed to the problem. Updated guidance and instructions have been issued to DWP front-line staff to address this. We welcome the Work and Pensions Committee’s report on benefit delivery published on 21 December 2015, which recommends further work in this area. DWP will respond shortly to the report but intends to carry out an evaluation later this year of the impact of the improvements I have described.

The key point I make to the noble Baroness in assuring her that we take the concerns very seriously is that it is important that we have up-to-date evidence. I mentioned the reports from 2013 and 2014. We are now in 2016. Since those two dates, there has been a significant number of new initiatives and changes. We want to understand what the up-to-date periods of delay are.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Tuesday 15th March 2016 Lords Chamber

[Lord Rosser (Lab)]

We have an amendment in this group which provides that a person does not commit an offence of driving when unlawfully in the United Kingdom if at the time of driving the motor vehicles the person had a reasonable belief that they had a legal right to be in this country. Of course, the Government have tabled an amendment which provides that a person commits the offence of driving when unlawfully in the UK only if they knew or had reasonable cause to believe that they were disqualified from driving by reason of their immigration status. We welcome the move that the Government have made on this issue.

The argument has been made in this debate by the noble Lord, Lord Paddick, for deleting from the Bill this new offence and the powers to carry out searches related to driving issues. My noble friend Lady Lawrence of Clarendon has spoken powerfully on the potential consequences of this new offence and the associated search powers to increase discrimination and damage community relations, including relations with the police, and generally put the clock back.

The Government have said that guidance will be issued and that there will be public consultation but I, too, ask whether there will be any debate in Parliament on the guidance. What will be the Government’s reaction if the public consultation shows clear concern about the potential impact of the new offence? Will the Government then decide not to bring it into force? If the new offence does come into force, what regular checks and reviews will be put in place to ensure that the concerns that have been raised about its potential adverse impact on community relations and discrimination are not materialising? What ongoing liaison, consultation and discussion will there be between the Government, the police and those in our diverse community who feel strongly that this new offence could do more harm than good? They say that, among other reasons, in the light of the evidence, you are more likely to be stopped and searched if you are black or from a minority-ethnic group.

As has already been said, this is about what might happen in practice as opposed to what should happen, as set out in the letter to which reference has already been made of 1 March, which I accept also made reference to the pilot of the use of the search power in Clause 41 in one or two police areas before proceeding with a national rollout. I very much hope that the Minister will address the specific points that I have raised on what might be the outcome of the public consultation, and on the issue about the regular checks and reviews that will be put in place to ensure that if the offence does come into being what happens is what should happen, as opposed to the very real fears that have been voiced today that it will potentially cause damage to community relations and increase discrimination.

[Lord Bates]

My Lords, I will come to the points raised in this debate shortly but first I shall speak to the two government amendments in this group standing in my name.

Amendments 75 and 76 would introduce a mens rea to the offence of driving while being unlawfully present in the UK. As currently drafted, the driving offence contained in Clause 42 is one of strict liability, on which the noble Lord, Lord Rosser, raised some significant concerns in Committee. Following that exchange, we agreed to reflect further on the issue. I believe that we are of one mind in our intention to ensure that migrants are not prosecuted for this offence where they hold a genuine and reasonable belief that they are in the UK legally. The Government have been persuaded that it would be appropriate to place further safeguards on the face of the statute. These amendments introduce a mens rea element so that an illegal migrant will commit the offence of driving while illegally present only if they knew or had reasonable cause to believe they were in the UK illegally.

This will protect those who genuinely and reasonably believed they were here in the UK lawfully, while ensuring that other migrants cannot seek to avoid prosecution by avoiding contact with the Home Office and/or their legal representatives, in order to establish the necessary doubt as to whether they could reasonably be expected to have known they were required to leave the UK. I invite noble Lords to support these amendments.

I am grateful to the noble Lord, Lord Paddick, for moving his amendment. I fully accept that he is very sincere, but he also has a professional track record as he has worked in these very complex areas of community cohesion here in the capital, and has done so with great distinction over a long career. Of course, the work of the noble Baroness, Lady Lawrence, for victims and improving community cohesion is well recognised. For that reason, it was very important that we had that meeting on 22 February where we sat down with officials to discuss the implications and workings of this clause. I am sure that they will testify to the fact that it was not necessarily an easy or cosy gathering. There were some strong feelings and concerns on all sides which were expressed at that time. One of the things that your Lordships’ House does repeatedly in many areas that is immensely valuable—officials may not have appreciated it fully at the time, but they have come to—is to bring great understanding, background and perspective to these very complex areas to pose the key questions that need to be addressed.

That said, I turn to the amendments, because they stem directly from that meeting. We went back afterwards and asked how we do this. As the noble Lord rightly pointed out, the Home Secretary is acknowledged to have made significant steps in improving community cohesion, in particular in tackling abuse of stop-and-search powers. That is why numbers have fallen. Part of the reason why that happens is that the number of incidents is now recorded so we can see what is happening on the ground. I set out in my letter—more like an epistle, as the noble Lord, Lord Alton, might say—to noble Lords over some three or four pages on 1 March how that operated in practice and the effect it was having.

We have brought forward two things: to recognise that we are making significant progress to improve community relations, and to maintain the confidence of all communities in the police to act fairly and justly, as my noble friend Lord Deben and the noble Lord, Lord Green, said. Nothing must be done to put any of that at risk. That is why we are proceeding cautiously in this area by introducing a pilot scheme, as mentioned.

On the concerns that focused on police use of these powers with particular groups, these clauses are important and necessary. We do not issue driving licences to illegal migrants and we revoke driving licences held by them. So far we have revoked some 16,000 UK driving licences held by illegal migrants, but less than 1,000 have been returned, even though it is a criminal offence to retain them. As these licences hold a value as a form of identification that can help an illegal migrant settle in the UK, it is important that they are removed from circulation. Clause 41 provides the best opportunity for us to do this when a person is apprehended as an illegal migrant.

The Government cannot, however, revoke foreign-issued driving licences. Without Clause 42, illegal migrants would be able to drive on valid, foreign-issued licences without consequence. This, in turn, facilitates their ability to stay unlawfully in the UK, to look for work and to work illegally. Illegal immigrants should not be driving on our roads. They have shown a disregard for the laws of this country—that is the very point that my noble friend Lord Deben raised. Therefore, it is absolutely right that we legislate to ensure that they are unable to do so.

I re-emphasise the following points. First, these clauses do not create new powers to stop persons or vehicles. Secondly, we intend the police to use these powers reactively after they have already stopped a vehicle for an objective reason—I will come back to that particular use of words, as the noble Lord, Lord Alton, asked me to—such as a driving offence. I emphasise that these powers will not be used by the police to stop vehicles simply to check the immigration status of the driver. That is an important distinction between the roles and responsibilities of the police and of immigration enforcement. It is one that we recognise should be maintained. Thirdly, these powers must be used proportionately. To that end, we have put in place safeguards against misuse.

Finally, I reiterate that the Government are absolutely clear that no one should be stopped, under existing police powers, on the basis of their race or ethnicity. This would be unlawful. The Government also remain absolutely clear in their commitment to reform the use of police stop-and-search powers so that they are applied in a way that genuinely protects our communities. We would not bring forward any proposal that we believe might undermine this work.

We have listened carefully to the concerns raised about these clauses. In response, the Home Office will go further. We will issue guidance to police and immigration officers on the operation of these powers and we will consult publicly on that draft guidance. This consultation will take place before implementation. It will raise awareness and provide an important gateway through which communities will be able to consider and comment on, among other things, appropriate safeguards.

Children: Sexual Abuse

Debate between Lord Bates and Lord Rosser

Monday 14th March 2016 Lords Chamber

[Lord Bates]

They are very serious claims. The HMIC report at least pointed to some improvement. We have Professor John Drew looking independently into this and will carefully follow his responses. It is very important to have the confidence of the public in that particular area, which has been at the centre of so many cases, so we will be watching very carefully indeed.

[Lord Rosser (Lab)]

The Question makes reference to the police. Is it for a chief constable of a force to decide as an operational matter on the level and extent of a police force’s involvement in working together with social services and other agencies to protect vulnerable children from sexual abuse, or is that level of involvement ultimately a decision for the police and crime commissioner to make as a strategic policy matter?

[Lord Bates]

That is a very good question. I shall write to the noble Lord, because these are very important matters that we have to get right. We have put guidance on individuals’ responsibilities on a statutory footing, and that guidance has been published. Operations are matters for chief constables but setting the overall strategies and priorities for the budget are matters for the police and crime commissioner in consultation. I will set out in a letter to the noble Lord where the guidance fits with his question.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Wednesday 9th March 2016 Lords Chamber

[Lord Rosser (Lab)]

As has already been said, the Government have tabled a whole raft of amendments relating to the labour market aspects of the Bill and the new position of Director of Labour Market Enforcement and the associated organisations. A number of questions have been raised in this brief debate and I certainly do not intend to reiterate any of them.

We had a lengthy debate in Committee about including in the Bill wording stating that the primary purpose of the director is the enforcement of labour market legislation as defined in the Bill. The purpose of our amendment seeking to achieve that objective was to ensure that the director’s functions were exercised primarily for the purpose of protecting those vulnerable to labour market exploitation. As we know, the Government resisted defining in the Bill the director’s primary purpose and function. Our concern was that without a clear definition in the Bill of the function of the director—a post that is being established in an immigration Bill—there are likely to be misunderstandings or wrong assumptions on the part of those who might come into contact with the director’s organisation that the post was also about immigration checks, rather than just labour market enforcement.

In respect of one or more of the bodies under the Director of Labour Market Enforcement, the Government’s amendments appear to provide for the sharing of intelligence and new information-sharing gateways, and for the disclosure of information to specified persons. What assurances can the Government provide that these amendments will not lead to the director and the associated organisations moving into the field of immigration control issues, rather than just labour market enforcement and the protection of workers from exploitation?

[Lord Bates]

My Lords, I am grateful for the contributions that have been made. I apologise to noble Lords for bombarding them with so many amendments at the last minute. As is often said, “You’re damned if you do and damned if you don’t”. I have found it difficult to gather together all the pieces of this jigsaw, given all the consultations that we had. I wanted to bring together all the letters and the consultation documents into one document. The Bill team dutifully did that. I thought that was a helpful pack to take home and suggested that we ought to provide it to other Members. Therefore, we sat late into the night, binding the documents, putting them into envelopes and then ferried them across to the House to put them on to colleagues’ desks in time for today’s debate. That process was not meant to be an insult to noble Lords. On the contrary, we were trying to be helpful. There is nothing new in the pack. It is simply a collection of documents that have been sent out by other means.

There was a very good question from the noble Lord, Lord Alton, about the nature of the amendments. Lest I be accused of making a virtue out of tabling too many government amendments, sometimes in the journey of legislation we forget important elements of it. To give some context, there was a wide consultation on this new role, which went out between October and December last year, and we listened to those views. It was published in December, and in January we published the Government’s response. Rather than publishing that response and dealing with the issue in guidance, we thought, “Let’s try to make amendments to the Bill in the light of the responses and how we want things to change”. That accounted for the bulk of the amendments.

We flagged up these amendments back in January, on the first day of Committee. I said that we had tabled a batch of government amendments relating to labour market enforcement and that others would follow at this stage. Breaking those down might be useful. Of the amendments we have tabled, 14 relate to the intelligence hub; seven relate to the DPRRC’s report, which was extremely helpful, and implementing all of its recommendations; 18 are technical; there were some drafting changes, which relate to the additional 15; and two relate to changes to the territorial extent of regulation-making powers.

I am grateful to the noble Baroness, Lady Hamwee, for giving me notice of one of the points she was intending to raise. We believe that the title, Immigration Act, is entirely adequate given the measures in it. While the labour market enforcement procedures will protect all vulnerable workers, they will have a particularly beneficial effect for those who migrate to the UK, who are more likely to fall victim to exploitative employers as they may not fully understand their rights and can be far removed from their normal support structures. Chapter 1 of the Bill will better equip our enforcement bodies to find and stop unacceptable behaviour by rogue businesses—the point raised the noble Lord, Lord Deben. We need to ensure that migrant workers coming to this country are not exploited by businesses here; we need to up our game and ensure that businesses are playing by the rules and treating their employees properly.

The noble Lord, Lord Rosser, made a general point about the remit and asked about immigration control and the director getting involved in immigration. If the director got involved or shared information about immigration control, they would be operating outside their statutory functions as set out in Clauses 2 and 3.

The noble Baroness, Lady Ludford, asked about information-sharing. An important point, which I made in my introduction to the amendments, is that we have taken great care to set out the basis for information-sharing. In fact, one of the reasons we tabled the amendments was to address an earlier concern that the Bill did not state which organisations were going to share information. Rogue businesses and employers which breach labour market legislation often breach other legislation. Therefore, we are creating a framework to enable information-sharing between the director and other bodies. The legislation will be underpinned by memorandums of understanding between the director and those bodies, setting out the types of information that can and cannot be shared and the relevant processes that need to be followed. We are legislating now because we wanted to take account of the public consultation and legal advice.

The noble Baroness, Lady Hamwee, asked if I would clarify the relationship between the Director of Labour Market Enforcement and the GLAA board. Our amendment clarifies that relationship by requiring those exercising labour market enforcement functions to have regard to the labour market enforcement strategy. My noble friend Lord Deben asked how we will know whether this legislation is effective. The publication of the strategy—it will be made public—will enable us to understand what the priorities are for the Director of Labour Market Enforcement and what issues he is uncovering in carrying out his duties. In addition, we will set out how the GLAA board must carry out its functions in such a way as to fulfil its part in the labour market enforcement strategy. The GLAA board will remain accountable to the Home Secretary for the delivery of its functions, but those functions will now sit within the broader strategic context provided for by the role of the director.

Immigration: Harmondsworth

Debate between Lord Bates and Lord Rosser

Thursday 3rd March 2016 Lords Chamber

[Lord Bates]

Currently in the immigration detention estate there are about 2,700 people. Of those, 40% are foreign national offenders. If one then takes into account those who have committed immigration offences, they are the overwhelming majority of all those who are held in detention. They are held in detention as a last resort in exceptional circumstances, just prior to departure.

[Lord Rosser (Lab)]

My Lords, the Chief Inspector of Prisons states in his introduction that the report,

“highlights substantial concerns in most of our tests of a healthy custodial establishment”.

He also states that many of the concerns that were identified in 2013, when Harmondsworth IRC was run by the GEO Group, have not been rectified, and in some respects matters have deteriorated since then, even though since September 2014 the Harmondsworth site has been run for the Home Office by the care and custody division of the Mitie Group. What penalties under the terms of their contracts have been, and will now be, incurred by the two contractors concerned, since presumably the Minister can confirm, in the light of the adverse reports from the chief inspector in 2013 and again in his latest report, that neither contractor has run or is now running the Harmondsworth site in accordance with the terms of their contract?

[Lord Bates]

That is something that is under active review at this point in the light of Stephen Shaw’s report. He identified that there had been some improvement in a number of areas since 2013, particularly in the physical infrastructure of the site, but nowhere near enough. There are very strict criteria set out for performance in the contract, and they are being reviewed by the Home Office. We will of course make public what actions will be taken when a decision has been reached.

Calais: “Jungle” Camp

Debate between Lord Bates and Lord Rosser

Tuesday 1st March 2016 Lords Chamber

[Lord Bates]

Of course that is true but, on compassion, the Prime Minister said in September that we would bring 1,000 people into the country by Christmas, and so far we have 1,200, half of whom are children. The case in Romney Marsh that the most reverend Primate mentions, is in Kent, which has a particular responsibility in this respect, in terms of the numbers of unaccompanied asylum-seeking children arriving there and needing to be cared for. I was very grateful to the right reverend Prelate the Bishop of Rochester, who undertook to write to other authorities about taking more of these unaccompanied asylum-seeking children, to share the burden that currently falls too heavily on Kent.

[Lord Rosser (Lab)]

A tribunal has recently ruled that the unaccompanied children with a strong claim to be in this country under the Dublin regulations should be able to come to the UK to be in the care of their close family while they make their applications. Do the Government now intend to let some or all of the estimated 150 such unaccompanied children in Calais who have a strong claim to be in this country under the Dublin regulations, also now come to the UK to be in the care of their families while they make their applications?

[Lord Bates]

The protection of children is paramount in this situation. There should be no child in Calais who is not being encouraged by all authorities to claim asylum there. Once they claim asylum there, they enter the multilateral Dublin agreement, and then their claims can be expedited to ensure that they are reunited with their families—if they have families in the UK—and, if not, more importantly, that they get the protection they need from the dreadful conditions we have seen and heard about.

Calais: Child Refugees

Debate between Lord Bates and Lord Rosser

Monday 29th February 2016 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the reply to the Urgent Question. The thrust of part of it is that the Government are working with the French authorities and others to ensure that the claims of refugees, including the estimated 150 unaccompanied children in Calais and Dunkirk, of the right to be in this country under the Dublin regulations are processed quickly. What is the evidence that that is actually happening, as opposed to the Government claiming that it is happening?

Since the Government do not allow such children to come to the UK immediately to be in the care of their family while they make their applications, as the UK tribunal ruled they should be, and the reality, as opposed to what was in the Statement, is that cases from France take up to nine months, are the Government considering allowing those children who have a claim to be in the UK to come to the UK to make that application? What specific provisions are in place to ensure that the reality, as opposed to the Government’s belief, is that such children who are currently being moved out of the camps in Calais and Dunkirk are properly safeguarded and rehoused in suitable accommodation for children, and not left vulnerable to child traffickers, to join the thousands in Europe who have already disappeared?

Finally, the UNHCR has offered to set up a system to expedite the claims of those children in Calais and Dunkirk with close family in the UK with whom they could be reunited under the Dublin regulations. Have we accepted that offer from the UNHCR, and if not, why not?

[Lord Bates]

I am grateful to the noble Lord for his questions. Dealing first with the time that it takes to process such applications, I say that nine months is clearly too long. That is one reason why we have announced that a senior Border Force officer is going to be embedded in the interior ministry in France to ensure that particularly the Dublin family reunion cases are processed as quickly as possible. We hope that that situation will improve.

The noble Lord asked what we are doing to ensure that children do not fall prey to the trafficking gangs. The evidence from Europol is that 90% of those who come to Europe have paid a criminal gang to do so. We know that those gangs are a serious threat and are operating in that area. One reason we are putting so much emphasis on the hotspots is that we want especially children but all asylum seekers to be processed as soon as they come into the EU. There are five hotspots in Greece and another seven in Italy. The Home Secretary has asked Kevin Hyland, the Independent Anti-slavery Commissioner, to go out to those areas with a child protection officer to see what more can be done for children.

In relation to the UNHCR, of course that has a wider remit around the world for those who are seeking asylum under the refugee convention. We are working very closely with it, particularly on the initiative announced by the Prime Minister in relation to the 3,000 identified by Save the Children as to what more can be done with them. The UNHCR is looking at a solution to that and we are expecting an answer from it in the next couple of weeks.

Police: Body-worn Cameras

Debate between Lord Bates and Lord Rosser

Thursday 11th February 2016 Lords Chamber

[Lord Bates]

Indeed; that particular study the noble Lord refers to was on a trial carried out by the Metropolitan Police and the College of Policing, and it found exactly that: it had a regulating behaviour both on those who were videoed and those who carried the body-worn camera. Public approval was in excess of 90% across a whole range of indicators that this was a positive innovation. That is why the Met has announced that it will roll it out across all front-line services—Hampshire and others have already done so. However, at that level it is a matter for the chief constable.

