Asylum Seekers: Convictions

Lord Bishop of St Albans Excerpts

Thursday 8th February 2024 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, any foreign national convicted of a crime and given a prison sentence is considered for deportation at the earliest opportunity. Under the legislation to which the noble Lord referred, the UK Borders Act 2007, a deportation order must be made where a foreign national has been convicted of an offence and received a custodial sentence of at least 12 months. As to the other matters raised in the question, it is important to remember that restrictions on returning persons to the countries from whence they came are also matters of our international obligations, including treaties such as the European Convention on Human Rights.

[The Lord Bishop of St Albans]

My Lords, both the Church of England and my most reverend friend the Archbishop of Canterbury have repeatedly said that we want the boats to stop, criminal gangs to be prosecuted and people to be held accountable if they commit offences. We note that a prominent Member in the other place recently said that the Church is

“facilitating industrial-scale bogus asylum claims”,

which has been widely reported in the press. Administering the sacrament of baptism is one of the core duties of the clergy. Given that, what is the evidence to substantiate claims that baptism is being used systematically and extensively to support asylum claims? If the Minister cannot give me that information now—I understand that it is a big ask—can he please write to me? We would like to see the evidence.

[Lord Stewart of Dirleton (Con)]

My Lords, I have already spoken on the nature of baptism, and I hope that what I said corresponds with the views of the right reverend Prelate on the matter. All asylum claims are considered carefully on their individual merits, including issues relating to the freedom of religion and belief and the credibility of a conversion. Indeed, on that last point, additional training is being rolled out to officials who assess matters of credibility in this context. I invite the House to reflect on the fact that the Home Office has for many years worked closely with the All-Party Parliamentary Group for International Freedom of Religion or Belief and the asylum advocacy group, and engaged with a wide range of faith groups to assist in training caseworkers.

Nationality and Borders Bill

Lord Bishop of St Albans Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 10th February 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to address Amendments 156A and 156B in this group and to follow the noble Baroness, Lady McIntosh of Pickering, and what she said about the Scottish Law Society. I very much associate myself with her remarks. I turn the attention of the Committee to these two amendments, the kernel of which is

“(1ZA) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (c) is to be made on the standard of “suspect but cannot prove”.”


My explanatory statement says—I will not read it all—

“This amendment would ensure that amendments made to the Modern Slavery Act 2015 do not raise the threshold”—


the point the noble Baroness has just referred to—

“for a Reasonable Grounds decision when accessing the National Referral Mechanism in line with—”

the guidance.

One thing that came out of the last debate was that it was pretty clear that the whole Committee is agreed about one thing: that the national referral mechanism is vital to the recovery and safety of survivors of modern slavery. Since its introduction in what the noble Lord, Lord Coaker, was right to refer to as “landmark legislation” in 2015, a point echoed by the noble and learned Lord in replying to that debate, it has allowed us to identify survivors and ensure they receive the right support and are able to assist law enforcement in tackling this abhorrent trade in human beings and human suffering. I am very grateful to my noble friend Lady Prashar and to the right reverend Prelate the Bishop of St Albans for signing Amendment 156A.

Accessing the NRM is the crucial first step on a survivor’s journey to recovery, giving them access to vital legal and financial support, safe accommodation and an exit from the kind of exploitation that the noble and learned Baroness, Lady Butler-Sloss, referred to earlier. It enables them to start the process of rebuilding their lives, empowering themselves and even bravely supporting the prosecution of traffickers so that more potential victims are saved from exploitation. First established in 2009, and supported by successive Governments, the NRM was recently highlighted by the Organization for Security and Co-operation in Europe as being a key element in the fight to end slavery. Since then, with the introduction of the Modern Slavery Act 2015, the UK has become a world leader in this fight and a beacon of hope for those who have been trafficked and enslaved.

However, as the noble Lord said earlier, and I agree with him in this sense, the national referral mechanism is not perfect. That is clear but the opportunity to do something about it is up the track. There is no need for Part 5 to be incorporated in the Bill, when it is inconsistent with much else in it anyway. The noble Lord told the House earlier that there is to be new legislation, so why on earth can we not wait for that? There is an old saying that when you legislate in haste, you repent at leisure; that is what we will do if we simply push this through in a pell-mell way. The mechanism may not be perfect, but it is better than anything else at the moment and we should be very careful about what we do to it.

