Airports: London

Lord Rosser Excerpts

Monday 18th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

That might be the basis for a novel, and I suggest that my noble friend share it with our noble friend Lord Dobbs.

[Lord Rosser (Lab)]

My Lords, when the noble Lord, Lord Spicer, asked a similar Question last month, the Minister said that the Government would conclude their further consideration of the environmental impacts of expanding airport capacity in the south-east by the summer, which the Minister later said was often defined as the time when noble Lords enjoy their Recess. Bearing in mind that the Government are in full control of the timetable for making and announcing their decision on this major, contentious issue, does the Minister agree that it would be an act of political cowardice for the Government to announce their decision on airport capacity when Parliament is not sitting or on the day Parliament rises for a recess?

High Speed Rail (London-West Midlands) Bill

Lord Rosser Excerpts

Thursday 14th April 2016 Lords Chamber

[Lord Rosser (Lab)]

My Lords, we support the Bill. As the Minister said, HS2 is the project to build a high-speed rail line from London to Manchester and Leeds via Birmingham and the east Midlands, with operation due to begin in 2026 and to be completed by 2032-33. At the beginning of 2009, then then Labour Government set up HS2 Ltd, with the principal aim of advising the Secretary of State on the development and proposals for a new railway from London to the West Midlands and, potentially, beyond. The scheme taken forward from 2010 was based on the outcome of the work conducted for the then Government by HS2 Ltd and was initially proposed by the Labour Government in a March 2010 Command Paper. This was subsequently taken up by the incoming coalition Government.

In February 2011 it was confirmed that phase 1 would take the line from London to the West Midlands by 2026, while phase 2 would take the line from the West Midlands to the north of England by 2032-33. It was not until January 2013 that a decision was taken on the configuration of the route from Birmingham north to Manchester and Leeds. Then, in November 2015, the Government announced their intention to bring forward the route to Crewe before the remainder of the route to Manchester and Leeds, with the expectation that this part of the route would be operational by 2027. The Government were due to confirm the phase 2 route at the end of 2014, but that did not happen, prolonging uncertainty and delaying private sector investment decisions. When will the Government confirm their plans for high-speed rail in the Midlands and the north?

HS2 is a Labour project, in which my noble friend Lord Adonis, as Secretary of State for Transport, played a key and vital role. I look forward to his speech, as well as to the maiden speech of the noble Lord, Lord Mair. Our high-speed rail Command Paper, published in March 2010, set out the urgent need for increased capacity on our rail network. Since then, passenger numbers have grown by a third. Our case for HS2 was based on the assumption that passenger demand would grow by just over 2% a year. As the reality since then has proved to be an average increase of some 5% per annum, the case for HS2 has grown stronger and more urgent over the last six years. Our existing main trunk north-south rail routes face capacity issues today that have to be addressed if they are not to have an adverse impact not just on the ability of an increasing population, and increasing freight, to move within the UK, but on future economic development and expansion, on which our prosperity as a nation in the years ahead depends.

The line from London to the east Midlands and Sheffield has been officially designated “congested infrastructure”. The train operator on the main line from London to Leeds and Newcastle has said that the route “faces track capacity limit”. The existing route with the most pressing shortfall capacity, though, is the west coast main line from London to Birmingham and Manchester. We have reached the practical limits of the existing infrastructure on a route where intercity commuter and freight services all compete for scarce train paths and where commuter services are already at less than the required level in the West Midlands and on the approaches to Manchester because of lack of track capacity at key points.

The money for HS2 might, of course, be spent instead on a further conventional modernisation programme of the existing west coast main line. However, leaving aside the years and years of weekend and other closures, diversions, misery and extended journey times for passengers and freight services, and very significant compensation payments for the train operators, a conventional upgrade would deliver less than half the additional capacity of a new line, which will also enable the integration of high-speed rail services with existing lines and thus significantly improve journeys and journey times not only between cities on the new route but beyond it. That improvement is reflected in the support for HS2 from local government and other leaders of not just Birmingham, Manchester, Sheffield and Leeds but also Liverpool, Newcastle and Glasgow. Strategic planning decisions are already being made or considered based on HS2.

A number of recent major rail transport projects have been located in London and the south-east, such as Thameslink, High Speed 1 and Crossrail. HS2 is also about improving our rail transport infrastructure in the Midlands and the north, as well as in London and the south-east. HS2 has the very public backing of both the CBI and the TUC because of not only the favourable impact it will have on economic development and growth—inadequate, overstretched links retard growth and expansion—but the many thousands of additional skilled jobs that will be created directly and indirectly from the construction and operation of HS2.

At Third Reading in the Commons, the Secretary of State said that HS2 was about not only jobs but also materials. He said that HS2 would need approximately 2 million tonnes of steel over the next 10 years and that the Government were already holding discussions with UK suppliers to make sure that they were in the best possible position to win those contracts. Quite a lot has been happening in and to the steel industry since Third Reading in the Commons and that statement by the Secretary of State. I want the Minister, when he responds, to be a bit more specific. Will the steel for HS2 come from the UK steel industry or is it in whole or in part to come from outside this country?

