Sir Edward Heath: Operation Conifer

Lord Sharpe of Epsom Excerpts

Wednesday 17th January 2024 Lords Chamber

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

My Lords, I thank my noble friend Lord Lexden for securing this debate. I recognise that this is an issue of long-standing interest for him and all other noble Lords who have contributed. I thank them particularly for their many personal experiences of Sir Edward Heath, the great statesman, especially those reminiscences from my noble friend Lord Waldegrave, and the noble Lords, Lord Hunt and Lord Birt. While I commend my noble friend Lord Lexden for his tenacity, I am afraid that my response will not differ greatly from that which I have given in the past. Nevertheless, I will again set out for the House the Government’s position.

The first point to make is that it is unfortunate that Operation Conifer was not able to resolve conclusively the position in respect of all the allegations made against Sir Edward. I appreciate the strength of feeling from Sir Edward’s friends and former colleagues that this traduces his memory, but I must, once again, make very clear the point that it does not. The Operation Conifer summary closure report emphasised that no inference of guilt should be drawn from the fact that Sir Edward would have been interviewed under caution had he been alive.

I think we can all agree that it is deeply unfortunate for all concerned that these allegations did not come to light until after Sir Edward’s death. We can certainly agree that the manner in which the then chief constable of Wiltshire Police, Mike Veale, chose to publicise those allegations deserves the censure it has rightly received. Indeed, Mr Veale has admitted that his actions in that respect were inappropriate. As the noble Lord, Lord Macdonald of River Glaven, pointed out, and I agree, it was, in fact, a new low.

However, we must separate the understandable opprobrium for Mr Veale’s mistakes from a clear-sighted, objective and fair assessment of the investigation and its outcomes. Of course emotions run high in this case—indeed, it is laudable that noble Lords show their loyalty and long-term commitment to the cause of their friend and, as my noble friend Lord Cormack noted, a great statesman—but the Government cannot and should not be guided by emotion, nor by the status of individuals. It is certainly not a unique situation that a deceased individual has allegations made against them to which they are unable to respond, and there can be no justification for treating that individual differently because he or she was a former Prime Minister. There are important principles at stake. It is a fundamental tenet of our legal system that anyone accused of a crime is innocent until they are proven guilty. To maintain that Sir Edward’s reputation is besmirched by the fact that unproven allegations have been made about him is to undermine that precept.

Another critically important principle is at stake, however uncomfortable, and it certainly is in this instance: we must continue to uphold the right of the individual to challenge the holders of power in this country, be they institutions or those occupying high office. I can do no better than echo the words of the 2017 Guardian editorial referenced in the briefing note on Operation Conifer, which was published last Friday by the House’s Library. It said:

“Yet there is a good defence of the decision to investigate, and it must be heard. It rests on the Human Rights Act, which exists to protect individuals in their dealings with official power. The supreme court is due to rule whether the police are always obliged to investigate allegations of serious crime, after the appeal court upheld the argument that the greater the power of the agency of the state, the stronger the duty to investigate allegations made against it. So the police investigation into allegations against Edward Heath was not a futile attempt to bring a dead man to justice, but an important exercise in upholding the right of the citizen. This may be scant comfort to Heath’s friends. But it is an important principle”.


That was written in 2017, of course, but it remains pertinent. I agree with the noble Baroness, Lady Doocey, that upholding the rights of the citizen is paramount. Indeed, even this week we have seen many instances of the consequences of the failure to do that.

Of course, it was subsequently proved that the allegations were those of a deranged fantasist, and he is rightfully serving a very long sentence for his crimes, but we also must acknowledge—and not one speaker has mentioned this—that significant political cover was afforded to that individual by some senior politicians, including Members of your Lordships’ House. That is also regrettable and deserves to be on the record.

We cannot lose sight of our duty to uphold the rights of the citizen, whatever our personal views about the merits of the citizen’s case. In line with that principle, I reiterate that the Government have given this matter careful consideration and concluded that there are still no grounds to justify a review or intervention by the Government. The Government do not have plans to commission a review of either the conduct of the investigation into allegations made against Sir Edward or the findings of that investigation.

I know this will disappoint noble Lords, but I must underline again that the investigation has already been subject to considerable external scrutiny by an independent scrutiny panel, two reviews by Operation Hydrant in September 2016 and May 2017, and a review in January 2017 by Her Majesty’s Inspectorate of Constabulary, as it was then. These reviews concluded that the investigation was legitimate and proportionate. Furthermore, questions about the national guidance that the force was following in conducting the investigation have already been picked up by the College of Policing.

I have explained in considerable detail at various other outings on this subject the scrutiny that the original investigation has been subjected to, so I will not repeat all that, but some noble Lords have proposed a more limited review of the allegations in respect of which Wiltshire Police has said that it would have interviewed Sir Edward had he been alive. Such a review, it is proposed, might consider whether any of those allegations would have justified a decision by the Crown Prosecution Service to prosecute, but the ability of a review to do this would, of course, depend on the evidence itself. But it is not for the Government to commission reviews of evidence in respect of individuals. This would be a matter for the local force if it considered it to be appropriate.

I have to a large degree retraced—

[Lord Butler of Brockwell (CB)]

My Lords, may I just contest the point the Minister has just made? This is not a local issue; it is a national issue. That has been made perfectly clear by the points that have been made. While I am on my feet, I will just say that when I came to this debate, my view was—and it followed a point made by the noble Lord, Lord Parekh—that there were pros and cons for an inquiry but that the case against one was that we were just reviving charges against Sir Edward Heath that nobody now believes and that that served no purpose. I want to say, having heard the debate tonight, that I have changed my mind.

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for his intervention. I did not say that it was a local matter; I said that it was for the local force to decide whether they considered that to be appropriate. I think that is an important distinction. I accept that—

[Lord Cormack (Con)]

Will my noble friend, at the very least, do as the noble Lord, Lord Lexden, requested and give the Home Secretary a copy of this debate, and underline how unanimous the general sentiment in this House was? Will he do one other thing? Will he ask the Home Secretary to receive a deputation of Members of your Lordships’ House who have taken part in this debate?

[Lord Sharpe of Epsom (Con)]

I say to my noble friend that I am coming to that in a second.