[Lord Rosser (Lab)]

I endorse the comments that have been made by my noble friend Lord Harris of Haringey. Who will have to approve the new guidelines to which the Minister referred, and will there be any parliamentary scrutiny or debate on them?

[Lord Bates]

They will have the standing of authorised professional practice, which comes under the College of Policing. That is published and it is open to review. However, we have changed the procedure from the Home Office guidance on body-worn cameras issued in 2007 to give the National College of Policing and chief constables greater power and authority to make those decisions, although that is public and will be open to scrutiny.

Foreign Workers: Engineers

Debate between Lord Bates and Lord Rosser

Wednesday 10th February 2016 Lords Chamber

[Lord Bates]

I do not accept the premise of the question, which is that we are not investing. We are introducing the apprentice levy. We are introducing the immigration skills surcharge. The number of apprenticeships has gone up from 1.5 million to 3 million and that of science and technology apprenticeships by 74%. We are investing £200 million in universities’ science and engineering capital funds. We are doing all those things in the expectation that industry will not then go out shopping for employees overseas but will actually use the talent we have grown here at home.

[Lord Rosser (Lab)]

My Lords, according to EngineeringUK, Britain needs to recruit 1.8 million engineers by 2022 just to stand still. Yesterday, the Government told us during Committee on the Immigration Bill that no decisions had been made on the rate and scope of their proposed new immigration skills charge on recruitment from outside the EU—which means, of course, that this House is being denied information on precisely what it is being asked to agree to. Are the Government actually considering applying the skills charge—which could be £1,000 per year—to expanding and successful firms which, due to severe recruitment difficulties, can fill all their vacancies for highly skilled engineers only by recruiting from outside the EU?

[Lord Bates]

First, to the noble Lord’s charge that we are somehow denying the House information, the report produced by the Migration Advisory Committee was received on 19 January; it is now 10 February. The Government have a duty to consult on and consider the findings of the report before we make further decisions. I come back to the central point: we cannot keep saying that we need to bridge the skills gap and raise productivity levels in this country and then create a loophole whereby people can avoid recruiting perfectly qualified and able people in this country and go overseas to recruit them instead. That is not good for Britain in the long term, it is not sustainable, and that is what we want to change.

Modern Slavery Act 2015 (Consequential Amendments) (No. 2) Regulations 2015

Debate between Lord Bates and Lord Rosser

Wednesday 10th February 2016 Grand Committee

[Baroness Butler-Sloss (CB)]

I am delighted with these amendments and with the placing of the Modern Slavery Act into the other Acts that is a necessary part of making this work. I have only one point to make, and it is in no way a criticism of the Government; on the contrary, I very much support what they are doing. The one problem I have is to be sure that under Regulation 26 the judiciary understand that if there is any confiscation of assets from traffickers or slave-owners, they ought to be prepared to give priority to making reparation orders to the victims. That is my only point of concern, to ensure that the judiciary know about that.

[Lord Rosser (Lab)]

I thank the Minister for his explanation of the purpose and impact of this SI, which, as the Explanatory Memorandum says, amends primary legislation in the light of the commencement of sections of the Modern Slavery Act 2015. In particular, the amendments made by this SI ensure that primary legislation that contains references to the existing criminal offences is updated to reflect the new offences under the 2015 Act of slavery, servitude and forced or compulsory labour and human trafficking, as well as slavery and trafficking reparation orders. I do not have any questions to ask, so I conclude by saying that we support the purpose of this SI.

[Lord Bates]

My Lords, I thank noble Lords for contributing to this debate. It is good to see the guardians of the Modern Slavery Act, if I may call them that, the right reverend Prelate the Bishop of Derby and the noble and learned Baroness, Lady Butler-Sloss, here today. They have followed the Act from before it was legislation in pre-legislative scrutiny all the way through and, rightly, are playing their role as guardians of the legislation to ensure that as we implement it, we do so as it should be done.

The noble and learned Baroness, Lady Butler-Sloss, raised a very good point about making the judiciary aware. We do not have a direct answer for it, but that is something that we will reflect to the Judicial College and ensure is communicated to it. Otherwise, I thank noble Lords for their support for this legislation as we continue to implement it.

Immigration and Nationality (Fees) Order 2016

Debate between Lord Bates and Lord Rosser

Wednesday 10th February 2016 Grand Committee

[Lord Bates]

I am grateful to noble Lords for their questions, which I will seek to address. Before I do so, it may be helpful to reiterate the broad principles which we are dealing with here. First, we are trying to create a self-financing model—the noble Lord, Lord Paddick, said that he supported that—which was contained in the comprehensive spending review. The mechanism that we are talking about in the order comes from the Immigration Act 2014 and gives a degree of certainty and understanding to people on the ranges for which they are planning. The broad element is that we want this mechanism to become self-financing, but within that there is a differential, and the noble Lord, Lord Rosser, invited us to explore this. Of course there is a difference of approach when we are looking at students, for example, whom we want to encourage to come here to bona fide universities. We want to maintain their costs at a competitive level to encourage them to come, as with people coming on visitor visas. However, some of the other charges involve cases where there is less obvious benefit across the whole of the UK and more benefit to the individual concerned. We are saying that in those circumstances the additional fees will go towards keeping the costs down over the four-year period.

I shall deal with some of the specific questions in no particular order. The noble Lord, Lord Rosser, asked whether having more premium services equates to a poorer standard of service for everyone else. He will not be surprised to hear that that is not so. In-country casework delivery to customers has improved over the last year with service standards being met consistently across all routes. These are optional services that improve customer choice. On customer choice, we know that some of our customers want a faster and more personal service, so we are expanding and improving our premium services—for example, customers who need a faster decision or need to have their passport returned before a decision has been made on an application because they need to travel in the near future; customers who prefer face-to-face services; and customers who want access to premium services without travelling to UK Visas and Immigration premises. These are all examples of premium services that attract a premium fee.

The question was asked, are the fees being used to deter applications? No; again, we cannot use fees to deter applications. We are introducing a policy and operational measures to reduce immigration abuse and inward migration. We continue to welcome the brightest and the best to the UK. There is no evidence of a relationship between changes in fees and the volume of applications for various visa products.

The noble Lord, Lord Paddick, asked how much revenue we intend to generate throughout the lifetime of the order. We expect around £600 million of border, immigration and citizenship system costs, excluding asylum support and customs, to be funded by the Exchequer at the present time. We have also made significant savings, which the noble Lord referred to. Compared to 2010, the Home Office will have delivered savings of around £3 billion in 2015-16. This includes savings and efficiencies in operating the immigration system. Of course that has to be placed in the context, which I am sure the noble Lord welcomes, that we protected the police budgets during that time. There was a great deal of speculation about that but we did it, and I think it is broadly welcomed by everyone. However, it means that the essential progress towards maintaining a tight control on costs and administration needs to be kept up.

The noble Lord, Lord Paddick, asked whether fees are being increased to plug a hole in the Home Office budget. Through making savings and improving efficiencies, we expect to reduce the Exchequer funding requirement by over half by 2019-20—that is, from £600 million down to £300 million. We expect to increase income from fees by circa £100 million in 2016-17. That will mean that the borders, immigration and citizenship income will be circa £1.8 billion in 2016. We estimate that we will need an additional circa £250 million of income from fees by 2019-20 to meet our self-funding objective.

The noble Lord, Lord Rosser, asked whether this would be based on an applicant’s ability to pay. There are costs to the immigration system in processing and assessing such claims and the ability to assert certain rights. Therefore it is right that we have a system that can cover these costs. We will never require—I underline this point—a fee that would be incompatible with the European Convention on Human Rights, and indeed there are many fee exemptions. Specific exemptions from application fees are provided to several groups with limited means for applications made within the UK—for example, asylum applications, children who receive local authority support, stateless people and victims of domestic violence. The Home Office will not require a fee where this would be incompatible with an applicant’s convention rights.

The noble Lord, Lord Rosser, asked about the proposed maximum: does the maximum amount of £400 within the order suggest that the Government have abandoned their intentions for the cost of administrative review to be cheaper? Individual fees are grouped into broad categories in the order so that the maximum amount must allow for the highest fee in that category. The maximum amounts have increased to provide scope to increase immigration and nationality fees to achieve the objective of the borders and immigration system being fully funded. This should not be taken as intent to increase the administrative review fee to the maximum within the border category. I think that that is not exactly spot on regarding what the noble Lord asked; he made a more general point, which was to ask whether, in presenting these orders over four years, when we have put a ceiling in place we do not expect to come back and ask for that ceiling to be raised. That is entirely right, and that degree of certainty on this can be given, which will allow people to plan accordingly.

[Lord Rosser]

I think the Minister said that it would not be correct to say that one purpose of the fees—I am sure it is not the only one—might be to deter numbers of applications, but am I not right in saying that the impact assessment talks on page 13 about an expected reduction of around 10,000 migrants per year? Now, I may be taking that out of context and I accept that that may be the case, but it seems to me that the last paragraph on that page envisages that there might be a reduction in the number of migrants as a result of the content and purpose of the SI.

[Lord Bates]

That is well spotted by the noble Lord, Lord Rosser; that is there, although of course the impact assessment relates to broader policy on migration. The noble Lord will be aware that the Government remain committed to trying to put downward pressure on migration levels to the UK, and it was as a reflection of that broader number, which is an assumption used in the Red Book and in the CSR, that we are making that conclusion. We are not drawing a direct link between these fee levels and that level of reduction; that is the broader policy that the Government are pursuing.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Tuesday 9th February 2016 Grand Committee

[Lord Rosser]

The noble Lord, Lord Wallace, has made some very interesting points on this issue. I wait with interest to see what the Minister has to say in response. I would be grateful if he would respond on the point that the noble Lord, Lord Wallace, raised about consultation on the implications for the public sector.

He mentioned the health service and universities. It will obviously be no secret that representations have been received from universities and health service organisations about the implications of this proposal. Indeed, I understand that some universities have taken it up directly with government. Will the Minister set out the extent to which the consultation covered public sector organisations and say what responses were received? Clearly, their line is over the additional costs it is likely to cause the service in question. Indeed, universities will say that it is causing additional costs which might lead to them not necessarily being able to recruit the best people, and obviously part of the role of a university is to train people and increase their skills through higher education. It would seem a bit distorted if the purpose of the levy was to enable money to be provided for apprenticeships but, in so doing, it managed to weaken the ability of universities to provide the best people to provide the education which in itself is raising the skills of people who will be needed in the labour market in the future.

[Lord Bates]

My Lords, Clause 55 provides a power to raise the charge, but details about the rate and scope of the immigration skills charge will be set out in regulations to be laid before the introduction of the charge. At that point there will be an opportunity for an informed debate on the details within the regulations. There are likely to be legal implications of introducing exemptions which will require careful consideration.

The Migration Advisory Committee published its review of tier 2 migration on 19 January, and the Government need time fully to consider the evidence about the likely impact of different rates on different types of organisation. As well as the Migration Advisory Committee’s findings and recommendations, we wish to consider other evidence from stakeholders and any legal implications before recommending the rate at which the immigration skills charge could be set and whether any exemptions should be applied.

The Government believe in consulting those affected by the proposed changes. The independent Migration Advisory Committee carried out detailed stakeholder consultation as part of its review of tier 2 migration. In addition, this Government have welcomed discussions with, and received evidence from, a large number of businesses and representative organisations. The process will continue and will, of course, take into account the representations that have been made today by the noble Lord, Lord Wallace, and those received from academic institutions both by me directly and by other colleagues.

As for consulting on the changes, since the announcement in May, we have been consulting employers and business leaders across the private and public sectors to get their views on the immigration skills charge. This will continue. In addition, the Migration Advisory Committee conducted a review of tier 2 with the remit to advise government on restricting tier 2 to genuine skills shortages and highly specialised experts. As part of this review, the MAC considered evidence from employers on the immigration skills charge.

As to the impact on healthcare, which the noble Lords, Lord Rosser and Lord Wallace, asked about, no decision has yet been made. The details of the charge will be set out in regulations, which will be subject to the affirmative procedure. Therefore, there will be an opportunity for a full debate at that point.

The Government have not said that the immigration skills charge will fund the 3 million apprenticeships; rather, they have said that the immigration skills charge will contribute towards skills funding. The level of the charge has not yet been set. The Government are also proposing an apprenticeship levy, not linked to migration, which will go towards apprenticeship funding. The Migration Advisory Committee recommended a figure of £1,000 per year, which is large enough to raise a reasonable amount of revenue and have an impact on employer behaviour.

That is at the core of what this is about. As the Prime Minister said at the outset, it has been far too easy for some businesses to bring in workers from overseas rather than take the long-term decision to train the resident workforce in the UK. We need to do more to change that, and that is the rationale that is driving this. We are proposing that a charge be enabled through this legislation, and we are continuing to consult because we are not unmoved by the noble Lord’s argument that the level at which this is set and those to whom it is applied will have significant implications. Therefore, we need to get that right.

The noble Lord slightly chastised us by saying that we used to have a policy of attracting the brightest and the best. Of course, there is only one thing better than that, and that is to actually grow the brightest and the best here. That is what this policy is designed to do. More details will follow and the House will have an opportunity to scrutinise those when they are presented.

--- Later in debate ---

[Lord Rosser]

Perhaps I will be a little more guarded in what I say on this one. Some very strong and forceful speeches have been made on the basis that it appears that certain individuals who may have a lot of money are being treated rather differently from those who do not. I will leave it in the context that I will wait to see whether the Minister will accept this amendment. I will wait and see what the Government’s justification is for the tier 1 visa and the conditions under which it is given before I come to any conclusions for the Opposition. I have listened with great interest to what has been said. There seem to have been some pretty powerful points made, and I also want to hear what the Minister has to say in reply.

[Lord Bates]

My speech begins with the line that I have listened carefully to the arguments. I think the arguments have been well made. I will try to set out for the benefit of the Committee the rationale behind this and then answer some of the specific questions. I underline the Government’s commitment to ensuring that the United Kingdom remains an attractive destination for legitimate international investors. The tier 1 investor visa route allows migrants to make a significant financial contribution to the UK, either through the purchase of share or loan capital in UK businesses, or through UK government bonds. The route does not recognise the purchase of property as a qualifying investment.

The proposed amendment would not only result in the immediate loss of millions of pounds of capital inflow, but deliver a powerful global message that foreign investors are no longer welcome in the UK. This is a message the Government have no desire to send. The Government are clear in their commitment to ensuring that the investor route delivers benefits to UK taxpayers and it remains an important component of the UK’s visa offer for high value migrants.

Acting on an independent Migration Advisory Committee review of the tier 1 investor category, the Government introduced a package of reforms in November 2014. These included taking additional powers to refuse applications where the funds have been obtained unlawfully, where the applicant is not in control of the funds and where the granting of the application would not be conducive to the public good. The Government also raised the investment threshold from £1 million to £2 million and removed a provision which allowed investments to be funded through a loan. Since April last year the immigration rules have also required that prospective tier 1 applicants must open a UK bank account before their application for a visa is allowed. This ensures they have undergone financial due diligence checks before they are granted an investor visa.

I thank the noble Lord, Lord Wallace of Saltaire, for raising his concerns that visas of this nature have no place in a sovereign nation and that this may be the preserve of tax havens. It would be correct to observe that some so-called tax havens operate citizenship-by-investment schemes, whereby wealthy individuals may be able to effectively purchase a second nationality in return for a sizeable donation, often paid directly to the host Government. I make it absolutely clear that the UK’s tier 1 investor visa is not such a scheme. The UK’s investor visa offers no guarantee of an extension, beyond the initial two or three-year term, let alone settlement, or citizenship. At each of these points, applicants must not only demonstrate that they have continued to hold the appropriate qualifying investments, but are also subjected to further robust checks.

Let me deal with some of the points that have been raised and provide a bit of additional information. The noble Lord, Lord Howarth, asked about precautions. I think my answer addressed some of the points he raised about due diligence, which is carried out in the process of securing the bank account. Also, the United Kingdom maintains some of the toughest anti-money laundering laws in the world and is respected as such. The general grounds for refusal in immigration rules enable the Government to refuse investor visas where the applicant’s presence in the UK is not conducive to the public good, which means that we carry out checks on their criminal background. Under a pilot scheme, investor visa applicants are required to provide criminal record checks from their country of residence as a condition of applying for the visa.

As a result of all the changes that we have introduced, and which significantly toughen up the approach—this may speak to the point that the noble Lord, Lord Wallace, raised—in the last quarter for which figures are available we granted only 46 such visas compared to 274 in the corresponding period in the previous year. That is a reduction of 83%. Before the noble Lord, Lord Green, gets to his feet, let me say that some of that may have something to do with the general economic situation in some of the key countries from which people would normally apply for these visas. However, it might also reflect that the toughening of the rules is having the desired effect.

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[Lord Bates]

The noble Lord, Lord Green, makes some very good points. I was looking behind me for some inspiration that would enable me to provide a brilliant argument as to why that is not the case. In fact, there were just nods, as if to say, “Yes, that is about right”. This is something that we need to keep under very careful review, and we do. When we get advice from the Migration Advisory Committee that there are problems with the scheme, we have, in the past, shown that we will take action.

On some of the points that were raised about property, there is no suggestion from anyone that people would not be able to own property in any part of the world. The housing issues that were raised are not linked to the scheme. Under the coalition Government, we significantly raised the stamp duty to about 12% on larger homes at that level. In a similar vein, the Chancellor announced in the Autumn Statement that there would be a further levy of an additional 3% for people coming in and purchasing a home in the UK as a second home. That was on top of the increase to 12%. Significant things are happening, but it is about how we maintain an offering on the international stage which ensures that we can attract people with exceptional talent, people who want to come and invest here, and people who want to study, visit or work here so that they can contribute to the public good of this country. We need to keep that under review. That is something that the Government continue to do. I am sure that we will want to take note of the comments made in the course of the debate ahead of Report. I am sure we will revisit it then, but until that point I hope that the noble Lord will feel able to withdraw his amendment, temporarily.

[Lord Rosser]

I am not quite clear on what the Minister said in the last part of his comments. Is he saying that he intends to reflect on what has been said and write to us prior to Report? What does he envisage will happen between now and Report?

[Lord Bates]

Forgive me for trying to be reasonable. I was simply saying that this was an interesting argument that I listened to and followed. A number of points were raised from all parts of the Committee, expressing concerns about how this system operates. I want to go back and talk with colleagues about the system and how it operates, and then come back with answers to the points raised or suggestions as to how things could be improved.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Wednesday 3rd February 2016 Lords Chamber

[Lord Bates]

The short answer to that is yes.

Amendment 233 would require the Secretary of State to provide failed asylum seekers with a caseworker, a named contact and legal advice. It would also require the appointment of an independent person to report on the financial assistance available to failed asylum seekers who leave voluntarily, and on contact with welfare organisations in the country of return.

I agree as to the importance of these issues but not as to the need for this amendment. We provide generous financial assistance to incentivise returns and assist with reintegration in the country of origin. This can be up to £2,000 per person for families and up to £1,500 in support for a single person, in addition to removal expenses and their travel and transport costs such as flights. We also provide help with travel arrangements and resettlement needs. Some 143 families comprising 435 people and 469 single failed asylum seekers left under the assisted voluntary return scheme from 1 April to 31 December 2015, which suggests that the arrangements are working.

I will address some of the specific questions raised. The noble Baroness, Lady Lister, asked about the no right of appeal. I made the point that the wider facts will have been contested in the earlier appeals and examined by the Home Office caseworker, and that therefore a genuine obstacle would be easy to understand —in other words, that there is medical evidence that the person is not fit to travel or that they do not have the necessary travel documents to do so.

