British Nationality (Irish Citizens) Bill

Lord Sharpe of Epsom Excerpts

Friday 17th May 2024 Lords Chamber

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

My Lords, I thank all noble Lords for their contributions to this debate. This Bill will make it possible for Irish nationals who have been resident in the UK for five years to become British citizens in a far easier way than is currently possible. Before discussing the detail of the measures, I recognise the interest of, and work done in the past by, many noble Lords on this subject, most notably the Bill’s sponsor today, the noble Lord, Lord Hay of Ballyore. He will be aware that following the introduction of this Bill by the right honourable Member for Belfast East in the other place, the Government have supported its underlying principles. I am glad to say that our full support for it was confirmed following amendments passed in Committee.

Irish nationals can currently work, study and vote in the UK and are usually deemed to be settled from the moment they enter the UK. The common travel area arrangements for Irish nationals are now set out formally in statute in the Immigration Act 1971, which provides protections for the ability of Irish nationals to enter and live in the United Kingdom without needing a grant of immigration leave to enter or remain. This relationship is reciprocated by the Irish Government in regard to British citizens entering Ireland, and this strengthens the relationship between our two countries.

Irish nationals who are resident in the UK must currently complete the naturalisation process to gain British citizenship. There are many requirements associated with naturalisation, such as a period of residence, which is usually five years, and this is replicated in this Bill. However, many of the immigration-related requirements for naturalisation are designed for those who require formal permission to enter and live in the UK and are not applicable to Irish nationals. Equally, the UK has a unique relationship with Ireland, as noted eloquently by the noble Lord, Lord Hay of Ballyore, and the close historical links, geographical proximity and shared institutions between the two countries mean that those who could make use of this Bill would, in our view, already have a sufficient knowledge of language and life in the UK, which would be further reinforced by five years’ qualifying residence. As such, being expected to pass the Life in the UK test or to demonstrate competence in English is inconsistent with the reality.

The Bill as first introduced was limited in scope to Irish nationals born in Ireland after 31 December 1948 who were resident solely in Northern Ireland. The Government are delighted that the Bill before your Lordships today is now marginally broader in scope and more inclusive, and we should note the constructive conversations that led to these changes and have characterised the Bill’s progress.

Following amendments, the route to British citizenship will now be available to Irish nationals regardless of how they became Irish, not just those born in Ireland. Secondly, it will not have a requirement that an Irish national must have been born after 31 December 1948, meaning that there are no age restrictions and all Irish nationals may make use of the Bill. Thirdly, qualifying residency will be in any part of the United Kingdom, not just in Northern Ireland. This reflects the important consideration that becoming a British citizen is about a tie to the whole of the United Kingdom, not just one constituent part of it, even if the Bill may be expected to be used proportionately more in Northern Ireland. That is the right approach.

I turn to the specific details of the Bill. Clause 1 will insert a new section, namely Section 4AA, into the British Nationality Act 1981, which will allow an Irish national to be registered as a British citizen if they make an application and satisfy the requirements. To qualify under new Section 4AA, the person must have been in the United Kingdom at the beginning of the period of five years ending with the date of their application. They must not have been absent from the United Kingdom for more than 450 days in the five-year period ending with the date of their application, and they must not have been absent from the UK for more than 90 days in the 12-month period ending with the date of their application. They must also not have been in breach of the immigration laws at any time in the five-year period ending with the date of their application. Of course, the vast majority of Irish nationals already comply with this. The Secretary of State will, in special circumstances, be able to treat a person who has applied for registration under this section as satisfying the requirements, even if they did not fully satisfy them.

Clause 2 sets out the extent and commencement of the Bill. It extends to England and Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man and the British Overseas Territories, in keeping with the same extent of the British Nationality Act 1981, which it amends. It will come into force by commencement regulations made by the Secretary of State at a later date.

All speakers have made reference to the potential cost to applicants of this registration route. This is currently being considered. The Home Office undertakes an annual review of its migration and border services, and unit costs for this route will be calculated in line with the fees set as part of that exercise. The Minister for Legal Migration and the Border has committed to further discussions with the right honourable Member for Belfast East in this regard. However, nothing substantive has yet been decided on this matter. The Minister also noted the strength of views expressed in the other place on the issue of fees, and I will ensure that he is similarly made aware of the comments made in this House today.

Noble Lords have also queried when this registration route will be available. For a commencement date to be set, the Bill would need to be introduced by a commencement order and, were there to be any fees, there would need to be fees regulations. The Home Office is currently working to design processes and IT systems to enable decision-making on applications in this route. The commencement of this registration route will, of course, need to be fitted in with respect to the Government’s overall priorities.

I am pleased to say that there is considerable support for this Bill within Parliament and among the public. I hope that noble Lords will agree on the importance of the legislation. With this in mind, I can assure the House that I have listened carefully, as ever, to all the contributions made today. I look forward to continued engagement with noble Lords as the Bill goes forward.

I thank the noble Lord, Lord Hay of Ballyore, again for introducing this Bill. I commend the work done to ensure the smooth passage in the other place by the right honourable member for Belfast East and the Minister for Legal Migration and the Border. I commend this Bill to the House.

Illegal Migration Act: Northern Ireland

Lord Sharpe of Epsom Excerpts

Wednesday 15th May 2024 Lords Chamber

[Lord Coaker (Lab)]

Can the Minister confirm that, if this Belfast judgment stands, we will be in the chaotic and damaging situation of asylum seekers having different levels of protection in different parts of the UK? How on earth have the Government let it come to this? What assessment has been made of that discrepancy in the movement of asylum seekers across the UK?

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

My Lords, I start by expressing the Government’s disappointment at this judgment. We continue to believe that the policy is lawful, that our approach is compatible with international law and, specifically, that the Illegal Migration Act proposals are compatible with Article 2 of the Windsor Framework. The Government will take all steps to defend their position, including through an appeal. We have consistently made clear that the provisions in the Belfast/Good Friday agreement referred to in the Windsor Framework were developed specifically against the background of Northern Ireland’s unique circumstances. They do not concern, and should not be brought into, the complex debate on illegal migration.

[Baroness Suttie (LD)]

My Lords, does the Minister still acknowledge that the European Convention on Human Rights is an essential part of the Good Friday/ Belfast agreement? In that context, will he reconfirm the Government’s commitment to upholding the rights of all people residing in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, I have made it very clear—but I will say it again—that all the provisions in the Belfast/Good Friday agreement referred to in the Windsor Framework were developed specifically against the background of Northern Ireland’s unique circumstances. They do not concern, and should not be brought into, the complex debate on illegal migration.

[Lord Dodds of Duncairn (DUP)]

My Lords, whatever the rights and wrongs of people’s views on the Rwanda Act or the Illegal Migration Act, it has always been a clear principle that immigration law is a matter for application on a UK-wide basis. This is the latest in a string of rulings in the High Court in Belfast that says that Acts of Parliament not only are incompatible with the human rights convention but can be struck down and disapplied by the Windsor Framework agreed by the Parliament of this United Kingdom. Surely the Government have to deal with the fundamental problem. They said in the Safeguarding the Union Command Paper that the Windsor Framework did not deal with anything other than trade or goods—that is clearly and totally false: there will be a people border if this continues. Will the Minister deal with the fundamental, underlying problem of the continued supremacy of EU law over vast swathes of the economy and other areas of society in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes the very good point that immigration is a reserved matter and that the Government have consistently applied immigration law on a UK-wide basis. This judgment relates to the Illegal Migration Act, so it does not impact our planning or operations for Rwanda. I am afraid that I cannot speculate as to the other matters that he raised.

[Lord Hannan of Kingsclere (Con)]

Will my noble friend the Minister follow through on the implications of what he just said? As the noble Lord, Lord Dodds, pointed out, the Windsor Framework was sold in this House and in the other House as something that would apply only to pork pies and technical standards. If it is now being interpreted that the Windsor Framework can be used to strike down primary legislation passed in our Parliament, surely that is not operating as we understood it. Does it not call into question the whole basis of it and make the case for a fundamental renegotiation of the entire agreement?

[Lord Sharpe of Epsom (Con)]

My Lords, as I stated in my original Answer, which I will repeat to my noble friend, the Government intend to take all steps to defend their position, including through an appeal. Of course, these are the matters that will be debated in that appeal.

[Baroness Chakrabarti (Lab)]

My Lords, long before the Windsor Framework, there was the Good Friday agreement, which was hard won, not least by people from all communities in Northern Ireland. Can the noble Lord confirm that if this decision of Mr Justice Humphreys in the Belfast High Court is upheld in our Supreme Court, the Government will respect that decision, protect the Good Friday agreement—which is an international treaty signed up to by this country and the Republic of Ireland and supported by our closest ally, the United States—and protect the peace and human rights in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, again, I was very clear at the start; we have consistently made it clear that the provisions in the Good Friday agreement, referred to in the Windsor Framework, were developed specifically against the background of Northern Ireland’s unique circumstances. That position has not changed.

[Lord Rogan (UUP)]

My Lords, the Minister will recall that last week in this House I raised my concerns about the Irish Government’s plan to mobilise 100 Garda officers to stop asylum seekers crossing into the Republic of Ireland from Northern Ireland, in effect, creating a hard border on the island. I asked the Minister directly to clarify what His Majesty’s Government were doing to remedy this situation, and his response was that he did not think it was appropriate to

“comment on the internal policies of another country”.—[Official Report, 9/5/24; col. 315.]

Given the potential consequences for Northern Ireland of the Belfast High Court judgment, does he now believe that it is time for the Government in general and the Prime Minister in particular to prioritise the well-being of the people of the Province of Northern Ireland over the shallow quest for voters in Great Britain?

[Lord Sharpe of Epsom (Con)]

My Lords, I would go back to my original answer of last week: I still do not think it is appropriate to comment on the internal policies of another country. As I have repeatedly said—and as I will continue to say as often as I am asked—the Government will take all steps to defend their position, including through an appeal. I would also say that this is not about prioritising one part of our country over another. It is about maintaining the UK’s border integrity.

[Baroness Berridge (Con)]

My Lords, the Illegal Migration Act is the basis on which the Home Office has any authority to accommodate children. I understand from my noble friend that the Government are appealing, but is the Act disapplied and, if it is, what does that do to the authority of the Home Office to accommodate any unaccompanied asylum-seeking children in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, obviously the Government are still seeking advice on all aspects of what the judgment means, but we will be appealing. I should also say that the final order will not be handed down for another two weeks, so an appeal cannot be lodged until after that final order is handed down.

[Lord Dubs (Lab)]

My Lords, in the meantime, what is the position of asylum seekers in Northern Ireland who no longer come under the Illegal Migration Act? Are they able to apply for asylum?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

No, I do not believe they are. I do not think this has any impact on, for example, the safety of Rwanda or relocation to Rwanda under existing legislation. As noble Lords will be aware, migrants currently in Northern Ireland can be relocated under the NABA.

[Lord Bellingham (Con)]

My Lords, the Minister said that the Government were going to appeal the decision when it is finalised. How quickly could that be brought on and, if indeed the Government lost the appeal, could they then legislate?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not understand or know anything about the workings of the court processes, so I am afraid I cannot answer that question.

[Lord Hain (Lab)]

My Lords, I understand that the Minister is a Home Office Minister. However, the noble Lord, Lord Caine, will be able to educate him on the fact that anybody who knows the primary legislation implementing the Belfast/Good Friday agreement will not be in the least surprised by the High Court judgment.

