Protection from Sex-based Harassment in Public Bill

Lord Ponsonby of Shulbrede Excerpts

3rd reading
Monday 18th September 2023 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I assure noble Lords that the shortness of my remarks now does not reflect the importance of the Bill: this is an important, focused Bill and a valuable contribution to the fight against this blight on our society. The genesis of the Bill was a consultation announced to this House by my noble friend the Chief Whip in her previous incarnation. My right honourable friend Greg Clark MP discussed the Bill with me before he introduced it into and steered it through the other place. I am grateful to him and to my noble friend the Minister and his department, both in the other place and here. This Bill has had absolute cross-party support, and therefore I am also grateful to the Opposition Front Bench and other Front Benches. I have received support from all parts of the House and I thank the Clerk of the Parliaments and his staff.

I have benefited, as I am sure other noble Lords have, from reading material sent to me by a number of campaigning groups in this area, but what really brought home the importance of the Bill to me was an email I got out of the blue over the summer from someone I will just call Lauren. When I spoke to her, at some length, she explained to me the appalling behaviour to which she had been repeatedly subjected in a park in the part of the country in which she lives. I hope that the Bill will help her and others in her position.

It will not have escaped noble Lords that although this Bill, with the title it has, applies to men and women, women are overwhelmingly the subjects of this appalling behaviour. This Bill has been taken through both Houses by men. There is nothing wrong with that. I suggest that it is absolutely right, because violence against women and girls is not a matter only for women and girls, but for all of us.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I wholeheartedly endorse the way in which the noble Lord, Lord Wolfson, has summarised the Bill which he has piloted through this House and congratulate him on it. He was right to remind us that its genesis was with the noble Baroness, Lady Williams, in her previous incarnation and in an earlier Bill. Nevertheless, there has been cross-party support for it, which I am happy to reiterate.

It is worth reminding ourselves that 71% of women of all ages in the UK have experienced some form of sexual harassment in public. That rises to 86% of all 18 to 24 year-old young women. I have one question which I hope the Minister can comment on when summing up the Government’s position. How will the impact of this Bill be monitored going forward? It is a very specific and quite controversial Bill, even though it has had cross-party support; the Government should see the monitoring of its impact as a proper part of its enactment, so that we can measure its benefit.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, this Bill reminds us of the very real damage caused by public sexual harassment, a terrible crime that is far too widespread. The Bill’s cross-Chamber and cross-party support has been a real indication of our shared determination to make our streets safer for everyone.

I put on record my congratulations to all those involved in the passage of this Bill. First, it is fitting that we pay tribute to its sponsors: Greg Clark MP in the other place for bringing the Bill forward and so ably championing the experience of his constituents on the issue and my noble friend Lord Wolfson of Tredegar in this Chamber for picking up the baton to see it through to Royal Assent. I also recognise my ministerial colleagues—in particular my noble friend Lord Evans for his work in responding to the Bill on behalf of the Government—and the officials who supported them in doing so. My thanks also go to all other Members of both Houses who have provided careful scrutiny of the Bill and spoken so thoughtfully and respectfully on this sensitive topic. In doing so, they have not only worked together to make it stronger but played a key part in helping to raise awareness of public sexual harassment.

As with any new criminal justice legislation, an implementation period will be necessary to ensure that all processes, systems and guidance are updated. That includes drawing up the necessary statutory guidance. We therefore cannot give a timescale now for when we expect the offence to be implemented, but we will ensure that the legislation comes into force as quickly as reasonably possible. I think that goes some way to answering the question of the noble Lord, Lord Ponsonby, on how it will be monitored. The guidance needs to be carefully drawn up first, and then I am sure we will return to the subject.

I end on the most important thank you of them all: to those who relentlessly campaigned for this change. The Bill is a testament to the hard work and passion of the organisations and many individuals who bravely shared their experiences. I join my noble friend Lord Wolfson in saying to them that their efforts have made a real difference in the pursuit of making our streets safer for women and girls.

Climate Change: Migration

Lord Ponsonby of Shulbrede Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the noble and right reverend Lord, Lord Harries, for his excellent and comprehensive introduction to the debate. The problems that have been outlined are of such an overwhelming scale that it is difficult to comprehend effective action. We have heard what action has been taken by the British Government, and the noble Lord, Lord Purvis, spoke specifically and eloquently about cuts in government budgets. Nevertheless, the overwhelming scale of the problems we have heard about is very difficult to comprehend.

It is my understanding, having read the Library’s report and other reports, that a clear and direct link has not been established between climate change and migration, yet the UNHCR estimates the number of people who are forcibly displaced by severe weather-related hazards each year. The noble and right reverend Lord, Lord Harries, cited the figure of 32 million people displaced last year, which is a UNHCR figure. There is a consensus among international climate authorities that climate change is increasing the frequency and intensity of such weather events. However, there is not a consensus on what the future flows of migration due to climate change will look like—although various figures on that were cited in today’s debate. The World Bank figure cited by a number of noble Lords was that as many as 200 million people could move within their own countries due to slow onset climate change by 2050.

Many international conferences and meetings have focused on migration and climate, all of which have emphasised the need for international co-operation that recognises obligations under international law—that is the only way to address these massive problems. The noble Lord, Lord Purvis, and others have said that this is perhaps the greatest and most challenging issue of our time. There is a real passion among many people to try to address the problems.

