Asylum System

Lord Lexden Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

Clearly, France is geographically very close to us. We are in constant dialogue with France. We do not seek to replicate Dublin, of course, but in our reaching out to the EU with legal texts to see what happens after the transition period, we remain hopeful that those discussions will be fruitful.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, all supplementary questions have been asked.

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

Lord Lexden Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

Amendments 10 and 11 not moved.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

We come now to the group beginning with Amendment 12. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment, or any other in this group, to a Division should make that clear in debate.

Amendment 12

Moved by

--- Later in debate ---

[Baroness Hamwee (LD) [V]]

My Lords, in moving Amendment 12, I shall speak also to Amendments 18, 19 and 83.

There is nothing subversive in Amendment 12—there is no cunning plan. All the amendments in this group are intended to ensure consistency with the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020. It does what it says on the tin. In the light of Clause 4, which spells out the power to make regulations which “among other things” may modify primary legislation, these amendments seem to us to be necessary.

I was about to refer to the British in Europe group as a campaign group, but it is far more than that: it represents its stakeholders and argues very powerfully for the interests of British citizens in Europe. As the group puts it, the withdrawal agreement is the vital underpinning of rights created in UK law for UK citizens living in the EU and for EU citizens living here. In various debates over the past few months, noble Lords have tended to focus on the latter, because living here means being subject to UK law. But British citizens in the EU are British and must not be prejudiced by anything that is not in accordance with an international treaty.

I say that without having heard much news since this morning because of being, as it were, in the Chamber, but the news this morning was very much about not following through—not complying with—an international treaty. After all, we should all be entitled to rely on an international treaty.

Immigration law is so complex that to allow an inconsistency to slip through unintentionally is a real danger. Amendment 12, therefore, provides in terms that the power to make regulations does not include a power to make a provision inconsistent with the withdrawal agreement.

Amendments 18 and 19 aim to bring the clause into line with the two pieces of legislation that I have mentioned. Section 7(2) of the European Union (Withdrawal Agreement) Act 2020 provides that, if the Minister considers it appropriate, regulations under subsection (1) may be made so as to apply both to persons to whom the provision in question applies and—this is the relevant point—to persons to whom the provision does not apply but who may be granted leave to enter or remain in the UK by virtue of residence scheme immigration rules and who do not have such leave. Amendment 18 would replicate that.

Amendment 83 deals with Clause 5, and it may be appropriate to come back to it when we debate Clause 5. However, again, its purpose is to ensure that the power created by the clause can be used only in ways which are consistent with our country’s obligations under the withdrawal agreement. “Retained direct EU legislation” is the full gamut of EU legislation on social security co-ordination, and under the withdrawal agreement the UK is committed to applying this legislation to all those who come within the scope of Part 2. Among other things, the legislation covers the aggregation of social security contributions made in different countries, mutual healthcare arrangements, the payment of pensions and pension increases for pensioners living in different countries, and the regulation of other cross-border benefits.

In practical terms, the most important aspect for British citizens covered by the withdrawal agreement is the continued right for them to receive their pension and pension increases. Many noble Lords will recall debates regarding pensions and pension increases for people who have moved away from the UK, outside the EU, and whose pensions have been frozen. Other aspects are the continued right of pensioners to healthcare under the S1 scheme, which enables a pensioner residing in a country not responsible for their pension to receive healthcare in the country of residence at the expense of the country paying the pension contributions. This is a mutual arrangement that also applies to EU pensioners living in the UK. One aspect of this is the continuation of the scheme whereby those who have worked in the UK and one or more EU countries have their contributions aggregated, so that they do not fall foul of the national rules on minimum contribution periods.

One of the very big concerns of people who lose the right of free movement is the impact on their retention of rights and ability to move in the course of work as their careers develop and their jobs take them to different countries. Without this scheme, many people who have contributed for a full working life but have moved several times would end up without a pension at all. Again, we are faced with the possibility of a Government modifying—or worse, perhaps—these provisions by regulation alone.

All the points that have been made this afternoon and this evening about what could happen are relevant here. Social security legislation probably rivals immigration legislation in its complexity, so the point that was made earlier about unwitting breaches of the withdrawal agreement would apply as well. I assume that we will have similar answers to this amendment, but, although the points may be similar and parallel, they are no less important or worthy of being pressed and explored, as I am seeking to do with Amendment 83. However, at the moment, I will formally move Amendment 12.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I call the noble Lord, Lord Flight. Lord Flight? As he is not present, I call the noble Baroness, Lady Altmann.

Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020

Lord Lexden Excerpts

Wednesday 2nd September 2020 Grand Committee

Motion agreed.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, that completes the business before the Grand Committee today. I remind Members to wipe their desks and chairs before leaving the room.

Committee adjourned at 7.11 pm.

Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020

Lord Lexden Excerpts

Wednesday 2nd September 2020 Grand Committee

Motion agreed.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I remind Members to wipe their desks and chairs before leaving the Room. The Committee stands adjourned until 6.15 pm.

Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

Lord Lexden Excerpts

Wednesday 2nd September 2020 Grand Committee

[Lord Naseby (Con)]

My Lords, I have read the papers in front of us this afternoon and should like to highlight a couple of things. I note from paragraph 7.2 that there has been a

“rapid escalation of organised crime”

in recent years of fly-tipping and so on. It seems to me, as one who has been using the tidy tip in Biggleswade in Bedfordshire by appointment, that there is no provision for small businesses or small builders to get rid of their bits and pieces of rubbish. Although it is not absolutely covered by the order, I wonder whether it is not time to look at the fly-tipping challenge that we are facing in this country.

My other point concerns paragraph 7.3 and the Department of Health and Social Care. Am I right in thinking that that is to do with the purchasing done by the department? If not, what else does it cover?

Moving on, I note that 10 departments are now involved. One asks who is co-ordinating those 10 to ensure that they are consistent in their approach to what they think is fraud.

I declare an interest as a trustee of the parliamentary pension fund. We all know that small businesses have, quite rightly, been brought into the national pension scheme since 2012. Why, at this point, eight years on, is it felt for the first time that the Pensions Regulator should be given powers? Previously, it was not given powers, because they were not up to scratch. Any of us who are involved in that world know that it is hugely complicated at the moment; it is not easy, particularly for the millions of small businesses, to keep up to date with the changes that are being made. I am sure that mistakes are made, but I do not think that, at this point in time, this particular edition of the Pensions Regulator is proportionate to the problems in that area.

Moving on to the second order, those of us who have worked with or alongside the United States will be well aware that there are six states, Delaware being the leading one, that do not co-operate with the US Government very much at all in declaring who has moved money in and out of a state. We have had instances in the past on the Public Accounts Committee where it was clear that that particular state—and five others, I think—just does not co-operate. This all sounds fine here, but what will happen in relation to those states that do not co-operate with the US Government as a whole?

Secondly, what is the position of our overseas territories? I declare an interest: I have family in the Cayman Islands. In my judgment and, I think, in that of Her Majesty’s Government, those islands have been highly co-operative in trying to find a modus vivendi in the illegal movement of funds. Other parts of the overseas territories have not been quite so co-operative. It is not clear to me whether this agreement with the US is limited to just the UK and, as far as the States is concerned, probably does not touch those six states—I have mentioned only the leading one. I am not sure whether this measure covers the overseas territories. I do not think that it does, but I would be grateful for elucidation on that point.

Are we in a position to say okay, we have got the States, but there are other countries that we believe we should have a similar agreement with? If that is private and confidential, I do not expect it to be indicated this evening, but it would be helpful for the Committee to know the key parties—that is, countries—that we would like to have agreements with.

Paragraph 7.5 of the Explanatory Memorandum says that

“the Parties shall engage in a review of each Party’s compliance with the terms of this Agreement”.

One wonders how often. I happened to notice that tomorrow we will deal with a separate SI in which reviews will occur every three years. In other places, it is eight years. There does not seem to be too much consistency in government.

Paragraph 7.6 states:

“The IPA is included in this list, but the COPO Act is not, because it did not exist when the IPA was drafted. Consequently, the IPC is currently unable to keep under review any Agreement-related activity exercisable by virtue of the COPO Act, such as the use of OPOs.”


Is this not a loophole? Since we are doing this now—this measure must have been prepared some time ago—what are we doing to close that loophole?

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I call the noble and learned Lord, Lord Morris of Aberavon, Lord Morris? I think we have to move on, so I call the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Investigatory Powers Act was a landmark piece of repressive legislation passed by this Parliament, granting unprecedented powers to gather information on the public at large. It is so bad that even the Chinese Communist Party has pointed to the UK’s law to justify its own intrusive surveillance of the Chinese people. Many of us who are concerned about state surveillance and government overreach raised the alarm at the time, but Parliament continued regardless.

However, I am happy to see that the Investigatory Powers Act that exists today is a very different beast from the one passed by Parliament only four years ago. The European Court of Justice did not take long to rule that some of the worst parts of the Act, including the Orwellian hoovering up of information about everyone’s internet usage, was plain illegal. A second court case saw the High Court rule, again, that parts of the Act were unlawful and must be replaced. That forced the Government into retreat, with powers now being deployed only against serious crime.

At a time when the Government are seeking to curtail judicial review, we should remember that the courts have acted as a beacon of our freedoms and liberties when Parliament has failed properly to scrutinise the Investigatory Powers Act. That is one example of so many reasons why we must fight against the Government’s attack on the constitutional role of the judiciary to hold the executive power to account. This is an important context which I am happy to have the opportunity to set out, with an unusually long speaking time by recent standards. This context colours the two regulations before your Lordship’s Grand Committee today.

These two regulations are relatively benign precisely because campaigners beat the Government in the court 2-0. The regulations are restricted in their scope and power, applying only to serious crime and with judicial safeguards in place. They are a world apart from the draconian, dystopian legislation dreamed up by the then Home Secretary Theresa May.