[Lord Sharpe of Epsom (Con)]

That may be the case, but, as I have repeatedly said, the Government intend to appeal the decision. Until that appeal is heard, I do not know that there is much else to say on this.

[Lord Purvis of Tweed (LD)]

My Lords, the Illegal Migration Act gives Ministers the power to detain those who have arrived in small boats. My understanding is that that is still not yet in force after a number of months—since last July. What prevents anybody who has arrived on a small boat since last July then travelling to Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, we do not believe that this will induce people to go to Northern Ireland. The cohort we are detaining has been considered under existing legislation, so those who are part of that cohort can and will be removed to Rwanda. There would be no benefit to their going to Northern Ireland to avoid this removal. The NABA cohort is anyone who arrived in the UK on or after 1 January 2022 and who received a notice of intent prior to 29 June 2023, which informed them that their asylum claim may be considered inadmissible and that they may be removed to Rwanda.

[Baroness Lister of Burtersett (Lab)]

My Lords, until any appeals in relation to the Northern Ireland cases are concluded, will the Minister undertake not to commence Section 57 of the Illegal Migration Act, concerning age assessment, which has now been disapplied in Northern Ireland?

[Lord Sharpe of Epsom (Con)]

I cannot make that commitment. I will come back as and when I have more to say on the subject.

[Lord Morrow (DUP)]

My Lords, during the passage of the Rwanda Bill, my party flagged up these concerns. Of course, we were told that we were wrong. It now transpires that we were right. Surely the quick and efficient way to satisfactorily resolve this issue is an urgent but short piece of legislation that asserts without doubt that we control our own borders. Does the Minister agree?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes an interesting point but, as I say, the first step in this process is to appeal the judgment. I am sure that all other considerations will then be taken as to what might happen in the future.

Russia

Lord Sharpe of Epsom Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, I associate myself with many of the remarks of the noble Lord, Lord Coaker. I agree with what he said. These Benches also welcome the Statement repeat and support the Government’s actions. I too pay tribute to the security and intelligence services, which remain vigilant in keeping us safe from foreign malign activity. It is of course a very serious matter when we have to take action against so-called diplomats—those who are abusing not only the protections that diplomatic conventions afford them but their position within the United Kingdom—but actions have been necessary.

I note that the Home Secretary indicated in the Statement that this was the first legislation under the National Security Act on which the noble Lord, Lord Coaker, and I, along with my noble friend and others, worked closely with the Minister. He was very open and worked on a cross-party basis. When it comes to national security and keeping our country safe, we are of the view—I think the Minister agrees—that this is not a partisan issue, no matter what the Prime Minister may have said this week. I pay tribute to the Minister for his work on that, and it is rewarding to see that the measures we put in place on a cross-party basis have been activated. That demonstrates to any country around the world that government and Parliament are united in ensuring that our people will be safe.

As the noble Lord, Lord Coaker, indicated, we should of course expect a tit-for-tat response. What advice are His Majesty’s Government giving to the wide network of UK journalists and other nationals still operating in Russia in the genuine field of culture, trade and people-to-people relations? I have said repeatedly that our concern is not with the people-to-people relations between the UK and Russia but with the Putin regime. What vigilance will they therefore have to have, and what advice are the Government giving?

Concerning the wider issues on sanctions and assets, as indicated in the Statement, I think I have spoken to almost all the sanctions that Parliament has approved and that the Government have put in place. We support them all, of course, but unfortunately there are certain areas that are vulnerable to sanctions circumvention. What actions will the Government now take on those who are actively circumventing the sanctions cited within the Statement? This includes, for example, shadow fleets that ship the oil exports from Russia, which means that Russia is continuing to make a profit out of the war. It means those within metal trading and within the financial relationships that the UK has with the Gulf. When it comes to the assets, the Statement indicated that the £22 billion of assets that we have frozen is from October. That is six months ago so, as the noble Lord, Lord Coaker, asked, what is the live figure of the assets?

The Home Secretary said in response to questions in the House of Commons that

“no one has seized or liquidated Russian assets”.—[Official Report, Commons, 8/5/24; col. 588.]

But we know that that is not the case, and not just within those that Ukraine has. What is the exact legal blockage to the UK seizing assets that we have frozen? The Foreign Secretary replied to me in this Chamber a number of weeks ago that he was frustrated with the delays. What are the delays and why have the Government not presented legislation? If legislation is required to be passed, I am certain that the Front Benches will be supportive of that move and that it can be expedited through Parliament.

I was reading this week that the EU now has mechanisms in place to charge the interest of those frozen assets, with an estimate of up to €8 billion. One estimate of the £20 billion frozen by the UK Government could mean, depending on how it is invested, that it could accrue interest of up to £1 billion over this year. Why is that not being seized for immediate use?

Can the Minister confirm to me that the mechanisms the Government have put in place to allow for frozen assets to be sold to UK businesses or individuals can never be used for them to make a profit out of any frozen assets? I understand that the mechanisms will allow bodies to buy a frozen asset but not to sell it until it is unfrozen. But it could accrue interest, so I would be grateful if the Minister could indicate that that could never be the case.

Finally, given that we are likely to see further actions from the Putin regime—we see today’s very worrying news from the Georgian Parliament and we see it in the Balkans—and, as the noble Lord said, from the China regime, now is the time for the Government to give proactive briefings to Opposition Front Benches on likely or possible future threats. We had that when we were tackling the Daesh problem but we need it now when it comes to China and Russia, and I hope the Minister can respond positively to that point.

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

I thank both noble Lords for their remarks. I will briefly outline a few highlights, as it were, from the Statement given by the Home Secretary last week, because it has been a few days and we need to tease out and probe a few important points. My right honourable friend the Home Secretary pointed out in the other place that the Prime Minister said in Poland last month that we are at a “turning point” for European security. With our allies, we will stand firm in the face of the Russian threat to the UK and our way of life—it is worth restating that for the record.

On the actions we have taken, as is well understood, we have expelled the Russian defence attaché, who was an undeclared military intelligence officer. We will remove diplomatic premises status from several Russian properties in the UK, including Seacox Heath, which is a Russian-owned property in Sussex, and the trade and defence section in Highgate. We believe they have been used for intelligence purposes. We are imposing new restrictions on Russian diplomatic visas, including capping the length of time Russian diplomats can spend in the UK.

As reported on Friday 26 April, five individuals have been charged in connection with an investigation into alleged offences under the National Security Act, which both noble Lords referred to. They rather pre-empted what I was going to say, because I obviously want to thank all noble Lords who were involved in the successful passage of what is proving to be critical legislation. It is a good example of working together, and it gives me an opportunity to thank the security services. This rather proves the point that there is co-ordinating action on behalf of the security services, the police, other government agencies and of course the Home Office, in dealing with the threats we all face. I am grateful to all the people who work so hard on our behalf in those various organisations.

I will go into the sanctions in a moment, but first I will repeat the headlines that my right honourable friend the Home Secretary mentioned in his speech. We have sanctioned over 1,700 individuals, over 90% of the Russian banking sector and over 130 oligarchs and family members, with a combined net worth of around £147 billion at the time of the invasion. As of October— I am not sure I can improve on an October figure at this point—over £22 billion of Russian assets were reported frozen as a result of UK sanctions. Those assets can no longer be taken back to Russia to fund the Putin war machine. Obviously, we consider Russia’s campaign to undermine our support unacceptable and destined to fail.

On the individuals who have been charged in connection with the investigation, and with others related to other countries that have subsequently occurred, the Crown Prosecution Service, in relation to the 26 April individuals, has confirmed that the charges relate to alleged hostile activity in the UK in order to benefit a foreign state—namely, Russia. Beyond that, I obviously cannot say very much, particularly as regards ongoing investigations.

Both noble Lords asked about illicit finance. We have swiftly implemented the strongest set of economic sanctions ever imposed against a G20 country. We have frozen over £22 billion of Russian assets under the sanctions regime, as I said, and the UK alone has sanctioned 2,000 individuals and entities under the Russian sanctions regime, over 1,700 of which have been sanctioned since Putin’s invasion. We have set up the combating kleptocracy cell in the National Crime Agency to target corrupt elites and their assets in the UK, ensuring that there is nowhere for this dirty Russian money to hide. The combating kleptocracy cell—CKC—can account for over 150 disruptions since the invasion of Ukraine, all of which demonstrably removed or reduced a criminal threat facing the UK.

I will digress briefly. The noble Lord, Lord Coaker, asked about golden visas. That scheme was closed in February 2022, following the recommendation of the Intelligence and Security Committee to review our approach to it. I have no further information about publication or anything else yet.

Returning to sanctions and what we are doing to enforce them in the UK, we are obviously committed to ensuring that they are robustly enforced and that potential breaches are investigated. Illustrating the co-ordinated approach, departments from across HMG—including the FCDO, the Treasury, OFSI, HMRC, the Home Office, DfT and the National Crime Agency—work together and with UK companies to ensure that sanctions are enforced. In August 2023, for example, HMRC fined a UK company £1 million in relation to the unlicensed trade of goods in breach of Russia sanctions. OFSI published an enforcement notice against Wise Payments Ltd, an FCA-regulated company, for breaching Russia sanctions by making funds available to a company owned or controlled by a designated person. So, firms should carefully consider what steps are appropriate to manage their sanctions risk exposure and take steps fully to address that risk. The Government have committed £50 million to support a new economic deterrence initiative to further boost our diplomatic and economic tools and improve sanctions implementation enforcement, as well as tackling sanctions evasion across the trade, transport and financial sectors.

On our collaboration with our international partners, we work closely with the G7, particularly the EU and the US, and we have stepped up our engagement with a range of third countries to highlight circumvention risk—the noble Lord, Lord Purvis, alluded to this—and support them to tackle this issue. That includes joint diplomatic outreach to countries where we see spikes in the trade of sanctioned goods with Russia. We are particularly focused on the goods published in the CHP list.

In recent months, we have sent joint delegations to the UAE, Kazakhstan, Uzbekistan, Kyrgyzstan, Georgia and Armenia, as well as having senior bilateral engagement with Turkey and Serbia, to highlight these risks and offer technical support. We have funded technical support sessions delivered by UK legal experts to business and government contacts in Armenia, Georgia, Uzbekistan and Kyrgyzstan to improve understanding of and compliance with the UK sanctions measures and regime. These efforts are paying off: a number of countries have announced concrete measures to reduce the risk of sanctioned goods reaching Russia. The latest trade data indicates a downward trend in direct exports of these items to Russia from countries of interest, including some that I mentioned.

On why we have yet to seize Russia’s assets, we remain committed to exploring all lawful routes to using Russian sovereign assets in support of Ukraine. We continue to drive ambition within the G7, which has agreed to consider this issue collectively. We continue to work at pace ahead of the G7 leaders’ summit. I commit to keeping the House updated on significant developments as appropriate. While G7 discussions continue, the UK has taken a number of steps domestically. We were the first to introduce legislation explicitly enabling us to keep sanctions in place until Russia pays for the damage it has caused. We are establishing a route by which sanctioned individuals can donate frozen funds for Ukrainian reconstruction, and we have introduced new powers to compel sanctioned individuals and entities to disclose assets they hold in the UK.