The right reverend Prelate the Bishop of Gloucester mentioned air conditioning, which reminded me of an experience I had some 30 years ago at an oil and gas development conference where we were addressed by the Turkish Oil Minister. He said that that was the first year that Turkish people were spending more money on air conditioning than on heating their homes. It was a turning point in Turkey, but I suspect that many other countries have had that flipping in the use of their energy and an overall massive increase in their energy over the last few decades. Who are we to say that they should not turn on the air conditioning units? Nevertheless, we need to find better ways of people being able to live in the climate as it changes.

The noble and right reverend Lord, Lord Harries, mentioned wildfires in the States. I have just returned from Seattle and Portland in the northern States, and I was also in Canada. In Seattle and Portland, I could smell the smoke from Canada, and they gave routine predictions on the smoke every day. There were also a number of evacuations in Canada while I was there.

Canada is a very wealthy country, and this was handled. Thousands of people were evacuated from their homes, but it was almost routine—these things are happening every year. While there is nothing new in wildfires, the scale and consistency of them is a cause for concern. Nevertheless, I make the point that in a mature, wealthy country such as Canada, they were able to handle these wildfire situations and were of course trying to mitigate against them as far as possible. I was there nearly a month, and while I was there, there were no reports of any deaths as a result of the wildfires in Canada.

To return to the politics a bit more, as the noble Lord, Lord Purvis, said, we have debated migration issues in this Chamber at length, and a number of speeches on previous legislation have talked about the impact of climate change on migration, and we have heard about the Government’s cuts in this respect. I really want to hear from the Minister today something about the Government’s aspiration for taking a leading role in the world, for people to look to Britain to try to address the profound issues which we are facing. We on this side always say we can do this only with a proper international, ongoing source of co-operation. Just pulling up the drawbridge is not going to be the solution to these problems. Can the Minister give us some hope that the current Government aspire to international co-operation to try to deal with these profound issues?

Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Monday 24th July 2023 Grand Committee

[Lord German (LD)]

My Lords, I start by saying that the rationale for this SI seems sensible. Standard and enhanced DBS certificates should never have a lesser capture of information than that provided by basic checks. However, as is always the case with complex organisational things of this nature, the devil lies in the detail; in other words, does all this match up together appropriately? I want to ask a few questions about the connection between the new disclosure provision for standard and enhanced DBS certificates and the provision for filtering—that is, where things are filtered or not filtered accordingly.

As I understand it, police national computer records relating to protected cautions and convictions will not automatically appear on a certificate. If that is the case, is it the case across all three if they are protected? Are there any unspent offences or cautions that will now become declarable and where filtration will or will not apply, as it could be one way or the other? Will the unspent caution change apply equally to both simple and conditional cautions, which are two different styles of caution?

I want to ask the Minister a question about the two-tier caution system, which is obliquely associated with this SI. This regime was investigated in a pilot, which resulted in 2018 with three police forces undertaking the activity. I wonder whether, now that they have got to the end of that and we have passed through Covid, any further consideration has been given to a different regime here, such as the one described in the 2018 report.

Finally, on the consultation on this SI, there are bodies and agencies such as Unlock, which supports prospective employees who have convictions. Can the Minister say that their awareness of what is happening and why has met with their consent or approval? Has it been met with any concerns from bodies such as them about the way in which this order is before us today? I have only those questions.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this appears to be a sensible SI. No concerns were raised by the SLSC, nor was the instrument reported by the JCSI. It will align the separate rules which determine what criminal record information is automatically disclosed on a basic DBS check, on the one hand, and what is disclosed on the higher-level standard and enhanced DBS checks, on the other, so that higher-level checks will never disclose less criminal information than is disclosed on a basic DBS check. The Explanatory Memorandum states:

“The Home Office is working with DBS to ensure that this change and the timing for this to come into effect, is widely understood by those it may affect”.


The example that the Minister gave of the 17 year-old working in a supermarket and then also applying to work with children was a very good one, and one which I have actually seen myself in youth courts. I had not realised that there was this anomaly, and I am glad that this SI is rectifying it.

This morning, I sent the Minister a particular conundrum I had, which is actually outside the strict remit of this statutory instrument. I will just run through that scenario, and I hope the Minister will be able to answer the question it raised with me. I was recently sitting as a magistrate to hear domestic violence protection order applications. Of course, these are civil orders. The applicant was a young mother, who was represented by a lawyer who happened also to be a part-time judge. The respondent, the former boyfriend, was unrepresented. The applicant’s lawyer suggested that the best way to deal with this matter was to not find any facts and just put an order in place for a relatively short time, and everyone could continue living their lives separately and the matter could be disposed of in that way quite quickly. I explained to the respondent that, if he were to breach that order, it would be a criminal offence and he needed to be aware of that. The respondent said to me that he was employed as a primary school teacher, and he was in a much more serious situation than seemed to be realised by the court. He would have to tell his headteacher if the DVPO had been put in place. So I put it off for a contested hearing and advised the young man to get a lawyer.

Subsequently, I talked about this case with a legal adviser, and she said that, as a solicitor, she would not have to disclose whether she had any equivalent civil order put in place. She would not have to tell the Solicitors Regulation Authority, so she doubted whether this primary school teacher would have to do so in his case. I did not know the answer to that question. I suspect there may well be more stringent regulations for teachers, particularly primary school teachers, and there is of course the wider question of all these—really quite a lot of—civil orders which magistrates now put in place, for the reasons we have often debated, and whether there are any guidelines for the various professional organisations about what the requirements for disclosure are and whether that is a ramification which may be taken into account within the whole DBS system.