I have to a large degree retraced a lot of old ground, which is perhaps only to be expected when considering a question that we have already discussed many times. I am reconciled to the fact that this will obviously annoy and disappoint my noble friend Lord Lexden—

[Lord Sherbourne of Didsbury (Con)]

Given that the reputation of the former Prime Minister has been tarnished, and my noble friend the Minister has set out the reasons why there should be no further inquiry, does he regard it as satisfactory that that reputation remains tarnished?

[Lord Sharpe of Epsom (Con)]

My Lords, I will also come to that.

I am grateful to my noble friend Lord Lexden for securing this debate, as I said earlier, and to other noble Lords for their contributions. As regards the question that was asked of me by my noble friend Lord Lexden, which has just been reiterated by my noble friend Lord Cormack and asked also by the noble Lords, Lord Hunt and Lord Coaker, I absolutely will take this back to the current Home Secretary and make sure that he is aware of this debate and the strength of feeling, and indeed all the preceding debates we have had on this subject.

Of course, I am genuinely sorry to have to disappoint the House, but I hope that I have provided some clarity and reassurance around the current position. I stress that this is unlikely to alter without a material change to the situation, but I commit quite happily to take this back to the Home Secretary.

[Lord Deben (Con)]

Will my noble friend also say to the Home Secretary that we will go on demanding this inquiry until we get it and that it would be much easier to give way now?

[Lord Sharpe of Epsom (Con)]

I am happy to provide my noble friend with that reassurance.

As regards whether I regret that Sir Edward’s memory and legacy have been in some way tarnished, of course I do. I think it is incredibly regrettable, and it is incredibly regrettable that the deranged fantasist was encouraged in the way that he was. However, he is paying the price.

As I have set out, Operation Conifer has been subject to external scrutiny, whether your Lordships agree with that scrutiny or not, and it is the Government’s assessment that there are not currently any grounds for further intervention.

[Lord Lexden (Con)]

My Lords, I do not think it is normal for a debate of this kind to have any final words from the person who introduced it, but I think there is perhaps an expectation that I should do so. It is important that the new Home Secretary studies this most carefully, reading the Hansard, and I hope that we will have a full and considered reply from him. This debate has not only touched on very difficult events and actions but has contained very considerable scrutiny and critique of the grounds on which the Government have previously rejected an inquiry. We need to bring this matter to a conclusion. We must have an inquiry.

Misuse of Drugs Act 1971 (Amendment) Order 2024

Lord Sharpe of Epsom Excerpts

Tuesday 16th January 2024 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Misuse of Drugs Act 1971 (Amendment) Order 2024.

Relevant document: 7th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, this draft order, which was laid before Parliament on 27 November last year, proposes amendments to the Misuse of Drugs Act 1971 to control 15 substances as class A drugs, four substances as class B drugs and one substance as a class C drug. To achieve this, it proposes amendments to Schedule 2 to that Act, which sets out what drugs are controlled and their classification.

Fifteen synthetic opioids, including 14 nitazenes, will be controlled as class A drugs under the 1971 Act. This follows recommendations from the Advisory Council on the Misuse of Drugs in its report of 18 July 2022 and addenda of 19 December 2022 and 6 October 2023. The Government commissioned the ACMD for its advice following international control of three of the synthetic opioids—at this point, I beg noble Lords’ indulgence because pronouncing some of these names is not easy; they are isotonitazene, metonitazene and brorphine—under Schedule 1 to the United Nations Single Convention on Narcotic Drugs 1961, to which the UK is a signatory.

In addition to reviewing these substances, the ACMD considered the harms of other similar synthetic opioids and concluded that they pose serious acute health risks, reinforced by reports of their involvement in a number of drug-related deaths and near-fatal overdoses. The ACMD determined that their potency and availability present a significant potential threat to public health and therefore recommended the highest level of control as class A drugs under the 1971 Act. This is for all 15 synthetic opioids, including the three controlled internationally.

Additionally, three stimulants—diphenidine, ephenidine and methoxyphenidine—will be controlled as class B drugs under the 1971 Act by this order. This follows international control of diphenidine under Schedule 2 to the United Nations Convention on Psychotropic Substances 1971 in April 2021, after which the Government commissioned the ACMD to review its harms. In its report of 25 May 2023, the ACMD noted the involvement of these substances in a number of drug-related deaths worldwide and recommended that they be controlled as class B drugs under the 1971 Act. This is in line with similar dissociative class B drugs, such as ketamine.

Also to be controlled as a class B drug is Cumyl-PeGaClone, a synthetic cannabinoid receptor agonist—SCRA—which, similarly to diphenidine, was added to Schedule 2 to the United Nations Convention on Psychotropic Substances 1971 in April 2021. Many SCRAs are currently controlled as class B drugs under a generic definition in the 1971 Act. However, owing to its structure, Cumyl-PeGaClone falls outside the generic definition. The ACMD report of 25 May 2023 recommended that the Government consult relevant stakeholders on modification to the definition, which the Government have agreed to do. In the meantime, to address the harm it poses and meet our international obligations more quickly, the Government have opted to control Cumyl-PeGaClone individually as a class B drug, in line with other SCRAs. We will consult on modifications to the generic definition in due course.

Finally, remimazolam, a benzodiazepine, will be controlled as a class C drug under the 1971 Act. Remimazolam is the active ingredient in a product given marketing authorisation, otherwise known as a medicines licence, by the Medicines and Healthcare products Regulatory Agency in 2021. The ACMD recommended in December 2022 that it should be controlled as a class C drug as its potential harms are commensurate with other benzodiazepine drugs already controlled under class C.

I am grateful to the ACMD for the comprehensive reports it has produced. Those reports have been the foundation of this legislation. According to the ACMD’s advice, all the substances are psychoactive and therefore potentially subject to the offences under the Psychoactive Substances Act 2016. The 2016 Act contains offences for the production, supply, possession with intent to supply, import or export of a psychoactive substance where a person knows, or is reckless as to whether, it will be consumed for its psychoactive effects. It does not, however, contain an offence for the simple possession of a psychoactive substance, other than in a custodial setting. Medicinal products are exempt from the provisions of the 2016 Act, and medicines based on remimazolam are therefore currently exempt.

The control of these substances under the 1971 Act would make it an offence to possess them and impose higher penalties and enforcement provisions for supply and production offences. Those found in unlawful possession of a class A drug could face up to seven years in prison, an unlimited fine or both. Meanwhile, those who supply or produce a class A drug could face up to life imprisonment, an unlimited fine or both.