[Lord Rosser]

I am sure that the noble Lord will accept that it is not quite as straightforward as just saying that there will be medical evidence; there might be a view on what weight should be attached to that medical evidence and whether it meets the criteria. It cannot all be effectively a tick-box exercise, although I almost get the impression it is being portrayed as such.

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[Lord Bates]

More details will come out. We are working very closely with the local authorities and the Department for Education on what the guidance should be on this. We have to get that joined-up system there to ensure protection, particularly for the families, and work out how it will work. That process is ongoing. As set out in my letter of 21 January and in the substantial document, the review is current. I realise that we had a significant debate on the level of asylum support on 27 October. On page 2, paragraph 6 states:

“As Lord Bates confirmed in the House of Lords on 27 October 2015, we continue to keep the support rate under review”.

We have engaged with a number of stakeholders, including Still Human Still Here, Refugee Action, the Children’s Society and Student Action for Refugees and we will study the results carefully. The review should report in March or April and will provide detailed reasons for the conclusion when it comes through.

The noble Lord, Lord Rosser, asked what the reduction in the number of migrants will be. An impact statement is attached, where the noble Lord will see that we anticipate that an estimated 20% of the failed cohort will return. That is the assumption we have used in the impact assessment. It is not an easy estimate to make, however, for the reasons the noble Lord gave. It cannot be judged on just this one measure but needs to be judged by the wider measures in the Bill, which will make it more difficult for people to rent accommodation, drive or gain employment if they have no right to be here. It is part of the package but that is the assumption.

I come to discontinuation of support. If there is a genuine obstacle, support will continue. If a pregnant woman is not due to give birth within six weeks of the expiry point of the 90-day grace period, she will generally be fit to fly and therefore not eligible for new Section 95A support. If that were not the case, there would be medical grounds to cite a genuine obstacle to being able to travel.

[Lord Rosser]

I cited what I understand to be the figures from the family returns process. A significant number of the families involved are not dealt with within the three-month period. I suppose I am asking whether the Government agree with those figures, which I understand came from a government analysis. If it is accepted that, under that process, a significant number of families cannot with the best will in the world complete the process within three months, what happens under the 90-day period if there are likewise families with Section 95 support who cannot complete the process for leaving within the 90 days? Or is the Government’s argument that everybody should finish the process within 90 days and any reference to what is happening under the family returns process is somehow not relevant?

[Lord Bates]

That is, of course, how it is at the moment, but we will bring forward in the regulations means by which we believe we can improve the efficiency of that process and reduce a lot of the complexity in the system, which everyone wants to see removed. That will, in turn, speed up the process so that the vast majority of claims fall well within the 90-day period. That is our intention but it needs to be kept under review so that it is the case.

[Lord Rosser]

We hope that is achieved and that we get a quicker process. At the moment, however, unless what I am saying about the family returns process is wrong, there is evidence that it will not be possible to complete the process for a significant number of families within 90 days. All I am asking is: if that is the case —and there is no suggestion that the families themselves have contributed to the fact that the process has not been completed in time—will that Section 95 support be continued beyond the 90 days?

[Lord Bates]

Every case will be different but in a normal case, if someone cannot leave within 90 days, there is probably a genuine obstacle to their doing so. They may not be well enough or they may not have travel documents, in which case they would come into the category of having a genuine obstacle and, therefore, support could continue under new Section 95A.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Monday 1st February 2016 Lords Chamber

[Lord Rosser (Lab)]

My noble friend Lady Lawrence of Clarendon has eloquently set out the reasons for her concerns about Clauses 17 and 18, which create an offence of driving when unlawfully in the UK and give powers to carry out searches relating to driving offences. The Bill provides a power for an authorised officer—police or immigration officers or third parties designated by the Secretary of State—to search premises, including a vehicle or residence, where the officer has reasonable grounds for believing that an individual is in possession of a driving licence, is not lawfully resident and the licence is on the premises.

As has already been said, the National Black Police Association has expressed concern at the potential of these provisions to undermine vital work promoting good relations between police and the communities they serve, saying that they could result in a return to the days of sus laws and the police being seen as part of the Immigration Service. Evidence indicates that black and minority ethnic drivers are around twice as likely to be stopped as white drivers.

The situation will not have been made any easier by evidence given by the police to the Commons Public Bill Committee when, as my noble friend Lady Lawrence of Clarendon said, a Metropolitan Police chief superintendent explained that they already had a power to stop any vehicle to ascertain ownership and driver details and, having done that, they would then inquire into whether the driver had the authority to drive that vehicle. He went on to say that, to fall within the new provisions in the Bill that we are debating, the police would then most likely need to do a further check with the immigration authorities, which at that stage would give them reasonable grounds—but not necessarily proof—based on a search of the immigration database to believe that the person driving was an illegal immigrant. In other words, these clauses relating to driving could effectively result in adding a routine immigration check into a traffic-stop regime which many in black and minority ethnic groups already regard as operating in a discriminatory fashion.

The points that have been made by my noble friend Lady Lawrence, the noble Lord, Lord Paddick, the right reverend Prelate the Bishop of Southwark and others about the impact of these two clauses on fostering distrust and disharmony between the police and the public require a full and considered response from the Government, including the Government’s assessment of the impact on community cohesion if they disagree with what has been said on these proposed measures. This is yet another potential example in the Bill of measures that are intended by the Government to encourage illegal migrants to depart, by making it harder for them to live and work here, having highly likely unintended adverse consequences—this time for the role of the police, community relations and racial harmony.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I thank the noble Lord, Lord Paddick, for moving his amendment and giving us the opportunity to discuss these important matters. Perhaps I may make some general remarks on the clauses, setting out the Government’s position, and then seek to respond to the very legitimate questions raised by noble Lords.

Clause 17 provides the power for an authorised officer, such as an immigration or police officer, to search people and premises and seize a UK driving licence held by a person not lawfully resident in the UK. It is envisaged that the power will be used primarily by immigration officers as an adjunct to their normal enforcement activities where immigration offenders are apprehended in the community. This represents the best opportunity to remove from circulation UK driving licences which are being used by illegal migrants. This power can be exercised only where there are reasonable grounds to conduct a search: it cannot be used to randomly target members of the public. The power contained in the clause will be used by the police only as a part of targeted, intelligence-led policing.

The Government are clear that this clause will not undermine their work in reforming police stop-and-search powers, nor will it result in random stop and searches being conducted by immigration officials. Home Office immigration enforcement officers would use the power where they, for example, visit a property or place of employment in response to intelligence received. With the exception of a constable, authorised officers must generally also obtain the consent of a senior officer before conducting a search of premises, unless it is not reasonably practicable to do so. A seized licence must be returned to the holder if a decision is taken not to revoke it, or where the holder successfully appeals against a revocation.

Amendment 160 would therefore add an extra constraint on when the power to enter premises to search for a driving licence may be used without the authorisation of a senior officer. This is unnecessary. Clause 17 provides that before searching premises an authorised officer must obtain the authorisation of a senior officer, unless it is not reasonably practicable to do so. Amendments 161 and 162 are also unnecessary. The arrangements introduced by the Immigration Act 2014 for the revocation of UK driving licences held by illegal immigrants are well established and operating effectively. They are not subject to significant delays, which would warrant introducing hard and fast time limits for the retention of seized licences pending revocation action.

Amendment 162 would limit the ability to retain licences if they are revoked after being seized. This conflicts with one of the main aims of the clause: namely, to remove revoked licences from circulation. It is already a criminal offence under the Road Traffic Act 1988 to retain a revoked licence but, despite this, only a very small proportion are returned.

--- Later in debate ---

[Lord Rosser]

I rise very briefly just to say that I await the Government’s response with interest. I am not sure what the argument will be against being able to pay the immigration health surcharge incrementally. On exemptions from the surcharge, if the Government will not go down the road of the amendment, I await with interest to hear what their argument is for not having these exemptions.

[Lord Bates]

My Lords, I shall make some general points in response to the amendment from the noble Baroness, Lady Doocey, which we had the opportunity to discuss outside the Chamber a little bit before we reached this stage. I took the opportunity to look into it in more detail with officials.

For those reading this in the Official Report, it might be helpful if I address the point made by the noble Earl, Lord Sandwich, about the reason for this provision. The total cost of visitors and temporary migrants accessing NHS services in England alone has been estimated at £2 billion per year in 2013. Around £950 million was spent on temporary migrants, such as students and workers, from whom no charge was recoverable. Non-EEA temporary migrants—workers and family—here for more than 12 months had a weighted average cost to the NHS of just more than £800 per head, and a total estimated gross cost to the NHS of more than £500 million per year. Non-EEA students—for any length of stay—had a weighted average cost to the NHS of just more than £700 per head, with a total gross cost to the NHS of £430 million per year.

Noble Lords will be aware that the Immigration (Health Charge) Order 2015, made under the Immigration Act 2014, requires that non-EEA temporary migrants who make an immigration application to come to the UK for six months or more, or who apply to extend their stay in the UK, make a direct contribution to the NHS via payment of an immigration health surcharge. The Home Office collects the charge as part of the immigration application process and payment of it is mandatory. If the charge is not paid, the applicant is not processed. Temporary migrants pay upfront an amount that covers the entire period of their permission to stay in the UK. Where an application is refused, rejected or withdrawn, the charge is fully refunded.

The charge has been set at a competitive level of £200 per annum per migrant, and at a discounted rate of £150 per annum for students—well below the true cost to the NHS of treating these migrants, as stated in my opening remarks. It is also set below the rate that migrants expect to pay for health insurance in competitor countries, such as Australia and the USA. For example, a student applying to Harvard in the USA would, in most cases, have to pay a fee of around £600 per year to access basic health services. To access Harvard’s most comprehensive health plan would cost an additional £1,500 per year. In contrast, the surcharge for a foreign student applying to the UK would be only £150 per year.

Upfront payment of the full amount of the charge covering the length of the visa period is administratively far simpler than requiring migrants to make multiple payments of the appropriate amount to the Home Office and the Home Office enforcing such a requirement. Any movement to an instalment approach would bring with it considerable administrative and operational burdens. An observation has already been made by the noble Baroness, Lady Hamwee, on the administrative costs. The amendment would raise them. Home Office staff would need to ensure that payments were being made. If they were not, they would need to chase payment and, in some cases, enforcement action might be required, which could involve curtailing a person’s leave.

Payment by instalments would also lead to confusion about entitlement to free treatment and place unnecessary administrative burdens on the NHS, as NHS staff would have to check at each contact with a patient that they were up to date with their payments. There would also be uncertainty about whether our health system would actually receive all the expected income from the surcharge, which would be an unwelcome prospect for the NHS.

Asylum Seekers

Debate between Lord Bates and Lord Rosser

Thursday 28th January 2016 Lords Chamber

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, Clearsprings Ready Homes has announced the immediate end of the use of wristbands to access food. The Home Office has asked for an assurance from all accommodation providers that there are no further policies or practices that allow asylum seekers to be identified as such in public.

[Lord Rosser (Lab)]

My Lords, a Government may decide to outsource the provision of temporary accommodation for asylum seekers, but it is the Government who approve who should secure these contracts and government Ministers who have a responsibility for ensuring that the contracts are appropriately delivered. Why have government Ministers failed to carry out their responsibilities? First, it was only after national newspapers exposed what was going on with red doors in Middlesbrough and wristbands to access food in Cardiff that action was taken. Secondly, the Government, as the Minister has now said, are only now busily trying to find out what is happening with the delivery of other similar contracts they have approved. Government Ministers can outsource the provision of accommodation and food for asylum seekers, but they cannot outsource their own direct responsibility and accountability for how those contracts are delivered and their failure to monitor them properly. Do the Government agree?

[Lord Bates]

I agree that we have an obligation to ensure that the most vulnerable people who come into this country seeking asylum are placed in positions where they are cared for and safe. It might be of interest to the noble Lord to know the circumstances surrounding this. The asylum seekers were in initial accommodation in Cardiff. In that accommodation were people whose asylum claims and financial needs had been assessed and who then receive a financial contribution for food, and there were people who had just arrived who get full board and three meals a day. The wristbands were used to identify those people who were eligible for the three meals a day. I am not asking the House to accept that that is the way it should be—the practice has stopped—but that was the explanation for it. Certainly, our position is that the safety and security of asylum seekers—and the dignity and humanity with which we treat them—should be paramount. They are inspected by the Home Office on a routine basis—indeed, they have been inspected by the National Audit Office as well—and we look forward to the reports coming back.

Population Increase: Migration

Debate between Lord Bates and Lord Rosser

Thursday 28th January 2016 Lords Chamber

[Lord Bates]

I hope that was not an admission that my noble friend is an overstayer; if so, she is a very welcome one. For most Commonwealth countries, no visa is required, and it is absolutely right to recognise the special relationship we have with them. When people come on one type of visa, it is normal in most jurisdictions around the world that once the purpose for which they were granted access has expired and they wish to change it, they go back and reapply. We are simply saying that that ought to remain the case.

[Lord Rosser (Lab)]

The Minister referred to the Government’s objective of net migration in the tens of thousands. Bearing in mind that the implementation of that objective seems to have been slightly delayed, can he tell us when it will be achieved? Since this Government like to assert that they are in control of our borders, what do they expect the net migration figure to be for 2016 and 2017?

[Lord Bates]

The reality is that in some ways, we are victims of our own success. We have an economy that creates more jobs in certain counties than the entire European Union has managed to achieve in all 27 countries, and we have the only universities in Europe that are in the top 10 in the world. When we have that blessed combination of circumstances, it is not surprising that so many people want to come here and that people who are here do not want to leave.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Tuesday 26th January 2016 Lords Chamber

[Lord Bates]

My Lords, in drafting this Bill, we have adopted a similar approach to that taken by the Republic of Ireland’s Criminal Justice (Psychoactive Substances) Act 2010; namely, setting out a broad definition of a psychoactive substance and then circumscribing it with a robust set of exemptions to narrow the Bill’s scope. The current list of exempted substances in Schedule 1 includes substances controlled through existing legislation, such as alcohol, tobacco and nicotine, medicinal products and controlled drugs, and substances where psychoactive effects are negligible, such as caffeine and foodstuffs.

I am delighted to see my noble friend Lady Chisholm of Owlpen in her place with me on the Front Bench. During the Bill’s passage through this House, my noble friend responded to amendments tabled by the noble Baroness, Lady Meacher, and the noble Lord, Lord Rosser, and agreed that we should look again at the drafting of the Bill with a view to strengthening the exemptions for medicinal products and research. As my noble friend Lady Chisholm made clear on Report in July, the Government have no intention through this Bill of fettering the discretion of clinicians to prescribe or direct the supply of substances which, in their clinical judgment, meet the needs of their patients. My noble friend also made it clear that we have no intention of constraining bona fide scientific research. This Government attach the highest priority to research and are committed to removing—or not putting in place—unnecessary regulatory barriers that impede that research in the UK.

During the summer, the Home Office worked closely with a range of public and private organisations to address both points, and I am confident that the new formulation put forward in these Commons amendments effectively responds to the issue and ensures that we have a robust list of exemptions.

Let me deal first with the definition of a medicinal product in Schedule 1 to the Bill. One concern put to us by the noble Baroness, Lady Meacher, was that the definition did not cover so-called “specials”; that is, products which are used in healthcare but have no marketing authorisation. These products have been manufactured or imported, to the order of a doctor and certain other medical practitioners, specifically for the treatment of individual patients to meet their special clinical need.

It is not our intention that medicinal products regulated under the framework provided for in the Human Medicines Regulations 2012 should be caught by this Bill. In defining a medicinal product by reference to a product with certain types of marketing authorisation, we were, on reflection, not casting the net widely enough. Commons Amendment 41 properly aligns the Bill with the regulatory framework for medicines. The Home Office worked closely with the Department of Health and the Medicines and Healthcare Products Regulatory Agency during the summer to revise this exemption.

Following careful consideration, Commons Amendment 41 uses the definition of a “medicinal product” as defined in Regulation 2 of the Human Medicines Regulations 2012. This would mean that any substance which falls within the following definition would be caught by the exemption and so would be outside the scope of the Bill:

“(a) any substance … presented as having properties of preventing or treating disease in human beings; or … (b) any substance … that may be used by or administered to human beings with a view to … (i) restoring, correcting or modifying a physiological function by exerting a pharmacological, immunological or metabolic action, or … (ii) making a medical diagnosis.”.

The Human Medicines Regulations consolidate the law of the United Kingdom concerning medicinal products for human use, including their authorisation, manufacture, distribution, importation and sale. I can assure noble Lords that we are satisfied that this revised definition covers all medicinal products that are approved for use in the UK. This definition includes investigational medicinal products, homeopathic medicinal products and traditional herbal medicines. That being the case, we can dispense with paragraphs 3 to 5 of Schedule 1, and Commons Amendment 42 removes them accordingly.

The Medicines and Healthcare Products Regulatory Agency will remain the body which regulates activity in relation to medicinal products, whether they are authorised or not, and these amendments and the Bill will not encroach on that. The MHRA is already called upon to determine whether a product meets the definition of a “medicinal product”. This will be an important role going forward to assist with ensuring that the exemption for medicinal products is relied on only in appropriate cases. Our approach will ensure that the regulatory frameworks for psychoactive substances and human medicines complement rather than overlap each other and ensure that the public are properly protected for medicinal and non-medicinal psychoactive substances.

Having dealt with the changes to the list of exempted substances, I now turn to exempted activities. Commons Amendment 11 provides that it would not be an offence under the Bill for a person to produce, supply, offer to supply, possess with intent to supply, import or export, or possess in a custodian institution a psychoactive substance if, in the circumstances in which it is carried by that person, the activity is an exempted activity. Commons Amendment 43 then sets out the list of exempted activities. These fall into two categories. The first exempts legitimate activities of healthcare professionals, while the second covers research. I will explain both in turn.

The exemption for healthcare-related activities will cover healthcare professionals acting in the course of their profession, and ensures that the Bill will not fetter their discretion as clinicians. At the moment a healthcare professional is free to prescribe or direct the supply of any psychoactive substance that is not a medicinal product as defined by the Human Medicines Regulations if, in their clinical judgment, this is in the best interests of the patient. While we do not have specific examples of such substances in mind, we wish to ensure that the Bill does not fetter clinicians’ freedom in this regard.

Commons Amendment 11 will ensure that, either now or in the future, a healthcare professional will not be hindered in offering treatment which in their clinical judgment is right for their patient. There are separate rules, in particular in relation to controlled drugs, which govern which substances a healthcare practitioner can and cannot prescribe which are unaffected by this exemption.

We have defined a “health care professional” using the existing definition in Regulation 8 of the Human Medicines Regulations 2012. This definition includes a doctor, dentist, pharmacist, nurse and midwife among others. The exemption also extends to people who supply substances to patients in accordance with a prescription issued by a healthcare professional, or at their direction.

Turning to research, while the inclusion of investigational medicinal products in Schedule 1 signalled our intention to exempt research activity, the Government recognise that the exemption fell short of what was required and, as such, failed to cover all research which could be caught by the Bill. I am grateful to the Academy of Medical Sciences and to noble Lords for raising this issue. The Home Office has reconsidered this issue and, after consulting the Department for Business, Innovation and Skills, the Department of Health, the Health Research Authority, the Government Office for Science, the Academy of Medical Sciences, the Association of the British Pharmaceutical Industry and the devolved Administrations, we have identified a revised approach.

Given that a wide range of bodies might undertake relevant research, our approach has been to frame the exemption around research which has received appropriate ethical approval from an ethics review body. We understand that all research which will be caught by the Bill should receive such approval. We have discussed this approach with the Academy of Medical Sciences and others in the research community, who are content with our approach.