Also this morning, I went on to the website of the charity Unlock, which deals with people who have left prison and who have had community sentences and that sort of thing. It has a number of worked examples about when things are declarable and when they are not, and at what stage of the job application process matters are declarable. It is an extremely complex picture. It is something which people often fall foul of, and the rules are not clear at all. Can the Minister say anything in a wider sense about how these checking procedures are being reviewed and simplified, from the point of view both of employers and of those people who do have criminal records, so that a system which is better understood can be operational, which would be to the benefit of both sides?

[Lord Sharpe of Epsom (Con)]

I thank both noble Lords for their contributions to this debate. I am glad that they both agree that this instrument is necessary to align the two sets of rules that determine disclosure of criminal records on basic certificates, on the one hand, and the standard and enhanced certificates on the other. This will ensure that on all occasions the levels of disclosure on criminal record certificates align with the levels of risk and vulnerability inherent in particular roles.

Perhaps if I go into a bit more detail, it will answer all or most of the noble Lord’s questions. I shall come back to the noble Lord, Lord Ponsonby, on his specific example towards the end. It is worth pointing out that the circumstances in which this might occur are very limited, which suggests that the practical impact is likely to be fairly low. The nature of the offences involved also reduces the impact of this anomaly. The DBS has had regular contact with employers regarding criminal record checks across a range of sectors, and we are not aware of any evidence that this lack of alignment between the two sets of rules has had any significant real-world impact. It is worth stating that. Although we believe this impact to be low in practice, it makes sense to rectify the situation.

To go into more of the sort of detail that the noble Lord, Lord German, asked for about the types of convictions or cautions that are currently not disclosed on standard and enhanced certificates, we believe that the practical impact of this lack of alignment is low. However, as mentioned earlier, with youth conditional cautions, which are only unspent and disclosed on a basic DBS check from three months of issue, it will apply only to those youth conditional cautions because they are immediately spent—so youth cautions will not be automatically disclosed. I hope that that answers that point.

Some of the other things that would be disclosed include earlier convictions in a string of repeat convictions. In that circumstance, there is likely to be a clear standard or enhanced DBS certificate. Then there are relevant orders, which include restraining orders and care orders—that sort of thing—if they relate to convictions that are old or less serious and if they have unlimited, indefinite or “until further order” end dates. As I said, we believe that the impact of this will be relatively low, but I hope that that gives an example of the sort of thing that we are dealing with here.

The noble Lord, Lord German, asked what cautions are not disclosed on standard and enhanced certificates for the relevant matter, and asked whether this was not a safeguarding risk. We believe, as I have said a number of times, that the impact is likely to be low, given the limited circumstances in which it can occur, and the nature of the offences involved. I have gone through them to some extent: I have talked about the youth conditional cautions, the early convictions and relative orders, so I think that that generally answers the relevant question that the noble Lord asked me.

To go back to the specific question from the noble Lord, Lord Ponsonby, on the case that came before him as a magistrate, this is not a complete answer—we will have to do some consultations with the Department for Education as well—so I hope that he will be content to leave that with me, and I shall return when I have concluded those discussions. From the perspective of the disclosure and barring regime, the domestic violence prevention order, if not handed down as part of a conviction, does not need to be disclosed by an individual to an employer, nor will it be automatically disclosed on any kind of DBS check. It is possible that a civil order such as this might be included as additional information on an enhanced check, but only if the police consider it to be relevant and proportionate to disclose. Teachers are subject to regular DBS enhanced checks, with children’s barred list checks. If there is a conviction, either due to a breach of the order or its attachment to a conviction, it would be disclosed on an enhanced DBS check. If asked by his employer, the teacher would be obliged to tell them of the conviction and the order.

I take the point made by the noble Lord, Lord Ponsonby, that this is somewhat complicated—he makes a very good point about that. The Disclosure and Barring Service ensures that applicants and employers have guidance to explain the changes and the impact that they may have in any particular circumstances. It goes to both noble Lords’ questions as well as to the external bodies that have been consulted. We have certainly engaged with Unlock; whether it approves of this measure, I really could not say, but I would imagine so because it brings clarity to this situation. But we have certainly engaged with it and other interested stakeholders on a regular basis.

I should also say that existing guidance makes it clear that, where an employer is aware of a conviction, it should not be an automatic bar to employment. We urge employers to exercise a balanced judgment and take into account factors such as the person’s age at the time of the offence, how long ago the offence took place, the nature of the offence and its relevance to the individual’s role. All of those deserve to be restated. I will take the suggestions of the noble Lord, Lord Ponsonby, about simplifying the guidance, or the regime that delivers the guidance, and making it a little easier for people to understand.

With that, I think I have answered the questions. I thank both noble Lords for their contributions and once again commend this draft instrument to the Committee.

Immigration and Nationality (Fees) (Amendment) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Monday 24th July 2023 Grand Committee

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, following the passage of the Nationality and Borders Act 2022 and related changes to the Immigration Rules in March this year, this order is the next stage of a lengthy process to implement the Government’s planned ETA system. Ministers have set themselves a target to begin issuing ETAs to people from Qatar and other Gulf states this autumn and for the scheme to be fully operational by the end of next year.

With respect to the new ETA system, the scope of the order is limited to fees to be charged and requirements for applicants to submit biometric information. A number of the most important issues, about how the scheme will work and what impact it will have, are left for another day. The new ETA system is a major undertaking, and its effects will be wide-ranging.