One of the substances, remimazolam, has a known medicinal value in the UK as it has been granted a marketing authorisation. To enable its use in healthcare, remimazolam will be placed in part 1 of Schedule 4 to the Misuse of Drugs Regulations 2001 by a statutory instrument made under the negative procedure. It is the Government’s intention that it will come into force on the same date as this affirmative order. The other 19 substances will be placed in Schedule 1 to the 2001 regulations by that same negative statutory instrument. This is because they have no known medical or therapeutic value in the UK and will mean that they can ordinarily be accessed only under a Home Office-controlled drug licence. Again, this follows ACMD advice. Cumyl-PeGaClone will also be placed in Schedule 1, in line with other SCRAs already controlled under the 1971 Act and 2001 regulations.

These substances, excluding remimazolam, will therefore be added to part 1 of Schedule 1 to the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015. Controlled drugs are designated where the Secretary of State is of the opinion that it is in the public interest for production, supply and possession of that drug to be wholly unlawful or unlawful except for research or other special purposes, or for medicinal use of the drug to be unlawful except under licence.

Drug misuse ruins lives and adversely affects society as a whole. The Government have a responsibility to protect the public, their safety and their health, and that is why we are proposing this action. As I have set out, these substances cause or have the potential to cause significant harm to both the individual who uses them and the communities in which they live, and must be subject to stricter controls. I commend this order to the Committee.

[Lord Allan of Hallam (LD)]

My Lords, in speaking for these Benches I would ordinarily speak from a health perspective. From our point of view, a lot of the drug abuse issues fall within that category. We are obviously dealing with a Home Office statutory instrument today, but I hope that the Minister will indulge me if I put some questions that come from that angle of considering the impact on individuals of the drugs we are due to control.

The first is around how we will monitor, in particular, the prevalence of the synthetic opioids that are to be classified by the instrument we are considering. I think we have all looked in horror at the situation in the United States, where the firewall that exists between heroin and other forms of drugs has broken down, in a sense, through the distribution of synthetic opioids to a much broader demographic who, it seems, feels more comfortable taking them than would feel comfortable taking heroin. But the medical harm is just as severe—in some cases, more severe—so I will be interested to hear from the Minister how the Government intend to monitor the prevalence and usage, particularly across different demographics, of these synthetic opioids, as well as prohibiting them, which is right. It is correct that we are following the advice of the advisory council here, but also really important that we understand the way in which these synthetic opioids are being consumed within the community.

The second issue I want to raise follows on from that, which is to consider how treatment services will deal with people who present because they have an addiction to the drugs we are considering. The numbers are quite stark: in 2021-22, just over 289,000 people presented for treatment services. Nearly half of them presented for opiate addictions and over 70% had mental health problems. It is critical to understand, as we broaden the net on the drugs that we bring into scope, how we will be able to respond to the people who come to the attention of the authorities because they are using these opiates—and get them off those. Just as important as any attempt to ensure that they are prosecuted is to get them out of that drug dependency and back into a normal state. Again, I want to understand what consideration has been given to how treatment services will need to be adapted to cover this broader range of synthetic opiates that we are bringing into scope.

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[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we too welcome the amendments in this instrument. I will start with two specific questions and then make some more general comments.

First, beyond adding the specific substances which the Minister referred to in his speech and in the document, what more are the Government doing to address the risks posed to our communities from drugs more generally? The second question is about a particular drug, xylazine, a non-opioid veterinary anaesthetic that is being used in combination with synthetic opioids to devastating effect. I understand that the Minister for Crime wrote to the ACMD in June to ask it to consider the harms of this drug and that he is still waiting for a response. How long should the Minister for Crime expect to wait before he gets either action or a response to his letter about this drug?

Those are my two particular questions. More generally, I want to use the same structure as the noble Lord, Lord Allan. The first question he asked was about monitoring the prevalence and usage of synthetic opioids. As I mentioned in other speeches, including in the King’s Speech debate, I travelled to North America in the summer and went to Portland, Oregon. I also went to Seattle in Washington state. I was shocked by the amount of drug use on the streets. I saw hundreds if not thousands of people sleeping rough on the streets of those two cities. I saw people shooting up in front of me in the middle of those cities—and I had young children with me. It was a truly shocking sight.

While I was there, I visited a court that dealt with drug issues. I also had breakfast with a district attorney who is an elected prosecutor. We spoke about the way their current drug policy is working. What was interesting and depressing to me was the uniform agreement across the political spectrum that it was a disaster, yet they did not agree on the solution to that disaster; there was an ongoing political debate on it. The district attorney also said to me—it is relevant to this debate—that there is a strong suspicion, or belief, that synthetic opioids are getting into prescribed drugs. He told me that he had gone on holiday to Mexico but had forgotten some of his normal prescription drugs, so he had to go and buy the drugs while in Mexico. He became aware that synthetic opioids are illegitimately getting into prescribed drugs. This is a very worrying development; it is all over the internet in that part of the world. It is something that we should be aware of as a possible problem over here as well. It really is a huge issue. I am sure that the Minister is aware of it, but it would be good to hear what is being done to monitor the scale of this problem, which is potentially coming our way.

The second point made by the noble Lord, Lord Allan, was about treatment services and more drugs being brought into scope. I am quite worried about the experiments being carried out in Glasgow. I suppose that would be a good question for the Minister to answer: what monitoring are the UK Government doing on the experiments being done around drug treatment centres in Glasgow? I will leave it there.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank both noble Lords for their contributions to this short debate. I take on board the personal experience of the noble Lord, Lord Ponsonby, in the States; his observations are obviously extremely interesting. Perhaps it is worth pointing out that just under half of all drug poisoning deaths registered in this country in 2022 already involved an opiate of some sort. The noble Lord made some acute points; of course, the Government remain aware of the situation overseas and continue to monitor that as much as they monitor the situation here.

The noble Lord, Lord Ponsonby, asked me a specific question about xylazine. The ACMD is independent, so I cannot comment on its timeframes, but we are hoping for its response on this particular drug in early 2024. Obviously, we will come back to this as and when we have its response.