All research that is approved by one of the Health Research Authority’s research ethics committees will be exempted and, as the Health Research Authority’s remit covers health and social care research, we expect that this will be a major mechanism for the exemption of research. We acknowledge the possibility of research in fields other than health and social care and, for that reason, the exemption will also cover all research approved by: an ethics committee constituted by a government department; an NHS body; a research institute, including universities; or a charity which is concerned with advancing health or saving lives.

These mechanisms for ethical approval are already in place and the Government believe that any research involving the consumption of a psychoactive substance by a human should be considered by an ethics committee, not least to give due regard to the safety of the research’s participants. From our discussions with the research community over the summer, we have not been able to identify any example of in-scope research which has not been considered by an ethics body, so this exemption should not create any additional bureaucracy for the research community, nor require bona fide researchers to do anything they do not already do. We are just conscious not to create a loophole which allows head shops and others to undertake so-called research to facilitate the supply of these substances. It is worth putting on record again that a considerable amount of scientific research falls outside the scope of the Bill in any case. Only research involving the consumption of a psychoactive substance by a person would be caught.

Commons Amendment 11 includes a power to add to or vary the list of exempted activities in the new schedule inserted by Commons Amendment 43. This regulation-making power effectively replaces that in Clause 10, so Commons Amendment 12 omits that clause. Commons Amendments 2 to 4, 7, 8, 13, 29, 30 and 38 are all consequential on Commons Amendments 11 and 43.

I was asked about poppers. The Government recognise that representations have been made to the effect that poppers have a beneficial health and relationship effect. In consultation with the Department of Health and the Medicines and Healthcare Products Regulatory Agency—the MHRA—the Home Office will therefore consider, following the enactment of the Bill and before the Summer Recess, whether there is evidence to support these claims and, if so, whether it is sufficient to justify exempting the alkyl nitrites group, or individual substances in that group. Clause 3 enables the Home Secretary, by regulations—after statutory consultation with the Advisory Council on the Misuse of Drugs and subject to the affirmative procedure—to add to the list of exempted substances in Schedule 1 to the Bill.

Finally, I thank all those in the medical and research community, as well as those in government departments and this House, who assisted us over the summer in drafting these amendments. I now believe that we have a strong exemption list which meets the guiding principle. I beg to move.

[Lord Rosser]

I thank the noble Lord for his very full and thorough explanation of the purpose and intention of this group of amendments. As the Minister has said, the intention of this group is to address concerns expressed by ourselves and other noble Lords, including the noble Baroness, Lady Meacher, during the Bill’s passage in this House, that healthcare activities and scientific medical research relating to new psychoactive substances were not adequately protected in the Bill. The amendments insert a new clause and schedule to provide for exemptions to the offences under Clauses 4 to 8 of the Bill and the new possession offence which has just been discussed. As the Minister said, these exemptions are for activities carried out by healthcare professionals and for approved scientific research activity. The Government’s amendments also confer on the Secretary of State the power, through regulations subject to the affirmative procedure, to add to or vary any activity described in the schedule to the Bill which has now been inserted by the Commons.

The Minister has referred to the position of those bodies and institutions directly affected by this Commons amendment. I think the Minister has already said this, but I would be grateful if he would confirm that those bodies and institutions are satisfied that the amendments that have been carried in the Commons, and which we are considering at the moment, meet the concerns that they have expressed.

Finally, in relation to poppers, I understand that a decision is likely to be made fairly soon. I think the suggestion was that conclusions might be reached by the summer. Are we then in a situation where poppers might be banned under the terms of the Bill, only to be—if I may use the expression—unbanned in the summer? Or are we in a situation where the terms of the Bill in relation to the new psychoactive substances will not come into force until a conclusion has been reached in respect of poppers?

--- Later in debate ---

[Lord Bates]

In response, I say first to my noble friend Lord Hayward, who has been a welcome addition to this House since his arrival, that when we were considering the Bill during its earlier stages in this House, the problem we were trying to identify was that once these new psychoactive substances were named, I or someone else, such as my noble friend Lady Chisholm, would come before your Lordships’ House with secondary legislation seeking to ban a particular chemical composition. Then it would be slightly tweaked by one or two molecules and reappear the next week as something else, and all the time people would be put at risk. That was the mischief that the whole thrust of this legislation was about. In the Conservative Party manifesto at the last election, we also made it clear that we would institute a blanket ban.

Forgive me for going through the points raised almost in reverse order, but my noble friend Lord Hayward asked whether we are going to ban and then unban. That is to prejudge the outcome of the consultation and review. The review may say that it is something that should be taken off the list; it may say that it should remain on the list. That is for it to do, so we do not know what the outcome will be. As we do not know that, we cannot prejudge it by putting it into this primary legislation. But because of this legislation we have a secondary legislation option whereby, if that decision is taken as a result of the consultation, we can act quickly to address it.

Let me deal with some of the other points which were raised. First, the noble Lord, Lord Rosser, asked me to confirm whether various medical groups and research groups had been consulted. Yes, they have, and they have been immensely helpful. I know that many in your Lordships’ House who spoke in Committee and on Report were speaking precisely to that point about the potential danger that this posed to legitimate medical research. I think they would welcome the fact that we have made it explicit in the Bill that these exemptions are there for research.

I thank the noble Baroness, Lady Hamwee, for her advance notice of the question on charities. The charity we are talking about would of course be a registered charity, and it would have to be one concerned with the advancing of health and saving lives. One hopes that the ability of someone to set up a “charitable body” which then started dispensing might be restricted, in the same way as restricting research to that approved by an ethics committee was the correct way forward. I can confirm that the Academy of Medical Sciences and other research communities were consulted on this. Also in response to the noble Baroness, cannabis is a controlled drug so it is outside the scope of the Bill, as controlled drugs are specifically exempt. The regulations that govern research in relation to cannabis are under the Misuse of Drugs Act, which is unchanged.

I may have answered the other points that were raised —no, there was a specific one on the term “individual”. The definition of the ethics body in new paragraph 4(b) does not exclude clinical trials of cohorts of people, as it refers to “individuals”—plural—not to an individual. It is important that medical charities such as Cancer Research are able to benefit from this exemption. We do not believe that the exemption for charities risks opening any loopholes. Section 1 of the Charities Act 2011 defines a charity as,

“an institution … established for charitable purposes only”.

Section 2(1)(b) of the Act states that the charitable purposes must be in the public interest. Head shops are unlikely to be considered as acting in the public interest—on the contrary, we would argue—so could not benefit from this exemption. I hope that that has been helpful in addressing some of the points raised.

[Lord Rosser]

The situation with poppers is that they are not banned at the moment, but they will be when the Bill comes into effect and becomes an Act. I accept what the Minister says about the wording being “could” not “will”, but they could then be unbanned in the summer, as I think the Government have said that they expect their consideration by experts will be concluded by the Summer Recess. Is that a particularly satisfactory situation? If I am correct, something that is not banned at the moment may end up being banned for a few months and then unbanned.

[Lord Bates]

In a sense, my argument is about what alternative we have to this. The moment for putting something through now, in primary legislation, has passed. We have to allow this to take its course. Our concession was to say that we would undertake a review in consultation with the Department of Health and the Medicines and Healthcare Products Regulatory Agency. Following the enactment of the Bill, and before the Summer Recess, we will consider whether there is evidence to support these claims. There is a question mark there and we believe that that research and consultation need to happen before we take any further action at this stage.

I see that the cavalry has arrived; I am, as ever, grateful my noble friend Lady Chisholm. To add to the list of exemptions requires the Home Secretary only to make regulations subject to affirmative procedure. To remove from the original list of exemptions would require further primary legislation. I think I have already said this, so I rest my case at that point and beg to move Amendments 2 to 4 in my name.

Child Refugees

Debate between Lord Bates and Lord Rosser

Monday 25th January 2016 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the Answer to the Urgent Question in the other place. We welcome the comments by the Government that they are looking again at the issue of child refugees in Europe. However, are the Government giving serious consideration to the call from NGOs such as Save the Children, and also from my noble friend Lord Dubs and other noble Lords in an amendment to the Immigration Bill to be debated next week, that the UK should offer refuge to 3,000 unaccompanied children in addition to the 20,000 Syrian refugees they have already committed to help? Are the Government also considering taking some of the 26,000 unaccompanied children who are in Europe today, and not just those from camps adjacent to Syria. The thought of any child genuinely alone in a foreign country without the basic necessities of life including protection and comfort, is completely unacceptable, particularly when they are vulnerable to trafficking, prostitution and other forms of abuse, and in some cases also face the prospect of simply disappearing completely. Finally, some of those children genuinely alone will have family here. Are the Government considering doing more to allow reunification of families?

[Lord Bates]

My Lords, apologies for confusing the procedure on Statements with Urgent Questions. I will deal with points in the reverse order to which they were raised by the noble Lord, Lord Rosser. First, the criteria for family reunion are set out in the Dublin regulations. They are currently under a period of review, but we will certainly honour the family reunion commitments under the existing Dublin arrangements. Regarding trafficking and the dangers, we are absolutely confident, in terms of the current Dublin regime, that all children—all adults, for that matter—arriving into the European Union should be identified with biometric passes at that point and recorded as such with as much data as are available. Once the data are there, at least that person is correctly identified. We have been providing support through the European Asylum Support Office in those regions to ensure that that recording of children and adults is going ahead.

I should say that the figure of 26,000 is an estimate of the number actually coming in to the European Union; the numbers are not held in one place. The Prime Minister is deeply concerned about that. This time last year, we had a couple of hundred coming in under the Syrian vulnerable persons resettlement programme. The Prime Minister announced that that was to increase to 20,000, and we brought in 1,000 before Christmas, 50% of whom were children. So we are not unmoved by that plea, but UNICEF and the UNHCR have seriously warned about the interests of the child being best served when they remain with wider family networks in the region, as that offers the best prospect for their safety and well-being once, as we hope, the conflict there is resolved.

Overseas Domestic Workers Visa

Debate between Lord Bates and Lord Rosser

Monday 25th January 2016 Lords Chamber

[Lord Bates]

We are trying a pilot on this in west African countries, which is not necessarily proving conclusive either way. Very importantly, we have instituted that a model contract should be in place governing the terms and conditions of employment, working hours, what holidays these workers would get and what rights they have when they are in the United Kingdom. That model contract must be in place before the visa is granted. It is also very important that people reporting abuse report it to the authorities here in the UK, so that if a person who has been guilty of abuse then applies for a further overseas domestic workers visa, that information will be known to the authorities.

[Lord Rosser (Lab)]

As the Minister will know, the Conservative Minister in the Commons said before the election that the intention was that whoever was in government would implement the recommendations of the James Ewins review. Yet last Wednesday in this House, the Government said that while they took Mr Ewins’ recommendations extremely seriously, the arguments are “finely balanced”. Is the reality not that the Government are seriously considering the option of not implementing his recommendations and, if not, what did the Government mean in saying last Wednesday that the arguments are finely balanced?

[Lord Bates]

When Karen Bradley mentioned this issue before the last election, I think that she prefaced those remarks by saying that no one can actually bind future Governments. The point here is that the purpose of the inquiry is to inform the debate and discussion within government, but government must reserve the right to look at the findings of the report and reach their own judgment. I would have thought that would be quite in keeping with the standards set by the Inquiries Act. I have said that we agree with the broad thrust. However, if someone goes through the national referral mechanism and the Salvation Army, they get access to accommodation, legal aid and translation services; more importantly, we also get the right to find out who the perpetrator of the crime is, to ensure that they can be appropriately dealt with. I would have thought we could all agree with that.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Wednesday 20th January 2016 Lords Chamber

[Lord Bates]

I will certainly give an undertaking to go away and reflect on the point that the noble Lord makes. I understand what he is saying. I am conscious that we met with Kalayaan on many occasions in the course of the Modern Slavery Act. It does very valuable work on this and its position is very clear regarding what it wishes to do. More particularly, I was hoping we could outline in a bit more detail than perhaps is possible at this stage where the Government’s mind is on this, and genuinely enter into a discussion about the best way forward.

As to whether it would be appropriate that the authors of the report should be there, I hear very much what the noble Lord says. That may be useful, but he will understand that in the nature of the way that government works, I have, as it were, secured a certain amount of leeway from my colleagues in the course of responding to your Lordships’ concerns, and it would be courteous of me to go back to them and seek their approval for that suggestion. I shall give an undertaking to do just that.

[Lord Rosser]

Before I respond to the suggestion that the Minister has made, I take it from what he has said that the Government do not actually accept the key part of Mr Ewins’s recommendation, which was that,

“the existence of a tie to a specific employer and the absence of a universal right to change employer and apply for extensions of the visa are incompatible with the reasonable protection of overseas domestic workers while in the UK”.

I take it from what the Minister has said that the Government do not actually accept that fundamental part of his recommendations.

[Lord Bates]

Were it the case that we did not accept that there was any correlation with the visa tie, we would of course not have made the change that we did in the Modern Slavery Act to say that when people enter the national referral mechanism, and there are reasonable and conclusive grounds, they will have the ability to change employers. I do not think it is possible to draw from that that it is something we are not prepared to move on; we have already moved some way on that in previous legislation.

[Lord Rosser]

I thank the Minister for that response. I also sense from his comments that the Independent Anti-slavery Commissioner, Mr Hyland, is also not necessarily fully supportive of the recommendations of Mr Ewins. I thought I had picked up the comment that he thought there might be as much mileage from taking other action as from loosening the tie, which is the key part of Mr Ewins’ recommendation.

[Lord Bates]

The anti-slavery commissioner, Kevin Hyland, is independent, and thoroughly and robustly defends his independence. I would simply quote a remark that he made: he felt that a system, which may be included as part of James Ewins’s recommendations, of checks and periodic meetings to ensure that people were aware of their rights and to check on their safety may have more effect in providing a safeguard of the position.

[Lord Rosser]

I think there will be a degree of disappointment at the response we have had from the Minister today, although I appreciate the offer that he has made, along with the reply that he has given and the detail that he has gone into in order to explain the Government’s position. I also appreciate the contributions that we have had to the debate.

Bearing in mind that the Minister has offered to have the meeting between Home Office officials, himself and interested Peers—as I understand it, I think he said that he would consider whether Mr Ewins might also be there—and that the Government have said they will bring forward proposals in response to the Ewins report on Report of the Bill, I certainly have no intention of declining the offer that he has made. I thank him for making that offer and for giving the detailed explanation of where the Government now stand, and I can only sincerely express the hope that we are able to get to the point where the proposals that the Government bring forward on Report meet the wishes of the House and of those who have been campaigning so hard on this issue.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Monday 18th January 2016 Lords Chamber

[Lord Bates]

It is the same argument as before: whether the same test applies to people who are here legally—in one form—but are exceeding or abusing the terms by which they are in the UK. The noble Baroness may be saying that if that provision contained the phrase “without reasonable excuse”, it should be read across. But there is no ability to say that you can be prosecuted for the proceeds of crime unless you have a reasonable excuse. It is therefore consistent to apply the same test to somebody who is here illegally as to somebody who is here legally but exceeding the terms of their permission to be here.

[Lord Rosser]

Before I respond to the Minister, I thought he said earlier that he would be reflecting on certain aspects ahead of Report. I wonder whether he would mind repeating what issues he will reflect on before Report.

[Lord Bates]

The short answer is, of course, that I reflect on all the comments made by noble Lords ahead of Report. I have nothing specific in mind, but it would be helpful if the noble Lord came back with a further question.

[Lord Rosser]

Is the Minister agreeing to reflect on the points made in the debate this evening and to come back with a response, negative or positive, before Report? Is that what he is agreeing to do, without any specific commitment?

[Lord Bates]

The new offence will serve as an important deterrent. I have listened very carefully to the noble Lord’s concerns. Although I am of the opinion that there are sufficient safeguards to ensure that the offence is used appropriately and that victims of modern slavery are protected, I said that I would reflect on that point very carefully, listen to the debate and come back with further remarks on Report. The particular point was about whether the defences are sufficient for those who may have been the victims of modern-day slavery.

[Lord Rosser]

Do I understand that it will not cover the example that I referred to and which the noble Baroness, Lady Hamwee, has just referred to? That is where an individual had effectively been told by their employer that they could be employed, but it was subsequently found out, for example, that the employer was not properly sponsoring them because for some reason or other they had not completed the necessary paperwork correctly, and therefore the individual found themselves in a situation where they were not entitled to work. That was, in essence, the point I was raising.

I appreciate it is probably unfair to expect the Minister to respond to that point now, but I get the impression from what he has said that the area he has agreed to reflect on is very limited. I would hope that he might be willing to say, without making any commitment, that he will reflect on the necessity of this whole issue relating to the offence of illegal working for employees. I accept that this is not the only argument that has been raised, but the principal argument is that the threat of action being taken will be used to deter vulnerable people who may be being exploited, to a greater or lesser degree, from coming forward to expose and report their abusers. That is the principal effect that this new offence is likely to have, and it is likely to be used in that way by unscrupulous employers. I do not think that the Minister has responded directly to that point and I simply urge him to reflect on what has been said on that particular issue—without, I accept, making any commitment—between now and Report.

[Lord Bates]

I am very happy to do that. If it would be helpful, I would also be very happy to meet with the noble Lord and other interested Peers, with the relevant officials, to talk through our experience on that, which is what has led us to the position that we have taken, and to hear what evidence they may wish to present to the contrary. I think both sides will find that very helpful ahead of Report.

[Lord Rosser]

In that case, I will not say any more other than to express my thanks to the Minister for agreeing to do that. I beg leave to withdraw my amendment.

Immigration Bill

Debate between Lord Bates and Lord Rosser

Monday 18th January 2016 Lords Chamber

[Lord Rosser]

Is it the Government’s position that the resources currently available to the existing authorities will be sufficient to cover the apparently extended role and remit under this Bill of the Director of Labour Market Enforcement and the GLAA, which, as the Minister has said, will now exercise its function across a much wider front? Do the Government think that the kind of sums the Minister says are being spent at the moment will be sufficient to cover what appears to be a considerably enhanced role for this authority in future?

[Lord Bates]

As I said, they are 25% higher than this time last year in terms of overall labour market enforcement. Are we saying that that is sufficient? No, because what we are focusing on is the strategy. A very important role of the Director of Labour Market Enforcement will be to advise the Home Secretary and the Secretary of State for Business, Innovation and Skills on what resources are necessary to tackle labour market abuse and exploitation. That is what we are doing, but once we have an overall strategy that says where the focus should be, we would be confident in identifying where the gaps are. We would have more confidence in claims made for increases in resources at that point than perhaps might have existed when we were looking at them in isolation. Again, I would have thought that that would be welcomed.

The noble Lord, Lord Rosser, rightly asked if we would look at the recommendations made by the Delegated Powers and Regulatory Reform Committee. Of course we will. We take all the committees of this House extremely seriously. I would say in our defence—as has been used in defence against us—that the report is dated last Friday, 15 January, and it is now Monday.

[Lord Rosser]

I hope the noble Lord will accept that it is dated Friday of last week because the Government were so late in producing their significant tranche of amendments.

[Lord Bates]

Touché. I get that point. The point I am trying to make is a very serious one: that the Government will of course listen to and pay very careful regard to the recommendations of a committee of your Lordships’ House. I will have more to say on that by the time we get to the relevant section on Report.