Not surprisingly with a major project of this kind, real concerns have been raised, not least before the special Select Committee in the Commons, about the impact of the construction of the new route when it is opened on those communities and areas through which it will run. In many cases the new high-speed line is likely to bring little or no direct benefit to them since there will be no station anywhere near their locality. There are concerns, for example, about the impact on the Chilterns, through which the new line will pass. There is also the disruption for residents and businesses, including demolition and loss of homes, around the Euston area, and the need for a comprehensive rather than piecemeal redevelopment of Euston station that will be consistent with the plans and objectives of the relevant authorities, including the London Borough of Camden. The redevelopment of the existing station at Euston is unfunded and unplanned. What action do the Government intend to take to address this issue— and when?

I am resident in a community that will certainly be affected by the construction and operation of HS2. It was depressing to read in the very helpful briefing pack prepared for this debate by the House of Lords Library that the Commons Public Administration and Constitutional Affairs Committee, in a report published last month, said in reference to HS2 that the,

“continuing existence of a culture of defensive communication and misinformation within a public body, responsible for the delivery of such a large and highly controversial project, is not acceptable”.

Since the Department for Transport is the promoter of the Bill, what action do the Government intend to take to address the point made by the Public Administration and Constitutional Affairs Committee about HS2 Ltd?

The Minister made reference to the special Select Committee process. The special Select Committee of the Commons heard more than 1,500 petitions during 160 sittings, lasting more than 700 hours and with more than 15,000 pieces of evidence. There will be a similar—though I understand much shorter—special Select Committee process in this House following Second Reading. The Crossrail Bill took approximately 21 months in the Commons Select Committee and only three months in the Lords equivalent, and the HS1 Bill —which became the Channel Tunnel Rail Link Act—took approximately 12 months in the Commons Select Committee and less than two months in the Lords equivalent. That suggests the special Select Committee in this House will not have the same powers and role as the Select Committee in the Commons.

I know that the Minister has already addressed this issue in part, but it would still be very helpful if he said in his closing speech whether or not this is the case—in other words, that the committee in this House will not have the same powers and role as the committee in the Commons—and, if it is, what powers and role the special committee in the Commons had which will not be available to the committee in this House; and, likewise, what powers and role available to the special committee in the Commons will be applicable as well to the special committee on this Bill in your Lordships’ House. I do not think that that was an issue to which the Minister referred in the comments he made about the special committee process.

Coming into the Lords on the London Underground, I see a poster, to which the Mayor of London is a party, on some of the stations which states that Transport for London does not make a profit because it reinvests all its income on running and improving its services. That seems a pretty sensible approach, bearing in mind the enormous benefits an efficient and reliable Underground system delivers to the London economy and London residents. The case for HS2 that the Government—and, indeed, we on this side—are making is also based on the benefits it will deliver to the economy of this country and to economic growth and development in the Midlands and the north.

The London Underground, under a hardly left-wing mayor, is in the public sector and reinvests all its income in running and improving its services. So, too, should HS2. Public ownership delivered record passenger satisfaction and punctuality scores on the east coast main line, and that successful model should be extended to HS2. At the very least there should be an option to run HS2’s services under public ownership, reflecting the provisions made in the Crossrail Act, which had cross-party support.

I conclude by reiterating our support for the Bill. We want to see HS2 built for the reasons I have set out. However, there is also a continuing responsibility on the Government to listen to the concerns being expressed by communities affected about the impact on them of the construction and operation of HS2, and to ensure that everything that can reasonably be done to address those concerns is done.

Modern Slavery Act 2015

Lord Rosser Excerpts

Wednesday 13th April 2016 Lords Chamber

[Lord Rosser (Lab)]

My Lords, if peer pressure does not work—by which I assume the Government mean that people do not stop using firms that are still exploiting labour as part of the supply chain—are we getting the loud and clear message from the Government today that they do not actually intend to do anything themselves?

[Lord Keen of Elie]

That is not so. As has been made clear, the Government are committed to reviewing the transparency and supply chain regulations over a five-year period and have already established a two-year internal research programme to look at the effectiveness of the provisions, which will be monitored and considered. They have to be given an opportunity to work. We are in the vanguard of these developments: they were proposed in California, and we were the first country to follow suit with similar provisions, wider in their terms even than California’s. Other countries are looking with interest at the direction in which we have taken this matter.

Buses: Concessionary Fares

Lord Rosser Excerpts

Wednesday 13th April 2016 Lords Chamber

[Lord Rosser (Lab)]

The Government’s own figures show that since 2010 the number of transport authorities providing a concessionary youth scheme has fallen from 29 to 22—a reflection, no doubt, of the financial hammering taken by local authorities under the coalition Government and continuing under this Government. In the light of the question asked by my noble friend Lady Corston, what assessment have the Government made of the impact of the differing provision, including non-provision, of concessionary fares for young people between transport authority areas, including the impact on their opportunities in further education and employment?