With noble Lords’ indulgence, I will address a slightly broader question which I have perhaps not been asked entirely: how we are combating Russia’s war economy. We have banned all known items found on the battlefield in Ukraine. We have banned dual-use and critical industry, aviation, defence and security goods. We have published a common high-priority items list—a list of 50 battlefield items that are important for Russia’s war effort—helping businesses identify the most critical items to focus their efforts on. This is degrading Russia’s military and high-tech industries. Production of the next-generation airborne early-warning and control aircraft has stalled due to a lack of foreign components, including semiconductors. Russia is therefore turning to other countries to supply these goods. We see reports of that in the newspapers, but I reassure noble Lords that the UK is very much leading on this work and delivering results.

On the tit-for-tat arrangement mentioned by both noble Lords, I of course cannot account for what Russia may or may not do. Regarding advice to UK residents, journalists and other interested parties in Russia, I have not looked at the recent Foreign Office advice, but I am sure it has been kept very much up to date on a regular basis. But obviously, I caution all journalists operating in Russia to be aware of the case of Evan Gershkovich, whom the Russians really should have released by now.

I think I have answered all the questions. I cannot commit to proactive briefings now, but I will certainly bear in mind what the noble Lord said and make sure it is understood in the department.

[Lord Swire (Con)]

Will my noble friend the Minister clarify whether the UK is able to act unilaterally on sequestered Russian assets and does not have to operate within the G7 framework, or whether we have to act collectively? Secondly, with that in mind and given the involvement of the UK, can the Minister update the House on the progress of the sale of Chelsea and the £2.5 billion, which is much needed? We should not fool ourselves: the situation in Ukraine is extremely serious now. It needs all the help we can give, both materiel and, obviously, financial assistance. We need to move a little quicker than perhaps we have in the past.

[Lord Sharpe of Epsom (Con)]

On the first part of my noble friend’s question, I do not know the precise answer to whether or not we can act unilaterally. I imagine that that is the case, but I would question whether it would have much utility. By definition, the threat is a global one and the co-ordinated response will be much more significant if we take it with our allies and friends than if we go it alone.

As for Chelsea, I cannot comment. I know that discussions are ongoing, but I do not know where they are.

[Lord Austin of Dudley (Non-Afl)]

Could the Minister update us on what the Government are doing to secure the release of Vladimir Kara-Murza, a British citizen incarcerated by Putin on trumped-up charges?

[Lord Sharpe of Epsom (Con)]

I am afraid that I do not have information on that. I shall write to the noble Lord.

[Lord Pickles (Con)]

My Lords, on using Russian assets, there still remains the appalling war crime of 19,600 children who have been abducted by the Putin regime from their families in Ukraine, who have had no contact with them—and so far only 388 have been returned. Could we not offer help to those families, first, to trace where their children are and, secondly, in the form of financial help to get them back?

[Lord Sharpe of Epsom (Con)]

My noble friend raises a poignant and pertinent issue. Of course, our sympathies go to the parents of those children. Is there much else that I can say? I am afraid that I do not think that there is, as regards financial help. I hear what my noble friend says, and it is obviously something that I shall take back to the department. I do not know whether it is an appropriate thing for the Home Office to deal with, but I shall make some more investigations and happily report back.

Statement of Changes in Immigration Rules

Lord Sharpe of Epsom Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I congratulate my noble friend Lady Lister and the noble Baroness, Lady Hamwee, on bringing these regret Motions. Before I start, let us remind ourselves that the net migration figures stand at 672,000, a figure that, as the noble Lord, Lord Empey, mentioned, I think we could all agree needs to be reduced.

The changes to the Immigration Rules are intended to reduce immigration and encourage UK employers to invest in the resident workforce—a laudable aim that we could all support. There are numerous changes to various thresholds with respect to immigration, but we have no idea whether they will work, and neither does the Minister—he has not got a clue, either, because the evidence is not there. I will tell you what I think has happened. The report from the Secondary Legislation Scrutiny Committee should be compulsory reading for every single Member of your Lordships’ House on how not to do a Bill or a piece of secondary legislation. It is absolutely shocking. We should remind ourselves that this was published on 24 March, saying, “Where’s the impact assessment? Where’s the equality impact assessment? Where’s the evidence for what the Government are doing?”

The Minister was called before the committee. I cannot remember the date off the top of my head, but he had to go and explain what was going on, to the best of his ability. I think the noble Lord, Lord Kerr, is absolutely right: I can only imagine that there been a furious row in the Home Office between the noble Lord, Lord Sharpe, I would guess, and others, where the noble Lord said, “I’ve got to go to this committee and this Chamber to defend the policy, but you won’t give me the impact assessment”. I absolutely agree with the noble Lord, Lord Kerr, that they said, “We can’t publish the impact assessment in the way that it’s done because it actually doesn’t support what we’re doing”. If that is not the case, perhaps the noble Lord, Lord Sharpe, could explain what the impact assessment says and why on earth the Government would not publish it, if it supports what they are doing. That would completely undermine what my noble friend Lady Lister, the noble Lords, Lord Kerr and Lord German, the noble Baroness, Lady Hamwee, and I have all said. I have no idea what has gone on.

I will ask the noble Lord, Lord Sharpe, a basic question: does the Home Office care that it put a Minister before the Secondary Legislation Scrutiny Committee to explain why it had not published an impact assessment? I believe the noble Lord, Lord Sharpe, does care and that he has been sold a pup on this one, so let us depersonalise this: does the Home Office care? Why has the Home Office not published it? Does it not care about what the Secondary Legislation Scrutiny Committee has said? Does it not care that the noble Lord, Lord Sharpe, made various commitments to the Secondary Legislation Scrutiny Committee, when he was called before it, about the need to publish that? We then read that an impact assessment has been produced, but it is not to be published. What on earth is going on?

The point made in this Secondary Legislation Scrutiny Committee report is that the Home Office is a serial offender. This happens time and time again. I have to say that the regret Motion simply sets out and gives us the opportunity of saying to the Government, “It can’t go on like this”. How on earth can you produce 289 pages and expect any scrutiny of all the various changes that are made, without any evidence for us to look at and understand?

These are massive changes. Noble Lords heard the personal examples that the right reverend Prelate, the noble Lord, Lord Empey, and others gave about the very real impact this has. Yet the Government say, “We’re doing it because we believe it’s the right thing to do and it will have some sort of impact”. I will read out a couple of examples. I do not know whether people have read this, but the Minister gave a figure of 300,000 for what the impact of these particular changes would have been, looking back. Where has that come from? Where was the evidence for it? If it was looking back, the Government presumably have some estimate looking forward. So I do not understand it, and neither did the chair of the committee, because he asked the Minister to explain it—and, if I remember right, the Minister asked the official. It would be handy to know where 300,000 has come from. It was looking back, so what about looking forward?

Let us have a quick look. The various thresholds have been increased. The threshold for the skilled worker visa is up from £26,200 to £38,700. How big a reduction is that going to make? The minimum income requirement, which is the income required for British citizens and entitled residents to bring a partner to the UK, goes up from £18,600 to £29,000. How big a reduction will that produce—and on who? The Government say that they will reduce dependence on imported skilled labour and encourage training of the resident workforce. That is a laudable aim, but where is the evidence for that? How is the training going to take place, and what happens to the transition? You cannot just say that we will get rid of skilled migrants coming to this country and replace them with a resident workforce. It is not like turning a tap on—so what is going to happen in the transition? What happened to the consultation when the care sector said that it would end up with problems? What was the Government’s response to the care sector in that regard?

Can the Minister explain why the child element of the threshold, contributing to the minimum income requirement, was abolished? That contradicts the stated policy aim of ensuring self-sufficiency—again, that is unclear. Was the Minister himself happy with the consultation that took place, given the fact that there was none? Why was there no particular consultation? What happened to it?

Why is there no equalities impact assessment? The noble Lord, Lord German, read out the consequences of having one threshold for the whole of the country. It makes a huge difference whether you live in the north-east, London or wherever. What do the Government think about that? Are they not bothered about it? Is it just something that they can brush off and say it does not really matter?

Who signed all this off? I do not believe it was the noble Lord, Lord Sharpe, so which Minister signed it all off? Who said that this was all fine to do? Who has made the decision to say, “We can do all of this without an impact assessment; we don’t care—and I’m sorry, Lord Sharpe, but you’ve got to go and do the regret Motion. We’re still not going to publish it, and it will just happen”? That is not the way to do business. It is unacceptable. The Government and the Home Office need to take responsibility for it. At the very least, let this be the last time that we get major legislation through an SI done like this, without an impact assessment. It is not good enough. It has an impact on a huge number of people’s lives. I do not blame the Minister, but the Home Office is to blame for this. It is a totally unacceptable way in which to conduct business.

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

My Lords, I thank noble Lords who have contributed to the debate. Before I get to do the “bad cop” thing, I ask the noble Lord, Lord Empey, to send me Mr Ferguson’s details, and I will of course happily look into his case.

Before getting on to the detail of the regret Motions, can I set out some background about the decision to raise the minimum income requirement, to which I shall henceforward refer as the MIR? It is important that we put these issues into context. As the noble Lord, Lord Empey, pointed out, net migration is too high; we have to get back to sustainable levels. In the year to June 2023, as has been noted, it was estimated to be at 672,000. Last year, we announced a series of robust measures to bring those numbers down, including tightening the rules on care workers, as the noble Lord, Lord Coaker, mentioned, as well as on skilled workers, and making sure that people can support family members they bring to the UK.

Far from being a “Get out of the UK” policy, as was somewhat intemperately alleged by the noble Baroness, Lady Hamwee, the approach that we are taking is firm but fair. It is designed not only to bring numbers down substantially but to address the injustice of a system which, if left untouched, would reward employers seeking to recruit cheap labour from overseas at the expense of British workers and put unsustainable pressure on our most vital public services. As I think the noble Lord, Lord Coaker, would concede, that is a laudable aim. The decision to raise the MIR is a key part of our plan to reduce overall migration levels. Taken together, the changes that we are implementing will mean that the 300,000 people who came to the UK last year would now not be able to come.

I turn to the specifics of the regret Motions. First, I want to provide clarity on the objective of raising the MIR. The MIR was first introduced in July 2012 to ensure that family migrants could be supported at a reasonable level, so that they do not unreasonably become a burden on the British taxpayer, as well as to help to ensure they can participate sufficiently in everyday life to facilitate their integration into our society. It has not been increased in line with inflation or real wages since its introduction—nor has it been adjusted in light of rising numbers of migrants using the route. It is in that context that we have reviewed the threshold and taken the decision to raise it to match the level of income needed for somebody to come here as a skilled worker, which is currently at £38,700 per year. That ensures that migration policy supports our wider ambition for the UK to be a high-wage, high-productivity, high-skill economy.

Bringing the family income threshold into line with the new minimum general salary threshold for skilled workers will ensure that people bring to the UK only those dependants whom they can support financially. It will also encourage them to maintain the financial independence of all family members once they settle and who would otherwise gain full access to the benefit system.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, for clarification, can the Minister expand on the “at least” £38,700, whether there is a top limit, whether there will be consultation on it, and when the Government intend to make any announcement with regard to this?

[Lord Sharpe of Epsom (Con)]

I am afraid I cannot but, for now, at least means at least.

[Baroness Lister of Burtersett (Lab)]

My Lords, I start with an apology; I should have said that I too am an associate of RAMP. I am grateful to all noble Lords who spoke: all more or less in favour of the Motion, apart from the Minister.