Will our reforms make it easier for rogue gangmasters to operate without fear of detection? Absolutely not. Our reforms will ensure that the GLAA has tough new enforcement powers to tackle criminals in any labour sector, not just those that are licensed. Importantly, the number of licences granted for 2014-15 was 82, with 27 refusals and 23 revocations, out of a total of 954 licences in existence. That shows that it is something more than a box-ticking exercise: that genuine work is being done by the GLA in assessing the quality of those licences, and we want that to continue.

I have touched on reviews—perhaps not to the entire satisfaction of the noble Lord, Lord Alton—but I will come back to that issue and set out the position in a letter. The licensing rules contain detailed provisions on a variety of matters, such as what information should be provided by a licence holder to a worker before they start—for example, shellfish-gathering rules on tide, accommodation, record keeping and sector- specific provisions. This follows a model set out in Section 7 of the Private Security Industry Act 2001 which allows the Security Industry Authority to set its licensing criteria by publishing a document without any parliamentary procedure but with the approval of the Secretary of State.

I come to the point made on PACE powers—that there is no mention of the new labour market enforcement order offence in the proposed new Section 114B of PACE. Amendment 55, which introduces the new clause “Investigative functions”, provides that the enforcing authorities can use the investigative powers they already have for the relevant trigger offence to be investigated in any breaches in LME orders. This means that where the GLAA has PACE powers for the trigger offence, it can use those powers to investigate a breach. I am immediately conscious, as I read that out, that that does not answer the particular point. Staff designated to exercise police-style powers will be subject to the relevant PACE codes and to Independent Police Complaints Commission supervision. As I say, I am conscious that that does not answer the specific question my noble friend asked, and I will undertake to write to him and to other noble Lords whom I have not had the opportunity to respond to in the time available. I hope, with those reassurances, that noble Lords and Baronesses will feel able to withdraw their amendment.

Identity Documentation

Debate between Lord Bates and Lord Rosser

Thursday 14th January 2016 Lords Chamber

[Lord Bates]

In the strict way in which the noble Lord poses the question, of course, the answer would be—

[Lord Rosser]

Yes.

Higher Education: Overseas Students

Debate between Lord Bates and Lord Rosser

Thursday 10th December 2015 Lords Chamber

[Lord Bates]

The threshold is there to trigger whether there is a potential abuse of the system. When we came into power in 2010 we inherited the old points-based system. This was poorly run and not robust and we wanted to strengthen it with tests. That is why we closed down 900 bogus colleges. At the same time as the clamp-down on the bogus aspects of it, we have seen an increase in the quality of students who are choosing to make their investment in education in the UK. That shows that the system is working.

[Lord Rosser (Lab)]

Reference has been made to the 125,000 credibility interviews a year carried out by the Home Office through UKVI in respect of overseas students offered places at accredited HE institutions with a refusal rate of over 10%. There is no right of appeal to an independent adjudicator nor any consultation with the HE institution concerned, yet a refusal rate of greater than 10% of places offered impacts on the future ability of the higher education institution concerned to recruit, since its allocation of places will be cut. In view of the concerns expressed, will the Minister offer to at least meet a delegation of vice-chancellors from the accredited HE institutions most affected, since I understand that they would much appreciate such a meeting to discuss the issues more fully with the Home Office Minister?

[Lord Bates]

As far as I am aware, possibly one or two of our major universities have had a problem with that threshold. Most do not come anywhere near it. There is an opportunity for someone who is turned down to appeal and have the decision looked at again by an independent manager. I have had a number of meetings with the noble Lord’s colleagues on this issue and am open to more. James Brokenshire continues to meet regularly with the Russell group and Universities UK to discuss their concerns because this is such an important part of our export offering and our cultural soft power.

Prüm: UK Opt-in

Debate between Lord Bates and Lord Rosser

Wednesday 9th December 2015 Lords Chamber

[Lord Bates]

I agree. I undertake that we will work hard on that. I realise that we will be held to account for our performance in these areas and it is right that that should be the case. As regards the point made by the noble Lords, Lord Paddick and Lord Blair, on why we did not do this a long time ago, we should also remember that what we are implementing now is perhaps a better approach, as set out in the Command Paper, because we have had the benefit of that year and of the business case implementation trial. As a result, we were able to come forward with a number of stronger safeguards. The noble Baroness referred to the one on DNA requiring 10 loci matches rather than six or eight, and that was accepted. There is also the provision of an oversight board and the particular way in which we are working.

There is a great piece set out in the Command Paper, which I urge noble Lords to consider, all about how the technical side of this actually works. One reason why the cost has fallen for an IT project is that the Government have not been idle since indicating that they wanted to join. They have been building the biometrics gateway, which means that now all we have to do is add on the additional element to connect with the different countries. That trial process of connecting with France, Spain and Germany enhanced that process significantly as well.

The noble Lord, Lord Rosser, asked who would actually look at the transfer of personal data. The answer is the National Crime Agency. In terms of the timing, we expect it to be operational by late 2017. In terms of legislation, affirmative resolutions will come before your Lordships’ House. We have set out in the Command Paper what that draft resolution will be. But again, that is something that will be under review and will be brought forward, normally about six months before the point of implementation.

Another safeguard is the fact that we have the Biometrics Commissioner and the Information Commissioner, so people in this country will have the opportunity to appeal. If they feel that information is being released wrongly, they will have the opportunity to respond to that and seek redress. We have received funding from the European Commission of some €10 million towards the cost of implementing this.

The noble Lord, Lord Blair, asked why we were joining now. The answer is that we are opting in at this stage. If we had opted in last year with the rest of the justice and home affairs package, our systems would not have been ready and there was a real risk that we would have been subject to infraction proceedings for being unable to meet the performance criteria that are set out, which would have cost a great deal of money as well. That was another reason why that happened.

[Lord Rosser]

The Government gave their reasons for the Prüm decisions not being among the 35 as time and money. Is the Minister really saying that the cost was such that it prevented the Government opting back in to the Prüm decisions earlier? Is he really saying that a Government who were determined to opt in and stay in as far as the Prüm decisions were concerned could not have done so in less than five and a half years—or what actually is now going to be seven years—during which this Government have been in office?

[Lord Bates]

These are not easy issues. As the noble Lord will know, the Labour Government signed up to this in 2007 and did not even put pen to paper between 2007 and 2010 on the Prüm decisions. This is not straightforward. It is not as if we have not been doing anything. We have the ECRIS criminal records information-sharing scheme with our European counterparts. We have Eurodac, which is about border security. Of course, we have also signed up to the Schengen information-sharing system, Schengen II. These are all elements which further build the case, I am happy to say to the noble Lord, Lord Paddick, for how a key part of our security comes from working closely with our European colleagues. Sharing information of this nature will make us all a great deal safer. The fact is that we can do that in a European context, whereas when it comes to Interpol there are 189 members. The prospect of perhaps exchanging DNA-sharing databases with the Russians or one other member might be a little more difficult for us to propose in your Lordships’ House. The reality is that there are safeguards there and we are working with our European colleagues. We believe that the system being proposed—

Kurdistan Workers’ Party

Debate between Lord Bates and Lord Rosser

Thursday 3rd December 2015 Lords Chamber

[Lord Bates]

A number of those points were raised at the EU/Turkey summit on Sunday which the Prime Minister attended. Of course there is an absolute need for those discussions to continue, but they must go through a diplomatic and political process; this is not to be decided by military violence.

[Lord Rosser (Lab)]

My Lords, first, given that the Kurdistan Workers’ Party is also proscribed as a terrorist organisation by several states and organisations including, I believe, Germany, the EU and NATO, do the Government accept that any decision on this issue would have to be made in consultation with our closest allies, especially our European partners? Secondly, the Prime Minister referred yesterday to 70,000 Syrian opposition fighters on the ground who do not belong to extremist groups. Can the Minister say whether the claimed figure of 70,000 does or does not include the Kurdistan Workers’ Party, which is engaged in the war on the ground against the so-called Islamic State and which appears to have gained support from the Mayor of London when he said in the media last week that his sympathies were with the PKK?

[Lord Bates]

I think the Prime Minister said that there are 20,000 Kurdish fighters, who of course are Peshmerga and from the PYD, which of course is not a proscribed organisation. The noble Lord’s point about EU co-operation in these matters is absolutely central, although of course we will retain the power to decide these things at the national level. We have the cross-government Proscription Review and Recommendation Group, and the Home Secretary acts not only on its advice, but also on advice from other external organisations which can make their representations to her.

Channel Tunnel: Migrants

Debate between Lord Bates and Lord Rosser

Tuesday 1st December 2015 Lords Chamber

[Lord Bates]

I know that specific case: it was a very difficult one and we have offered some consular support on that issue. Of course, when we are dealing with vulnerable children, it is absolutely critical that they are recorded, that their records are taken and that they are closely supervised. On the specific point about how many people are in that camp, which is a terrible facility, one of the things in the joint declaration was that we wanted to reduce the number from 6,000. The number is now about 4,500, and that is a tribute to the French, who have started relocating people from that camp into what are called respite settlements in places such as Picardy. On the specific matter of Save the Children, the noble Lord will be aware of the UNHCR’s reservations on that. That still remains our position, but we are very much open to meetings.

[Lord Rosser (Lab)]

My Lords, according to a national newspaper report, a government Minister told the Home Affairs Select Committee in the other place last week that small airports and ports around the UK were a weak link because those coming to this country intent on acts of terrorism would chose to use them to enter the country rather than the bigger airports and ports where stricter measures are in place. Since the Minister went on to say that urgent work was under way to address this issue, are the Government really telling us that they have only just woken up to the fact that security at small airports and ports now needs to be as effective as security at larger airports and ports? If that was not the inference of what the Minister concerned said, what was that Minister trying to tell us?

[Lord Bates]

There is a certain displacement happening here. As the security at Coquelles gets stronger and tougher, and as we then provide greater security around the port of Calais and move along to Dunkirk, Le Havre and other places, there will be displacement. People are going to be forced into the smaller ports and airfields that have been mentioned. That was the reason why we said that there was an increased threat there that needs to be responded to. Part of that was announced by the Chancellor last week when he announced £9 million for additional aviation security just to tackle that problem.

Domestic Abuse

Debate between Lord Bates and Lord Rosser

Wednesday 25th November 2015 Lords Chamber

[Lord Bates]

I will certainly do that. The noble Baroness will be as encouraged as I am to hear from the Chancellor that there will be new facilities in the social care budget to provide additional funding to that important area. The Government have also announced that we will give additional funding to an organisation called Behind Closed Doors, which works particularly with children to help and support them in those difficult times.

[Lord Rosser (Lab)]

My Lords, the Government have not ratified a pan-European convention on women’s and girls’ rights—the Istanbul convention—after signing up to it in 2011. That convention seeks to protect women from sexual violence and gives them the formal right to counselling after suffering domestic violence or abuse. Why have the Government not ratified the Istanbul convention and when do they intend to do so?

[Lord Bates]

We are implementing most aspects of the Istanbul convention. One area—Article 44, I think, which deals with extraterritorial jurisdiction when dealing with forced marriage—requires primary legislation and is the only part that we have not introduced. Apart from that, this Government have been working on this through things such as the Girl Summit. I am not quite sure where my right honourable friend William Hague is in the metamorphosis from that place to this place.

Domestic Violence

Debate between Lord Bates and Lord Rosser

Tuesday 24th November 2015 Lords Chamber

[Lord Bates]

That is a very good point and comes back to the earlier point made by the noble Baroness, Lady Nye. A consultation is taking place between the CPS and the College of Policing, as well as with Paladin and the Suzy Lamplugh Trust, which do so much valuable work in this area, to see what further training could be provided. When you look at the figures and see that there are 9,180 prosecutions under harassment and 676 under stalking, clearly there is still further work to be done to make sure that people are being prosecuted in the right area.

[Lord Rosser (Lab)]

My Lords, the Question also relates to domestic violence, and the same point on training and cultural change applies to the new domestic violence offence of coercive control, the campaign in respect of which was led by Paladin, Women’s Aid and the Sara Charlton Foundation. If I am right in saying that it has not happened already, could the Minister say, first, when the new domestic violence offence of coercive control will be introduced? Secondly, what action is being taken to ensure that the necessary training is being and will be provided throughout the police and the judicial system, including for prosecutors, judges and magistrates, to ensure that the new law—including the reasons for it and the psychological intimidation and control it is intended to address—is fully and effectively understood and that it is used and applied as intended in all relevant parts of the country? The evidence, including that from the new stalking laws, suggests that inadequate and incomplete training about new offences leads to cases not being pursued or to unduly lenient sentences because the seriousness of the new offence is not fully understood or recognised.

[Lord Bates]

That is a fair point. We have pledged that the coercive and controlling behaviour provision in the Serious Crime Act will come into force by the end of the year. It will be in force by the end of the year and training will be provided alongside it. On the other point, about ensuring the right response and that people are trained for it, Garry Shewan, the assistant chief constable of Greater Manchester Police, who is the national policing lead for stalking and harassment, has a very important role to play in co-ordinating the wider police response to this important crime.

Police: Officer Offences

Debate between Lord Bates and Lord Rosser

Thursday 19th November 2015 Lords Chamber

[Lord Bates]

My noble friend is right to say that it is a matter of public record. What we are trying to do here in the wider sense is to have a central role for the College of Policing, which we have established, to raise standards across a whole raft of areas. It has now introduced a “struck off” list. Some 444 police officers have been struck off, and that is a matter of public record. We have also said that disciplinary hearings need in future to be held in public and to be chaired by an independent, legally qualified individual. These are all steps in the same direction that I think the noble Lord wants to go.

[Lord Rosser (Lab)]

A recent freedom of information request asked how many officers and PCSOs had been convicted of criminal offences since 2012 and for the total number of serving officers with criminal convictions. What was surprising from the outcome of that FoI request was the number of police forces—nearly half—which declined to provide the information sought on grounds of cost or did not respond at all. Of course, the overwhelming majority of police officers are committed to their job and to serving their community and it is important to place that on the record, but since police and crime commissioners were meant to provide greater police accountability to the public, do not the Government find it surprising that PCCs would not have already obtained for themselves the information sought in the FoI request to which I have referred about their own force, including the policy on recruiting new officers with previous convictions and retaining in the service those convicted of offences while in the force? That clearly could not have been the case in respect of those PCCs for those forces which did not provide the figures sought.

[Lord Bates]

One role of the PCC is to have exactly that conversation with the chief constable in their area and to make sure that they are aware. When I looked into the detail of those freedom of information requests—which, on face, cause me as much distress as I am sure they cause the noble Lord—I found that in many cases, while there was a conviction for a current officer, that was countered by the fact that they were still undergoing gross misconduct procedures or appealing a particular decision. That was one of the reasons why those figures came out, but those conversations should be going on as a routine matter between PCCs and chief constables to maintain public confidence.

Criminal Justice: Anonymity

Debate between Lord Bates and Lord Rosser

Tuesday 17th November 2015 Lords Chamber

[Lord Bates]

This is a very difficult issue. We have historic cases in which very serious allegations were made, and in places such as Rotherham, Manchester and Oxford, there is often a public outcry and a feeling that the police have not taken the claims seriously enough. That has to be balanced against the right to fairness and due process throughout. In the past, child sexual exploitation has far too often been swept under the carpet; it needs to be brought out into the open and reviewed. That is why we set up the inquiry and why we have told the police that they need to investigate all allegations based on their credibility, rather than that of the complainant.

[Lord Rosser (Lab)]

The Minister referred to the ACPO guidelines. If I understand them correctly, the guidelines accept that in exceptional circumstances, the police may release the name of a suspect if it is considered to be in the public interest to do so. Also, when a media organisation has already discovered a suspect’s name through investigative journalism and seek confirmation of it, the police are permitted to confirm the name. Do the Government believe that the ACPO guidelines should be amended or reviewed?

[Lord Bates]

The College of Policing guidelines on the relationship with the media are currently under review. A number of the points raised during this Question would merit submission to that review.

Police Funding

Debate between Lord Bates and Lord Rosser

Monday 9th November 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, the responsibility for the sorry Answer which has just been repeated lies not at the door of officials, but at that of Ministers. The Government’s serious mistake came to light only because of work commissioned by individual police forces which had to pay to get access to data used by the Home Office in the new formula proposals because they are owned by a private company. The Home Office sent a letter dated 5 November to Devon and Cornwall Police acknowledging the error. When did Ministers first know about the statistical error referred to by the noble Lord just now? The funding formula changes are being delayed,

“to give more time to consider their impact”.

For how long, the Minister did not say, so perhaps he can confirm the situation.

So that there is full transparency in considering the impact of any changes, will the Government ensure that any data on which they are basing funding decisions from next year onwards is fully in the public domain, and will they agree to independent oversight of the review in which there is now a lack of confidence? On what basis will police funding be determined for 2016-17 and when will police forces know how much they have been allocated? Finally, will the Government reimburse the costs that forces have already incurred in arguing against and challenging what the Government now admit is an erroneous formula?

[Lord Bates]

My Lords, first, the responsibility lies with Ministers. I have repeated an apology, which as Minister in the Lords I make to this House, for the error. Ministerial responsibility is clear on that.

On the specifics, the letter was sent on 5 November to Devon and Cornwall Police and the first the Policing Minister knew of that was when it was drawn to his attention on Friday 6 November and the decision was taken today, on Monday. The proposal put forward to address this error is that the proposed introduction of the new formula, which was to come into effect in the new financial year—April 2016-17—will now be delayed. The initial plan is that it will be delayed for a year, but at this point we are talking about very soon after. We realise that we have shaken a lot of confidence in the process, and it is very important that we talk to police and crime commissioners, chief constables and others, to make sure that we get this absolutely right.

On the cost issue, that will be looked at as part of the overall review into how this happened, but more importantly, how we move forward with the system that will command the confidence of the police. On the question of when people will know, the comprehensive spending review will report in the Autumn Statement on 27 November, and traditionally the police grant is announced on about 17 December. The specific force allocations will be known on 17 December and the broad envelope will be known on 27 November.

On independent oversight, which is very important, my right honourable friend the Policing Minister has indicated that he will seek independent oversight of the statistical process and the input of data into the system, but again we are genuinely contrite about the error and want to make sure that we get it right.

Syrian Refugees

Debate between Lord Bates and Lord Rosser

Monday 9th November 2015 Lords Chamber

[Lord Rosser (Lab)]

Will the Minister clarify the situation a little more? How many councils in the United Kingdom have finalised agreements, including financial arrangements with the Government, to take 1,000 Syrian refugees before the end of the year under the scheme? How many Syrian refugees are covered by agreements that have already been finalised?

[Lord Bates]

We have issued guidance on this for local authorities. The Prime Minister made the announcement on 7 September and it is up to local authorities to come forward and volunteer to be part of the scheme, and they are coming forward. That is important because they need to make sure that they have the ability, through schools and social care, to do it properly. This is a fast-moving situation. We do not have a number on the specific local authorities, but 140 individuals have arrived since 7 September. The Prime Minister has given a commitment that we will seek to get 1,000 here by Christmas. We will do that, providing we work in partnership with local authorities.

Asylum Support (Amendment No. 3) Regulations 2015

Debate between Lord Bates and Lord Rosser

Tuesday 27th October 2015 Lords Chamber

[Lord Bates]

I am happy to do that. We should constantly be listening, and I know that officials have engaged with people in those situations and are constantly listening to what they are finding and what hardships people are going through and looking at new data which have been made available to them. This is constantly under review; in fact, there is a structured requirement for us to undertake a review on an annual basis. If other organisations have evidence, then let them bring it forward, but noble Lords should bear in mind that we have produced our own evidence in quite considerable detail that shows to our satisfaction, as Ministers, that we are complying with that judgment set out before us. That is the reason why the changes have been made, and why I am asking the noble Baroness and the noble Lord to consider not moving their Motions.