There is a catalogue of confusion and delays, but I am sure the Government do not believe that the only solution is simply to reduce the number of poor people able to access support. However, that is exactly what Clause 59 will do. Effectively increasing the threshold that these traumatised individuals must meet, almost from the get-go, to receive support will not only leave many with the choice of slavery or destitution; it will fundamentally undo the years of hard work by government, police, NGOs, charities and Members of both Houses.

Even now, far too many survivors go unrecognised and are excluded from support. Despite our understanding of the nature of trauma and the horrors so many have gone through, many do not receive a “reasonable grounds” decision and are forced to reapply. In the previous debate, we were urged to get into the real world. The noble Lord, Lord Coaker, had a better definition of what the real world is than the one we heard from the Government Front Bench. I will do as the noble Baroness, Lady Hamwee, did earlier and share one example with the House, if I may.

It is the case of a poor woman who was the victim of trafficking and violent sexual exploitation. By the time she arrived in the UK, she already had severe PTSD. Her symptoms included involuntary numbing, avoidance, dissociation and shame. She failed to disclose her trafficking experience in her early interactions with the Home Office, due to the severe trauma she had experienced. These inconsistencies later contributed to her receiving a negative decision on her trafficking claim. However, they needed to be understood in the context, as I said earlier, of prolonged exposure to trauma at an early age and fear of reprisals from her abusers.

Clause 59 risks raising the threshold for a positive reasonable grounds decision at this vital first stage, meaning that survivors such as that woman will be forced to meet an even higher threshold of evidence almost immediately, before they have accessed safety and a lawyer, translator or advocate to help provide the evidence that is expected of them. The noble Lord who addressed the House earlier has promised to write to the noble Lord, Lord Coaker, me and others with more data. Here is a little data that I will share with the noble Lord, Lord Sharpe.

It is worth noting that 81% of all negative decisions at this first stage which where reconsidered were found to have been wrong, and the victim deserved a positive reasonable grounds decision. Currently, there are an estimated 136,000 victims of modern slavery in the UK, and a little over 10,000 were referred to the NRM in 2020. That means there is a vast number of individuals who have been trafficked and enslaved in our country and are already far from the safety offered by the national referral mechanism. Were we to raise the threshold to access safety and support, it would surely only play into the hands of the traffickers and slave masters by preventing survivors sharing their experience and supporting criminal investigations.

I note that the Government have denied that Clause 59 will increase the threshold, and that the intention behind it is to bring us in line with the European convention on action against trafficking—ECAT. However, many who are in the anti-slavery movement, to which we heard a lot of references earlier, and on the ground in the real world supporting vulnerable people every day believe that it is already harder today than it was, even a year ago, to get a positive decision. As such, if not remedied in the guidance, the change in language represented in this clause would effectively raise the NRM threshold.

Furthermore, the Government have rightly decided to include in the Bill that conclusive grounds decisions be made on the balance of probabilities. If the intention is not to raise the threshold, then I simply ask the Minister that they put in the Bill that reasonable grounds decisions be made on the tried and trusted standard of “suspect but cannot prove”, which is the essence of Amendments 156A and 156B. That would allow the Government to change the language of the Modern Slavery Act to be more in line with ECAT, in order to provide more consistency between conclusive grounds decisions and reasonable grounds decisions in the Bill. Vitally, it would not raise the threshold for survivors of trafficking to receive a positive decision, therefore ensuring that these poor people receive the support they so desperately need and the authorities have the evidence they need to end slavery.

Article 10(2) of ECAT says that

“if the competent authorities have reasonable grounds to believe that a person has been victim of trafficking in human beings, that person shall not be removed from its territory until the identification process as victim of an offence … has been completed”.

Both ECAT and the Modern Slavery Act envisage that support be given to victims through the NRM as the earliest stage possible, when someone is identified as a potential victim. Raising the threshold only to those who prove their status as a victim of trafficking would undermine the point of the three-stage referral system currently in place. That support is crucial to enable victims to make any discourses from a position of safety.