I am conscious that colleagues want to carry on with the discussion on the Bill but, frankly, I felt as if I was listening to Alice through the looking glass. Between us, we demolished the arguments that have been put forward, and the Minister simply repeated them—without convincing anybody, I think. He did not explain why the Migration Advisory Committee has not been consulted. He did not even have the courtesy to address the point I made at the end: now that there is a pause, they should now be consulted, and so should experts by experience.

I cannot believe that we were told the impact assessment will come forward. This is the scrutiny, so when are we going to scrutinise this again? What is the point of an impact assessment that comes after it has been scrutinised in both the House of Commons and the House of Lords? Will we have a chance to have another go when the impact assessment is finally published? I hope so because, otherwise, it is beyond belief.

I asked a question about the family test. Government departments are supposed to apply the family test to every policy that might affect families; this is a policy that is cutting families down the middle. Did the department apply the family test? I do not know, because the Minister did not answer the question.

[Lord Sharpe of Epsom (Con)]

With respect, I did. It is all very well to lob accusations of a lack of courtesy, but I do not think that is entirely fair. I think I dealt with the House with a great deal of courtesy.

[Baroness Lister of Burtersett (Lab)]

Sorry, I am not saying that the Minister did not show courtesy—although he did not have the courtesy to address the soft-cop option that I offered at the end, and actually I think that was discourteous. I am sorry if I missed his answer on the family test. I will read Hansard and see what it says; if he did not answer it, I will follow it up in Written Questions.

I will leave it there because, as I said, colleagues want to carry on with the other business. Those who are affected by this, who have been listening, who will read it or who are watching will be very disappointed that the Minister was not able to answer any of the questions that we asked. I beg leave to withdraw the Motion.

Passport e-Gates Network Outage

Lord Sharpe of Epsom Excerpts

Monday 13th May 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I too pay tribute to the staff involved, both Border Force staff and other airport staff, who took the pressure when this occurred. It is now five days after this Statement was made in the other place and, understandably, the Minister there was able to give only limited detail and indicate that investigations were ongoing. Clearly there will be more known now than was known then, so can the noble Lord give us more detail and a commitment that, when the final report is produced, he will return to inform us about the lessons that it revealed? Getting this right is obviously vital.

The Government were lucky this time, as the issue occurred in the early evening, midweek, in early May—at a quiet time of the day, a quiet time of the week and a quiet time of the year. If it had occurred at peak time, the story would probably have been very different. This is the third eGate failure in a year. It simply cannot be acceptable to regard it as an inevitable part of a technology-based system, because even more complications are coming in the near future.

The UK Government are introducing the ETA—the electronic travel authorisation—for non-visa countries. This has already started with the Gulf countries, and plans to roll it out gradually—first to the rest of the world other than the EU, and then to the EU—are scheduled for October 2024. The EU is also introducing the EES—the entry and exit scheme—including facial recognition and fingerprints. This scheme’s full implementation has been delayed until after the Olympics and is now also expected in October. Surely it is a potentially fatal mistake to introduce both the ETA and the EES at the same time. Can I ask what discussions the Government are having with the EU to ensure that everything does not all coincide at the same time?

The general public are blissfully unaware of what lies ahead. What plans do the Government have to alert and inform people well in advance of the introduction of these changes? Can the noble Lord assure us that the technology for this is fully ready and thoroughly tested?

Both UK and EEA citizens can use eGates, and the Government have recently added 10 more countries to the list of those that can use them. That is why eGates are so busy. Ironically, instead of taking back control of our borders following Brexit, we have in fact reduced the number of controls at our borders. Noble Lords will know that when we UK citizens go abroad to the EU now, we are not able to use eGates in most cases; we are required to queue up, and very often we have to answer detailed questions about our visit, rather like we do if, for example, we visit the USA. We no longer have the privilege of easy entry and exit from EU countries. We are making life easier for people coming here, but life is not being made easier for us going to other places.

We all know that having a physical presence is a major deterrent to people wanting to abuse access to this country. Does all this not underline the need to keep a strong physical presence of Border Force officers at our points of entry and exit from this country?

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

I thank the noble Lord and the noble Baroness for their questions, which I will endeavour to answer. I join them in thanking all the Border Force officers for their efforts.

On a question that the noble Lord, Lord Coaker, asked me, I take this opportunity to reassure the House that border security was not compromised in any way. I am also grateful to the public, who were extremely patient, and I join my honourable friend in the other place in offering our sincere apologies for the inconvenience caused to them.

It is worth giving a little context about eGates, because they have revolutionised the experience at the border, as I am sure all noble Lords can attest. Many more checks are performed automatically than was previously possible, and it is now quicker, as the noble Baroness, Lady Randerson, has just noted, for many passengers to land in the UK.

The eGates generally continue to perform extremely well, and most ports report that an average of 90% of passengers eligible to use eGates use them very successfully. The Border Force facilitated over 132 million passenger arrivals last year, with 90% of those within current service standards. The number was even better in the fourth quarter of last year; it was 96.7%. I am grateful for its efficiency and, much as it will regret the occasional blip, none the less it is generally speaking a very strong story.

The noble Lord, Lord Coaker, asked whether the root cause has been identified and rectified. Engineers identified the cause of the outage—and it was an outage—as a capacity issue. That was on an element of the network that controls network traffic within the data centres. The incident was caused by the cumulative effect of changes we have been making to sustain and modernise the network environment; incidentally, those will produce increased resilience over the summer. All the incidents that have affected the eGates have been singular and nothing has been repeated. The technical term for the outage was something to do with a logical network route—at which point, I confess I rather glazed over and did not really understand the further technical remarks that were made to me. But I am reassured that that has been entirely dealt with; capacity has been increased, and this therefore should not happen again—I hesitate to say it will not happen, but it should not.

I turn to the other questions asked of me. There was no malign actor, hacking or cyberactivity associated with this; it was simply a capacity issue with regard to the network infrastructure. That also rules out software and hardware problems; it really was just about system capacity. As I have already said, there were not any vulnerabilities at the border.

I was asked questions about the EU Entry/Exit System. As I have said before from the Dispatch Box, the Government are doing as much as they possibly can to prepare for the implementation of the EES and its impact on British travellers, particularly at the juxtaposed border controls in Dover, at Eurostar in St Pancras and at the Channel Tunnel. We engage regularly with the Commission and the French Government at every level. Beyond this, we hosted the director-general of the Police aux Frontières on his visit to Dover, St Pancras and Folkestone last month. We continue to work with the port operators to understand the impacts of the EES and obviously support their plans to mitigate them.

We are working up plans to make sure that the public are kept abreast of all these new requirements, and that any impacts they may have on their future travel plans are well understood in advance. I believe my right honourable friend in the other place is due to appear before the European Select Committee on this, at which point no doubt much more will become available. The European Commission guidelines have not yet been issued, so there is not much more I can say about the European side.

As regards the timing and phasing of this, obviously the ETAs have now been in operation for a while—certainly going back to last year. They are not, as it were, coincident. The simple fact of the matter is that it may be inconvenient for us if the EU is tightening its border controls, but I respect and defend its right to maintain its own border integrity, as we do.

I was asked about a physical presence at the border. I agree: of course, there must be a physical presence. However, there has been much chatter about things such as roving officers, and so on. I reassure noble Lords that the border is not compromised by a roving officer not being present; they do not control who can pass through the eGates. The eGates undertake all the security measures of passengers who use them.

It is simply not true that this involves reduced control. Individuals who use these eGates—this answers one of the questions asked by the noble Baroness, Lady Randerson—are not routinely questioned by Border Force officers, but they continue to conduct a full range of security checks, and the biometric check they undertake to compare the person with their travel document means that they are a highly effective means of detecting imposters. They are also able to identify pre-existing adverse information about travellers, and individuals subject to information will be seen by a Border Force officer. If officers require information about any person’s previous immigration history, the Home Office has access to data, including advance passenger information and exit record checks, to be able to verify a person’s individual history. Those officers retain the ability to exercise the full range of their powers at the border, and will continue to refuse entry, where appropriate, to those they deem eligible. I agree that it needs to be visible, but it is effective.

To go back to what the ETA actually is, it is a digital permission to travel to the UK for those who want to visit who do not need a visa. As the noble Baroness correctly pointed out, the scheme has already launched for nationals of the Gulf Cooperation Council countries—Bahrain, Kuwait, Oman, Qatar, the UAE, the Kingdom of Saudi Arabia and Jordan. Other non-visa nationals will be able to apply for ETAs later this year. We believe they are making the UK safer, because they enhance the Government’s ability to screen travellers and prevent those who pose a threat getting on a plane, ferry or international train. Of course, by knowing more in advance of travel, our ambition is to increase automation of passenger clearance at the border and generally improve the experience.

I think I have answered all the questions, but I reassure noble Lords that this was a one-off incident and I am reliably informed that it has now been corrected and that additional capacity has been put in place. Obviously, I would not like to claim that it will never happen again but, as far as I am aware, the situation has been dealt with and again I thank Border Force officers and those in the Home Office data and digital team who worked very hard on this.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I will address the last points first. As I said, it was not a software issue that caused this particular outage, so I can deal with that relatively straightforwardly. As regards government contracts, as the noble Lord will be aware, I think they are all published on GOV.UK. I am not sure if this one was or if I am wrong there, but I will check and find out and come back as required.

[Lord Vaux of Harrowden (CB)]

Is it redacted?

[Lord Sharpe of Epsom (Con)]

Yes, I will also check on that.

I did not know about the Amadeus takeover of this particular Portuguese company, but I will make further inquiries and, if there is more to be said, I will write to the noble Lord.

[Lord Bellingham (Con)]

My Lords, will the Minister agree that one of the lessons from earlier outages was the need to be able bring in extra staff and surge staff if it ever happened again? Of course, it did happen again and the fact that the staff were able to get into place very quickly is to be commended and the staff involved need to be thanked and congratulated on their swift response.

The Minister in the other place said that he could not comment further on the root causes of the outage: however, the Minister here went into more detail on that. Is that the update the Minister in the other place promised last Wednesday and is there nothing more that can be mentioned about that and elaborated on? Also, when the EES comes in—which the noble Baroness dealt with at some length—can the Minister tell the House whether it will apply to flights from the UK to airports in the Republic of Ireland?

[Lord Sharpe of Epsom (Con)]

As I have already said, I do not know to what my right honourable friend in the other House was referring when he talked about updates, so I am afraid I do not know whether I have just given an update on his points. What I can say—and should have said in my opening remarks—is that the lessons learned exercise is still ongoing, so I cannot say that that is fully concluded yet because it is not. I am afraid I do not know the answer regarding the Republic of Ireland. From memory, I do not think the Republic of Ireland is a member of the Schengen agreement, so I am not actually sure how that affects it.

[Viscount Stansgate (Lab)]

My Lords, the House will be relieved that what happened was not the result of a cyberattack and did not compromise our borders, but nevertheless, in the Minister’s own words, it was the result of a capacity issue and cumulative changes. In the light of the question asked earlier by the noble Lord, Lord Vaux, is the Minister, in effect, telling the House that there was an upgrade issue? He said that he hoped it would not happen again, but it has happened in the past, and it was because of an upgrade issue. Can the Minister be honest with the House about this, especially bearing in mind that the reputational damage to the UK is so obvious when something like this happens?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I can reassure the noble Viscount that I am being honest. The simple fact is that this is not a repetition of the previous outage, which was unrelated to this capacity issue. The capacity relating to this incident has now been doubled, in effect, so I am confident that the problem is currently fixed. The previous issue related to a different set of upgrades, as far as I understand.