The noble Lord, Lord Allan, asked about monitoring and the noble Lord, Lord Ponsonby, backed that up. As I said, UK agencies are highly alert to the threat from synthetic drugs, including synthetic opioids such as fentanyl as well as synthetic cannabinoids and benzo- diazepines, which have been linked to drug-related deaths in this country. Along with law enforcement partners, the UK Government stand ready to respond to the threat from synthetic drugs. They have established a cross-government task force to monitor that threat and to lead and co-ordinate the government response to the risk from these synthetic opioids in the UK. The aim of the task force is to consider evidence-based policy; programmatic and legislative decisions in response to the level of risk; and the nature of synthetic opioids. Members of the task force include the Home Office, the Office for Health Improvement and Disparities, the Ministry of Justice, the National Crime Agency, HM Prison and Probation Service, Border Force and the police.

Through the UK’s drugs strategy, which was published in December 2021, we are implementing an end-to-end plan to disrupt the supply of all drugs at every stage of the supply chain from a source to the street. As part of that strategy, we have provided additional resources to the international networks of the NCA and the Home Office in key source and transit countries; this is for them to work with other Governments in identifying and disrupting cartels that seek to exploit the UK, as well as to seize drugs before and during their journey to the UK and the EU.

Also outlined in the strategy, we have increased the availability of naloxone, including naloxone nasal spray, to prevent drug-related deaths, and have committed to supporting local provision of a broader range of medicines, including newer medicines such as long-acting buprenorphine injection. We believe firmly in the importance of engaging with experts and delivery partners to respond swiftly to the evidence of emerging drug threats, including learning from international partners through international fora such as the US-led Global Coalition to Address Synthetic Drug Threats.

On the health situation that was brought up by both noble Lords, FRANK, the Government’s free drugs advice service, contains information on synthetic opioids, synthetic cannabinoids and benzodiazepines, which will be updated to reflect the changes when this legislation comes into force. The Department for Education has also worked with the Office for Health Improvement and Disparities to make sure that good-quality teaching resources are available for teachers providing drug, alcohol and tobacco education, and lesson plans on drugs, alcohol and tobacco are available on the PSHE Association website.

We are of course concerned that banning these substances will discourage people from access to treatment services, but the Government’s drugs strategy, From Harm to Hope, published in December 2021, is clear about the Government’s ambition to achieve stigma-free treatment, providing the full, positive impact of treatment services for those seeking help. But, noting the potential harms associated with misuse of these substances, we believe it is necessary to take action to restrict access to these drugs and reduce their misuse. Through the drugs strategy, we are investing more than £2.8 billion over three years to support people through treatment and recovery, which includes support for those who have used a range of drugs and suffered various health harms.

Of course, key to all this is reducing the demand for drugs. We are committed to reversing the rising trend of drug use in society, to protect vulnerable people from harm and exploitation. It enables us to keep our communities safe and we must therefore reduce the demand for drugs, which fuel violence and exploitative criminal markets. Around 3 million people in England and Wales report using drugs each year, putting themselves at risk and driving a violent and exploitative supply chain, including through so-called recreational drug use. Through programmes announced as part of the drugs strategy, such as drug testing on arrest, and our plans to roll out pilots to change behaviour and attitudes towards drug use, we will provide the powers and access to appropriate interventions and support. We also know that we need to step up action in addressing the visible forms of drug use within our communities, so we will work with our enforcement partners to see what more we can do to tackle this, while ensuring that those who need treatment and support are diverted into the appropriate services.

The noble Lord, Lord Allan, asked a very specific question about remimazolam. There are no known established legitimate uses for any of these substances except remimazolam. The Government recognise the importance of ensuring that that in particular remains available for legitimate and lawful purposes, so in line with the recommendations from the ACMD, remimazolam will be placed in part 1 of Schedule 4 to the 2001 regulations, as I said in my opening remarks. That will enable lawful access in healthcare settings, subject to the requirements of the 2001 regulations. The remaining 19 substances will be placed in Schedule 1, as I mentioned, and access will therefore be permitted only under a Home Office-controlled drug licence. That will ensure that organisations can still lawfully undertake research with these substances, should they choose to do so.

On the specific question about paramedics, that is a Department for Health situation: it would have to request that paramedics be able to prescribe or use this drug in the appropriate way. I hope that answers the questions that I have been asked and, again, I thank both noble Lords for their participation in this debate. These are dangerous substances with the potential to cause significant harm, and they should therefore be subject to the strict controls under the 1971 Act. With that, I commend this order to the Committee.

[Lord Ponsonby of Shulbrede (Lab)]

I specifically asked about the Glasgow drug consumption rooms and whether there is a UK oversight of the way they are operating, rather than just a Scottish Government oversight.

[Lord Sharpe of Epsom (Con)]

With apologies, I forgot that question and, as it happens, I also do not know the answer—so I will have to find out and write to the noble Lord.

Motion agreed.

Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023

Lord Sharpe of Epsom Excerpts

Tuesday 16th January 2024 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023 and the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023.

Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, the first instrument for noble Lords to consider in this single debate is the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023.

The Home Office is the first line of enforcement against illegal migration and works across government to prevent individuals without lawful status in the UK accessing work, benefits and services. Illegal working often results in abusive and exploitative behaviour, the mistreatment of unlawful migrant workers and revenue evasion. It can undercut legitimate businesses and have an adverse impact on the employment opportunities of people who are lawfully in the UK.

Employers have a role to play in ensuring that all their employees have the right to work in the UK. Since 2008, this has been underpinned by the right-to-work civil penalty scheme, under which employers are required to carry out prescribed checks on individuals before employing them. This is to ensure that they are lawfully allowed to work in the UK. If an employer employs somebody who does not have the right to work in the UK, they may be liable for a civil penalty. Employers can avoid liability for a civil penalty if the correct right-to-work checks are carried out before the individual commences employment.

The level of civil penalty for non-compliance has remained the same since 2014, diluting its impact as a deterrent to those who facilitate illegal working, including instances of labour exploitation. Accordingly, the Government intend to increase the civil penalty for employers from £20,000 to £60,000, by virtue of the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023.

This will ensure that the scheme continues to act as a deterrent in respect of employers who employ illegal migrants and send a clear message that only individuals with a right to work in the UK can secure employment. In the case of a first breach, the starting point is £45,000. Employers who elect to pay the penalty via the fast payment option will benefit from a further 30% reduction in the overall amount, after reductions have been applied for any specified mitigating factors.

It remains a criminal offence for migrants to work illegally in the UK, or where the individual is in the UK unlawfully. The offence of working illegally carries a maximum penalty of 51 weeks’ imprisonment in England and Wales and six months’ imprisonment in Scotland and Northern Ireland, or a fine.

The second instrument for noble Lords to consider in this single debate is the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023, which will be in force in England only.