[Lord Ahmad of Wimbledon]

I am not aware of a specific overall review that has been done, but the noble Lord is right to point out that the number of young persons’ schemes have dropped over the last few years. As I have said, we are looking through the various other changes that we are making in local government financing, including the recent announcements on issues such as business rates, to empower local authorities to prioritise what they believe are the correct schemes.

Brussels Terrorist Attacks

Lord Rosser Excerpts

Wednesday 23rd March 2016 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the Statement made in the House of Commons earlier today. We share fully the abhorrence and condemnation expressed in the Statement about the attacks in Brussels yesterday, which were in reality yet another attack on all Europe. We support the Government in confronting this threat. Our thoughts are very much with the families of those killed and of the missing British person, with those injured and their families, and with the people of Brussels and Belgium—and indeed the people of Ankara and Istanbul, who have also been the subject of attacks in recent days.

I have a few questions and points to raise. Can the Minister say what guidance is being offered to our citizens who were intending to travel to or through Brussels over the holiday period in particular? Can he say more about the collaboration that is taking place with Belgium and other European partners, including the support or expertise that had already been given or offered to Belgium prior to this attack? If ever the case still needed to be made for closer working and collaboration and sharing of intelligence to combat these acts of terrorism, this is it.

On the issue of border security, we welcome the steps that have been taken to step up checks at our air, sea and rail borders with Belgium and France, and security on our own transport network. Are all passports now being checked on exit from the UK, as the Government said they would be by the end of last year, and were 100% passport checks in place between the UK and Belgium in advance of yesterday’s attacks?

Border Force operates juxtaposed controls at, I believe, six locations in France, covering ferry services, the Channel Tunnel and Eurostar. As I understand it, however, in respect of Belgium juxtaposed controls cover only Eurostar foot passengers and not ferry terminals. Is that the case and if so, will there be a review of our borders with Belgium with a view to strengthening them?

Further cuts are coming following the spending review. The Border Force has faced years of cuts and is already stretched. Are further cuts to the force going to be made in 2016-17? Surely now is the time to strengthen our borders, not to go in the reverse direction.

We know that a number of terror plots have been foiled in the past year and we take this opportunity to express our gratitude to all those in the police and security services who work so determinedly to keep us safe. The public, however, will want reassurance about our ability to thwart a Paris or Brussels-style attack. We know about plans to improve firearms capability in London but there is concern about the ability of cities outside London to cope. Last year a Home Office report on police firearms capability found that the number of armed officers had fallen by 15% since 2008, including a fall of 27% in Greater Manchester and 25% in Merseyside. Have the Government reviewed the ability of all major cities to respond, and can they provide reassurance that, if there were a Paris or Brussels-style attack outside London, our police and fire services would have the necessary capability to respond?

In his statement on the strategic defence and security review, the Prime Minister promised a new contingency plan to deal with major terrorist attacks, with up to 10,000 military personnel available to support the police. Can the Minister update the House on those plans and say when the full 10,000 military personnel will be trained and in place?

We know that at moments like this, great anxiety will be felt in the British Muslim community over fears of reprisal attacks and hate crime as a result of the acts of terrorism in Brussels—which are simply that, and a perversion of Islam. Do the Government recognise that concern, and will they send an unequivocal message that anyone who seeks to promote division or hate on the back of these attacks will be dealt with severely?

Will the Government also condemn the ill-informed comments from Donald Trump on UK television today and take this opportunity to distance the Government from them? Mr Trump appears to have suggested that Muslims do not come forward to report concerns in order to assist our security authorities in combating potential acts of terrorism. Generalised slurs, from whatever source, on all Muslim people, who have the same revulsion over what happened yesterday as everyone else, serve only to drive a wedge between the Muslim community and the rest of our diverse country. This is a time for maximum unity among people of all faiths—and none—in rejecting those who preach extremism. We stand together as a united country, and we stand with our neighbour Belgium in its time of need, determined that whatever it takes, and however long it takes, we will face and defeat this threat to our way of life together.

[Lord Wallace of Saltaire (LD)]

My Lords, if I may start on a personal note, while watching the television report on the Istanbul attack I noticed that it took place only a few days after I had walked down that street between meetings in Istanbul. To see the pictures of Brussels, where my wife was walking through the site the day before this happened, is to make one feel that we are not cut off from all this. This is part of our world. I find it despicable that the Brexit campaign should have tried to suggest that we could cut ourselves off from the world and that what happens 100 miles away from London, in Brussels, is no concern of ours. This was, after all, an attack by Belgian citizens in Belgium. We should recall from the IRA campaign in Britain that what was in many ways a domestic terrorist campaign also included cells and co-operation in Spain, Gibraltar, France, Belgium and Libya and that, in dealing with a series of global terrorist threats, we are forced to co-operate with others as closely as we can.