[Lord Rosser]

The Minister referred to a review in 2016. When in 2016 will that review be completed?

[Lord Bates]

There is not a fixed time. The normal time for changing benefits, or for a review to happen, is at the end of the financial year. That could not happen this year for reasons set out by the noble Baroness at the beginning of the debate, and also because of the general election. However, the time that we would be looking at those numbers would be at about the end of the financial year, which would be March 2016. We would certainly welcome evidence and data that could be made available before then, either in the early months of 2016 or by Christmas. That could inform our assessment.

Modern Slavery Act 2015

Debate between Lord Bates and Lord Rosser

Monday 26th October 2015 Lords Chamber

[Lord Bates]

I am certainly very happy to look into that further, if that is the case. Additional guidance has now been provided to Border Force enforcement officers to spot children coming into the country unaccompanied, or, for that matter, leaving the country. This is something that we need to look at very carefully. I will look into it and get back to her.

[Lord Rosser (Lab)]

My Lords, last Monday, the Minister said that he believed that “imminently, if not already” a question relating to the compliance of supply chains under the Act in respect of its modern slavery conditions was being inserted into the cross-government procurement policy. Could the Minister now say definitely what the position is in this regard? Could he say whether the Government will produce regular statements, in line with the requirements for the private sector, on the steps they have taken to ensure that their own business and supply chains are slavery-free, and, if so, will it be a cross-government statement or will there be separate departmental statements?

[Lord Bates]

There is an interdepartmental ministerial group on modern slavery, which meets and publishes quarterly reports—it published one just last week on its work on supply chains. The Home Office as it should, is ensuring that we lead by example across government in respect of supply chains. Of course, that question is going to be there in the checklist. It is there in a lot of cases already in departments, where they have obligations under human rights legislation to ensure that they check the status of people who are in their supply chain. We will continue to monitor that, and we will certainly continue to report on it.

Police: Funding Formula

Debate between Lord Bates and Lord Rosser

Tuesday 20th October 2015 Lords Chamber

[Lord Bates]

No, absolutely it is not, but I certainly join the noble Lord’s tribute to Lancashire police constabulary. It has been judged “Outstanding”, it has produced an incredible performance, it has reduced crime by another 3% this year, and it has managed to increase its reserves by a further 30%.

The formula to which the noble Lord refers went out to consultation. The predecessor arrangements were widely criticised by all chief constables and police and crime commissioners. They wanted something simpler, more transparent and easier to understand and more stable for the future. Invariably, when you consult on something such as that, there will be winners and losers. Lancashire is making representations to Mike Penning—the consultation is open until 30 October —and I know that he is meeting Members of Parliament from Lancashire tomorrow. In the event that that decision stands, there would be transitional arrangements to dampen the effect of any changes in Lancashire.

[Lord Rosser (Lab)]

My Lords, given the increase of almost 18% in hate crime, which the Government themselves describe as “deeply worrying”, and the Home Secretary’s statement in the Government’s Counter-Extremism Strategy, published yesterday, that:

“We will disrupt all those who seek to spread hate and we will prosecute all those who break the law”,

what contribution do the Government think will be made to stemming and reversing that rising trend by their intended significant further cuts in police numbers—a question on which the Counter-Extremism Strategy document is strangely silent?

[Lord Bates]

My Lords, we published the Counter-Extremism Strategy yesterday and we will come forward with the counterextremism Bill. Part of the work that has been going on is to encourage people to come forward and report hate crimes when we see them in our community. They had been decreasing for a long period and then we saw a sharp increase. That is something to which we need to respond, and we will, in the legislation and in the strategy we have announced.

Immigration

Debate between Lord Bates and Lord Rosser

Thursday 15th October 2015 Lords Chamber

[Lord Bates]

Where my noble friend is right is that perhaps in the past—the Prime Minister has spoken frequently about this—we have been too silent on what British values actually are. That is one of the things that we need to be more to the forefront about. We have introduced legislation on that and we are going to bring forward more legislation in the counterextremism Bill to talk up the positives of British values rather than those voices that would seek to introduce discord in our society.

[Lord Rosser (Lab)]

The Home Secretary said in her speech:

“We must also have an immigration system that allows us to control who comes to our country … The numbers coming from Europe are unsustainable and the rules have to change”.

Can the Minister tell the House, first, whether making significant changes to the rules affecting free movement within the EU is or is not one of the key issues being pursued or to be pursued by the Government in the negotiations with the EU prior to the forthcoming referendum on our continuing membership? Secondly, if changing those rules is being pursued, what has been the response to date from the other 27 member states?

[Lord Bates]

I think that the Prime Minister has made himself clear that he is not going to give a running commentary on the nature of this renegotiation. It is important that we do renegotiate our relationship on migration and particularly look at those pull factors to the UK, such as the welfare and benefits system. But, of course, there are other things which are drawing people here in greater numbers as well, such as the fact that we in this country are generating and producing more jobs than the rest of Europe put together. Unemployment is continuing to fall and employment is at its high level. We want that to benefit the people of this country—the people who are already here—rather than being another factor in why people would actually travel here.

Trafficking: Children

Debate between Lord Bates and Lord Rosser

Thursday 15th October 2015 Lords Chamber

[Lord Bates]

Of course I can, and I pay tribute to the right reverend Prelate for the significant work he has done, consistently, in this area. The College of Policing has changed its programme for providing information to and training for police officers on this; we have the national policing lead, Shaun Sawyer, working on that. The task force has been established, and the Crown Prosecution Service is also updating its guidelines and has already undertaken a number of training sessions for regional polices forces. There is still much more to be done, but a strong start has been made.

[Lord Rosser (Lab)]

The Minister will obviously be aware of speculation about the size of pending police cuts. How will any cuts in the size of police forces, of the kind suggested that the Government might be contemplating, contribute to addressing child trafficking?

[Lord Bates]

On the wider issue of policing, the noble Lord will be aware that the crime figures have again shown a fall in crime. Today, in England and Wales, the figures are down a further 8%—down 30% since 2010—and that has been done under a period of very tough settlements for the police, which we recognise. That is a tribute to the police and also to the police and crime commissioners. This is something we need to keep under review. I am confident that the Government have made it clear that this is a heinous crime; the powers in the Modern Slavery Act offer a real hope that we can get to grips with tackling the perpetrators of this crime and that it ought to be a priority.

UK Opt-in to the Proposed Council Decision on the Relocation of Migrants within the EU (EUC Report)

Debate between Lord Bates and Lord Rosser

Wednesday 22nd July 2015 Lords Chamber

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, on a topic of debate on which there have been a range of views and a degree of passion and contention on all sides, I think that there are some things on which we can express some agreement. First, the report—presented very ably by the noble Baroness, Lady Prashar, on behalf of the EU Home Affairs Sub-Committee—is an excellent piece of work. It is thorough and clear in its analysis and its recommendations. It is quite incredible that the committee has managed to produce this report and publish it on 15 July, despite the Commission producing the proposal only on 27 May. I also pay tribute to the business managers for arranging to squeeze the debate in before the House rises for Recess. I think we can agree on all of that.

The second point that we can all agree on is that, in the words of the noble Lord, Lord Tugendhat, this is a humanitarian crisis that impacts on the consciences of us all. As the noble Lord, Lord Jay, mentioned, this is a crisis on a scale that we have not seen in the post-war world. It therefore demands a response. Many noble Lords—the noble Lords, Lord Tugendhat and Lord Cormack, and the noble Baroness, Lady Prashar, in particular—reminded us of our proud tradition in this country of providing protection for those persecuted around the world. The noble Lord, Lord Cormack, talked about the Ugandan Asians. The noble Earl, Lord Sandwich, talked about the Vietnamese boat people, as he referred to them, and to the Kindertransport. I remember my own experience growing up in the town of Gateshead, which may not seem very remarkable to many Members of this House, but it is home to one of the largest and most significant Orthodox Jewish communities in the world and has one of its leading universities, the Talmudical College. The people of Gateshead and Tyneside provided hospitality to people who came there fleeing the Nazi regime in Europe. I say this as someone who had the privilege of growing up there: they enriched our community and still do.

Since the crisis unfolded, the Government have been clear that relocating migrants within Europe is the wrong response. It does nothing more than move the problem about Europe and does absolutely nothing to address the underlying cause of people getting on the boats. It risks undermining control of our own borders and asylum system. The Government have no plans to opt into any relocation scheme, whether voluntary or mandatory.

We have been very clear that the time and attention that has been committed within the EU to negotiating the measure would have been far better spent on implementing long-term and sustainable solutions to the crisis, on tackling the abuse of the asylum system and on building capacity in those member states under pressure. The Government’s view is that real solidarity with other European countries is best expressed through practical co-operation to build capability in the asylum and migration systems of member states struggling to deal with the migratory flows.

The UK will continue to provide concrete support via the European Asylum Support Office to countries such as Greece—which the noble Baroness, Lady Ludford, referred to—Italy and Bulgaria. In the last three years, the UK has contributed more resources to the EASO than any other member state, totalling over 1,000 expert working days to missions in Greece, Italy, Bulgaria and Cyprus. Two UK asylum experts have just returned from EASO-led deployments to Italy, and one has just returned from Rome after a three-month deployment. The UK has made bilateral contributions to a number of countries, including Greece, for example by funding voluntary returns—where £2 million has been spent over the past two years from 2013 to 2015—and asylum programmes, where £600,000 has been spent over the past three years. We are happy to consider further requests for bilateral assistance where that can augment EU-level action.

The extraordinary Justice and Home Affairs Council on Monday reached political agreement on the amended relocation and resettlement measure. We have not opted into this measure, so did not support it. The Council also reached conclusions on resettlement, although of course there was no formal legislative proposal to discuss there. As the noble Lord, Lord Rosser, said from Her Majesty’s Opposition’s perspective, we have been clear that our contribution to resettlement efforts will continue under national schemes and not under the EU arrangement. I will come back to the noble Earl’s questions on the existing schemes, such as the Gateway, Mandate and Syrian vulnerable persons relocation schemes, a little latter, but we estimate we will contribute through those schemes by resettling 2,200 people over the next two years. That is not a target, but a projection based on current activity. I am glad that the EU is now moving beyond this debate and am hopeful that the focus of our efforts can now move firmly to action where it matters: on tackling the causes of illegal migration and the organised trafficking gangs behind it, and on increasing support and protection in the region for all those who need it.

We are establishing a dedicated law enforcement team to tackle the threat posed by illegal immigration from north Africa. The 90-strong team will bring together officers from the National Crime Agency, Border Force, Immigration Enforcement and the Crown Prosecution Service, with the task of relentlessly pursuing and disrupting organised crime groups profiting from the people-smuggling trade. The noble Lord, Lord Jay, was right to talk about the way in which these desperate, incredibly vulnerable people are exploited.

As the noble Earl, Lord Sandwich, mentioned, we are leading the way. We are proud of leading the world in tackling modern slavery with the legislation that we passed earlier this year. We see the establishment of the task force as being consistent with that aim. Tackling this issue in the long term can be done only with a comprehensive solution. That means helping the countries these people come from to reduce the push factors, which my noble friend Lord Ribeiro referred to, to build stability, to create livelihoods and to go after the criminal gangs. With a handful of staff based in Europol cells in Sicily and The Hague, and the rest on standby in the UK to deploy to different areas in the region as required, the task force will exploit every opportunity at source, in transit countries and in Europe, to smash the gangs and criminal operations.

However, we also need a Government in Libya that we can work with to address this problem, as the majority of people travel through that country. As the Prime Minister has repeatedly said, we need to break the link between embarking in unseaworthy boats from north Africa and entering and remaining in the EU illegally. My noble friend Lord Hodgson referred to the example he was given by FRONTEX of the experience in Malta. This form of illegal migration funds organised crime and undermines fair immigration controls by allowing economic migrants unfair and uncontrolled access to our countries. That is not to say that they are all economic migrants—there are incredibly large numbers of vulnerable people. They are a proportion of those coming through the central Mediterranean route, but in the eastern Mediterranean route people are primarily coming from the war-torn areas of Iraq, Afghanistan and Syria.

Wherever possible, we should return the boats immediately from whence they came. If we cannot do that, we must ensure that when they arrive on EU shores we stop, fingerprint and screen migrants to control their movement and distinguish between genuine refugees and economic migrants. In particular, we support the idea of establishing hot spots at pressure points along the external border to ensure proper licensing, processing and fingerprinting of arriving migrants. We must ensure that they cannot travel further than their point of arrival and must return them without delay to their country of origin. That means investing real effort in infrastructure and expertise at the most exposed borders. However, it also requires the determination to make it happen, not least from those countries most affected. The scale of the present situation requires even more ambitious thinking and we need greater ambition and momentum on initiatives such as the Khartoum process.

My noble friend Lord Ribeiro asked specifically how we were moving forward with this. There will be a very important summit later this year in Malta—the Valletta summit. As a positive development, this will involve working jointly with African partners. As my noble friend suggested, it is important that we can demonstrate real progress in tackling the migration challenge beyond political announcements. The Valletta summit must help to drive concrete action on the upstream elements of the EU agenda, delivering a comprehensive plan for action. That plan should include increased ambition under current EU partnerships such as the Khartoum and Rabat processes. However, it must also encompass broader initiatives to disrupt people smugglers and traffickers, and efforts to dissuade migrants from attempting the Mediterranean crossing and to address root causes through the development of humanitarian programmes.

The noble Lord, Lord Jay, asked me to confirm that DfID would be involved in that, and it is absolutely a key partner. One thing that the noble Lord will understand better than most is the importance of getting different departments involved in this process—be it the Foreign Office, DfID, the MoD or the Home Office—working very closely together. One of the responses to the debate held on 9 July was to say that there should be a cross-ministerial meeting between Ministers in this House to address the concerns that your Lordships have expressed on many occasions, not only in Oral Questions but in debates and in this report, and I am pleased to say that that will take place on 14 October.

The UK will be providing support to all three regional development and protection programmes. There our focus must be on building stability and creating livelihoods. Noble Lords will also be aware that the UK has been at the forefront of the international response to the humanitarian crisis in Syria. We have pledged £900 million, making us the second-largest donor bilaterally and our support has reached hundreds of thousands of people across the region. Since the crisis began, we have granted asylum to over 4,200 Syrian nationals, and only last month the Prime Minister announced that we would be expanding that programme.

On that point, it is worth reflecting on the letter sent by James Brokenshire, my colleague in the Home Office in charge of immigration, who I know gave evidence to the Committee and then followed up, I think also quite promptly, with written explanations of points raised there. He made the point that, when we talk about where this country stands internationally in terms of responding to this crisis, as my noble friend Lord Hodgson pointed out, despite immense fiscal pressures at the present time, we have ring-fenced and protected our overseas development aid programme at 0.7%—in fact, 0.71%—of GNI. This compares to 0.41% and 0.36% of German and French GNI respectively. In absolute terms, while Germany spent £9.97 billion and France £6.3 billion, the UK contribution was £11.77 billion. That underscores the commitment that we have to protecting the most vulnerable in our society.

I was asked by the noble Baroness, Lady Ludford, and my noble friend Lord Cormack to say more about the FRONTEX operation and fingerprinting. Some of the front-line member states fingerprint very few migrants arriving on their shores, contrary to what the Dublin regulations say should happen. As an example of the practical co-operation that is taking place, we have offered to provide support for that for member states.

The noble Baroness, Lady Prashar, asked a number of key questions, which I want to address as I draw my remarks to a close. She asked, further to the Justice and Home Affairs Council resolution of 20 July, whether there would be EU legislation establishing a relocation scheme. After much discussion on the proposal for a council decision establishing the relocation mechanism for Italy and Greece at the extraordinary Justice and Home Affairs Council this week, the council reached political agreement on the latest text. The negotiations have been difficult, and formal adoption cannot take place until the European Parliament consultation process has taken place. We expect this to be completed in September, and we therefore expect the legislation establishing the scheme some time in the autumn.

The noble Baroness asked what form such legislation would take and on what legal basis it will be adopted. As outlined in the Government’s Explanatory Memorandum of 9 June, the proposed legal basis is Article 78(3) of the Treaty on the Functioning of the European Union. She also asked what relation this legislation would have to the European Commission’s original proposed Council decision on the relocation of migrants. We will deposit the text agreed by the Council on Monday; the legislation is broadly in line with the Commission’s proposal of 27 May, with the exception that the numbers of migrants that each participating member state will take is set out in the separate resolution agreed by the member states in the Council on Monday, and is not determined through the mandatory allocation scheme originally proposed by the Commission.

Several noble Lords asked about the ongoing operations by the Royal Navy. We are proud of what HMS “Bulwark” and HMS “Enterprise” have done, as well as the two cutters that are with them, which, with helicopter support, will continue in support of our humanitarian operation in the Mediterranean.

I was asked about absolute numbers in terms of Gateway, Mandate and the Syrian Vulnerable Persons Relocation Scheme by the noble Earl, Lord Sandwich. Under Gateway, 6,300 cases have been resettled over the past 10 years, at 750 refugees per year. Mandate has operated since 1995. The Gateway scheme sources the annual 750 quota for refugees from a small number of targeted locations; Mandate is designed to resettle individual refugees from anywhere in the world. The Syrian Vulnerable Persons Relocation Scheme, launched in January 2014, has taken 187 people to date, but I stress that that needs to be seen in the context of 4,200 who have been given leave to remain in the UK.

I hope that in these remarks I have been able to demonstrate that the Government are not insensitive to the immense humanitarian crisis that we are seeing around the world and to which the right reverend Prelate the Bishop of Peterborough was right to draw our attention. We are not insensitive to that, but we are simply at a point of disagreement over the actual means of dealing with it, preferring to take the argument much further upstream to prevent the flows, systems, schemes and criminal gangs, which cause people to get on these boats to embark on this perilous journey. That commitment will continue as we go forward.

[Lord Rosser]

The Minister mentioned a figure of 187 being accepted. Can he say what criteria are being used to lead to a situation of just 187 being accepted?

[Lord Bates]

I am happy to write with the details of the specific criteria. I would stress that, whereas we agreed through the UNHCR a set of terms for the scheme that we would operate and the ways in which they refer to us, that is in addition to the far larger number of 4,200 asylum seekers from Syria to whom we have granted leave to remain in this country.

With those remarks, I thank the committee for its work and I particularly thank the noble Baroness for the way in which she has presented it. I hope that I might have offered some comfort that we have taken seriously the points which she raised and I hope that she may feel able to withdraw her Motion.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Monday 20th July 2015 Lords Chamber

[Lord Bates]

My Lords, I beg to move.

[Lord Rosser (Lab)]

I take this opportunity to thank the Minister for his courtesy and thoroughness in responding to points raised and amendments tabled by noble Lords during our considerations of the Bill, including when the response has been made subsequently in writing. Although reservations about the likely effectiveness of the Bill have been expressed by some noble Lords during our deliberations, I am sure we all hope that, when the Bill is finally passed, it will make a favourable impact on the very real problem that it is intended to help address.

Asylum: Sexual Orientation

Debate between Lord Bates and Lord Rosser

Monday 20th July 2015 Lords Chamber

[Lord Bates]

A review is going on into the very serious accusations that were made. It has been part of the Stephen Shaw review, which will report shortly. We take those accusations very seriously, and new guidelines are being prepared to ensure that such things do not happen again.