Significant numbers of UK-bound travellers who do not need a visa will be required to obtain formal clearance to enter the UK for the first time. Whether or not the system will function as it should will depend to a substantial degree on the effectiveness of new technologies that are still in development. In this case, the ETA system will require applications to be made and, eventually, biometric information to be submitted, online or via a new app which is yet to see the light of day. The Government say that even the decision-making process may be automated. That will take highly sophisticated technologies, and robust testing will be essential before the new system comes online. Will the Minister therefore provide an update on what progress has been made in the development of those technologies to date, and tell us whether he believes that the Home Office is currently on track to meet the deadlines it has set for the rollout of those changes?

There is a series of questions about the potential impacts of the order, especially on the tourism sector and the wider economy, including how travel across the border with Ireland might be affected. I have yet to be convinced that Ministers are taking adequate steps to address the concerns raised by stakeholders and to mitigate the unintended consequences. With regard to tourism, the impact assessment published alongside the order recognised that it is reasonable to expect a fall in tourist numbers once the ETA has been implemented, and that revenues can be expected to decrease as a result.

Concerns about the implications for cross-border travel between Northern Ireland and the Republic are especially acute in this sector. However, the impact assessment fails to capture the different effects that the ETA may have across the UK’s different nations and regions. That is a significant oversight. Members of the Northern Ireland tourist board have expressed extreme concern about this issue. They feel that their marketing strategy is very much based on an all-Ireland approach and that the ETA might risk this. Will the Minister therefore set out what steps the Home Office plans to take to mitigate any adverse effects on the tourist trade that these changes may have across the UK, including but not limited to the effects on Northern Ireland?

Given that we are dealing with an order that addresses fees, can the Minister tell us what consideration the Government have given to the potential merits of ring-fencing some of the income generated from applicants’ fees as a means of providing financial support to any business that may find itself struggling with the transition?

Alongside the measures pertaining to ETAs, this order makes changes to the maximum fee level applicable to a range of UK visa routes. For the most part, the proposed increases are relatively modest. The notable exception is for student visas. At present, applicants cannot be charged more than £490, but the order would increase the maximum fee to £600, which equates to a more than 20% increase on the current level, with significant potential implications for international student numbers. As the Secondary Legislation Scrutiny Committee has noted, the scale of the increase is particularly striking when measured against the actual cost to the Home Office of processing those visas, which is less than half of what applicants have to pay. The Government’s impact assessment for the student visa fee increase acknowledges that this potential change is likely to have significant knock-on effects on the number of visas granted to international students and, as a result, on revenue from tuition fees, on which so many of our leading universities remain reliant.

Can the Government go some way to quantifying this? The noble Lord, Lord German, talked about quantifying these impacts and was disappointed by this lack of quantification, but, of course, this funding can be monitored as the system continues to roll out as there will be a number of stages in future. I seek reassurance from the Minister that the impact of the system as it is rolled out will be monitored in a quantitative way as far as possible.

[Lord Murray of Blidworth (Con)]

My Lords, I am very grateful for this constructive short debate. Turning to the various points that have been raised, first, I confirm to my noble friend Lady Lawlor that the Home Office will continually monitor the suitability of a person to hold an ETA and will cancel an ETA once granted if that becomes appropriate. An ETA can be cancelled on a range of grounds, including criminality, exclusion or deportation and on non-conducive grounds. Clearly the whole point of having an ETA of limited duration—two years—is that when a further application is made, further checks are run on the applicant. The electronic travel authorisation scheme is designed in such a way that the security of our borders is paramount.

On the process point made by the noble Lord, Lord German, as the SI Minister for the Home Office, I am very familiar with the work of the Secondary Legislation Scrutiny Committee and the content of its report. I reassure him that, as I said in my Written Ministerial Statement on 6 June, our intention is to charge a fee of £10, and this order allows for £15 as a potential maximum. As this order establishes only the chargeable function and the maximum chargeable fee, not the actual intended fee, the Explanatory Memorandum for this SI focused on the chargeable function and maximum rather than the intended fee, which will, as I said in my earlier remarks, be set out later this year in the immigration and nationality fees regulations.

The Secondary Legislation Scrutiny Committee raised concerns with the Home Office that the Explanatory Memorandum did not, as the noble Lord said, provide enough information about the bigger picture of the ETA policy and should have included the intended level of fees and the rationale for them. I have explained the logic behind the way we have set out the Explanatory Memorandum for this instrument, but of course I will bear in mind what the Secondary Legislation Scrutiny Committee said when I prepare and review the Explanatory Memorandum for the fees regulations that will be introduced later this year, and of course I will reflect more generally on the point in relation to fees legislation in future. I thank the noble Lord for raising the point.

Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

Consideration of Commons amendments
Monday 17th July 2023 Lords Chamber

[Lord German (LD)]

My Lords, we on these Benches support all three amendments, Amendments B1, D1 and E1. The amendment of the noble Lord, Lord Kerr, on admissibility is very sensible, because it is in line with the Government’s expectations of the Bill. It is not a wrecking amendment. The Government say that the deterrent impact of the Bill will be sufficient to ensure that everyone being removed will be processed within six months—in fact, the Minister already said this evening that it will be days or weeks, not months. The amendment of the noble Lord, Lord Kerr, does not alter any of the intended deterrents, and any time spent on an appeal pauses the six months. So this amendment protects the indefinite commitment of taxpayers’ money to support people kept in limbo, and it must be the expectation that in their rejection of it, the Government expect people to be detained for six months or more—otherwise they would not be objecting to it.