Perhaps the Minister would care to confirm this: if we were to try to secure our borders completely, we would have to return to the sort of controls that we had in the 1960s. I first began to travel between Britain and France then; all bags were opened and it often took 10 to 15 minutes for each person to go through passport control. Given the enormous increase in cross-border travel between Britain and the continent, it would be a severe disincentive to all our citizens—and, incidentally, an intense inconvenience to the noble Lord, Lord Lawson, in travelling each week between his home in France and the House of Lords. It would also be very difficult given the large Middle Eastern presence we now have, particularly in London. There are not just people from the Middle East working here and living as refugees but rich Arabs from countries from which money flows, unfortunately, to mosques and madrassahs in Britain to support a radical version of Islam. We all have to be deeply concerned about that.

I second everything that the noble Lord, Lord Rosser, said about visible co-operation and contact with our Muslim community. I was extremely proud to take part in a service in Westminster Abbey some months ago in which an Imam read from the Koran, as a representative of one of Britain’s faiths in one of our national Christian institutions. I suggest to the Government that they need to do more in demonstrating how far we accept British Muslims as part of the British community, and the moderate version of Islam as the appropriate representation of their faith.

Can the Minister say a little about the importance of the Prüm convention and British participation in it, in terms of the rapid exchange of information among different services across Europe on suspected terrorists and others? I noted the reference to the counterterrorism group in the Statement which, as the Statement recognises, brings Britain together with other EU members and with Norway and Switzerland, as all are concerned with this. Can he say a little about further moves that we think may be necessary towards the closer exchange of intelligence, information and co-operation among national police and security agencies with our neighbours, all of whom are also members of the European Union?

Immigration Bill

Lord Rosser Excerpts

Monday 21st March 2016 Lords Chamber

[Lord Rosser (Lab)]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Immigration Bill

Lord Rosser Excerpts

Monday 21st March 2016 Lords Chamber

[The Lord Bishop of Norwich]

My Lords, I rise to speak briefly in the absence of the right reverend Prelate the Bishop of Southwark, who is a co-sponsor of Amendment 120. I will not repeat the cogent reasons for the amendment set out so well by the noble Lord, Lord Hylton, but I will offer one observation which I think also applies to the amendment proposed by the noble Lord, Lord Alton.

There is one outstanding reason for these amendments. It is that stable families make stable societies, which in turn make for a more stable world. Do we appear to believe this? A visitor from another planet attempting to understand our Immigration Rules—it would need to be a very intelligent life form to do so—but it would be unlikely to conclude that we did all we could to enable family reunion; quite the reverse. What sort of system permits refugees to be reunited with children aged under 18 with spouses or partners, but children who are recognised as refugees have no similar right to be reunited with their parents? They must rely on discretionary provision, which is frequently not given. Hence a child granted refugee status may have to endure prolonged family separation. The argument for this anomaly, which is the most polite way of referring to it, is that to grant family reunion will feed the practice of people smuggling and may cause hazardous and dangerous journeys to be undertaken. The probability must surely be that illegal means of travel and entry are more likely to be attempted than less.

Reuniting a family creates the sort of economic, social and emotional support that people need. It may well save money from the public purse that would otherwise be expended on dealing with the traumas and mental unhappiness caused by enduring family separation. I believe that the present rules do families no service and do our society no good. I hope that the Minister will look favourably on the spirit of these amendments and upon the value of family life as well.

[Lord Rosser (Lab)]

My Lords, I shall speak to Amendment 122A, since my name is associated with it. Some 2,000 refugees are currently arriving in Greece on barely seaworthy boats every day. According to the UNHCR, the majority are now women and children, fleeing the fighting in Syria and around the Iraqi border. Some 4.8 million Syrians have been displaced since the war began.

The existing rules on family reunion simply were not designed to cope with such a mass and, at times, chaotic exodus of people, which tears families apart and potentially leaves individuals in pretty desperate circumstances. Under the Immigration Rules, people granted refugee status or humanitarian protection in the UK can apply to be joined by family members still living in other countries. However, there are a number of restrictions about which family members qualify for family reunion. For adult refugees in the UK, only partners and dependent children under the age of 18 will usually come under the definition of “family”. As a result, families can be left with the invidious choice of whether to leave some members behind.

Amendment 122A seeks to provide an immediate route to reunite, in a managed and controlled way, those families caught up in the crisis. The Secretary of State would specify the numbers to be resettled through the scheme after full consultation with key stakeholders. The amendment would provide for that in a managed way on the basis of current resettlement programmes. It allows British citizens, as well as recognised refugees in the UK, to be reunited with family members through the programme, but, crucially, any number specified would be in addition to the Government’s existing commitments on resettlement.

The amendment does not distinguish between refugee family members who have made it to Europe and those stuck in the region—people do not cease to be part of a family based on where they are in the world. It would help to prioritise those cases of family members who fall outside the existing rules and find themselves in desperate situations. We believe that Britain can do, and should be doing, more in this unprecedented crisis, which the amendment would enable the Government to do through the Secretary of State. Four thousand Syrian refugees resettled a year—none from within Europe—is certainly a start and I do not wish to stand here and suggest that it is not a real contribution, but one is entitled to ask whether it is enough when that number arrives in Greece over the course of just two days.