Since 2014, anyone offering rental accommodation in the private rented sector should carry out checks on new adult occupiers before renting to them. This is to check that the individual has the right to rent, and is commonly known as the right-to-rent scheme. Allowing those without a lawful right to be in the UK to rent property enables them to establish a settled life in the UK. This creates costs to the public purse, including through the provision of local authority support, and reduces the amount of housing stock available to those who are lawfully residing in the UK. It often allows abusive and exploitative behaviour, with rogue landlords housing unlawful migrants in unsafe accommodation.

The maximum civil penalty for landlords, including letting agents, will be raised—by virtue of the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023—from £3,000 to £20,000. In the case of a first breach, the starting point is £10,000. Landlords and letting agents who elect to pay the penalty via the fast payment option will benefit from a 30% reduction, from £10,000 to £7,000 or from £5,000 to £3,500 as applicable. As is the case now, the maximum penalty will be levied only on an employer, landlord or letting agent who has breached one of the schemes on more than one occasion in a three-year period, where the fast payment option was not utilised and where no specified mitigating factors apply.

Employers, landlords and letting agents can also appeal a civil penalty decision if, following an objection to the Home Office, that decision has been upheld. An appeal must be on the same grounds as the objection and an employer, landlord or letting agent must make the appeal within 28 days, registering it at a county court or sheriff’s court. This allows accidental non-compliant employers, landlords or letting agents safeguards against penalties.

In summary, these draft orders aim to change the behaviour of rogue employers, landlords and letting agents; to eliminate any financial gain or benefit from non-compliance; to tackle the harm caused by regulatory non-compliance where appropriate; and to deter future non-compliance. I therefore commend them to the Committee.

[Lord Lilley (Con)]

My Lords, these regulations are a regrettable consequence of our failure to prevent—it is extremely difficult to prevent—deter or remove illegal immigrants from this country. I hope that the Rwanda Bill, which we will consider shortly, will belatedly change that situation.

The reason why I have chosen to intervene briefly in this debate is to seek information. When I was the Secretary of State for DSS, I was told that it was impossible to work legally in this country without a national insurance number—a NINo. You cannot get a national insurance number unless you can demonstrate the legal right to work. It then emerged that there were far more national insurance numbers than people of working age in this country. Various explanations were put forward—they were numbers of people who had emigrated and the numbers were not rescinded, and so on.

First, I want to know whether that issue has been cleared up. Can my noble friend the Minister confirm that it is necessary to have a national insurance number to be employed? The employer has to ask for it and obtain it; it will then go into the system and, if the number is invalid, it will be thrown out. Secondly, is it possible in any way to obtain a national insurance number if you do not have the legal right to work? Are those two aspects effective in preventing illegal immigrants obtaining legal employment or accessing benefits? I appreciate that they will not stop people employing people illegally and failing to report that to the authorities, the tax authorities and so on.

I appreciate that my noble friend may not have the answers to those questions here and now but it would be helpful if we could clear this up and put on the record the precise effectiveness of national insurance numbers in dealing with these issues.

--- Later in debate ---

I will comment briefly on the question raised by the noble Lord, Lord Lilley, about whether people are checked for their legal right to work before they receive a national insurance number. I do not know what answer the Minister will give, but if he wants to give a more detailed written answer, I would be very interested to read it. In my experience in magistrates’ courts, there is often no relationship between people who have national insurance numbers and those who have no status to work here. In fact, I have been told—it may well be inaccurate—that they are separate systems, which is the reason the Government are bringing in the extra checks we are talking about in these two orders. Nevertheless, this is just tittle-tattle I have heard in magistrates’ courts, and I would be interested to hear what the Minister has to say.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords for their contributions to this debate. We can deliver a comprehensive response to tackle illegal migration only if we work with UK employers, landlords and letting agents to deny employment and housing to those without the right to work in this country. Illegal working and renting are the main incentives for illegal migration and often involve exploitation and unfair competition. The civil penalty scheme encourages employers, landlords and letting agents to comply with their obligations to check the right to work and rent of all employees and occupiers, without criminalising those who make a mistake.

Legitimate employers, landlords or letting agents will not face higher costs through increased penalties. The scope of the penalty regime has not changed. Those who continue to act in a legitimate manner, by checking and recording the documents of their employees or tenants, will not be affected by the strengthened penalty regime. I was interested in the comments from the noble Lord, Lord Ponsonby, on consultation. Given what I have just said, who would the noble Lord consult with—those who are legitimately employing and renting or those who are not? I would have thought that would make the consultation a little problematic to set up.

I will try to answer all of the various questions asked of me. On my noble friend Lord Lilley’s question, as I understand it, a national insurance number is not a prerequisite for the right to work. You can prove the right to work alongside another document, such as a birth certificate. This is a DWP matter, so I will commit to taking this to the DWP and ask that department to write on the specifics of his question.

All noble Lords have asked perfectly sensible questions about whether the schemes are discriminatory, because there are risks of that sort of thing. On 21 April 2020, the Court of Appeal found the right-to-rent scheme to be a proportionate means of achieving its legitimate objective of supporting a coherent immigration system in the public interest. As a result, the court considered the scheme to be justified and not in breach of the prohibition on discrimination in Article 14 of the European Convention on Human Rights when read with Article 8, which is the right to respect for private and family life.

The scheme is capable of being operated proportionately by landlords and letting agents in all cases. The very purpose of the statutory code of practice on avoiding unlawful discrimination when conducting checks recognises and seeks to address the risk of discrimination. While there may be discrimination on the part of a minority of landlords and letting agencies, that is because they have chosen not to comply with the spirit of the scheme, whether for their own perceived administrative convenience or some other economic advantage.

We have made it easy to carry out checks digitally, with no requirement for landlords, letting agents or employers to understand the types of documents renters and employees have. In some cases, it is actually easier to bring a migrant into employment or a residential tenancy agreement than a British citizen. We continue to work closely with the rental sector through landlord representative groups and have recently contacted Citizens Advice for further engagement. A considerable amount of work and thought has gone into this and it is governed under the code of practice, which is on GOV.UK.