[Lord Teverson (LD)]

My Lords, I shall be a little bit more positive and say, first, that since their introduction these gates have been tremendous in terms of increasing mobility and getting people through airports generally. I welcome them in terms of people being able to travel relatively freely. At the moment—this may be slightly different data from that of my noble friend—I understand that seven non-European nations are able to use the gates, including South Korea. Can the Minister say whether more negotiations are going on and whether we will be able to welcome more nations to this facility? Secondly, Ireland is not part of Schengen; it is part of the common travel area that we are the major part of. One key area for security was the Schengen Information System, which has an alert system in terms of bad guys and people who we would not want to come into this country. Can the Minister remind me whether we are still seeking entry or sharing Schengen Information System data, whether that is still possible or whether it has happened?

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for his positivity, and I could not agree with him more. It is perfectly possibly now to get off a plane and, if you do not have luggage, to be out of an airport within 15 or 20 minutes, which is remarkable—Singapore levels of efficiency, some might say. As regards the sharing of information and Schengen, I am afraid I do not know the answer; I will have to write on that.

[Lord Browne of Ladyton (Lab)]

My Lords, I have an interest in this question. I do not think it is a declarable interest, but I have an interest to this extent: I was a Minister in the early 2000s when these gates were put in the first time. I was responsible, with my noble friend Lord Blunkett, who was the Home Secretary, for installing eGates. I think they have transformed the ability of people to go through our airports, and I am very supportive of them.

I am obliged to Tom Pursglove for reinforcing on 8 May what we were debating for some hours in the previous business, which is that you can never guarantee that any IT system will be 100% reliable 100% of the time. Persuading people that that was the case is what led to the Horizon scandal. I do not want to take the Minister back to where he has been since my noble friend Lord Coaker asked him a question and the two other questions, but Tom Pursglove’s answers need clarification. The Minister has given us some. If the noble Lords do not mind, I am going to read consecutive sentences that Tom Pursglove used when answering this question in the other place. He said:

“When it comes to the root cause of what happened—how we got to this point in the first place—as soon as the fix was put in place, the posture changed to getting us to a place where we better understand the root cause. That work is ongoing, and it would not be right for me to speculate on it, but I can absolutely assure the hon. Gentleman that we will get to the bottom of the issue”.


He then went on to say—and this is what confuses me:

“As for the specific technical issue last night, I am assured that the technical team are confident that there is now a permanent fix to that issue”.—[Official Report, Commons, 8/5/24; col. 594.]


That seems to suggest that he was in a position to say what it was. The important question was asked by my honourable friend Dan Jarvis, against the background of previous e-outages. He sought to find out whether this was the same problem recurring; that was the simple question. If it is not the same problem recurring—I infer from what the Minister said that it is not—that is the answer to the question, but if it is still an issue, I would like to know, as I am sure would other noble Lords. In any event, I suggest that the Minister goes back to Mr Pursglove and tells him to be more specific in answering the question, rather than being in places.

[Lord Sharpe of Epsom (Con)]

I will repeat what I said earlier: there is no relation to any previous incident. In effect, I am being asked to unpick what my right honourable friend in the other place might have meant a week ago, which I simply do not know. I will tell the House what I do know—I have already said this, but I will repeat it. At 7.44 pm on 7 May, a loss of network connectivity caused a number of Home Office IT systems to lose service, including customer services and migration and border systems. Operational policing systems were unaffected, although Home Office access to them was. Due to the timing of the outage, the primary visible impact was at all ports where both eGates and primary control point desks were unavailable. Border Force officers reverted to using PCP laptops, which are not reliant on the network, and the Warnings Index to process passengers. Service was fully restored just after midnight on 8 May. As I said, DDaT engineers identified that the cause of the outage was a capacity issue on an element of the network that controls network traffic in the data centres. The incident was caused by the cumulative effect of changes that we have been making to sustain and modernise the Home Office network environment. That is all I can answer.

[Lord Taylor of Holbeach (Con)]

My Lords, I will recount a personal anecdote, and ask my noble friend the Minister some questions, because I travel frequently between here and the European Union. I had the good fortune to arrive at Gatwick in the mid-afternoon of the day in question; had I not, I might have been stuck, so I felt much relief from my adept timing. However, I am somewhat anxious, given the amount of traffic that one can expect at places such as St Pancras station and the like. I went there with a group from this House to see what is being done to anticipate the queues of people. I know from experience that being at St Pancras and boarding a Eurostar train can be a very time-consuming business—however hard you try, it will be difficult. I am told that a lot of the shops will have to be demolished to provide room for the ETA system to be effectively applied.

Is my noble friend the Minister prepared to give us some notional guidance on how the changes at St Pancras station are developing? The use of eGates there is to be applauded. Schiphol airport has an open eGate system now; I have spent too many hours there waiting for somebody to stamp my passport to know that that is a great advantage. It will be a great advantage to use eGates because of the extension that has been granted from this country into the Netherlands and the reciprocal measure here. What is the situation with St Pancras and its Eurostar eGates?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that, and I am delighted that he did not get caught in the disruption last week. As I said in my opening answer to the Front Benches opposite, the Government are doing everything that we can to prepare for the implementation of EES and mitigate its impacts on British travellers, which particularly applies to the juxtaposed border controls. As I mentioned, the director-general of the Police aux Frontières visited Dover, St Pancras and Folkestone last month. I cannot speculate on what physical changes may be required at St Pancras to accommodate the new systems. My noble friend mentioned the ETA system, but I do not think that that is what he meant; I think that he is talking about the EES. I suspect that the ETA system will not have much impact at all at St Pancras. As soon as I am in a position where I can give an update on any physical or infrastructural changes required in and around St Pancras—and, indeed, at the other juxtaposed border controls—I will be very happy to come back and explain them.

[Baroness Foster of Oxton (Con)]

My Lords, on the point about outage, the same thing happened 12 months ago. It was not necessarily the same issue of capacity but, nevertheless, it is not good enough. We rely so heavily now on numbers to make sure that these eGates work. We work on reciprocity. Reciprocity means that we welcome people from other countries into the UK, inbound, and they can use eGates—not all of them, but we have agreed with a number of countries that this can take place.

That is not the case now when, as UK passport holders, we go to places where we could formerly use eGates. We are fine in Spain and one or two other countries but, when we travel to other places, which are not off the map, we find that we are not allowed to use eGates. Can I ask my noble friend to look into this? It is a matter of fairness that, if we are willing to welcome other countries’ citizens into our country using eGates, it should be a reciprocal arrangement.

[Lord Sharpe of Epsom (Con)]

First, I say again, for the record, that this was not an outage that we have seen before but a unique situation; I say this just to shoot that particular fox. My noble friend makes some very good points. These are matters of high-level diplomacy but I will, of course, look into the reciprocity arrangements that she talks of and see whether there is any more that I can say about that. I suspect that negotiations are ongoing and I imagine that they form part of much bigger discussions.

[Viscount Waverley (CB)]

My Lords, technical challenges have been referred to in some detail in relation to Portugal, with the potential that that country, in which I am resident, is to be suspended from the Schengen system in July. This will presumably cause a whole plethora of additional challenges for the UK tourist industry. All the countries seem to be having these technical problems. I wonder, could there be some kind of discussion to see what could be done working in unison to try to sort it out?

While on my feet, I encourage the Minister to consider the provision under Article 50 of the Lisbon treaty, whereby residents of a country, if non-nationals, may avail themselves of foreign immigration lines. The SEF authorities in Portugal would welcome Ministers from both countries, Portugal and the UK, sitting together, as it would ease their burden. The systems are exactly the same whether you are resident or non-resident, in respect of which lines you have to go through. However, because of Article 50—dare one say it, a colleague in this House was responsible for drawing up that process; a colleague who says, “Not me, guv”—the SEF authorities would very much welcome the Ministers getting together to sort this out by agreement.

[Lord Sharpe of Epsom (Con)]

Again, I am not particularly qualified to comment on Portugal’s internal systems and processes. Perhaps, since he lives there, the noble Viscount could bring his considerable diplomatic weight to bear and help us out a bit. Those discussions should be ongoing. It is, of course, our oldest alliance, so I am sure there is plenty of good will.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will return briefly to the question posed by the noble Lord, Lord Vaux, about the new owners of the software provider having full provision for the ending of support for Windows 10. I do not think the Minister answered that, so perhaps he could write to us later about it.

There are broader questions raised by this incident about the robustness and resilience of critical official systems. I have a Written Question down at the moment about their robustness and resilience against the solar storms we are currently experiencing. I will park that to one side, except to note that, as the noble Lord, Lord Browne, said, external threats will lead to internal breakdowns. We have seen this again and again with the border gate systems. Do the Government have a list or register of the systems for which there has to be an alternative manual arrangement which can deliver at reasonable speed and in reasonable volumes? There is obviously a risk when we are digitising so many systems. Are the Government saying that there are some things for which there has to be a manual emergency system and that they are ensuring that provision?

[Lord Sharpe of Epsom (Con)]

I answered the noble Lord’s question in that I genuinely do not know, so I shall write. As far as I can tell, the noble Baroness’s question ranged from matters of diplomacy to matters of astronomy. It has certainly covered a wide area. She will not be surprised to know that I am not an expert on either. As to whether there is a list of systems where a manual resilience process needs to be maintained, I do not know. Of course, there are certainly lists of priorities which must be maintained at all costs to maintain national security, border integrity and so on. I do not have this to hand but I will investigate the manual side of things. If there is anything useful to say, I will come back on it.

House adjourned at 7 pm.

Immigration (Leave to Enter and Remain) (Amendment) Order 2024

Lord Sharpe of Epsom Excerpts

Monday 13th May 2024 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Order laid before the House on 11 March be approved.

Considered in Grand Committee on 7 May.

Motion agreed.

Modern Slavery National Referral Mechanism: Waiting Times

Lord Sharpe of Epsom Excerpts

Monday 13th May 2024 Lords Chamber

[The Lord Bishop of Bristol]

To ask His Majesty’s Government what steps they are taking to reduce waiting times for ‘conclusive grounds’ decisions under the National Referral Mechanism for modern slavery.

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

My Lords, the Government remain committed to ensuring that victims are identified promptly. We have taken steps to shorten the timelines for making decisions in the national referral mechanism, including new guidance for making reasonable grounds decisions, changes to the online referral form and setting timescales for information to be provided to the competent authorities. We have also significantly increased staffing for the competent authorities and are seeing the results through increased output of decisions.

[The Lord Bishop of Bristol]

I thank the Minister for that Answer. The median waiting time for conclusive grounds decisions in 2023 was 526 days but, for women, the median waiting time rose to 904 days, nearly double that for the whole group. This has a negative impact on them, their families and their children, and it makes it very difficult for swift enforcement action to be taken against perpetrators. What assessment have the Government made of why this discrepancy is so large and what steps are they taking urgently to reduce waiting times for women?

[Lord Sharpe of Epsom (Con)]

I thank the right reverend Prelate for that question. We are working to improve the timeliness of all decisions from all angles. That includes increasing the capacity for decision-making, testing alternative approaches, improving the quality of the information provided as part of the decision-making process, and reducing opportunities for misuse. The statistics are trending in the right direction. In the past two years, almost 30,000 people have had access to the protections of the NRM. Last year, 9,825 conclusive grounds decisions were issued, the highest number since the NRM began. In the first quarter of this year, 5,161 reasonable grounds decisions and 3,893 inclusive grounds decisions were issued, far higher than in any other quarter since the NRM began.