The amendment of the noble and learned Baroness, Lady Butler-Sloss, is very worthy of support. This Government have taken a regressive step without justification and without evidence of it causing a pull factor—even from recent history since the current limits were introduced in 2014. Children should be treated as children first, not by their immigration status. We know enough about detention of children to know that it is not in the child’s best interest, whether they are on their own or with their family. That is why we also support the amendment from the right reverend Prelate the Bishop of Bristol on accompanied children. If we ought to have them, we need proper time limits in the Bill, not permission to make a bail application. This part of the Bill will be a stain on our reputation, and it is not the will of the British people—although people will say it is—to lock up children. We can control immigration without inflicting suffering on children.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble and learned Lord, Lord Etherton, has asked me to give a short commentary. He did not put an amendment down, but he wanted me to say, first, that the Government have never denied that the specified countries in the Bill are unsafe for LGBT people, and that includes Rwanda. He also asked me to say that it is reasonable that there should be no removals to Rwanda so long as there is litigation in process, and that prohibition on removal in the case of countries facing a proposal of proceedings under Article 7 is right in principle and mirrors the existing provisions regarding return under Section 80A. He wanted me to make those points even though he has chosen not to table a further amendment.

We have heard all the movers of amendments give a full explanation of their amendments. The noble Lord, Lord Kerr, spoke about common humanity—I of course agree with that—and about trying to support people who will potentially be kept in limbo through this Bill. The noble and learned Baroness, Lady Butler-Sloss, gave four examples of why she will be moving her amendment. The one that resonated most with me was her second point about needing to get an emergency protection order for a medical intervention for a child. As a family magistrate, I occasionally do those orders. I find it really quite shocking that, even for relatively routine orders, the Home Office would have to go to court to get a medical intervention. She made other points as well but that is the one that particularly resonated with me.

The right reverend Prelate the Bishop of Bristol introduced her amendment about a time limit of 120 hours, or up to seven days when authorised by a Minister; we will support the right reverend Prelate should she choose to move to a vote.

[Lord Murray of Blidworth (Con)]

My Lords, His Majesty’s Government cannot accept any of the proposed amendments. I shall deal first with the matter raised by the noble Lord, Lord Kerr, in relation to his Motion B1 and his amendment concerning a proposed subsection (3C) where subsection (3) would not apply

“if the reason that the person has not been removed from the United Kingdom can be attributed to the actions of that person”.

I suggest that that phrase would generate a tidal wave of litigation were this amendment to be accepted. It would make the statute wholly uncertain and, I suggest, open a very large loophole in the scheme of the Bill.

I turn to the points raised by the noble and learned Baroness, Lady Butler-Sloss, and the right reverend Prelate the Bishop of Bristol in relation to the provisions concerning the responsibility in respect of children. I can reassure both the noble and learned Baroness and the right reverend Prelate that we are working closely with DfE on the implementation of this Bill, but I am afraid that I cannot accept the other propositions that they advanced.

Finally, in response to the noble Lord, Lord German, it is not our intention to “lock up children”, as he put it, under this Bill. It is our intention to have the power to do so should that be necessary in very rare circumstances. For those reasons, I invite the House to reject these amendments in the event that they are not withdrawn.

Firearms Bill

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I too congratulate the noble Lord, Lord Colgrain, on his precise introduction of this Bill and on clearly setting out the elements of it. I also congratulate his honourable friend Shaun Bailey for piloting it through the House of Commons.

The Opposition welcome this Bill. It is said that the UK has one of the toughest systems in the world for regulating the ownership of firearms. Nevertheless, our laws and regulations need to remain fit for purpose and be updated regularly. The licensing system currently in force dates back more than 50 years. It was established by the Firearms Act 1968. Despite the importance of the 1968 Act, it took the tragedies of mass shootings in Hungerford and Dunblane to prompt further action to tighten our laws in the 1980s and 1990s. Today, the memories of five people—Maxine Davison, Stephen Washington, Kate Shepherd, Lee Martyn and Lee’s three year-old daughter Sophie, who were shot dead in Plymouth in August 2021—cast a shadow over today’s debate on this Bill.

As we have heard from the noble Lord, Lord Colgrain, Clause 1 would make limited changes to the scope of provisions in the Firearms Act on the use of weapons at shooting ranges and galleries. The question is whether these changes go far enough. For instance, the Government’s response to a consultation published last July announced plans to introduce a new requirement for operators of miniature rifle ranges to be issued with a firearms certificate. The response noted that this would require changes to primary legislation but did not give a timescale.

Clause 2 would introduce a new offence of possessing component parts of ammunition with intent to manufacture. This reflects a recognition that the law as it stands has not kept pace with changes in technology over recent years. Again, the changes do not appear to have gone as far as they could have gone. For instance, the offence created by Clause 2 would apply to ownership of four primary components: bullets, cartridge cases, primers and propellants.

My honourable friend Stephen Kinnock asked the Minister, Chris Philp, to state

“whether he is confident that even with those changes, the law would adequately reflect the application of recent technological developments such as 3D printing and other evolving technologies”.

The Minister confirmed that

“3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons”.—[Official Report, Commons, 3/3/23; cols. 1075-76.]

I would be grateful if the Minister can confirm that the provisions of this Bill will be kept under review as the technology of firearms evolves. I note that the new offence envisaged by Clause 2 would require evidence of an intent to use components to manufacture ammunition. What can the Minister tell us about the standard of proof that will apply when determining intent? How might attempts to evade detection be addressed as part of efforts to tackle such offences?