The noble Lord, Lord German, asked about the economic impact on lawful migrants entering the country. Employers, landlords and letting agents may favour to employ and rent to British and Irish nationals, who they see as low risk as they do not have time-limited leave and do not require further checks. The lawful migrant may therefore choose not to enter the UK. But the Home Office has published the statutory code—it is on GOV.UK—on how to avoid unlawful discrimination when undertaking checks. The guidance clearly stipulates that employers, landlords and letting agents are advised to provide individuals with every opportunity to demonstrate their right to work or rent. They should not discriminate on the basis of nationality, or any of the other protected characteristics. It is clear that those who discriminate are breaking the law.

Employers, landlords and letting agencies are encouraged to familiarise themselves with the guidance and the statutory codes of practice. It is considered that any indirect discrimination in this limb is justified as a proportionate means of achieving a legitimate aim: operating and enforcing a fair immigration system, protecting taxpayer-funded services and protecting vulnerable migrants from exploitation by seeking compliance with regulation.

I have already dealt with the consultation. However, I should also say that the Home Office is not under a duty to consult but, since the proposals to increase the civil penalties were announced in August, it has undertaken proactive, wide-reaching communications with employers, landlords and letting agents. Home Office officials have supported over 30 forum events as of 12 January and reached over 11,000 stakeholders in the sectors. It is clearly wrong for stakeholders to say they have not had an opportunity to be made aware of the Government’s intentions.

We used an economic note instead of an impact assessment because the costs for non-compliant landlords, employers and letting agents were not taken into account, so the better regulation threshold was not met. Our published economic note shows that a total increase of around £16 million might be expected over five years after higher penalties come into force. This is the central scenario and measures receipt changes for the right-to-work and right-to-rent schemes combined. There is uncertainty on this figure for several reasons, including the number of civil penalties issued and the recovery rate to expect for civil penalties of higher values than seen historically.

On enforcement activity, between January 2023 and November 2023, more than 1,400 right-to-work civil penalties were issued; that is an increase of 40% on the same period in 2022. The value of the right-to-work civil penalties issued was more than £26 million, which is 45% more than in the same period in 2022. Between January 2023 and the end of September 2023, 10,509 enforcement visits took place, of which 4,721 were illegal working enforcement visits. In 2022, 6,865 enforcement visits took place, of which 2,808 were illegal working enforcement visits. Illegal working enforcement visits have increased by more than 40% in 2023 from the same period in 2022.

The noble Lord, Lord German, asked where the funds go. They are collected from civil penalties and are required to be paid into the Consolidated Fund after deductions from processing costs.

I think I have dealt with all of the questions. I have committed to write to my noble friend Lord Lilley on the DWP-related matters. Addressing illegal working and renting not only protects the domestic labour and housing market but identifies unscrupulous employers, landlords and letting agents who exploit vulnerable migrants. Equally, it ensures that only those in the UK legally with permission to work and rent are able to do so. On that basis, I commend these orders to the Committee.

Motions agreed.

Immigration Detention: Brook House Inquiry

Lord Sharpe of Epsom Excerpts

Thursday 11th January 2024 Lords Chamber

[Lord German (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so I draw attention to my interests as laid out in the register.

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

My Lords, the Government are carefully considering the findings of the Brook House inquiry, set out in its detailed report, in relation to the management of the immigration detention estate and the welfare of detained individuals. There are no plans to introduce a time limit on immigration detention.

[Lord German (LD)]

My Lords, the inquiry exposed the dehumanising abuse of vulnerable people held in immigration detention. Unfortunately, the report’s author states that these issues remain in place today. We understand that a senior civil servant has been tasked to prepare the Government’s response, to be published “in due course”. I wonder whether “in due course” will have ended nine months from now. Perhaps the Minister could tell us. Secondly, the report’s recommendation on a time limit was meant to be alongside the Home Office guidance on imminent times of removal. Will the Home Office seriously consider that recommendation, putting it alongside the current guidance, so that people are not detained for periods for which they are not intended?

[Lord Sharpe of Epsom (Con)]

My Lords, the Government’s view is that a time limit on immigration detention would significantly impair our ability to remove those who have breached our immigration laws and refused to leave the UK voluntarily. It is likely to encourage and reward abuse, allowing those who wish to guarantee their release to frustrate the removal process until the time limit is reached. It would encourage late and opportunistic claims to be made simply to push a person over the time limit, regardless of the circumstances of their case. That would undermine our ability to maintain effective immigration control and would potentially place the public at higher risk, in particular through the release of foreign national offenders into the community.

[Baroness Chakrabarti (Lab)]

My Lords, the Minister talks about abuse, but the abuse found in the Brook House inquiry report was by G4S staff, with terrible abuse perpetrated against some of the most vulnerable people. We believe in custody time limits in this society. Even suspected terrorists can be held for no more than 14 days. Why should these desperate people be held without limit of time?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness will be aware that the supplier has changed; as of 2020, Serco now looks after this particular situation. I would also say that the vast majority of people are in fact detained for less than 28 days: 65% are detained for 28 days or less and 23% are detained for seven days or less.

[Baroness Meacher (CB)]

My Lords, Kate Eves’s report included a number of recommendations requiring immediate and urgent implementation, because they related to serious issues such as the use of force and use of segregation. Can the Minister tell the House what the Government have now done in response to those particular recommendations? If nothing has been done, can the Minister explain why not?

[Lord Sharpe of Epsom (Con)]

My Lords, a lot of the work had already been done, because there was a report commissioned in 2016 by Stephen Shaw, who was then the Prisons and Probation Ombudsman. The Government acted in response to that report, before the documentary that prompted the Brook House report. The Home Office has implemented steps across the removal estate to enhance assurance and oversight of service provision. We have strengthened our capacity to provide assurance and oversight of service provision both at the Gatwick IRC and in the wider removal estate. That includes action to refresh and reinforce whistleblowing arrangements, improve information flows and analysis of complaints, address incidents and use of force and enhance supplier and Home Office engagement with detained individuals.

[Lord Bellingham (Con)]

My Lords, I have studied the first part of the report and looked at the rest of it, and one recurring theme in that report is the gross incompetence of G4S. A number of proposals have been put forward for improvement under the new manager, Serco. Can the Minister say something about those improvements that will be made and whether he has confidence in Serco? Another recurring theme in the report is the level of drug abuse, which really seems to be quite appalling in an organisation and institution such as this. Can the Minister also say something about what will be done to solve that particular problem?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, the new contract with Serco to run the Gatwick IRC commenced in May 2020 and runs for an eight-year period. The contract provides increased staffing levels, improved use of modern technology and enhanced investment in resident activity and welfare services. We have strengthened our capacity to provide assurance and oversight of service provision at Gatwick and the rest of the removal estate, including action, as I have just said, to refresh and reinforce whistleblowing arrangements, improve information flows and analysis of complaints and address incidents and use of force. As regards the drugs point, the Government will be responding to the report in due course.