[Lord Griffiths of Burry Port (Lab)]

Can the Minister answer the question about the discrepancy between women and men in the cases cited?

[Lord Sharpe of Epsom (Con)]

I apologise; I should have addressed that. I do not know the precise reason for those discrepancies, but I will look into the details and come back to the noble Lord.

[Baroness Butler-Sloss (CB)]

My Lords, I declare that I am co-chair of the parliamentary group on modern slavery and vice-chair of the Human Trafficking Foundation. Can the Minister say how the NRM will deal with potential victims of modern slavery when the Illegal Migration Act is in force?

[Lord Sharpe of Epsom (Con)]

These are discussions that we have had at considerable length over the past few months. When the IMA is commenced, its modern slavery provisions will strengthen the UK’s continued efforts to mitigate risks to public order by withholding modern slavery protections from those who enter the UK illegally and who therefore put themselves and first responders at risk and place acute pressure on public services. Where someone has entered the UK illegally and is identified as a potential victim of modern slavery, we will ensure that they are either returned home or sent to another safe country, and away from those who have trafficked them.

[Lord Randall of Uxbridge (Con)]

My Lords, I declare my interest as the chairman of the Human Trafficking Foundation. Home Office figures for 2023 include bad faith disqualifications, where someone has been disqualified from protection because the referral or claim was made in bad faith. As it appears that there were zero bad faith disqualifications last year, can my noble friend the Minister say what the evidence is for the claim we hear that the NRM is being abused?

[Lord Sharpe of Epsom (Con)]

The public order disqualification is part of the Nationality and Borders Act, which has also been discussed extensively from this Dispatch Box and over a number of debates. It provides a definition of public order which makes it operationally possible to withhold the recovery period in certain circumstances, in line with Article 13 of the European Convention on Action against Trafficking in Human Beings. All decisions are made on a case-by-case basis.

[Lord Coaker (Lab)]

My Lords, can the Minister explain why the last annual report on modern slavery, as required by the Modern Slavery Act, was published in 2021? When will the Government publish the next annual report? Would that not help us to understand the statistics?

[Lord Sharpe of Epsom (Con)]

My Lords, I have already highlighted that a lot of statistics have been published. I do not know specifically when the next report is due to be published, but I will find out.

[Lord Watts (Lab)]

My Lords, will not the new provisions that the Government introduce make it less likely that witnesses come forward? Will that not be welcomed by traffickers, who will see it as an easy way of not getting caught?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

No. I do not see why it would make witnesses less likely to come forward.

[Baroness Hamwee (LD)]

My Lords, does the Minister not recognise that delays with the NRM leave potential victims without the security that they would otherwise have and—following on from the last question—make them more open to further exploitation and re-trafficking? Does he also recognise that many victims of trafficking are British citizens?

[Lord Sharpe of Epsom (Con)]

What I recognise is that this is very complicated. Referrals into the national referral mechanism are made by a number of public authorities, including the police, local authorities and so on, as well as non-governmental organisations. Then, one of the two competent authorities takes a look and makes an initial reasonable grounds decision, following which a potential victim is entitled to a minimum 30-day recovery period, unless there are grounds to disqualify them from that entitlement. The recovery period lasts until a conclusive grounds decision is made. These cases are very complex. In many cases, there is insufficient evidence and information in the referral form, so the competent authorities must consider all the information available to them and request it from various other authorities over which they have little or no operational control, and they do not have investigatory powers. This is extraordinarily complicated, but of course I recognise the victims’ distress.

[Lord Alton of Liverpool (CB)]

My Lords, the Minister must have had in mind the Salvation Army when he was talking about non-governmental agencies. Over the past 13 years, it has dealt with over 22,000 cases that it has referred to the national referral mechanism. Yet, in data that it has produced, it points out that the delays have risen from the very modest five-day target in 2023, which was often realised, to 47 days now. It also says that there are technical deficiencies with the NRM. Will the Minister agree to meet senior officials from the Salvation Army to discuss the practicalities and issues arising as a result of the delays?

[Lord Sharpe of Epsom (Con)]

Yes, I am very happy to do so. The Salvation Army deserves great credit, because it is contracted to offer a lot of the services that are delivered via the NGOs to the victims.

[Lord Meston (CB)]

My Lords, as the Minister has said, assessments to identify and support victims of trafficking, for whom any delay is harmful, can be complex and time-consuming. How many children are involved in the increasing backlog, either as victims themselves or as the children of victims? Do cases involving children receive any priority—and, if so, how?

[Lord Sharpe of Epsom (Con)]

Of course, there are a lot of age-disputed cases in the system, so it is difficult to give the noble Lord a precise answer on that. There are decision-making pilots for children which are much quicker at making decisions. They are taken through a multi-agency structure of the local authority, health and police as a minimum. The safeguarding partners have a responsibility to obtain and present evidence at meetings where decisions are taken, so they are dealt with slightly differently.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, this morning in the High Court in Belfast, a judgment disapplied certain elements of the Illegal Migration Act as they contravened Article 2 of the Windsor Framework. What assessment does the Minister, who brought the legislation through this House, have of that judgment?

[Lord Sharpe of Epsom (Con)]

I am afraid that is the first I have heard of it, so I have no opinion on it.

[Baroness Brinton (LD)]

My Lords, the Modern Slavery and Human Rights Policy and Evidence Centre’s paper on the 2023 national referral mechanism statistics notes with some concern that the data raises

“significant questions over the decision-making process”

as a result of changes to the statutory guidance that came in in January 2023 and not changes in the number of likely victims of modern slavery. Can the Minister say that the systems do not put victims of modern slavery at further risk?

[Lord Sharpe of Epsom (Con)]

I go back to an earlier answer I gave, that these are extraordinarily complex cases and, therefore, the guidance has to be refined in light of those cases periodically. I do not know to what specifically the noble Baroness is referring but, as far as I am aware, it does not make it any more complicated.

[Lord Coaker (Lab)]

My Lords, I should have referred to my interest as a trustee of the Human Trafficking Foundation, as laid out in the register, at the beginning of my question. I apologise for that.

Inadmissible Asylum Seekers

Lord Sharpe of Epsom Excerpts

Thursday 9th May 2024 Lords Chamber

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

My Lords, I thank the noble Lord, Lord German, and all noble Lords who have contributed to this debate. As noble Lords are aware, the UK has a long and proud tradition of providing safe haven to those who genuinely need our protection, and we remain committed to providing such protection, in accordance with our international obligations.

The matter of the Government’s proposed approach to addressing the cohort of individuals who have entered the United Kingdom since 7 March 2023 is therefore an important one. It may be helpful if I set out, in general terms, the Government’s approach and recent successes in clearing the asylum legacy backlog, give a brief update on the Government’s aims for deciding the asylum claims which have been made since 7 March and clarify how inadmissibility provisions will be applied. Before I do that, again none of the speakers addressed the simple question of why people have to claim asylum in the first safe country. It seems to be forgotten repeatedly and often that these arrivals in this country have all left a safe third country. It is a long-standing principle that those in need of genuine protection should claim asylum at the earliest opportunity, in the first safe country they reach, and this is the fastest route to safety.

I remind the House of the progress the Home Office made in 2023 in clearing asylum legacy backlog. As noble Lords will recall, the legacy backlog comprised 92,601 asylum claims lodged before 28 June 2022, when provisions within the Nationality and Borders Act came into force. The Prime Minister committed on 13 December 2022 to clear this backlog by the end of 2023. The Prime Minister’s commitment to clear the backlog was delivered at the end of the year and, in total, 112,000 asylum cases were processed in 2023. Increased efficiency and capacity saw the Home Office not just clear the backlog but exceed it by also processing over 25,000 asylum claims lodged on or after 28 June 2022. To achieve the success of 2023, the Government enhanced processing and deployed an additional 1,200 caseworkers, thus meeting the target to double the number of asylum caseworkers and increasing productivity.

As of 14 April 2024, there were 2,545 full-time equivalent decision-makers in post, answering the question of the noble Lord, Lord German. That is nearly double the number of asylum caseworkers in April 2023. In addition, the streamlined asylum process was developed as part of the legacy backlog clearance strategy for adults. It centred around accelerating the processing of manifestly well-founded asylum claims from legacy claimants of certain nationalities, such as those from Afghanistan, Eritrea, Libya, Syria, Yemen and, more recently, Sudan. This involved the use of an asylum questionnaire provided to claimants allowing them to explain why they required protection status in the UK. The United Nations High Commissioner for Refugees welcomed the introduction of the streamlined asylum process, publicly stating

“Removing the requirement for substantive interviews through the use of a questionnaire for asylum seekers from certain countries with very high grant rates should meaningfully reduce the current backlog of cases awaiting adjudication. Simultaneously, the procedure should uphold appropriate safeguards by maintaining individual interviews before any negative decisions are made”.


Since April 2023, children’s claims from high grant rate nationals of Afghanistan, Eritrea, Sudan, Syria and Vietnam have also been considered through the streamlined asylum process. It remains a key priority to consider claims as efficiently as possible, to clear the asylum backlog and to reduce the number of people on asylum support, in turn reducing the burden on taxpayers. By our speeding up decision-making, asylum seekers are given the certainty they need to plan for their future. In 2024, flow claims—those lodged on or after 28 June 2022 and before 7 March 2023, as well as asylum claims from those who arrived before 7 March 2023—are being prioritised now that the legacy claims have been cleared.

The Home Office has continued to build on existing processes and systems in its approach to tackling this latest cohort of claims. For example, the streamlined asylum process was extended to include eligible claimants from 28 June 2022 to 6 March 2023. During July 2023, the streamlined asylum process for children’s claims was also rolled out to claims from the same nationalities lodged from 28 June 2022 until 6 March 2023. We have recently redesigned the statement of evidence form for children, making the process quicker and more streamlined. The process for accompanied and unaccompanied asylum-seeking children enables cases to be progressed more quickly.  The latest provisional data shows that, as of 14 April 2024, there were 7,358 outstanding claims made on or after 28 June 2022 and before 7 March 2023. This demonstrates that we are making good progress on clearing the remaining claims. That means that the Government have made excellent recent progress in clearing both the legacy and, shortly, the flow backlog of asylum claims. The Government remain committed to their objective of deterring illegal migration to the UK and stopping the boats.

The Government are clear that those who fear persecution should claim asylum in the first safe country they reach, and not put their lives at risk by making unnecessary and dangerous journeys to the UK. Illegal migration from safe countries undermines our efforts to help those most in need. Controlled resettlement, via safe and legal routes, is the best way to protect such people and disrupt the organised crime groups that exploit migrants and refugees.

[Lord German (LD)]

I wonder if I could ask about those who come directly to this country and those who pass through other countries? Given that nearly two-thirds of all people who are here irregularly do not come in small boats, what percentage have come directly? For example, those who overstay visas have not come via a third country but have arrived directly. I understand that the Government do not know how to split up that two-thirds, but is there any data on the numbers arriving here directly in that 60-odd percent?

[Lord Sharpe of Epsom (Con)]

I can reassure the noble Lord that I am coming to a more detailed set of number shortly, if he will bear with me. The safe third country inadmissibility policy is a longstanding process, intended to encourage individuals to claim asylum in the first safe country they reach. That is an established part of international asylum procedures, applied across the EU and explicitly provided for in UK law, including in the strengthened provisions introduced in the Nationality and Borders Act 2022.