We support the amendment and we will vote for it if the mover, having heard the Government’s response, decides to test the opinion of the House.

[Baroness Hamwee (LD)]

My Lords, my name is to the amendment moved by the noble Lord, Lord Hylton. I prefer it to the amendment spoken to by the noble Lord, Lord Alton, but either is considerably better than the current situation. If the noble Lord, Lord Alton, decides to divide the House, we on these Benches will be with him. It seems to me that the Section 59 referred to in his amendment is designed for exactly this sort of situation, had anyone been able to envisage it. Children without their parents who have got to the UK alone are refugees, so by definition cannot return to their country of origin, but their being unable to be with their parents is a situation that I am sure no noble Lord would want to envisage.

When we debated the matter in Committee, the Minister gave a number of defences to the current position, including:

“Our policy is more generous than our international obligations require”.

The vote on the previous amendment—a comparison was made in the debate on that between our generosity and that of others—answers that point. The Minister also said:

“Allowing children to sponsor their parents would play right into the hands of traffickers and criminal gangs and go against our safeguarding responsibilities”.—[Official Report, 3/2/16; col. 1881.]

The issue of safeguarding can be argued either way; there are problems of safeguarding whether you do or whether you do not in this situation. I prefer the right reverend Prelate’s logic.

On family sponsorship, where the more distant family of a refugee is here, it seems illogical in many ways not to allow aunts, uncles and so on to sponsor people to come here because it must lead to much faster integration, address the numbers to an extent—given the numbers, we should use what opportunities there are—and be obviously the right thing to do. There would be fewer safeguarding issues in that, although I would not claim that there are none.

Finally, I should not ask a question at this stage unless I know the answer, but I understand that family reunion is a matter of international law—despite my pile of papers I do not have all the detail with me. If the Minister can assist the House on that I would be grateful.

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[Lord Rosser]

My Lords, no one can fail to be concerned about and moved by the appalling position of those to whom this amendment relates. There is a need to see what more can be done to help those fleeing violence and persecution and to increase safe and legal routes for refugees. We all have sympathy with what lies behind this amendment, particularly with regard to the appalling actions of ISIS—Daesh—against Yazidi women. The amendment as it stands is in our view unworkable, but we would be willing to work with the Government and others in the House to develop a scheme to present at Third Reading for these women and others persecuted on grounds of religion.

Anyone coming under the conditions referred to in proposed new subsection (1) who is already in the United Kingdom should already be able to claim asylum under the existing law and definition of a refugee. However, the amendment appears problematic in a couple of areas. It places responsibility for declaring that a genocide is taking place—and, with it, a presumption that the conditions for asylum in the UK have been met—with the High Court rather than with an international body, which is a departure from existing practice. We are not convinced that this power should rest with domestic courts.

The amendment also allows people to apply for asylum outside the UK, which is again a significant departure from existing law and would allow unknown numbers to apply as, as the amendment sets out, there should be no discrimination in dealing with such applications based on,

“national, ethnical, racial or religious group”.

As a lesser point, there also needs to be more clarity about how the process set out in the amendment would work in practice, how applications would be processed, by whom and where.

While we all want to do more for vulnerable people fleeing persecution and genocide—

[Lord Carlile of Berriew]

The noble Lord is telling us that the Labour Party agrees in principle with the feelings behind the amendment of the noble Lord, Lord Alton. Is it not a bit supine for the Labour Party to say that but not put forward an improved amendment of its own if it really seeks to say what we have just heard with full integrity?

[Lord Rosser]

I do not share the noble Lord’s view; I am setting out our view of the amendment and have referred to two specific issues, which do not seem to me unimportant. I can only note that he holds a different view.

While we all want to do more for vulnerable people fleeing persecution and genocide—such a debate needs to take place—we are unconvinced that the amendment as drafted represents the best way to do that. It entails a significant change in practice and procedure, and there needs to be much greater consideration than, inevitably, there has been of the practicalities and impact of what is being proposed. For these reasons, if the mover, having heard the Government’s response, decides to test the opinion of the House, we will not be able to lend our support.

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

Lord Rosser Excerpts

Thursday 17th March 2016 Lords Chamber

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

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

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

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

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

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

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

[Lord Rosser (Lab)]

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

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

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

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

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

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

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

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

Immigration Bill

Lord Rosser Excerpts

Tuesday 15th March 2016 Lords Chamber

I do not want to leave it to the Home Office to decide not to require eviction. Once the eviction process starts, it will tend to roll onwards in an inevitable fashion. The court should have the discretion to take account of varied and difficult situations. Nor—and I say this about all the provisions—do I want to see landlords or their agents made criminals because they do not fulfil all the duties of immigration enforcement imposed on them by this Bill. I beg to move.