[Lord Rosser (Lab)]

Bearing in mind that the chief inspector made a number of critical observations in his report, including on training, inconsistency of approach, the recording of information and the stereotyping of applicants—as well as the very differing appeal rates for detained fast-track sexual orientation decisions compared with detained fast-track asylum claims as a whole—when is a further independent investigation going to be carried out to check whether the required improvements in dealing with claims made on the basis of sexual orientation have actually been made, as opposed to the Home Office saying that they have, and are actually being delivered?

[Lord Bates]

We have to be very careful that we do not have overlapping investigations. A serious piece of work was done following some very serious accusations by the Independent Chief Inspector of Borders and Immigration last year, and we have undertaken to implement all the recommendations. In addition, as I mentioned to the noble Lord, Lord Scriven, a further action plan is being discussed with non-governmental organisations. We should allow those to go forward and ensure that the independent chief inspector continues to do his job in monitoring how his recommendations are implemented.

UK: Population

Debate between Lord Bates and Lord Rosser

Thursday 16th July 2015 Grand Committee

[Lord Bates]

I mentioned early in my speech that the figure was 91,000 for the coming year for non-EU students. Overstaying is a significant problem that we face. The accuracy of that figure will increase significantly now that we have introduced exit checks at our borders. People who come here to study should study. If they want to come here to work, they should go back and then apply to come back to work here. In fact, from a technical point of view, tier 4 applicants, people who are studying here at bone fide universities, are able to transfer to a tier 2 status, which is graduate-level employment, so that they can continue to contribute to the economy. They can do that directly and there is no limit on the number who can progress on that route. We want to get that message out.

[Lord Rosser]

This debate is now turning into one about immigration, rather than one about what is and is not a sustainable level of population for this country. I referred to the projections of future population. Is it the Government’s view that, if those projections prove right, that constitutes an unsustainable level of population? What is the Government’s definition of an unsustainable level of population?

[Lord Bates]

I hear what the noble Lord says. In essence, I am trying to answer in an indirect way but it is a way that may not be appropriate. I do not think that the previous Labour Government ever set out an arbitrary cap for a future level of population. There are certain things we can control. As the noble Lord, Lord Green, said earlier, we are not talking about embarking on some draconian clampdown on reproduction rates, or trying to make some forecast of mortality rates. The thing within our control is the levels of migration into this country, particularly from outside the EU, and that is where the attention of the Government is focused.

[Lord Rosser]

The noble Lord has the projected figures for the increase in population; they are in government publications. Do the Government believe that, if those projections prove right and the population increases in accordance with them, that will mean an unsustainable level of population?

[Lord Bates]

I understand that the noble Lord is doing a good job of seeking to draw out from me a statement that X number represents sustainability and Y number indicates unsustainability. I am trying to say—I agree that it is a slightly nuanced argument even for a Thursday afternoon—that we want to talk about migration levels because, effectively, we can deal with those. He is talking about something in the future which we cannot control. We are interested in dealing with the now.

[Lord Green of Deddington]

My Lords, the key point is that virtually all future population growth is as a result of immigration. We need to be clear about that. Therefore, as a practical matter, we do not need to say that we want 80 million, 90 million, 70 million or 40 million. If we think the numbers are getting too great and if we understand that three-quarters of the public think that, we have to bring the level of immigration down, as the noble Lord was outlining.

[Lord Rosser]

I agree, to an extent, with what the noble Lord, Lord Green, has said, but what I was trying to establish—and I appreciate that net migration has an impact on the figures, as do birth rates and mortality rates—was whether it is the Government’s view that their own projections constitute an unsustainable level of population. I am unable to get an answer from the Minister as to whether the Government believe that their own figures constitute an unsustainable level of population.

[Lord Bates]

I think I said early on that the Prime Minister has set this as a key priority. He is chairing the immigration task force. If we did not think it was a problem the Prime Minister has many other things pressing on his agenda and requiring his attention. For the reasons I have mentioned, he has rightly focused on an area that he wants to ensure we get a grip on; that is, to reduce the pressure on our public services and all the negative factors, but also balance that by recognising the positive contributions that the right people can make to the UK economy and to our relations with the world.

The Government believe in controlled immigration, not mass immigration. Immigration brings real benefits to the UK and we will always be welcoming to people from around the world. That is why we have that standing that I mentioned in terms of soft power. We also know that immigration must be controlled. When immigration is out of control, it puts pressure on schools, houses, hospitals and transport, as noble Lords have referred to. That is why our policies are aimed at reducing immigration and building an immigration system that is fair to British citizens and legitimate migrants, that is tough on those who abuse the system or flout the law, and that ensures that people come to the UK for the right reasons: to work hard and contribute to our economy and society.

Surveillance Legislation

Debate between Lord Bates and Lord Rosser

Thursday 16th July 2015 Lords Chamber

[Lord Bates]

It is a major part of the consideration. I think that we were very interested to hear the noble Baroness, Lady Manningham-Buller, who talked about the level of scrutiny that was there and the support for the Home Secretary who takes the decision. We recognise that, ultimately, they are the ones with the responsibility, and they are the ones who should therefore have the authority.

[Lord Rosser (Lab)]

In the debate last week on investigatory powers, the Minister said that the Government would come forward with a draft Bill after the pending Recess which would then be subject to pre-legislative scrutiny. The Minister then said that he hoped or thought that,

“the period of time for pre-legislative scrutiny might be shortened, and that the period of time for scrutiny through the House might be quicker than it otherwise would have been had it not been for all the evidence, reports and consideration”—[Official Report, 8/7/15; cols. 235-36]—

now in the public domain. I am sure that that is a perfectly reasonable hope or expectation to have, but can the Minister confirm that there will not be any government pressure to go further than that by seeking to curtail either the pre-legislative scrutiny process or the period of time for scrutiny of the proposed legislation by Parliament?

[Lord Bates]

That is a fair point. We have been around this track several times before. The Joint Committee chaired by my noble friend Lord Blencathra looked at the communications data Bill and did a very thorough piece of work. We then had the Intelligence and Security Committee report and the Anderson review, which took more than a year to complete. We then had the RUSI review. People are coming together towards a consensus, which should mean that the passage of the Bill, as a result of the diligent work that has gone on before, should be smoother and quicker and therefore we can get the powers to the security agencies that they need to keep us safe.

Women: Dishonour-based Violence

Debate between Lord Bates and Lord Rosser

Wednesday 15th July 2015 Lords Chamber

[Lord Bates]

My noble friend puts his finger on a key point. When you look at the level of prosecutions, after the legislation has been put through and the initiatives have been announced, we have not got a strong story to tell. The previous Labour Government introduced forced marriage protection orders; as a result there have been some 800 of those orders, which are a civil function. But we very much want to see further criminal prosecutions so that the message goes out that we do not tolerate this type of behaviour at all.

[Lord Rosser (Lab)]

In the light of the answers that the Minister has already given, what resources are the Government providing this year and next to promote measures and action seeking to prevent dishonour-based violence? The support of which organisations or bodies has been secured by the Government in the drive to prevent dishonour-based violence against girls and women in this country?

[Lord Bates]

We have worked on a cross-party basis; the Serious Crime Act introduced new measures on female genital mutilation and the anti-social behaviour and crime Act introduced measures on forced marriage. We have now produced various statutory guidance, which is now available and being promoted to police forces. Her Majesty’s Inspectorate of Constabulary is going to undertake a review this summer into so-called honour-based crimes to see what more can be done in police forces across the country. A great deal is being done, but we are not complacent—more needs to be done.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Tuesday 14th July 2015 Lords Chamber

[Lord Bates]

I am very grateful for that. Perhaps we should take a little bit more time over this. There are some provisions in the current statutory guidance; for example, if the offence occurs in the vicinity of a school one hour before or one hour after—so the vicinity of a school is defined. My first instinct—this is not our official position because we are discussing this—is that the terminology should be something around targeting any premises intended to locate vulnerable individuals or the supply to such individuals, so perhaps a broader range might be helpful in this regard. That will certainly be contained in that provision. We are going to write to the Sentencing Council. We will wait to see whether the Sentencing Council responds as quickly as the ACMD to letters from the Home Office, but we may have some responses in the latter stages of the Bill as to what its thinking is.

Whether we use the sentencing guidelines or statute to tackle these issues, particularly prisons—and I am very mindful of the examples that were given and, of course, the remarks of my noble friend Lord Blencathra about anomalies—in the current statutory sentencing guidelines aggravating factors include an offence committed while on bail or licence, but there does not seem to be reference to an offence committed while being detained in prison. Of course, that is because the argument is that these are covered by prison regulations but there is no doubt, just as the Children’s Society said, that over the past few years new psychoactive substances have gone from being an issue that was barely ever mentioned to now being its top concern. To have that example given this morning on the “Today” programme, with someone saying that this comes ahead of many other pressures—top of the list of concerns—shows that it is clearly growing in importance. Of course, the intervention of the ombudsman adds to that.

In the light of that and the letter that my right honourable friend Mike Penning will write to the Sentencing Council to ask it to take into account the views expressed in your Lordships’ House in this debate, including on this amendment, about the problem of these new psychoactive substances in prisons and on the prison estate, it may be that there is scope to go further on this issue. But I would be very happy to continue a discussion with the noble Lord, Lord Rosser, about how we might go further, particularly on whether the personal possession of new psychoactive substances in prison should be an offence. I am very happy to look at whether we could go further on that and perhaps look at an amendment that could be introduced later on.

I should also make the point that going down the route of the sentencing guidelines we have laid out here is probably more likely, because it goes with the grain of the current process of advising on sentences and for the courts to have regard to that. We should wait to see the Sentencing Council’s response to my right honourable friend Mike Penning’s letter, which has either gone today or will go tomorrow, and see if there is more that can be done at a later stage. I believe that we are travelling in the same direction here. We recognise that this is a growing problem. We want to deal with it and it is a question of what is the most effective way to ensure that yet again we do not create unintentional loopholes, which are exploited by the people who are the very target of this legislation. In that spirit, perhaps the noble Lord might consider withdrawing his amendment.

[Lord Rosser]

Before I respond, could I be clear about what the Minister is or is not offering? Is he offering to come back at Third Reading on this issue? I sense that he is not, but he is the one who has to tell me if he is talking in those terms, which obviously would influence my decision. He has not, as I understand it, made any commitment to provide amendments along the lines we have suggested when the Bill reaches the Commons either. If I have understood him correctly—that he is not offering to come back at Third Reading on this issue of prisons and he is not offering to table amendments along the lines of our amendment in relation to prisons when the Bill is in the Commons—that will influence what I have to say. But I am asking the Minister to say whether he is offering to come back at Third Reading or to table amendments along the lines of our amendment to the Bill when it gets to the Commons.

[Lord Bates]

The principal point, which is about dealing with the issue of prisoners, is partially dealt with by the action that is being taken today or tomorrow—we do not have to wait until Third Reading—which is the letter from the Minister for Policing, Crime and Criminal Justice to the chair of the Sentencing Council, asking him to take into account the views of your Lordships’ House expressed in these two areas.

The noble Lord will know, from when he was in government, that a certain process needs to be gone through before formal amendments can be laid. To be entirely frank, I doubt whether I can go through all that process of the communication with the different departments and get the clearance to lay an amendment in time for Third Reading. It is likely to be when the Bill arrives in another place. None the less, I hope that the noble Lord might feel that there is enough there, along with our good will in supporting the thrust of what he is seeking to do, for him to withdraw his amendment at this stage.

[Lord Rosser]

The Minister has not given me a commitment to come back at Third Reading, and I am not surprised. Neither is there a commitment that when the Bill gets to the Commons, amendments along the lines that I am proposing will be put into the Bill by the Government. I think that is a fair summary of what the noble Lord has said.

[Lord Bates]

I am sorry to intervene on the noble Lord, but he may end up with something better for tackling the problem in the response of the Sentencing Council to the concerns raised in this debate by him and by others.

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[Lord Rosser]

I am also reflecting on some of the arguments that have been made. There is an argument in relation to the 2005 Act; there have been others as if to say, “We don’t want to put things in the Bill because circumstances may change”. In thanking all noble Lords who have spoken in this debate, I say that the reality is that—for the reasons that the Minister explained —the Bill contains a provision that it will be an aggravating feature to supply or offer to supply such substances in the vicinity of a school. Indeed, as I understand the Minister to have said, that has been in legislation for some time. In other words, this issue has not arisen and then suddenly moved on or disappeared.

Likewise, the issue of drugs in prison is not particularly new. We have an issue with new psychoactive substances because they are relatively recent. We are also in a situation where the issue is clearly significant in prisons. It has been commented on by the Chief Inspector of Prisons and by the ombudsman. It has even been commented on by the Secretary of State for Justice. I do not think that the Minister is going to come to the Dispatch Box and tell me that he has any reason for believing that the issue of drugs in prisons is going to disappear in a short time.

This is an issue which needs addressing, and in the same way as the issue of supplying or offering to supply in the vicinity of schools has been addressed—namely, by making it a statutory aggravating feature reflecting the seriousness of the offence. It is of course then for the court to determine what the sentence will be in the light of that aggravating feature. The Minister has said that this is an opportunity and that we can express our views. The best way to do that would be by taking a vote to see whether the House is of the view that such an offence—of supplying or offering to supply new psychoactive substances on prison premises—should be an aggravating factor increasing the seriousness of the offence, as it will continue to be under the Bill for supplying in the vicinity of a school.

We already have that continuing provision in the Bill about supplying or offering to supply in the vicinity of a school. In the light of that, the argument has been made that there is an equally serious issue in relation to our prisons—and frankly, there is no evidence that it is about to disappear. The problem in relation to drugs has been there for some time. The issue of the new psychoactive substances is an opportunity for the House to express its view that it should be an aggravating feature affecting the seriousness of the offence. The court would then have to decide what the sentence will be by taking that into account. I wish to test the opinion of the House to see whether it agrees with me on that.

[Lord Bates]

Before the noble Lord sits down, just to be clear to those who are listening to this point in the debate, we are not arguing about whether it will be an aggravating factor. The Minister has written to the chair of the Sentencing Council, so it is not in doubt that we are looking at ways in which it will be an aggravating matter. The question is whether it should be a statutory one on the face of the Bill or one which, as a result of legislation which his Government passed in 2005 and 2009, now rests within the responsibility of the Sentencing Council to determine. That is really what is at issue.

ISIL

Debate between Lord Bates and Lord Rosser

Thursday 2nd July 2015 Lords Chamber

[Lord Bates]

The noble Lord is clearly very experienced in these matters, in the workings of the Civil Service and in giving advice to Ministers. If he will forgive me for saying this, he will be aware that at present we are actively engaged, along with 60 other countries, in the activity in Iraq. We are providing technical support in Syria. That remains our position. If there is any change, clearly the House will want to reflect on how it handles that.

[Lord Rosser (Lab)]

We on this side associate ourselves with the Minister’s words about the victims of the atrocity in Tunisia and their families. Will he reassure the House that no requests for additional resources—whether human, equipment or financial, from our intelligence organisations, police or Armed Forces—to address the threat posed by ISIL to this country have been declined or not answered?

[Lord Bates]

The Government—and, indeed, the previous Government since 2010—are very clear that we have protected the budgets for counterterrorism police work and of the security services. The Prime Minister announced last November, in response to developments in Iraq and Syria and the ISIL threat, that there will be a further £130 million. We continue to keep that under review but let there be no doubt whatever about our commitment to providing the resources that are needed.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Tuesday 30th June 2015 Lords Chamber

[Lord Rosser]

My Lords, as the noble Lord, Lord Paddick, said, we have had the debate on decriminalisation already today. I can only repeat our position that we do not believe that we should be moving to decriminalise possession of a wider range of substances currently controlled by the Misuse of Drugs Act 1971 through an amendment to the Bill, which is designed to address a specific issue that has developed very quickly over the last few years in respect of new psychoactive substances as defined in the Bill. As the noble Lord said, another amendment in the group seeks to provide that importing new psychoactive substances should not constitute an offence where the substance is for the individual’s own consumption. That issue was raised at Second Reading.

We will listen with interest to the reply from the Minister, since there is a need to have a very clear definition of which activities, if any, that might be involved in achieving personal possession of new psychoactive substances for personal consumption, which is not an offence under the Bill, are or are not also covered by the non-offence provisions in the Bill. To pursue the point made by the noble Lord, Lord Paddick, will the Minister say whether the reference in Clause 8 to a person committing an offence if they intentionally import a substance for their own consumption is intended to cover the situation where the substance is ordered online from outside the country? What happens if the individual concerned, in ordering the substance online, is not aware of whether it has come from within or outside this country, and it is subsequently proved that it has come from outside this country? Is that person guilty of an offence under the Bill?

[Lord Bates]

My Lords, I thank the noble Lord, Lord Howarth, for introducing this amendment. The amendments in this group relate to the personal use of such substances. Let me assure the noble Lord at the outset that the Bill does not make possession of a psychoactive substance for personal use a criminal offence. Similarly, it is not an offence to possess for personal use a drug subject to a temporary class drug order. In that sense, the current process is consistent with the way in which we have tackled such issues in the Misuse of Drugs Act, in that the intention is to catch the suppliers and manufacturers of the products.

The noble Lord, Lord Paddick, and the noble Baroness, Lady Meacher, whose apologies we note, have argued that the Bill is internally inconsistent in making it an offence to import a psychoactive substance for personal use but not criminalising personal possession. I hope I can persuade the Committee that this is not the case. The very principle of this Bill, as recommended by the expert panel, is to tackle the supply of these substances. Given that the vast majority of these substances are imported from abroad, clearly, if we are to tackle the supply, we need to ensure that we have in place a robust importation offence and that the Border Force has sufficient powers to effectively stop these substances crossing the border. On that point, I advise the Committee that the Government intend to table further amendments to ensure that the Border Force can access the powers under the Customs and Exercise Management Act 1979 when it intercepts psychoactive substances coming into the UK.

We cannot have a robust importation offence if we permit small quantities of psychoactive substances to be imported for personal use. We want to stop all these dangerous substances entering the country, not facilitate their use. The expert panel was clear that the Bill should focus on the supply of these substances and target all sources, even social supply, which can be a gateway for people into regular drug use. Any supplier of a new psychoactive substance is contributing to the overall drugs problem.

The substances caught in this Bill are deliberately being treated differently from the drugs controlled by the Misuse of Drugs Act 1971. The 1971 Act controls drugs where we have expert evidence of specific harms and therefore apply the full ban on possession and supply for public protection. For those not—or not yet—controlled under the 1971 Act, we are targeting the trade alone. However, allowing possession of a psychoactive substance is one thing; deliberately weakening the controls by creating a loophole that allows the importation of small quantities is something else, both in principle and in practice.

I have already outlined one risk in allowing importation of personal quantities—that of creating the possibility for individuals to import multiple packages of small quantities of psychoactive substances, which on their own are consistent with personal use but could enter the supply chain when combined. There is a raft of practical challenges with this approach: how much would constitute personal use? Would it cover all substances? Would you allow someone to import a year’s worth of substances for their personal use? That could, depending on the substance, be a significant quantity.

Another concern would be the enforcement challenges that this new approach would create. A blanket importation ban simplifies enforcement by the Border Force: any psychoactive substance found at the border and which is evidently intended for human consumption can be seized and destroyed, unless it is an exempted substance or for an exempted activity. Allowing smaller packages for personal use would impose significant demands on the Border Force, requiring it to investigate the importation in each and every case to determine whether the seized substances are for onward supply or personal use. It would simply be unrealistic and an unnecessary burden to put this measure in place.