 With the exception of unaccompanied asylum-seeking children, those who choose to travel from a safe third country such as France, and then claim asylum in the UK may find their claim treated as inadmissible to the asylum process. That means that the UK will not consider the substance of the person’s claim and will seek their removal to a safe country.

In answer to the right reverend Prelate about facilities in France, anyone detained at the border is held for the shortest time possible. We prioritise processing children and vulnerable people as quickly as possible. Individuals in detention are held in safe and decent conditions. There are established procedures in place in every facility to monitor people’s welfare and safeguarding needs. These facilities are subject to inspection by HMG’s Inspector of Prisons, accompanied by their French counterpart, to ensure that they are of the highest standards.

 It is in this context that current removals to Rwanda may apply. Any individual who is otherwise suitable for an inadmissibility decision and who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda, under the Migration and Economic Development Partnership. Individuals will only ever be removed to a third country when that country is safe and removal is appropriate, according to the individual’s particular circumstances.

Once commenced, the provisions in the Illegal Migration Act will further strengthen our approach to inadmissibility.  When a person meets the four conditions under Section 2 of the Act, they will be subject to the duty to remove. Any asylum or human rights claims made against the person’s country of origin will be declared inadmissible. The UK will not consider the substance of the person’s claim and will seek their removal either to their home country—if it is safe to do so—or to a safe third country, such as Rwanda.

As of 14 April 2024, there were 21,313 outstanding claims made between 7 March and 19 July 2023. In addition, there were 51,925 outstanding claims made on or after 20 July 2023. I would caution that this data is provisional. It is taken from live operational databases and has not been cleansed to remove duplicates. The finalised figures as at the end of March 2024 will be published later this month.

 

The right reverend Prelate also asked me about the numbers of missing children. There are 111, they are all male and 98 have reached the age of 18. There are 13 left who are under the age of 18.

These provisions will apply to both adults and children. The duty to remove does not require the Secretary of State to make removal arrangements for unaccompanied children, but there is a power to remove unaccompanied children in limited circumstances, such as family reunion with a parent. However, any asylum or human rights claim made against the child’s country or origin will be declared inadmissible. Taking these measures will send a clear message that children cannot be exploited and cross the channel in small boats for the purpose of starting a new life in the UK.

Once commenced, these inadmissibility provisions will apply to those who are subject to the duty to remove under the Illegal Migration Act, and who entered or arrived illegally on or after 20 July 2023. As all asylum claims are generally worked in date order, the next cohort of asylum claims that are due to be progressed are those made by individuals who arrived in the UK after 7 March 2023. Further information will be published on our plans to decide these cases in the coming weeks. I am afraid there is no more I can say at this point.

[Baroness Hamwee (LD)]

I appreciate that the time allocated for the Minister is passing but, since several noble Lords took far less time than their allocation, I am sure the House will be sympathetic if he continues.

I think he has finished with the numbers, which he said would answer my noble friend Lord German; I am not sure that they have. On the same subject, the only way to come without crossing the channel would be to fly or to be here already, because we are an island. The report on safe routes published some months ago merely reported on what the safe routes are, without proposals for new safe routes. Can the Minister tell the House what proposals the Government have in mind so that their conditions can be fulfilled? I also hope he can answer the question from the noble Lord, Lord Coaker, about the reporting.

[Lord Sharpe of Epsom (Con)]

The noble Baroness will be aware that under the provisions of the Illegal Migration Act, a consultation process took place with local councils and authorities to find out what their local capacities are. I believe that consultation process has concluded, but I do not yet know the outcome. That will presumably inform the debate as to the safe and legal routes that may or may not be made available after we know the numbers.

We are continuously working through cases that could not previously be progressed as they require further investigation. The difficult cases typically relate to asylum seekers presenting as children, where age verification is taking place; those with serious medical issues; or those with suspected past convictions, where checks may reveal criminality that would bar asylum.

To come on to a few of the more specific questions, I can say confidently that detention capacity is sufficient. I cannot comment on other operational aspects around detention, but as of 24 April there were 2,200 people in immigration removal centres, which includes those liable for removal to Rwanda.

In answer to the questions from the noble Baroness, Lady Hamwee, I can say that any evidence presented by an individual will be considered on its own merits. The information needs to be substantial and reliable and support the claim being made.

In answer to the questions from the noble Lord, Lord German, about our ODA spend, that is all reported in line with OECD rules. We do not include support costs for those in detained accommodation, nor for those whose asylum claims have been declared inadmissible.

[Lord German (LD)]

I am sorry to interrupt again, but can the Minister answer the question? His officials told the committee in the other House that there is ongoing discussion about whether the continuous use of ODA is possible. Have those discussions with the Treasury reached a conclusion, and is the Minister able to say that it is certainly possible to spend this money now?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have that information to hand. I will see whether I can find it, and I commit to write to the noble Lord if I can.

I turn to other aspects of the various questions I was asked. The noble Lord, Lord Hussain, asked about individuals who were previously present in a safe third country and entered the UK by a dangerous and unnecessary method. I am afraid that they are liable to relocate to Rwanda. It is an ongoing operational matter, so I am unable to provide a running commentary on individual numbers or cases.

In answer to the comments by the noble Lord, Lord Coaker, about colleagues, I note that he now has a colleague who says:

“Don’t trust Labour on immigration they really want open borders … The Government wants to close legal loopholes … Labour seems intent on creating them”,


and

“Labour … are not serious about stopping small boats, tackling criminality, protecting people from the smuggling gangs or saving lives in the Channel”.

What on earth did the colleague mean by all that? I think the noble Lord knows.

As I hope I have made clear, the Government recognise the crucial importance of having in place a robust operational plan to deal with individuals who have outstanding asylum claims in the UK. We are getting on with the job; we will have a lot more to say on this subject, and I expect to be questioned on numerous future occasions on this very subject. I have little else to add.

[Lord Empey (UUP)]

The Minister did not manage to answer the question from my noble friend Lord Rogan about the situation between the United Kingdom and the Irish Republic. I am sure he would appreciate an answer.

[Lord Sharpe of Epsom (Con)]

With apologies, I did mean to, but for obvious reasons I cannot comment on the internal policies of another country, and I do not think it would be appropriate to do so in this case.

Rural Crime

Lord Sharpe of Epsom Excerpts

Thursday 9th May 2024 Lords Chamber

[The Earl of Shrewsbury (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare my interests as a retired farmer and a member of the National Farmers’ Union.

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

My Lords, since 2010, overall incidents of crime have come down by 55% on a like-for-like basis. The Government are committed to tackling rural crime. Decisions on deployment of police resources are a matter for chief constables and locally elected police and crime commissioners. However, the Government set up the National Rural Crime Unit to help police secure specialist operational support, develop bespoke approaches and share best practice.

[The Earl of Shrewsbury (Con)]

My Lords, I am grateful to my noble friend for that reply. Rural theft cost the UK £49.5 million in 2022 and that overall trend is increasing exponentially today. Fly-tipping continues to be the most prolific form of rural crime. Is my noble friend satisfied that the punishments meted out to those who commit rural crime—if indeed they are caught—provide an effective deterrent? Does he agree with me that the results of the recent election of police and crime commissioners provide an opportunity for those elected to prove their support for rural issues, especially in the fight against rural crime?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My noble friend made a couple of very good points. First, the Equipment Theft (Prevention) Act 2023 was given Royal Assent in July last year. Secondary legislation is needed before it comes into force and work has begun on the necessary regulations, with a view to hearing debates in Parliament in this Session. As noble Lords will be aware, there has been some progress on equipment theft; in fact, there was a story this morning in the Daily Telegraph and commendations go to Kent and Thames Valley Police for having arrested seven people relating to a hoard of over 1,000 suspected stolen items. It is not really my place to comment on sentencing, but I do think that significant progress is being made.

[Lord Wigley (PC)]

My Lords, will either the Minister or those in his department have a specific meeting with the newly re-elected police commissioner for Dyfed Powys, Dafydd Llywelyn, who represents one of the most rural areas in the whole of England and Wales? There have been specific crimes in that area that need investigation and possibly increased powers to deal with them. Will he give such a commitment?

[Lord Sharpe of Epsom (Con)]

I would of course be very happy to meet the said gentleman. Let me go into the details of the National Rural Crime Unit a little. It was established in January 2023, with a grant of £300,000. It is working and was set up with a significant input from the National Farmers’ Union, as noble Lords will be aware. The unit has made a real difference; Farmers Weekly reported on 25 April:

“They have absolutely changed the playing field in terms of policing”.


So the first port of call should be to superintendent Andrew Huddleston in that unit, which is doing great work.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.

[Lord Campbell-Savours (Lab) [V]]

My Lords, I congratulate the hugely experienced David Allen on his election as crime commissioner for Cumbria. With 47 million visitors to the Lakes annually and an associated increase in rural crime, will Ministers respond to his early call for resources to fund a major expansion in the automatic number plate recognition programme? We need it to cover our arterial road system, in particular the A66 and A69. As a matter of note, Vauxhall in London has more of these cameras than the entire county of Cumbria.

[Lord Sharpe of Epsom (Con)]

On resources, there are now over 149,000 police officers in England and Wales, which is a higher number than any time before. The Government have also confirmed a total police funding settlement of up to £18.4 billion next year, which is an increase of £842 million. On how the money is spent locally, the noble Lord will be aware that those are very much local decisions, but I hear what he says and he made some interesting points.

[Lord Birt (CB)]

My Lords, I am a member of the APPG on metal theft and we have identified and reported on the enormous and growing scale of metal theft in rural areas, which of course has a massive impact on rural communities. Church roofs are stolen; a kilometre or more of copper cable is extracted from the local comms system, taking out telephone networks; and so on. Such crime is overwhelmingly committed, we heard in evidence, by organised criminal gangs. They are rarely caught and rarely held to account. Does the Minister think the police have the right strategies and tactics for handling organised crime in rural areas?

[Lord Sharpe of Epsom (Con)]

Again, the noble Lord makes some very good points. As he will be aware, operational decisions are taken locally, so that is a matter for chief constables in conversation and association with their police and crime commissioners. But plenty of national resources are available, as I have already highlighted.

[Lord Coaker (Lab)]

My Lords, notwithstanding the figures that the Minister just gave us, the National Farmers’ Union Mutual says that 80% of its members have reported disruption from crime in their areas. One specific ask from the National Farmers’ Union Mutual is for improved protection to be given by extending the Equipment Theft (Prevention) Act to include GPS theft from farmed vehicles. Will the Government consider doing that as a matter of urgency?

[Lord Sharpe of Epsom (Con)]

That is a very good point. We still have to commence the Equipment Theft (Prevention) Act, as he knows, and a call for evidence went out last summer seeking views on the secondary legislation, as required. That would be the appropriate place for making these points and discussing this. It has been targeted at agricultural and construction sectors—manufacturers, dealers, retailers and so on. I wait to see what the results of that call for evidence deliver, but I think the noble Lord makes a very good point—and, going back to the story about Kent that I referenced earlier, it was because of a GPS tracker that these people were caught.