[Lord Rosser (Lab)]

We have an amendment in this group which would prevent the new offences that could be committed by landlords and their agents coming into effect until an evaluation of the Immigration Act right-to-rent provisions has been made and laid before Parliament. As has been said, the Bill creates new criminal offences for landlords and letting agents who do not comply with the right-to-rent scheme, under which they are required to check immigration status documents to avoid unlawful letting or landlords and letting agents who fail to evict tenants who do not have the right to rent, with a maximum sentence of five years.

The Government have put down an amendment that provides a defence for a landlord accused of renting to a disqualified person—that they did not know or have “reasonable cause to believe” that the person was disqualified. That is a defence that is available if the landlord, on discovering or coming to have reasonable cause to believe this, has taken “reasonable steps” to end the tenancy “within a reasonable period”. While we welcome the government amendment, it does not of course address the problem that the new offences are likely to create—that they will probably result in at least some landlords taking a risk-averse approach by letting primarily to white British persons with passports. Could the Minister indicate, as regards the government amendment, what kind of guidance, covering what questions or considerations, will be issued by the Secretary of State under proposed new subsection (5B), in government Amendment 62?

The Home Office has carried out an evaluation of the proposed national scheme, which was first introduced in the West Midlands. It was published last October. The Joint Council for the Welfare of Immigrants carried out an independent evaluation, which was published in September last year and showed that some 42% of landlords said that the right-to-rent provisions made them less likely to consider accommodating someone who did not have a British passport. The Home Office evaluation of the West Midlands pilot was limited in its scope; just 68 tenants were interviewed, nearly all of whom were students. It still found that a higher proportion of BME mystery shoppers were asked to provide more information during rental inquiries than other mystery shoppers. Polling last year has already shown that among landlords making decisions on who to let to, around half say that the Immigration Act right-to-rent checks will make them less likely to consider letting to people who do not hold British passports or who “appear to be migrants”. There is a real danger that families who have every right to rent will be passed over by landlords because they lack passports or other obvious documentation of their immigration status.

The right-to-rent scheme was extended across the UK from the West Midlands from the beginning of last month. Is it really too much to ask, in view of the possible adverse consequences of these new criminal offences, under the right-to-rent scheme, that the introduction of the new criminal offences should be delayed until a full evaluation of the impact of the right-to-rent scheme nationally has been carried out?

The reality is that without such an evaluation the Government can give no meaningful or evidence- based assurances that the concerns that have been and are being voiced about the potential adverse impact on many of the one in four families in England who now rent privately of the introduction of the new criminal offences under the right-to-rent scheme will not materialise if more landlords adopt a risk-averse approach to letting. I hope that the Minister will be able to give a sympathetic response to this issue when he replies.

[Lord Howard of Rising (Con)]

My Lords, I rise to speak to my Amendment 65 in this group, and I declare an interest as the owner of rented accommodation. I made the point in Committee that it can be difficult for the owners of rented property to continually monitor what is happening in their property. It is fine to carry out checks when letting a property, but for a landlord to know on a continual basis who is living in that property can, depending on the circumstances, be very difficult, if not impossible. If it were that easy, there would not be a problem in the first place; the authorities would have prevented the illegal immigration.

The Minister said in Committee that new Section 33A(3) of the Immigration Bill 2014 provides adequate protection to landlords. The Explanatory Notes state that the offences in the provision apply,

“where any adult is occupying the premises, regardless of whether the adult is a tenant under or is named in the agreement”.

I do not quite have the noble Lord’s confidence that there is adequate protection for the landlord. The Minister said in Committee that this legislation is,

“not intended to be used against reputable landlords who may have made a genuine mistake”.—[Official Report, 20/1/16; col. 892.]

As time goes by, it is the legislation that governs actions, not the intentions behind the legislation. The good intentions to which the Minister referred may have been long forgotten and therefore may not prevent the overzealous pursuing the small reputable landlord, against whom the legislation is not intended to be directed.

Can the Minister explain a bit further how the protection about which he spoke in Committee would work? After all, 58% of the rented property in this country is let by people with fewer than five properties—the small property owners—and I do not believe that those smaller landlords should be exposed to a disproportionate or unreasonable risk.

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[Lord Rosser (Lab)]

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

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

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

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

[Lord Bates]

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

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

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

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

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

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

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

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

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

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

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

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[Baroness Hamwee]

My Lords, my name is on the amendment. I made a lot of notes as the noble and learned Lord, Lord Brown of Eaton-under-Heywood, was speaking, but I do not think that, having been given his conclusion, I need to deal with all of them. I am well aware that there is opposition to the clause from a number of organisations which do not want to see any exceptions at all. That seems to me to have been the burden of their concerns.

The short point is that the system is not working. We do not live in a perfect world. If we were to create other rules that one might say would support the system as we now have it, I do not believe that they could be made to work. The then Chief Inspector of Prisons commented on how many of the detainees were released back into the community, which poses the question: if they are suitable to be released back into the community, why do they need to be detained in the first place?