[Lord Coaker (Lab)]

My Lords, in his original Answer, the Minister said that the Government are carefully considering the Brook House inquiry report and will respond in due course. Why has the Minister therefore told us that they have already come to the conclusion that they will ignore what the Brook House inquiry said, namely that there should be a 28-day limit on immigration detention? As my noble friend Lady Chakrabarti pointed out, that means that so-called immigration offenders are treated worse than terrorists.

[Lord Sharpe of Epsom (Con)]

That is not what I said; I said that the Government are considering the report. The cross-government working group, chaired by the director of detention services at the Home Office, is considering the report and all the recommendations, including those with wider applicability across the detention estate. As regards the 28 days, I go back to what I said earlier: in particular, we think that this would impair our ability to remove those who have breached immigration laws and refused to leave the UK voluntarily. That would particularly place the community at risk, especially if foreign national offenders were released into the community. As I say, though, the vast majority are released within 28 days anyway.

[The Lord Bishop of Chelmsford]

My Lords, the inquiry found that the inappropriate use of restraint and force on detained persons suffering from mental illness was common at Brook House, with healthcare staff unaware of their responsibilities to monitor the welfare of detained persons during use of restraint. Regardless of this information, the Illegal Migration Act allows for the use of force against even children across the detention estate. What steps will be taken to ensure that the use of force is continually monitored and recorded for all detainees, but particularly vulnerable adults and children, to ensure that what occurred at Brook House is never allowed to happen again?

[Lord Sharpe of Epsom (Con)]

I agree with the right reverend Prelate that it should not be allowed to happen again. As I say, the Government are obviously considering all the recommendations, and that will clearly be part of the considerations. I am confident that there is no way that such a situation would be allowed to happen again.

[Baroness Brinton (LD)]

My Lords, recommendation 19 of the Brook House report is on the attitude and behaviour of healthcare staff. The use of force on one person who had a serious heart condition lasted for about 18 minutes, was positively harmful and put him at further risk. The recommendation is for immediate guidance for healthcare staff and mandatory training. Can the Minister tell us if that has already been brought into practice?

[Lord Sharpe of Epsom (Con)]

I agree with the noble Baroness that that was totally unacceptable, and the inquiry was obviously right to highlight it a something that needs urgent attention. As regards whether advice has been issued, I will have to come back to the noble Baroness, but I am pretty sure that those recommendations are being implemented.

[Lord Murray of Blidworth (Con)]

My Lords, the noble Baroness, Lady Chakrabarti, alluded to the fact that, in the case of those on bail, their detention is regulated by custody time limits. Will my noble friend the Minister agree that, in the case of immigration detention, it should always be regulated by the Hardial Singh principles, enunciated by the noble and learned Lord, Lord Woolf, and as reflected by the recent and now in force provisions of the Illegal Migration Act?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that; I agree with him. I would also point out that Stephen Shaw, as I mentioned earlier, wrote a report, which he updated in 2018, on welfare in immigration detention. He said the following:

“The current Government position is to oppose a time limit (whether of 28 days or any other period), but Parliament may at some point take a different view … at present, the case for a time limit has been articulated more as a slogan than as a fully developed policy proposal”.


I am afraid that I agree with that.

[Lord Kerr of Kinlochard (CB)]

My Lords—

--- Later in debate ---

[Lord Kerr of Kinlochard (CB)]

Will the noble Lord tell the House how many asylum seekers are now held in detention, in limbo, with their cases unheard by us—or never to be heard by us? Is he at all ashamed that Médecins Sans Frontières is having to look after them?

[Lord Sharpe of Epsom (Con)]

I will stick to the question at hand, and will happily provide some statistics on the number of people in immigration detention as of 30 September last year. That number was 1,841, including those detained solely under immigration powers in prisons. That was 11% lower than at the end of September 2022, when there were 2,077 people in detention. I think that those numbers are encouraging and heading in the right direction.

[Baroness Lister of Burtersett (Lab)]

My Lords, another of the inquiry’s findings was that vulnerable people in detention are not being afforded the appropriate protections that the safeguards recommended by Stephen Shaw are designed to provide, because of their dysfunctional operation. The latest report of the independent monitoring boards and new clinical evidence from Medical Justice—a core participant in the inquiry—show that the safeguards are still failing, including not identifying people at risk of self-harm or suicide, with serious and sometimes tragic consequences for mental and physical health. What steps are the Government therefore taking, as a matter of urgency, to ensure a more consistent and robust application of the safeguards, as called for in the inquiry report?

[Lord Sharpe of Epsom (Con)]

As I have said, the detailed recommendations remain under review, but a lot of these issues were dealt with in response to Stephen Shaw’s report of 2016, which was then updated in 2018.

Tackling Spiking

Lord Sharpe of Epsom Excerpts

Tuesday 19th December 2023 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I too thank the Minister for this Statement about understanding and tackling spiking, and indeed for the document which accompanies it. It is good that the Government are making a series of proposals. If I pick up where the noble Lord, Lord Ponsonby, finished, on the change of the law, that is a useful clarification because if the law—even though it is there—is not being used by the criminal justice system, it is failing. I hope we will all be able to get behind that amendment when it comes through in the Criminal Justice Bill.

When I read the report, my heart sank. There are some good points, and I will come on to those in a minute. However, there is very little emphasis on tackling the prevalence of behaviour by perpetrators. There is a mention at the very end of the recommendations in the document that prevalence will be part of trying to highlight spiking, including

“increased arrests, detections, and prevention activity taking place”.

However, that prevention activity is unlikely to change the mindset of a young man—it is usually a young man—going out with some drugs that he wishes to use to spike somebody’s drink or even to use a needle. It always worries me that victims are the ones who need to read up and learn about how they can best protect themselves, while nothing is done to attempt to change the culture of the behaviour of the perpetrator. It seems to me that that is a big issue. Can the Minister say what is planned on this? For example, are there advertising schemes? We must get the perpetrators to think that it is absolutely unacceptable even to think about it—but I am struggling to see that.