I have a specific query for the Minister, and the noble Lord, Lord Naseby, has referred to some of this. The functions of the investigatory powers order implements part of the agreement between the UK and the USA on access to electronic data for the purpose of countering serious crime. Article 12 of that agreement requires a review within 12 months of the agreement coming into force of

“each Party’s compliance with the terms”

of the agreement, and

“a review of … handling of data acquired”

under the agreement. Can the Minister say whether that review has taken place? Am I to understand from her opening remarks that it has not happened yet? When will it take place, and will your Lordships’ House have a copy of that review so that we can see it and discuss it? In particular, I seek assurances that President Trump is not using powers in this agreement against his political enemies in the USA, who seem to be growing in number. He is ruling over what looks like a totalitarian state apparatus purely for his own personal interests, and I very much hope that our Government do not go the same way.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I call again the noble and learned Lord, Lord Morris of Aberavon, and ask him to unmute so that we will be able to hear him. There is still no response, so I call the noble Lord, Lord Foulkes of Cumnock.

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

Lord Lexden Excerpts

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

[The Deputy Speaker (Lord Lexden) (Con)]

I call the next speaker, the noble Baroness, Lady Coussins. She is not responding. I call the noble Baroness, Lady Sherlock.

Metropolitan Police: Racism

Lord Lexden Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness Williams of Trafford]

I can vouch for the fact that the Home Secretary speaks to the police every day because I am on some of those calls. As I said, she is chairing the national policing board today and one item that will be discussed is diversity.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has now elapsed.

Immigration: Detainee Support

Lord Lexden Excerpts

Tuesday 7th July 2020 Lords Chamber

[Baroness Williams of Trafford]

People are released from detention for a number of reasons, including appeals that succeed because late information is provided. However, the noble Lord makes a valid point that we should look back on this period of the pandemic to see whether some of the things that we are doing now could be used in future to manage people in the community.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has elapsed.

Independent Inquiry into Child Sexual Abuse

Lord Lexden Excerpts

Monday 22nd June 2020 Lords Chamber

[Baroness Williams of Trafford]

I cannot answer on behalf of my noble friend Lord Agnew but I will certainly get him to respond to the noble Baroness.

[Lord Lexden (Con)]

When the Government come to make their promised response to the inquiry’s report on Westminster, published in February, will they ask why it failed to interview Mr Tom Watson about his appalling slurs on innocent people? Will they also ask why the section in that report on Westminster, which dealt with allegations about a paedophile ring said to have been based in Dolphin Square in the mid-1990s—allegations in which I happened to be implicated—failed to mention that the allegations were shown to be a pack of lies and the magazine in which they appeared was closed down? How can we trust fully an inquiry that fails to show proper balance in carrying out its responsibilities?

[Baroness Williams of Trafford]

My noble friend is absolutely right that the Westminster strand did not find evidence of a paedophile ring, but it did find deference by the police, prosecutors and political parties towards public figures. It found differences in treatment accorded to well-connected people, as opposed to those without networks and influence, and a failure by almost every institution to put the needs of children first. They are shocking findings; they should give us all pause for thought.

Operation Midland

Lord Lexden Excerpts

Wednesday 18th March 2020 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what assessment they have made of the report by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, published on 13 March, which concluded that the Metropolitan Police Service has made slow progress in learning the lessons that arose from Operation Midland.

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

My Lords, the HMICFRS report commissioned by the Home Secretary is an important step in ensuring that lessons are being learned from the failures of Operation Midland. She recognises the critical importance of public confidence on this. Both HMICFRS and the IOPC recognise that the Metropolitan Police Service has responded positively since the publication of the Operation Kentia report in October 2019. The Home Secretary will continue to seek assurance from the Metropolitan Police Service that it is acting on the inspectorate’s findings.

[Lord Lexden (Con)]

My Lords, first, I pay tribute to the Home Secretary for ordering this very important review. But how can it have been that two Metropolitan Police Commissioners were asleep on their watch, largely unconcerned, it seems, by the misdeeds and malpractices of officers during Operation Midland and, presumably, content that lessons that ought to have been learned swiftly were ignored for so long? Can my noble friend give the House three or four specific examples of the lessons that have now been apparently and belatedly learned? Finally, I return to one aspect of these police scandals that concerns me particularly as a political historian. Will the Government now stop blocking an independent inquiry into Operation Conifer, which left an unwarranted slur on the historical reputation of Sir Edward Heath? I put it to the Government that they have not given the House reasons for vetoing the inquiry but the opinions of a number of recent Home Secretaries, none of whom is a lawyer.

[Baroness Williams of Trafford]

My Lords, there is quite a lot in my noble friend’s follow-up question. I join him in paying tribute to my right honourable friend the Home Secretary, who took very swift action in dealing with this. It is regrettable that there was no plan in place to deliver sustained improvements after Sir Richard’s review. Both HMICFRS and the IOPC have now found that the MPS has delivered significant improvements but, with respect to keeping track of those improvements, the Home Secretary will continue to seek assurances from the MPS that those improvements are being embedded across the force. On whether we will launch an inquiry into Operation Conifer, Operation Conifer and Operation Midland were quite different investigations. Operation Conifer has been subject to significant scrutiny. As Wiltshire Police has made clear, Operation Conifer did not pursue further inquiries into Carl Beech’s allegations after deciding that there was undermining evidence.