Finally, there are a number of important issues that the Bill does not address. I therefore have a number of questions for the Minister. Do the Government plan to establish a new independent regulator for firearms licensing? Can we have an update on progress towards implementing the Government’s commitment to a national accredited training scheme for firearms inquiry officers? When will the new curriculum be introduced? What changes, if any, do the Government plan to make to the licensing process at national level? Will changes be made to the application fees for firearms certifications, which are currently between £70 and £80, to reflect more accurately the cost of processing the applications, which can exceed £500?

What steps will be taken to address the apparent surge in the number of temporary permits—which, according to recent reports, is a direct consequence of backlogs in the system—to fully ensure that weapons do not get into the wrong hands? How will wider policy challenges, such as the urgent need for more effective action to tackle online radicalisation, be addressed in the weeks ahead? Will the Minister consider changes to the Online Safety Bill to strengthen the law in that area? The fear is that loopholes and weaknesses in our firearms laws will not be addressed until it is too late.

The Minister in the House of Commons stated that

“the Government are waiting for the prevention of future deaths report from the Plymouth coroner … We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye”.

We heard about that earlier. The Minister concluded that

“the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future”.—[Official Report, Commons, 3/3/23; col. 1076.]

Can the Minister update us on that expected timetable?

My noble friend Lord Browne of Ladyton said that he supported the Bill and raised the issue of single-shot 3D weapons. I will add that, from my experience as a magistrate, in both adult and youth courts, when it comes to weapons used in incidents, what is most prevalent is the use of toy weapons, which are very often not easily distinguishable from real weapons, particularly when they are painted black and concealed in some way. I take it that this Bill does not seek to address that in any sense: nevertheless, that is what I actually see when I am sitting in court dealing with firearms-related offences. Does the Minister have any comment on that?

Otherwise, I support the Bill.

Equipment Theft (Prevention) Bill

Lord Ponsonby of Shulbrede Excerpts

3rd reading
Friday 14th July 2023 Lords Chamber

As I said at Parliamentary Questions on Tuesday, I look forward to my noble friend the Minister and the Government bringing in the implementation regulations as soon as possible after the consultation period has ended. I thank the Government and all political parties in both Houses, who have given this Bill their full-hearted support. I look forward to it passing.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble Lord, Lord Blencathra, has given fulsome thanks to all the people involved in the passage of this Bill. He has played a prominent role in it. As he summed up, it is about stopping manufacturers having Mickey Mouse locks on their equipment. I certainly know from my own experience that the newer locks on equipment—whether construction or general rural equipment—are far more sophisticated, as they involve satellite links and all sorts of other technology. This means they are really difficult to break. Nevertheless, eternal vigilance is needed on this front because the people who seek to steal such equipment will be moving their technology forward as well. This Bill is a welcome step in the right direction. I congratulate the noble Lord on seeing it through this House.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am grateful to my noble friend Lord Blencathra for taking this Private Member’s Bill through the House—his efforts were far from inconsequential. I welcome the support the Bill has received in this House and in the other place, and join my noble friend in paying tribute to Greg Smith MP.

The Bill has received cross-party support from the outset, and the Government have wholeheartedly supported it. The Government are determined to make our cities, towns, villages and rural areas safer. As we have heard during debates on this Bill, thefts of agricultural machinery, and in particular all-terrain vehicles, are of great concern. The Government recognise the significant impact these thefts have on our rural communities and businesses, and it is essential we ensure that they are adequately protected. These thefts are preventable: fitting immobilisers and forensic markings as standard is inexpensive and the tools to do so are readily available. The Government expect manufacturers to play their part in protecting items from theft, which is why the Government are taking action by supporting this Bill. The Bill is a great example of government, law enforcement and industry working together to protect hard-working people from theft.

As my noble friend noted, the Bill includes a power for the Secretary of State to extend its provisions to other types of machinery via secondary legislation. During the Commons stages the Minister for Crime, Policing and Fire committed to considering the extension of the provisions to other equipment designed or adapted primarily for use in agricultural or commercial activities and tradespeople’s tools. Minister Philp recognised that the regulations would require careful consideration to ensure that the technical detail is correct. To that end, the Home Office has undertaken a call for evidence, seeking views on these detailed matters. The call for evidence closed yesterday, and the responses will be carefully considered before secondary legislation is laid before both Houses and debated in due course.

I reiterate my thanks to my noble friend Lord Blencathra, and echo his thanks to the National Farmers’ Union and to the National Police Chiefs’ Council lead for construction and agricultural machinery theft, Superintendent Andy Huddleston, for his work in developing the measures in this Bill. I also echo my noble friend’s praise for the police sergeant and detective sergeant he mentioned. I hope to see the Bill receive Royal Assent, as I believe it can have a significant impact on these thefts. The Government are in full support of it.

Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I will speak very briefly to the amendment in lieu, in Motion G1, in the name of the noble and learned Lord, Lord Etherton. Taking what the Government have said at face value on their protections of LGBT people, I ask them to accept the amendment, because it reinforces the principle of the protection of LGBT people and others.

On reflection, I point out that, of the 58 countries that currently criminalise homosexuality—and they are on the increase, as we have seen with Uganda—over 50% are in the Commonwealth. They are countries with which we are more than likely to reach safe third country agreements. Furthermore, 11 countries currently have the death penalty, and there is further agitation for the increase of that across other states. I therefore argue that the amendment is proportionate and necessary.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I congratulate the noble Lord, Lord Carlile, on getting a concession from the Government and understand the point he made with his Motion, which I understand he will not move. I am pleased that it has been accommodated.