The Government’s position is a presumption that an “adult at risk” will not be detained. Our presumption is against detention for more than 28 days, so we start at the other end. It is unambitious to say—as the Government do—that they expect to see a reduction in the number of those who are at risk in detention and that they will be there for reduced periods. The Written Ministerial Statement which the Government published in January categorises the issues in a way which worries me, separating risk and vulnerability from healthcare. Care and assessment are very closely allied, and I suggest, for instance, that a victim of sexual violence may not be able to explain to a healthcare worker that this is her experience until after quite a long period of treatment. Therefore, looking at the Government’s approach to this, I am concerned.

We already have Rule 35 of the Detention Centre Rules, whose purpose is,

“to ensure that particularly vulnerable detainees are brought to the attention of those with direct responsibility for authorising, maintaining and reviewing detention”.

It is not working. We have that now and there is a great range of problems—in view of the time I will not go through them but I hope that noble Lords will understand that the all-party group, of which I was a member, heard a good deal of evidence from medical professionals about the problems with Rule 35. Therefore, if that rule does not achieve what is needed, will guidance—the Government’s Amendment 86—achieve it? I fear that it will not.

Amendment 85 aims to flush out the Government’s view of the conditions of vulnerability listed by Stephen Shaw in his report. It says that a vulnerable person should not be detained unless there are exceptional circumstances, as determined by the tribunal. The Government’s answer will, no doubt, be in Amendment 86, which talks about particular vulnerability—someone being particularly vulnerable to harm if they are detained. We start from the premise that vulnerability is vulnerability, full stop.

There is so much more one could say; I wish I could but I will not. I support the amendment.

[Lord Rosser]

The noble Lord, Lord Ramsbotham, has made a powerful case in support of Amendment 84, to which my name is also attached, and I do not intend to repeat all the points. The amendment is intended to provide for judicial oversight if a person is to be detained for a period longer than 28 days. If the noble Lord, having heard the Government’s response to Amendment 84, decides to test the opinion of the House, we will vote in support.

Immigration detention is a matter of concern. For the person detained it is detention for an indefinite period, since they are not given a date when it will end. Their life is in limbo. A recent all-party group inquiry into immigration detention heard evidence that detention was in some ways worse than being in prison, since at least people in prison know when they will get out. There is medical evidence that it causes anxiety and distress, not least among the more vulnerable groups. The all-party inquiry to which I have referred heard from medical people with knowledge in this field that the sense of being in limbo and the hopelessness and despair it generates lead to deteriorating mental health. One such witness said that those who are detained for more than 30 days have significantly greater mental health problems.

For his report for the Home Office into the welfare in detention of vulnerable persons, Stephen Shaw commissioned a review by Professor Mary Bosworth of the evidence linking detention with adverse mental health outcomes. Mr Shaw said that he regarded her view as a study of the greatest significance. Two of Professor Bosworth’s key findings were: first, that there is a consistent finding from all the studies carried out across the globe, which were from different academic viewpoints, that immigration detention has a negative impact upon detainees’ mental health; and, secondly, that the impact on mental health increases the longer detention continues.

In his conclusions, Mr Shaw stated:

“Most of those who have looked dispassionately at immigration detention have come to similar conclusions: there is too much detention; detention is not a particularly effective means of ensuring that those with no right to remain do in fact leave the UK; and many practices and processes associated with detention are in urgent need of reform”.

He ended by saying:

“Immigration detention has increased, is increasing, and—whether by better screening, more effective reviews, or formal time limit—it ought to be reduced”.

In the first three quarters of 2014, 37% of those detained were detained for longer than 28 days. Home Office guidelines are that detention should be for the shortest possible time and should be used only as a genuine last resort to effect removal. Yet despite centres being called “immigration removal centres”, most people who leave detention do so for other reasons than being removed from the United Kingdom. According to government statistics, more than half the detainees are released back into this country.

There could surely be some scope for a wider range of community-based alternatives to detention, enabling more people to remain in their communities while their cases are being resolved or when making arrangements for them to leave the country. The family returns process, which is designed to reduce the number of children detained, has resulted, according to the Home Office’s own evaluation, in most families being compliant with the process and no increase in absconding.

I note the views expressed by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and his reason for not supporting but also, as I understand it, for not opposing this amendment if it is put to a vote. If Amendment 84 is passed by this House, the Government also have the option, if they choose to take it up, of putting an amended proposition as the Bill goes through its remaining parliamentary stages.

Amendment 84 does not of course put a time limit on immigration detention but it would ensure that a decision to continue to detain after 28 days was a judicial decision dependent on the Secretary of State having to make the argument that the circumstances of the case concerned required extended detention. The amendment does not preclude or prevent detention going beyond 28 days but it means, in a country where we uphold justice and the right to liberty, that at least after a period of time the decision to continue to detain has to be a judicial one, not an administrative one. Surely this House can support that.

[Lord Keen of Elie]

I am obliged to noble Lords for their contributions to this debate. The diversity of views expressed perhaps underlines the issues that have to be wrestled with in such a difficult area.