[The Lord Bishop of St Albans]

My Lords, it is recognised that one niche area of rural crime by organised crime groups is laundering money through events such as illegal hare coursing, which is causing a huge problem. We were very grateful for the recent support of the Government in trying to bring an amendment to the Police, Crime, Sentencing and Courts Act, but is the Minister sure that the new police and crime commissioners not only understand the problem but have the right training in place so the law can be implemented?

[Lord Sharpe of Epsom (Con)]

First, I commend the right reverend Prelate on his work in introducing the amendment to that particular Bill. It came into force on 1 August 2022 and, without his efforts, I do not think it would have happened. Hare coursing is not a notifiable offence, but the statistics I have are very encouraging. There has been a 60% reduction in the poaching of both hare and deer over the course of the 2022-23 season. The National Rural Crime Unit informs us that there has been an increased use of criminal protection notices when used alongside the new measures, including those involved with hare coursing. I was very pleased to hear about the successful prosecution of two individuals in Lincolnshire last week for hare coursing. So, it would seem to bear out that enough work is being done, but of course I will follow up and, if there is more to say, I will come back to the right reverend Prelate.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we hear more in the media about crimes in urban areas and cities due to the numbers. However, many rural crimes are serious. Cuts in bus services and the decimation of youth services have left young people adrift. Young people are vulnerable to predation by criminal drug gangs running county lines. Prevention is always better than cure. Why have the Government abandoned vulnerable young people in rural areas?

[Lord Sharpe of Epsom (Con)]

Well, that was more of a statement than a question and I do not think the Government have abandoned rural young people.

[Lord Farmer (Con)]

My Lords, Julia Mulligan, our very good North Yorkshire police and crime commissioner, brought out a report five years ago about the wide gap in support between rural and urban victims of domestic abuse. That report, Captive & Controlled, stated:

“Abuse lasts, on average, 25% longer in the most rural areas”.


Can my noble friend assure me that this gap has narrowed, and how has this been achieved?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a good question, but the findings of the Captive & Controlled report are not easily replicated, so it is difficult to give him the assurance he seeks that the gap is narrowing. But teams in the Home Office and Defra have sought to understand the additional challenges that victims in rural communities face, and we have invested to help address those. That includes funding for an older persons’ rural domestic abuse practitioner in Northumberland and support for children, young people and families in rural communities in Shropshire and Devon. I would also say that the duty to collaborate we are introducing through the Victims and Prisoners Bill will further help police forces understand and commission to meet the needs of the victims in their communities.

[Lord Bird (CB)]

My Lords, would the Government agree with me that there is a direct relationship between crime and poverty? What are we doing, really, about all the things that are happening in the countryside that are stripping people of jobs? It is very, very difficult to get a job in the countryside that pays enough for you to live on the wage. It is a low-wage economy.

[Lord Sharpe of Epsom (Con)]

That may be the case, but there are also lots of good opportunities in the country and, of course, we live in a world where the gig economy gives people opportunities to live pretty much wherever they want.

Immigration (Leave to Enter and Remain) (Amendment) Order 2024

Lord Sharpe of Epsom Excerpts

Tuesday 7th May 2024 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Immigration (Leave to Enter and Remain) (Amendment) Order 2024.

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

My Lords, this draft order, which was laid before Parliament on 11 March, will make amendments to the Immigration (Leave to Enter and Remain) Order 2000. It will remove an inconsistency between the 2000 order and the findings of a High Court judgment in proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements relating to the EU settlement scheme. That scheme enables EU, other EEA and Swiss citizens living in the UK by the end of the EU exit transition period on 31 December 2020, and their eligible family members, to obtain a UK immigration status. It gives effect to key aspects of the UK’s commitments under the citizens’ rights agreements—that is, the EU withdrawal agreement and the equivalent agreements with the other EEA states and Switzerland.

In line with the agreements, the 2000 order provides for an EU settlement scheme status holder to lose their immigration permission automatically after more than a specified period of absence from the UK. For a pre-settled status holder, the specified period is currently two years’ absence; for a settled status holder, it is five years’ absence. Swiss citizens and their family members have a specified period of four years, due to differences in the terms of the citizens’ rights agreement with Switzerland.

The High Court judgment found that, where a pre-settled status holder has rights under the EU withdrawal agreement or the agreement with the other EEA states—Norway, Iceland and Liechtenstein—they can automatically acquire a right of permanent residence, which is another form of settlement, once the conditions for it are met, and so benefit from the longer period of absence. The effect of the judgment is that the 2000 order is inconsistent with that legal position because the order does not cater for the group of pre-settled status holders who have automatically acquired a permanent residence right.

That ability does not extend to Swiss citizens and their family members due to the different terms of the Swiss citizens’ rights agreement. The EU settlement scheme is also more generous than the citizens’ rights agreements as regards eligibility criteria and because, for pragmatic domestic policy reasons, it is open to wider groups of people than those covered by the citizens’ rights agreements. As a consequence, not all pre-settled status holders can automatically acquire a permanent residence right.

However, to achieve consistency, the draft order provides for all those granted leave under the EU settlement scheme to benefit from the longer absence period before their immigration permission lapses. This is irrespective of whether such individuals hold pre-settled or settled status, and whether they are from the group that has acquired a right of permanent residence.

We have done that for reasons of simplicity and operational practicality. Generally, a Border Force officer will not know on initial examination if a pre-settled status holder has obtained the right of permanent residence, as that would require a detailed examination of the circumstances and relevant evidence, which is often impractical at the border.

The change to the 2000 order does not prevent the Home Office from cancelling pre-settled status where a holder who has not acquired a right of permanent residence has been absent from the UK for longer than the period permitted by the relevant citizens’ rights agreement, which is generally six months in a rolling 12-month period. The scope of this action will remain available by decision under the Immigration Rules, rather than by lapsing of leave under the 2000 order.

For the avoidance of doubt, the draft order does not extend the permitted absence periods for holders of pre-settled status, which are set out in the relevant citizens’ rights agreements. It affects only the automatic loss of leave under the 2000 order.

The draft order gives clarity to citizens by bringing our legislation in line with the legal position as determined by the findings of the High Court judgment. It achieves that in the simplest and most sensible way while not preventing the Home Office from taking the appropriate action where a person is no longer eligible for leave under the EU settlement scheme. I beg to move.

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[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we support the order as well, and I thank the Minister for introducing this SI. Currently, pre-settled status lapses when somebody is outside the UK for a period of two years or more continuously; settled status lapses after five years of absence.

A court ruling, referred to by the noble Baroness, Lady Hamwee, found in late 2022 that, first, applicants granted pre-settled status should not lose their rights of residence if they do not make an application for settled status. This was on the basis that the wording of Article 13(4) of the withdrawal agreement makes it clear that a right of residence can be lost only in very specific circumstances. The expiry of the status was not among them. Secondly, the consequence of the above is that settled status rights accrue automatically once the conditions of such status have been satisfied by the individual without the need for a second application.

As we have heard from the Minister, this SI aligns the law with this ruling in ensuring that pre-settled status can lapse only after five years’ absence. The Government also announced last year that some pre-settled status holders will be automatically changed to being settled status holders this year.

Can the Minister confirm how many people have applied to switch from pre-settled to settled status but are currently waiting for a decision on their applications? We know that there is still a backlog. Will he tell us what information the Home Office has on the number of people who currently meet the eligibility criteria to switch from pre-settled to settled status but have not yet submitted an application to do so?

In July 2023, the Home Office said that its intention was to take steps to automatically convert as many eligible pre-settled status holders as possible to settled status once they are eligible for it, without them needing to make an application. Can the Minister update us on the progress of those plans? As he has acknowledged, the draft order seeks to implement a change to current legislation that is required as a result of the court’s decision. We approve of the order but I would be interested in the answers to those questions. They are actually the same questions that were asked in the other place when this matter was considered.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank both noble Lords for their contributions to this relatively short debate. It is worth saying to start that the EU settlement scheme has been a great success—and I shall come on to the numbers in a second. We have gone above and beyond our obligations under the citizens’ rights agreements and are pleased that so many families, friends and neighbours have obtained the status that they need to remain in the UK.

To respond to the various points, the noble Lord, Lord Ponsonby, asked me about facts and figures. This also answers a point that the noble Baroness, Lady Hamwee, made. There is no complacency here: as of 31 December 2023, 7.7 million applications were made to the scheme by an estimated 6.2 million people, of whom 5.7 million have obtained a grant of status. We have received 1.7 million applications since 30 June 2021, of which 38% were late applications; 39% were repeat applications, including those moving from pre-settled to settled status; 23% were joining family members; and 1% were from derivative rights applicants—please do not ask me what that means, because I do not know.

Nearly 1.6 million of the applications received since 30 June have been concluded; 746,000 people have moved from pre-settled to settled status, which represents more than half of repeat applications, and contributes to settled status outcomes being proportionately high when looking at the monthly outcome figures in the quarterly statistics. Application intake has remained high—the average monthly intake for the final quarter of 2023 was approximately 51,000. However, we continue to conclude more applications than we receive, concluding on average more than 57,000 applications a month.

Finally, there are 121,830 pending applications, compared to 142,430 in the previous data released to 30 September 202, which is a 14% reduction. I appreciate that that was a lot of numbers. It might be helpful if I commit those to paper and send them to both noble Lords.

The order is not retrospective, in answer to a question from the noble Baroness, Lady Hamwee. If the leave of a pre-settled status holder lapses before the coming into force of this order and they have not obtained a withdrawal agreement right of permanent residence, they will have lost their immigration permission to enter or remain in the UK. That is consistent with the citizens’ rights agreements, because the point at which pre-settled status currently lapses, after more than two years of absence, is more generous than any of the periods of absence permitted under the agreements.

On why we have not given pre-settled status holders a more generous permitted absence period in line with the draft order, the current provisions already allow pre-settled status holders significant periods of absence while maintaining their status. We have gone further than required by the citizens’ rights agreements. There are no plans to take a more generous domestic approach to permitted absence periods for pre-settled status holders than those set out in the agreements. Pre-settled status is a route to settlement, and we expect an individual to show a level of commitment to the UK. Not only are these absence periods well established under previous immigration arrangements with the EU; it would be unfair on UK nationals in EU member states who would not benefit from such greater flexibility.

The noble Baroness, Lady Hamwee, asked me why we were slow to implement the judgment. By virtue of UK domestic law, the withdrawal agreement as interpreted by the judgment is directly effective, which means that the rights are, and always have been, available to citizens. Our implementation is therefore focused on ensuring that it continues to be easy for citizens, government departments and third parties, such as employers and landlords, to evidence rights or check that they are in place. Some of that work is not straightforward and necessarily takes time. No guidance on the order has been published, but it will be shortly.

Finally, I thank the noble Baroness for submitting her specific question, which was about confirming that the GOV.UK web pages make it clear that the change made by the SI will not benefit a holder of pre-settled status who does not have permanent resident rights. The change will benefit pre-settled status holders who have not acquired a withdrawal agreement right of permanent residence by extending the five-year lapsing provision to all EUSS status holders. I can confirm that the GOV.UK pages will be amended to clarify the position for leave that has lapsed before and after the order comes into force. The position remains that the easiest way for a pre-settled status holder to prove their right to live permanently in the UK is to apply for settled status.

I hope that that addresses all the points raised today. I appreciate that this is a particularly complicated subject. In conclusion, the draft order upholds the judgment of the High Court; it ensures consistency in the legal framework and does so in a simple, practical and workable way. I thank noble Lords for their support and commend the order to the Committee.

Motion agreed.