The noble Lord, Lord German, explained his amendment extremely well; it provides a backstop for the taxpayer to stop people going into legal limbo, being a burden on the taxpayer indefinitely and getting into the grey area which so many in this situation are in right now. As he said, it is totally in line with the Government’s expectations of the Bill, so if the noble Lord chooses to press his Motion F1 then we will support it.

My noble friend Lord Cashman summed up the support for Motion G1, in the name of the noble and learned Lord, Lord Etherton. If he chooses to move it, we will support him. As my noble friend said, it reinforces the principle of protection for LGBT people. In the words of the noble and learned Lord, Schedule 1 should not provide a veneer of respectability to certain countries that are currently on it, so we would support him.

[Lord Carlile of Berriew (CB)]

My Lords, as I indicated earlier, I ask the Government to consider leaving to Parliament the final decision on any regulations reintroducing retrospectivity. That said, for the reasons I gave earlier, I beg leave to withdraw Motion B1.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been an interesting debate and I thank my noble friend Lord Dubs for the way that he introduced his amendment to Motion E. He has been extremely practical and political, if I may use that word, in the way that he proposes to deal with the suite of amendments in this group. I agree with him that the two Motions in the names of the noble Baroness, Lady Mobarik, and the right reverend Prelate the Bishop of Manchester, Motions J1 and K1, stand the best chance of making the House of Commons think again. On that basis, from these Benches we will be supporting the noble Baroness and the right reverend Prelate if they choose to put their Motions to a vote.

I want to comment briefly on the contributions of the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Berridge, and on the point made by the noble Lord, Lord Scriven. In a sense, they are talking from a local authority point of view. I too got the email from the Children’s Commissioner today; she is absolutely right to point to the jigsaw of child protection, which is very much overseen by local authorities. As she rightly pointed out, retrospectivity will apply to those children because that is the point which the Government did not concede on.

Responsibility is key to trying to resolve this as clearly as possible. We hope that the Minister will be able to say something clearer, but the real point is that if it is not, it will be resolved in the courts. The noble Lord, Lord Scriven, made that point and it is a very fair one. I understand that the noble and learned Baroness will not be pressing her amendment to a vote. Nevertheless, the Minister should give as clear an explanation as possible of how this matter will be looked at. For the purposes of this group, we will support Motions J1 and K1.

[Lord Murray of Blidworth (Con)]

My Lords, I thank the House for the contributions to this debate. I will focus, if I may, on three points and address first the point raised by the noble Baroness, Lady Lister, on aggregating detention periods. Noble Lords will recall that a question was asked whether the 72-hour limit for pregnant women could be evaded by detaining a pregnant woman first under the powers in the Bill, and then under the powers in the Immigration Act, or vice versa. From a practical point of view, any pregnant women subject to the Clause 2 duty would be detained under the new detention powers provided for in Clause 10. I assure the noble Baroness that we would not detain pregnant women under existing powers then switch to new detention powers, or vice versa, in order to double the detention period.

I thank my noble friend Lady Sugg for her kind remarks. I am gratified for the receipt from Members of the House for the position which we have arrived at in relation to pregnant women.

I turn to the issues raised by the noble and learned Baroness, Lady Butler-Sloss, for whom I have very great admiration. They were raised also by the noble Lords, Lord Scriven and Lord Ponsonby, and my noble friend Lady Berridge in relation to Motion N1.

Amendment 50B would afford local authorities influence over whether the Home Secretary can utilise her powers. I am afraid we do not agree that her powers should be fettered in this way if a local authority simply does not consent. It would also create additional decision-making burdens for local authorities and could have unintended consequences—for example, if local authorities faced legal challenges in respect of their decisions. The Home Office, of course, already works closely with local authorities on matters concerning unaccompanied children and will continue to do so.

I turn to the question raised by the right reverend Prelate the Bishop of Manchester and Motion N2. The Home Office considers that Amendment 50C, tabled by the right reverend Prelate, is unnecessary. That is so because of Section 55 of the 2009 Act, which already requires the Secretary of State to have regard to the interests of children as a primary factor in immigration decisions affecting them. I assure the House that, in making decisions and in devising policy guidance under the Bill, the Home Office will continue to comply with the Section 55 duty.

In answer to the noble Lord, Lord German, and my noble friend Lady Berridge, the Home Office does not have, and therefore, for clarity, cannot discharge, duties under Part III of the Children Act 1989. It is for the local authority where an unaccompanied child is located to consider its duties under the Children Act 1989. There is nothing in the Bill which changes this position and local authorities will be expected to meet their statutory obligations to unaccompanied children from the date of arrival. The relevant duties under the Children Act 1989 sit with the local authority in which the young person is physically present. Accommodation of unaccompanied children by the Home Office does not change the obligations of any local authority in respect of assessment and the provision of services and support, including, where appropriate, suitable accommodation.