On the website question, which is a fair point, it should be said that there were two effects of the Irish experience: one was immediately to close down the head shops in the Republic of Ireland; the other was to allow the Government to take down the websites that were supplying these substances, which were on a Republic of Ireland domain. On the offences committed when there is the intention to import, if you can prove that you did not know the website was overseas and that you were importing, you would not have intentionally imported. Is that clear? Perhaps it is just not clear to me. Let me read it again: on the offences committed when it is intentionally imported, if you can prove that you did not know the website was overseas when you were importing, you would not have intentionally imported. Yes, that is very clear.

Finally, I should add that the importation of psychoactive substance offences in both Ireland and Australia also apply to all quantities imported: there is no exemption for personal consumption. Amendment 52 would stand or fall with Amendment 45, as it seeks to make a consequential amendment to the list of prohibited activities to replicate the change in the importation offence.

I hope that I have been able to provide some comfort to the noble Lord, Lord Howarth. I suspect I may have been unable to persuade the noble Lord, Lord Paddick. However, having given the issue a good airing, I hope that he and other noble Lords will not feel the need to press their amendments.

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[Lord Rosser]

Before I respond on what I am doing with the amendment—I shall be withdrawing it; I do not want to appear to suggest that I am going to do something else—can the Minister say whether the Ministry of Justice is interested in seeing this become an aggravating feature in prisons?

[Lord Bates]

As one would expect, the justice department will have been consulted and was part of the discussions in preparing the Bill. I note the reference that the noble Lord made to the remarks of the Justice Secretary in another place. I will certainly reflect on those and make contact with the Ministry of Justice again to ensure that its views are fully taken into account in the approach which I have outlined. Given that it has lead responsibility for prisons policy, I would expect those to be exactly as I have said.

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[Lord Bates]

In response to those two points, I think I am right in saying that where we came from on this was to try to get consistency with the Misuse of Drugs Act 1971, where “children” is stated as an aggravating factor. We are therefore continuing that into the present. There will come a point where if you then add in certain types of locations and places, where do you stop? Will the courts then be unsure as to what the Government were trying to tackle in introducing the legislation? There is a duty on sentencing judges to follow sentencing guidelines, so the point can be dealt with through that route. We have certainly tightened up the laws with regard to drug use in prison through the Criminal Justice and Courts Act 2015 and the Serious Crime Act 2015. As I say, I certainly understand the comments that have been made and I will reflect particularly on the point about children between now and Report, with the assistance of that meeting.

[Lord Rosser]

The Minister said that he would reflect particularly on the point about children. Is he saying that he will reflect on the prisons point? He worded it in such a way that it cast doubt as to whether he would.

[Lord Bates]

I am always learning that the problem with legislation is when you mention one factor and have not necessarily mentioned another. I did not particularly mention it. The specific suggestion I made to the noble Lord, Lord Rosser, was that I would discuss the points which he raised with colleagues in the Ministry of Justice. I will share the remarks he has made in Committee on this amendment with them. That was the offer I made in respect to his amendment. It was in respect to the others that I agreed to the meeting.

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[Lord Rosser]

As the noble Lord, Lord Paddick, said, the amendment would introduce a system of licensing to sell psychoactive substances determined to pose low overall risk, which is contrary to the objectives of the Bill as it currently stands, which is to provide for a ban on new psychoactive substances. My noble friend Lord Howarth of Newport has already referred to the views of the Local Government Association and its lack of enthusiasm for this amendment, saying that it would oppose councils being made responsible for licensing because of the difficulties of assessing whether a product is a low overall risk. My noble friend Lord Howarth went on to refer to the further comments that the LGA made about the need for a very thorough regime to be in place if we were to go down the road that was being suggested in this amendment. The Government’s expert panel also said that it would be difficult to define low risk from a legislative and harms perspective and, even if it could be done, a mechanism for controlling new psychoactive substances would still be needed, which could lead to confusing messages about new psychoactive substances overall.

How does one decide whether a drug is safe? There are immediate risks that occur and also long-term risks that occur, including long-term psychological issues and dependency, so what does low harm mean in that context? The amendment refers to everything being set out in regulations, but I am not sure whether, under the terms of the amendment, a drug would be presumed safe until evidence came to the contrary or whether the producers of a drug would be expected to prove that the drug was safe. If so, how would you do that, how would you determine all the possible different types of harm, and would it have to involve human trials—because, without trials, how do you determine harm or otherwise?

The amendment refers in a sense to Clause 3, which provides that the,

“Secretary of State may by regulations amend Schedule 1 in order to … add or vary any description of substance”.

We had a discussion earlier today about the significance of the word “vary” but, in the light of the Minister’s response at Second Reading, I am still not clear why that provision in subsection (2)(a) is there, and why the Secretary of State may add a substance to the list. Listening to the Minister’s response at Second Reading, I got the impression that he was making it very clear on behalf of the Government that the Secretary of State would not be adding substances under the terms of Clause 3. Bearing in mind that the Government have put it here in the Bill, I would simply ask: in what circumstances do they envisage the Secretary of State adding to items in Schedule 1?

[Lord Bates]

I shall take that last point first. From time to time, new and very dangerous chemical compounds come into the market in the UK, as we know from the whole experience of tackling new psychoactive substances. The provision is there to allow the possibility, in extreme circumstances, the likes of which we cannot envisage at this stage, on scientific advice and on advice from the police on a new substance coming into the UK and putting lives at risk, that we can act in a prompt way.

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[Lord Rosser]

The Minister will tell me if I am wrong, but I am very much getting the impression that the Government do not actually have any idea at the moment of the circumstance in which they might add an exempted substance to Schedule 1, but have put in the provision just in case something turns up that they cannot think of at the moment and that might lead them to want to do it.

[Lord Bates]

Well, I have given a couple of examples of things that may have been included by mistake. We know from the European monitoring centre that there are hundreds of new substances and chemical compounds that have been identified in the course of each year. Over 500 substances have already been banned in the past five years alone. Therefore, because of that fast-moving change, we have an enabling power in the Bill to allow us to respond quickly and effectively should a threat or an oversight with an unintended consequence come to light. I would have thought that, in good legislative practice, the fact that the Government would seek to respond in that way would carry a great deal of support.

I am conscious of time, but also of the fact that we dealt with a number of these issues under Amendment 19, when we discussed risk. We had a very good and thoughtful debate on that issue, and it was clear from that why, when the expert panel looked at the New Zealand licensing example, it felt that there were weaknesses in it because of how low risk or low harm would be defined. Therefore, the panel chose not to recommend going down that line but instead chose to follow the example of the Republic of Ireland and a blanket ban.

I come to the point raised by my noble friend Lord Blencathra, who asked whether I had seen the new report produced by Trinity College Dublin, an eminent academic source, on the ban on head shops and how it was actually impacting. One of the authors of the study, Dr Bobby Smyth, claims that,

“the results of the survey show that the kind of drugs being sold in headshops are not being used to the same extent any more”.

That would seem to challenge one of the arguments that has frequently been put forward—that somehow the incidence of usage has increased. That is not what has been found. Dr Smyth also claims that those drugs have not been driven underground, as has been feared, stating that,

“the findings have shown that the implementation of legislation, targeted primarily at the vendors of NPS, did indeed coincide with a fall in NPS use among this high risk group of teenagers who attend a drug and alcohol treatment service … The study found that, among the two groups surveyed, not only did the problematic abuse of headshop drugs fall but that the use of cocaine and amphetamines also fell”.

Consumption of so-called legal highs fell sharply after the Government cracked down on head shops that sold them, according to new research. Researchers studied two groups of young people attending a drug and alcohol treatment centre in Dublin. The first group attended the service immediately before the legal changes designed to drive head shops out of business were introduced, and the second attended a year later, after the ban came into effect. The percentage of problematic users of head shop drugs fell from 34% in the first group to zero in the second. The percentage who had taken any such drugs in the previous three months fell dramatically from 82% pre-ban to 28% after the ban was introduced. The study was published in the International Journal of Drug Policy. That clearly produces some evidence, which I know was sought by Members of the Committee earlier when they asked whether the ban was having any effect.

Was the expert panel’s recommendation to take a different approach from New Zealand a sensible way forward? I think it probably is. Just last week, the state of Western Australia passed a blanket ban as well. There is a gathering view that this is having some effect in tackling a very difficult problem, and that licensing, however well-meaning and thoughtfully presented the arguments for it may be, is not as effective in achieving the outcomes that we all want.

Calais: Border Management

Debate between Lord Bates and Lord Rosser

Wednesday 24th June 2015 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the Answer. The situation at Calais has, over time, reflected the humanitarian crisis and the activities of human traffickers, which are both issues that need to be addressed at source. Co-operation between the French and British authorities in their work is to be welcomed, but on the issue of the events of the last day or so, could the Minister say what specific action has been taken to protect British citizens delayed in northern France in the light of reports alleging harassment and threats to car and lorry drivers waiting to travel back to this country—also implied in the Answer—and reports that some hauliers no longer use Calais?

The Answer also referred to the interception of a number of would-be migrants by Border Force and the French authorities. What is the Government’s current estimate of the number of would-be migrants who are likely to reach this country as a result of the recent disruption in northern France, and how does that figure compare with the estimated usual number of would-be migrants thought to reach this country through the ports of Calais and Coquelles over a similar period?

[Lord Bates]

To answer the first question, the Home Secretary has spoken to Monsieur Cazeneuve about the safety of British and other travellers travelling to the UK. There is a promise to provide extra resources during this time to help secure vehicles. It is a very fast-moving and difficult situation, as has already been mentioned.

As to the effect on the number of people arriving into the UK, the juxtaposed controls, which are at the heart of this and were actually introduced by the previous Labour Government, have worked very well in Calais, Dunkirk and Coquelles. They are staffed by a pool of about 800 Border Force officers based in France. It is estimated that, in the past year, 40,000 people have been stopped travelling into the UK. The message to take from yesterday is very clear: the UK border was not breached. There was significant disruption for travellers and freight vehicles as a result of the action, particularly for those using the tunnel, but we do not anticipate that having a direct effect on the numbers entering the UK.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Tuesday 23rd June 2015 Lords Chamber

[Lord Bates]

The noble Lord is a very experienced parliamentarian, and tempts me to speak about matters of finance, which is a big challenge. I do not want to dodge the question, but will just put it this way: some clear commitments have been made about what we are doing in the Bill and what we want to achieve through it, and we see education as being a key part of that. Therefore, resources will have to be allocated to ensure that those things happen, and that will be reviewed. That is probably about as far as I can go at present on education, but I am sure we will return to it at later stages of the Bill as it goes through your Lordships’ House and following the meeting I referred to. I certainly undertake to communicate the content of this debate to my colleagues in the Department for Education and the Department of Health.

[Lord Rosser]

In that response, is the Minister ruling out any reference in the Bill to education, training and prevention and a report on what is actually happening in that field in relation to new psychoactive substances? The Minister has accepted—or rather, I am sure it has always been his view—that legislation alone is not enough and that education, training and prevention are vital too. It would seem quite appropriate to have some reference to that in the Bill.

[Lord Bates]

I understand where the noble Lord is coming from, and we will look at this. The Bill is primarily a law enforcement measure, setting out definitions et cetera, although it is part of a wider context that includes education. As to whether we should have references to education or treatment programmes in the Bill, I personally favour things that are very clear and focused about what they want to do. What we hope to achieve through education is a very important part of the context. I undertake to reflect on that between now and Report.

Psychoactive Substances Bill [HL]

Debate between Lord Bates and Lord Rosser

Tuesday 23rd June 2015 Lords Chamber

[Lord Rosser]

As has already been said, one assumes—though life is full of surprises—that the Government’s response will be in line with the Answer that was given in this Chamber on 17 June to an Oral Question from the noble Baroness, Lady Meacher.

This Bill deals with a particular issue—psychoactive substances—on which there is surely a need for specific separate legislation. The amendment we are discussing appears to be a considerable extension of the Bill, and an extension of the prescription of cannabis, which can be very harmful. One would not have thought that one would want to go down that road without clinical evidence and trials indicating that it was the right road to take and, if so, in what circumstances, for what drugs, and based on whose advice. No doubt I will be corrected if I am wrong, but I understand that at present the approach suggested in the amendment does not, for example, have the support of the Advisory Council on the Misuse of Drugs. Nevertheless, I await the Government’s response with interest.

[Lord Bates]

My Lords, first, I thank the noble Baroness, Lady Meacher, for giving us the opportunity to have this debate. In some senses, it is a rehearsal of our discussion following the Oral Question she asked in your Lordships’ House last week.

The Government’s position is that we have no plans to reschedule cannabis. There is clear scientific evidence that cannabis is a harmful drug which can damage people’s mental and physical health, and which can have a pernicious effect on communities.

Let me deal with a couple of the points that were raised in the debate. In responding to these amendments, I remind the Committee that cannabis is a controlled drug under the Misuse of Drugs Act 1971, and listed in Schedule 1 to the Misuse of Drugs Regulations 2001. The 1971 Act will continue to regulate the availability of controlled drugs, and Schedule 1 to the Bill specifically excludes drugs controlled under the 1971 Act.

To move herbal cannabis and cannabis resin to Schedule 2 to the 2001 regulations, and thereby enable their prescribing, would amount to a circumvention of the established evidence-based regulatory process that successive Governments have had in place to ensure that products made available in the UK as medicines are as safe and effective as possible. My noble friend Lord Ribeiro made the point about the importance of rigorous clinical trials.

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[Lord Bates]

That is a good point. There are a number of ways. Perhaps I may make the point that I have been trying to set out the terms so that a future reader of the Official Report may actually be able to deduce—I will be careful here—what the Government intended when they set out the definition in this particular way. The noble Lord’s intervention is entirely appropriate and I do have an answer which I will give to him, but I want to make sure that we do not lose the flow of what underlies this, which is the rationale behind the definition.

There are a number of ways, and these include data based on a human user’s experience, argument by analogy and in vitro neurochemical profiling. Working with the Centre for Applied Science and Technology at the Home Office, we will identify and build the capability in the UK to meet the demand for this new forensic requirement, as well as working with the Office of the Forensic Science Regulator to ensure that the high standard of quality that forensic evidence meets is maintained.

The Home Secretary has written to the Advisory Council on the Misuse of Drugs seeking its views on how we can strengthen the UK’s forensic capacity and capability to support the implementation of the legislation. We remain ready to consider carefully any recommendations the council may have about other aspects of the Bill. We will continue with the forensic early warning system, which has enabled forensic providers more easily to identify new psychoactive substances coming on to the UK market through the provision of reference standards and establishing a new psychoactive substances community. I am sure that that has entirely answered the noble Lord’s point.

[Lord Rosser]

It seems to me that this is a fairly crucial part of the Bill because the argument, quite rightly under the present procedure, is the length of time it takes to ban a psychoactive substance. I have listened with interest to what the Minister has said, and I suspect he has listened with interest to what he has been reading out—I am not trying to be rude; I mean that. But what is really needed is an indication of how long it is going to take to ban one of these substances as compared with the current procedure. What the Minister has said does not help me form a view on how long it will take to ban such a substance in the future, compared with the current situation, and that surely is the key aim of the Bill: being able to ban these substances with a degree of rapidity.

[Lord Bates]

That is so, and many a true word is often spoken in jest—such as when the noble Lord talked about my going through the answer which has been provided. I accept that the key point here, which the noble Lord, Lord Harris, was getting at, is to look at how a police officer would actually start the process of gauging whether a person was being disorderly, search them in the belief that they are in the possession of a new psychoactive substance, and then, if they find something, how it will be determined whether that substance is banned. I am going through the process whereby the substance will have to be sent to the lab, where it will be tested for certain chemical compounds which might be on a list or subject to a temporary banning order.

What we are saying is that a different approach will be taken in the future. We are setting up a very broad definition in order to avoid the constant race to hybrids and changes which officers are facing on the street. We arrive at a definition which is set on one day, but the substance has miraculously morphed into something else the next day and gets through the loophole. What we are dealing with here is a definition of the effect which a substance has or is intended to have on the person who is in receipt of it.

If I make a little more progress on my brief, the position might become clearer. The nature of this point is our experience of the loophole, which I have covered. There are any number of natural products, which takes me to Amendment 9. The amendment seeks to import the definition of a psychoactive substance used by the Republic of Ireland in its Criminal Justice (Psychoactive Substances) Act 2010. Indeed, we used the same definition as a starting point. As the Committee might imagine, during the drafting of the Bill we discussed the definition with counterparts in Ireland, and in Australia and New Zealand, and with scientific and law enforcement experts. Following this advice, we have retained the core elements of the Irish definition, but have sought to refine it to make it more concise.

Clandestine Migrants

Debate between Lord Bates and Lord Rosser

Monday 8th June 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I thank the Minister for repeating the Statement.

The people found at Harwich are victims of criminal gangs, just like those found on boats in the Mediterranean. What action are the Government taking to ensure that there is a more concerted UK and EU drive to seek to stop this trade in human beings at its source? To secure our borders, what percentage of lorries and containers are now routinely checked at UK ports of entry? John Vine, the former inspector of borders, stated at the weekend that good intelligence and experienced staff were critical but that a lot of experienced staff were leaving and not being replaced. Is that true? Finally, can the Minister say whether or not Border Force funding is ring-fenced from the Home Office funding cut that was announced by the Government last week?

[Lord Bates]

My Lords, I will take the points raised by the noble Lord, Lord Rosser, in turn.

The noble Lord is absolutely right to say that it is one thing to try to tackle these problems when they arrive in the UK but far more productive to focus that effort in areas and countries where there is insecurity. That is part of the reason why so much of the work of DfID and the Foreign Office in places such as Syria is about trying to intervene to provide stability and security in those areas so that people do not undertake the perilous journey, in the case of the Mediterranean, or become victims of the criminal gangs that we have talked about.

The second thing that we can do in that regard is to strengthen the laws in relation to this. With a large degree of cross-party support in the last Parliament, we introduced the Modern Slavery Act, the Counter-Terrorism and Security Act and the Serious Crime Act, all of which were aimed at trying to disrupt activity and increase the penalties for those concerned.

The noble Lord asked some specific points about the operations and the percentage of checks that are carried out. This work is very much intelligence led. Border Force works very closely with the National Crime Agency and it will pass on intelligence to particular ports for the screening of vehicles. The actual percentage may change from port to port on the basis of intelligence that is received at that point. We can also take some confidence—without for one second being complacent—from the performance of Border Force in areas such as Harwich for the examples that I gave earlier.

There is a three-pronged approach: the first is tackling the issue upstream; the second is the greater use of technology; and the third is greater use of intelligence. We must also strengthen the legal framework to ensure that those people who engage in this pernicious activity of trafficking people across countries get the punishment that they deserve.

Police and Crime Commissioners

Debate between Lord Bates and Lord Rosser

Wednesday 3rd June 2015 Lords Chamber

[Lord Bates]

The funding of the panels and the offices of the police and crime commissioners is a matter for the police and crime commissioners, which they must do and for which they must be accountable in their plan to the electorate.

[Lord Rosser (Lab)]

My Lords, first, I congratulate the Minister on his promotion, which is certainly well merited. Bearing in mind that this appears to have happened in some instances last year, do the Government regard it as being within the existing powers of any police and crime commissioners to prevent or seek to prevent their chief constables from signing a letter likely to go into the public domain expressing concerns about their ability to maintain public safety within their existing or proposed budgets?

[Lord Bates]

I would obviously need to look very closely at the example which the noble Lord gives. I do not have it, in fact. But we would take that very seriously. It is important to recognise that while police and crime commissioners are of course accountable to the public, they are also accountable and available to be scrutinised by the Independent Police Complaints Commission. If there were claims of undue influence of the type that he has alluded to, that would be one route. But I would be happy to look at further details if he wanted to share them with me.