No doubt the Minister will say that the NRM may have been abused, but I ask him to provide the justification for that claim. As the noble Lord, Lord Coaker, and I said earlier, where is the data? I refer the Minister to the report by the Rights Lab at the University of Nottingham for evidence that the NRM is not being abused. Indeed, according to many reports, one of the biggest problems with our NRM is that it is underutilised; there are already a low number of referrals to the NRM. According to the Global Slavery Index, the estimated figure for the prevalence of modern slavery in the UK is 136,000, yet in 2020 only 10,613 potential victims were referred to the NRM. Raising the threshold would serve only to further restrict those who access the vital resources of the NRM.

I therefore felt it necessary to table these amendments. Those who are referred to the NRM are often among the most vulnerable, in the most traumatic moments of their lives. We should not be raising the threshold; we should be doing everything we can to facilitate their access to support. I beg to move.

[The Lord Bishop of St Albans]

My Lords, I shall speak to amendments 156A and 156B in the names of the noble Lord, Lord Alton of Liverpool, and the noble Baroness, Lady Prashar, to which I have added my name. I hope I can be fairly brief because much of the ground has been set out brilliantly by the noble Lord, Lord Alton, and I am very grateful for that.

The reality of Clause 59 is that raising the threshold—from “reasonable grounds” to believe that someone maybe a victim of modern slavery, to “is” such a victim—could lead to the national referral mechanism failing to identify victims of modern slavery, effectively shutting them out of the support that they so desperately need. That was picked up yesterday in our General Synod debate across the road, to which the right reverend Prelate the Bishop of Bristol has already alluded.

The Clewer initiative, to which she has also alluded, is our response to modern slavery. It was set up in 2016 and published three strategies for 2022. Two of these included promoting victim identification and providing victim care and support. Our concern, along with the Clewer initiative, is not just to get down to the legal minimum but to try to accompany people on what is the most traumatic journey, through which many of them will need considerable help. Part of the reason for that—many Members of your Lordships’ House will grasp this but many people in wider society do not—is that much modern slavery is effectively hidden, and sometimes so subtle that even the people involved in it do not always get what is going on. That is why it affects drug traffickers, fruit pickers, beauticians, people working in nail bars and so on, as well as the obvious areas where people find themselves caught up—for example, in the sex industry.

This coercion is a subtle thing, but it plays a central role in keeping individuals in this misery. It can range from violence to substance addiction, debt bondage and, of course, withholding people’s papers. So, it is a long and complex process. The CURE initiative states that beyond these factors, one of the key elements in controlling victims of modern slavery is creating a fear of any authority so the victims simply do not know where to go. Often, victims will hide.

Lammy Review

Lord Bishop of St Albans Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Keen of Elie [V]]

My Lords, I do not accept that the MoJ has been dilatory in this respect. As the noble Lord’s question implicitly acknowledges, the Lammy review was necessary. We are still taking forward the recommendation on prisons and prisoners, in particular the position of BAME prisoners. Indeed, that is also reflected in the steps we have taken in recruitment.

[The Lord Bishop of St Albans [V]]

My Lords, one of the important ideas found in the Lammy report is the use of relative rate index analysis, which provides important data on the way decisions at various points of the criminal justice system take place. This is the sort of tool we will need if we are to address this deeply embedded problem. Will the noble and learned Lord tell the House whether this relative rate index analysis has been a repeated and whether the lessons are being implemented?

[Lord Keen of Elie [V]]

My Lords, the CPS in particular is fully committed to ensuring that its decisions are free from racial bias. In that context, it is currently investigating a limited number of offences where review showed evidence of disproportionality in charging. It continues with such quality assurance decisions to check for racial bias. However, there are considerable practical difficulties in pursuing this and the CPS has to act on material passed to it by the police. This has to be undertaken across the entire criminal justice system.

Prosecutions and Sentencing

Lord Bishop of St Albans Excerpts

Tuesday 3rd September 2019 Lords Chamber

[Lord Keen of Elie]

My Lords, this Government do respect the law. In addition, this Government understand the law and the distinctions that lie between matters of politics and matters of law. In some areas that is not properly understood. Of course, there is always room for further investment in the justice system, but the Government face an issue of priorities. The question of further investment must be balanced by other demands on government.