The Government take the issue of deprivation of liberty very seriously. Our current published policy in respect of immigration detention is quite clear: there is a presumption of liberty. There is a well-established principle that for an individual to be detained pending removal there must be a realistic prospect of removal within a reasonable time, and that is carried out by virtue of judicial oversight. Depriving someone of their liberty is always subject to careful consideration and account is invariably taken of individual circumstances.

Amendment 84 would significantly impact on our ability to enforce immigration controls and maintain public safety, particularly at a time when the Government have set out a commitment to ensure effective use of detention, complemented by a renewed focus on facilitating an increased number of voluntary returns without detention, which safeguards the most vulnerable while helping to reduce levels of immigration abuse.

It might be helpful to remind noble Lords that most people detained under immigration powers spend only relatively short periods in detention. According to published statistics for the year ending September 2015, more than 32,000 people left detention. Of these, 62% had been in detention for fewer than 28 days. The overwhelming majority of detainees—93%—left detention within four months. Of those, approximately 40% were subject to deportation action, having been previously convicted of criminal offences in the United Kingdom or the EU and having refused to leave the UK on a voluntary basis.

Immigration Bill

Lord Rosser Excerpts

Tuesday 15th March 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I speak very briefly in support of these amendments, which are very much animated by the spirit of Every Child Matters, as the right reverend Prelate says. It reminded me of some of the reports that the Joint Committee on Human Rights published when I was still a member, both on unaccompanied young children and on children’s rights. A theme that kept recurring was how often in government policy immigration concerns trump children’s best interests and rights. All these amendments are attempting to shift that balance back so that children’s best interests and children’s rights take centre stage; it does not say that nothing else matters, but they are given the due that they and children deserve.

[Lord Rosser (Lab)]

As has been said, the Government have an amendment in this group regarding the welfare of children, which would state that the Secretary of State and any other person, as set out in Section 55 of the Borders, Citizenship and Immigration Act 2009, is subject to a duty regarding the welfare of children. The Government have put this amendment down following the debate on the welfare of children under the “deport first, appeal later” clauses in this Bill in Committee. The Government have repeatedly referred to the extension of the “deport first, appeal later” issue as a manifesto commitment. The amendment tabled by the right revered prelate the Bishop of Norwich states that, before a decision is taken to certify a human rights claim, the Secretary of State must obtain an individual best interests assessment in relation to any child whose human rights may be breached by the decision to certify with the assessment being carried out by a suitably qualified and independent professional.

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Imposing a requirement to return an individual within 28 days of a successful appeal takes no account of the practicalities outside the control of the Secretary of State that may make this impossible, such as the availability of travel documents or flights and the legal reality that the Secretary of State is entitled to seek leave to appeal against a determination that has gone against her, and is not required to permit entry to the United Kingdom while such an appeal is ongoing. In the light of these points, I hope that the noble Lord will agree to withdraw the amendment.

[Lord Rosser]

Before the Minister sits down, I have a question. I think I know the answer in the light of what he has said, but I would be grateful for confirmation. It is not quite the case that, as was said in Committee, the amendment moved then was unnecessary. What is clear from the Minister’s response is that the Government’s interpretation of the duty under Section 55 of the Borders, Citizenship and Immigration Act 2009 is that there is no duty on the Secretary of State, him or herself, to seek to find out whether the best interests of a child will be affected by their decision. Is that the Government’s interpretation of that duty under Section 55 of the 2009 Act?

--- Later in debate ---

[Lord Roberts of Llandudno]

Following what my noble friend Lady Hamwee said, I will add the word “choice”. If you have a card or a voucher you have to go to certain outlets—usually the middle-range outlets, not the cheaper shops or the bargain shops. When you get only £36 a week, you have to spend your money very carefully indeed. I enjoy cheese biscuits. I forget the name of the make now; they are cheddar biscuits. Perhaps other Members do as well. I can go to a shop in Llandudno and the marked price is £1.39. I buy them sometimes. If I go to a pound shop they are two for £1. There is a massive difference between what you can buy from a shop that has possibly only limited goods on sale and from one of the ordinary shops—I will not mention them; no publicity this evening.

We are denying people the choice and ability to look after themselves and their families in the best possible way. We spoke earlier of the best interests of the child. I suggest that the best interests of the child here is that the parent can use the money and the value that they have in the best possible way, and is not limited to a certain number of shops. It should be open if you have cash in your hand. You should not be embarrassed at the till because your card is overspent; you will know exactly what you have. I have said this many times to the Minister: we always seem to have a great friendly understanding, but I never got my way on store cards. I am sure that there is the possibility in the Bill to look after the best interest of the child and those who have this benefit. I urge the Minister to accept my noble friend Lady Hamwee’s amendment. It is in only exceptional circumstances that a card or voucher is used; usually it is a cash benefit that they can spend in whatever way they want.

[Lord Rosser]

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

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

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

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

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

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

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

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

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

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