Support for Migrant Victims

Lord Ponsonby of Shulbrede Excerpts

Wednesday 12th July 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I say to the noble Earl that we ratified the convention and that was the point behind the reservation: we would have been unable to ratify if we had not laid a reservation against Article 59. I also say that in most respects we go further that, or are at least fully compliant with, all the other aspects of the Istanbul convention. We go further, for example, on issues like FGM and stalking protection orders. So I do not really accept the noble Earl’s premise, I am afraid.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, last year the Domestic Abuse Commissioner stated that it is likely that 32,000 victims who have no recourse to public funds will require support each year. As the noble Lord has just said, the Government announced a further £1.4 million to extend support for migrant victims in the coming year. How many people does the Minister think that will support? For his information, I will be seeing the Domestic Abuse Commissioner next Tuesday, so it would be very good to be able to supply her with the answer to my question.

[Lord Sharpe of Epsom (Con)]

I know that the pilot helped 425 victims and, since the ongoing scheme has been extended, 950 in total—including those 425—have been helped. Those are the main figures that I have at the moment. The “no recourse to public funds” policy is based on the principle that access to state support should reflect a migrant’s strength of connection to the UK. Immigration policy is clear that migrants coming to the UK should be able to provide for themselves financially without relying on benefits from the state. Access to public funds is normally granted only to those who have been given indefinite leave to remain. However, other support is available to migrants who have suffered domestic abuse through destitute domestic violence concessions—three months’ crisis support through which individuals can access safe accommodation and public funds—and through the domestic violence indefinite leave to remain route.

Windrush Generation: 75th Anniversary

Lord Ponsonby of Shulbrede Excerpts

Friday 7th July 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the Minister for tabling this debate, and particularly for the tone with which he introduced it. The whole debate has been uplifting, but it has also been realistic about the problems that are faced and the recent scandal.

The arrival of HMT “Empire Windrush” at Tilbury docks on 22 June 1948 has become a defining moment of modern Britain. The ship carried about 500 passengers from across the Caribbean, and that generation and those that came after have shaped our society, whether by rebuilding post-war infrastructure, playing a key role in getting our transport network functioning properly, or supporting the fledgling NHS.

The Windrush generation has not always been treated fairly, especially by Governments keen to be seen as tough on immigration, but Windrush Day, and maybe this debate, should be taken as an opportunity to celebrate those who, by seeking a better life, have made all our lives better too. I will first mention the Windrush scandal and then conclude on the more positive contribution that the Windrush generation has made to our country.

The Windrush scandal—or perhaps I should say “Home Office scandal”, as recommended by the noble Baroness, Lady Benjamin—began in 2018. It concerned people who were wrongly detained, denied legal rights, threatened with deportation and, in at least 83 cases, wrongly deported from the UK by the Home Office. Many of those affected had been born British subjects and had arrived in the UK before 1973, particularly from Caribbean countries as members of the Windrush generation.

As well as those who were deported, an unknown number were detained, lost their jobs or homes, had their passports confiscated, or were denied benefits or medical care to which they were entitled. A number of long-term UK residents were refused re-entry to the UK; a larger number were threatened with immediate deportation by the Home Office. This was linked by commentators to the hostile environment policy, initiated by Theresa May during her time as Home Secretary.

The Windrush compensation scheme was launched on 3 April 2019, and there have been various reports criticising its effectiveness and slow rollout. It is not known how many people were directly impacted by the scandal, but around 6,200 people have claimed compensation and 1,600 have received payments. Around 16,200 have been helped to secure documentation on their status or citizenship. Some 41 people who have submitted a claim for compensation have since died. Of the 2,235 claims in progress as of April 2023, 16% had been in the system for over 12 months and 7% had been in process for over 18 months. So I have some questions for the Minister. How many people are waiting for compensation from the Government? How long do the Government estimate it will take to complete all the active compensation claims? Do they think that the processing of these claims should be taking this long?

My noble friend Lord Rosser—I welcome him back to his seat after an absence of about seven months—referred at length to HMI Wendy Williams’s original review of the scandal. There were about 30 recommendations in Wendy Williams’s report and the Government have not implemented all of them, as we have heard. The Government dropped recommendations 3, 9 and 10—to host a number of reconciliation events, to introduce a migrants’ commissioner and review the remit and role of the Independent Chief Inspector of Borders and Immigration, and to include consideration of giving the ICIBI more powers with regard to publishing reports. In January this year, the Government had implemented about eight out of the 30 recommendations. That is different from the figure that my noble friend Lord Rosser gave. I would be grateful for guidance from the Minister about the correct figure.

The Guardian has reported that the unit tasked with reforming the Home Office post Windrush is being disbanded. Is the Minister able to say whether that is correct? Can she also say whether there are any plans to enact recommendations 9 and 10 of Wendy Williams’s report?

I want to talk more positively about the contribution the descendants of this generation made to our society. I have done a quick review of recent press articles and I will mention some names: Mica Paris, singer, broadcaster and actress; Colin Jackson, 110-metre hurdles Olympic silver medallist and broadcaster; Don Letts, film director; Jay Blades, host of “The Repair Shop” and charity founder; David Harewood, actor and director; Linford Christie, gold medallist; Linton Kwesi Johnson, poet, musician and activist; Clive Myrie, journalist and newsreader; Sir Steve McQueen, film director, producer and screenwriter; Don Warrington, actor; Sir Lenny Henry, comedian. The list goes on, and this was from just a cursory review of recent press.

My right honourable friend David Lammy described the 75th anniversary celebrations as bittersweet, and the noble Lord, Lord Hastings, referred to pride and prejudice as a theme in his speech. I think they are both right in the way they characterise these celebrations. As an Opposition spokesman, I say to the Government that it is for them to follow through on the promises they have made to the Windrush generation and to seek to rectify the wrongs of the past.