[The Lord Bishop of St Albans]

My Lords, I share with many others gratitude for what the Government are doing to have an integrated approach to serious violence and youth violence in particular, and I welcome having more police because we need to have safer streets. But by the time we get to prosecuting and sentencing it is all too late. Very often people have been left injured and dead. How much are we investing way before that, particularly at school level? Will the noble and learned Lord say a little more about what support is being given to our schools? In particular, when, for example, children are found with knives, does this trigger a safeguarding response so that we are trying to deal with the causes, rather than just the results?

[Lord Keen of Elie]

My Lords, the right reverend Prelate makes a very good point. In July this year the Government announced their intention to bring forward legislation when parliamentary time allows for a new legal duty on public bodies to prevent and tackle serious violence—essentially what is referred to as a public health duty—that will cover the police, local councils, local health bodies, education, and youth offending services. Clearly, intervention at an early stage is the preferred approach.

Prisons

Lord Bishop of St Albans Excerpts

Thursday 8th February 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, we have not exceeded the certified capacity of the prison population, even over the last 20 years. We came very close in 2007, at which time the Labour Government had to introduce an executive licensing system to take pressure off the prison population—but at present we remain below capacity.

[The Lord Bishop of St Albans]

My Lords, research by the Ministry of Justice shows that women’s centres have a statistically significant effect on decreasing reoffending rates, are substantially cheaper than keeping women in custody and often allow families to stay together. Will the Minister use his department’s evidence to invest in women’s centres that treat women holistically as the best way forward for many women?

[Lord Keen of Elie]

The right reverend Prelate makes a very good point. We will shortly be setting out our strategy for female offenders. At present there are about 3,900 female offenders in custody. The Government are investing about £1 million between 2016 and 2020 to support local areas to respond to the needs of female offenders and to adopt a multiagency approach to their particular issues and problems.

Asylum Seekers: Legal Advice

Lord Bishop of St Albans Excerpts

Monday 5th February 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, the Legal Aid Agency is of course independent of Government for very proper and good reasons. The application of LASPO—the legal aid Act—is the subject of internal review at present following an announcement by the then Lord Chancellor in October last year.

[The Lord Bishop of St Albans]

My Lords, research by the Children’s Society shows that unaccompanied and separated children are particularly vulnerable. Only 12 grants for exceptional case funding were made in 2015-16, fewer than 1% of the expected number of cases under the previous system. Hundreds of children are being left without a legal safety net. Can the Minister confirm that the situation of these children will be specifically considered within the review of the Legal Aid, Sentencing and Punishment of Offenders Act?

[Lord Keen of Elie]

My Lords, current figures show that 103 children were put into detention in immigration-related matters in 2016, of which 42 were under 12. Some of those may have been unaccompanied but, under the policy of the 2014 Act, unaccompanied children should not actually go into immigration removal centres; they should be held pending removal decisions. With regard to exceptional case funding, the figures for the first two quarters of 2017 indicate that the success rate for immigration-related applications was 73%. Some 652 applications were made during that period.

Devolution

Lord Bishop of St Albans Excerpts

Thursday 2nd July 2015 Lords Chamber

[Lord Dunlop]

I acknowledge the noble Lord’s great expertise in this area. The Government are addressing the various strands of our constitution in Wales, Northern Ireland, Scotland and England. Our priority is to deliver those commitments rather than spending time on a constitutional convention. Of course, if others want to set up their own convention they are welcome to do so. I read with interest the debate last week on the constitution. It is clear that constitutional conventions mean all things to all people. As my noble friend Lord Bridges said in this House last week, getting agreement on a convention would itself need a convention.

[The Lord Bishop of St Albans]

My Lords, the Minister would have picked up concern on every side of the House on this particular issues and I, along with a number of Members on this Bench, share that concern. In principle we would like to explore the possibility of a constitutional convention. The pastoral letter that the bishops issued earlier this year stated:

“The impatience of politicians or the desire for party advantage must not be the driver for constitutional change”.

If we are not going to have a constitutional convention, how do Her Majesty’s Government intend to involve as many as possible of those people who are passionate to be involved in this so that together we can think carefully about the vital question of the future governance of the UK?

[Lord Dunlop]

I am sure that noble Lords in this House and others outside it will come forward with proposals. The Government will engage with those proposals and will be happy to discuss them.