Having been a health spokesperson, I am interested in the research into the capability of existing test kits. I know that most of the current test kits involve using a urine sample, which is impractical at the time: you can find out only afterwards if you have one of those tests. If it is the equivalent of the lateral flow test that was developed during the Covid pandemic, it would be enormously useful—but 150,000 will not go very far. I note the wording in the document is very careful in talking about the plan “to begin research”, but we ought to put some urgency on this. If there are 5,000 cases a year that we are aware of, they are putting a considerable burden on not only the victims but the entire criminal justice system. It seems that this should be a bigger priority for prevention.

My final point is on the training programme. Noble Lords will know that I go on and on about training programmes in relation to victims and the criminal justice system. They are really helpful for upskilling staff in the night-time economy. I declare an interest that one of my children works in the night-time industry, as a security guard. I know that she would welcome some training to accompany the other training that she has on safeguarding and other matters; it would be extremely helpful. It would be useful for particular sectors that work very much with young people—universities and further education providers—as well as the night-time industry.

My real concern is that we need to get to the people who think that it is acceptable to perpetrate this crime. I do not see any of that in the Statement.

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

My Lords, I thank both noble Lords for their comments. They are right: everybody deserves to feel safe when they are out enjoying Britain’s thriving night scene, especially over the festive period, when everyone’s social calendar gets a little busier.

The statutory report on spiking has been laid in Parliament and published on GOV.UK. As has been noted, spiking is already illegal, but we have listened and will change the law to make sure that spiking, as it manifests itself in the modern world and in all its forms, is clearly and comprehensively reflected in legislation. We hope that this will encourage more victims to come forward and report this often-underreported crime, which will then send a clear message that spiking will not be tolerated and that offenders can expect to face justice.

We have announced a package of new measures to tackle spiking, which, as all noble Lords will be aware, is an abhorrent crime and undermines the public’s right to feel safe in their communities. As the noble Lord, Lord Ponsonby, noted, that particularly applies to women and girls. The measures range from equipping the police to intensify their proactive interventions to prevent offences, to empowering venue staff to respond, protect victims and collect vital evidence, as well as the rollout of a reporting and advice tool for spiking incidents, including anonymous reporting.

I will get to the specific questions asked of me soon, but it might be of interest to noble Lords to know that, between May 2022 and April 2023, the police received 6,732 reports of spiking, including 957 reports of needle spiking, as was referenced by the noble Lord, Lord Ponsonby. On average, the police receive a total of 561 spiking reports a month, which includes through needles, drinks and other forms. The majority of those come from females who believe that their drinks have been spiked, although spiking can and does affect anybody.

The measures that we are taking, which are non-legislative, are as follows. We are providing funding for the research into the capability of existing spiking testing kits, which the noble Baroness, Lady Brinton, referred to, and the potential development of new kits for venues and the police to detect whether someone’s drink has been spiked in real time. That is not as straight- forward as it sounds. There are a lot of drugs that can be detected, many of which are perfectly legitimate—including quinine, which of course comes in tonic. That makes life a little complicated when we are looking at this space, but the work is being done and funded.

There will be funding to train night-time venue staff to promote better detection of possible spiking incidents, as well as training in supporting and collecting evidence. We are working with the Security Industry Authority on its commitment to introduce spiking training to its existing licence-linked qualifications, which all applicants for DS licences have to undergo. We are working with the police on the national rollout of the online reporting tool for spiking, which allows individuals to report incidents quickly, easily and, if they wish, anonymously. We are introducing the intensification weeks, as referenced by the noble Lord, Lord Ponsonby; police forces will conduct additional work on spiking, similar to current initiatives for county lines drug trafficking and knife crime. We are supporting the higher education regulator, the Office for Students, in the delivery of any requirements for English higher education providers to prevent and address various offences, including spiking. The publication of new information and support pages will set out organisations’ roles and responsibilities in tackling spiking, as well as updating the statutory guidance that accompanies the Licensing Act 2003.

On specific questions, the noble Lord, Lord Ponsonby, asked what measures are in place to deal with premises whose irresponsible management, for example, might make it easier for offences such as spiking to take place. If there are concerns about how a licensed venue is being run, the police have the power under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014 to issue a closure notice if there are reasonable grounds. There is also an expedited review process that allows licensing authorities to alter the licensing conditions granted to premises.

Mandating to carry out searches of nightclubs and so on is not quick or simple, but will require considerable consultation and potentially primary legislation.

On whether a new spiking offence would make it easier to collect data, for example, which the noble Lord mentioned, we have worked closely with the National Police Chiefs’ Council, which established Operation Leicester to co-ordinate the national policing response to the crime. This has included ensuring that there is co-ordination between all 43 forces in England and Wales to centrally track incidents of spiking to gain a better understanding of the scale of the problem. That has demonstrated that we do not need legislation to ensure the consistency of recording and gain data insights from crime recording. Using the established network of crime registrars to develop central procedures can help to improve data capture more quickly when compared with the lengthy process involved in introducing and training law enforcement on the new offence. That is important work, and it is ongoing.

On timelines, we are in the early stages of developing the package. It is important that we do not overpromise and then underdeliver, but we will ensure that Parliament is well apprised of progress against these measures. The updated guidance for Section 182 of the Licensing Act 2003 was published yesterday. The spiking information and support pages will be published this week, ahead of Christmas, and both are available on GOV.UK.

As of 14 December, the police’s spiking reporting and advice service has been rolled out to 20 police forces across England and Wales; it will be rolled out to the remaining 23 in due course. The vehicle for refreshing the legislation and the language around the legislation, as referred to in the Statement, is the Criminal Justice Bill, which is in Committee in the other place and will be with us at some point in the new year.

The noble Lord, Lord Ponsonby, made a very good point about Christmas—everybody deserves to feel safe when they are out and about at this time of year. We recognise that it will take some time for these legislative and non-legislative measures to take effect, but there are obviously steps that can be taken to reduce the risk of spiking. It is encouraging to hear from the noble Lord that the young people he has spoken to are all aware that this is a problem. Young people need to watch out for friends and make sure they look after each other; never leave their drinks unattended; be cautious if they are given or bought a drink and consider accepting a drink only from people they know and trust; be wary of people reaching over their drinks; and alert staff and police immediately if they see anyone acting suspiciously around their drink or someone else’s. If they or a friend feel unwell, they should seek help from staff or call an ambulance immediately. These things are necessary; we should not have to say them, but they bear repeating.

The noble Baroness, Lady Brinton, asked me what the Government plan to do to develop our understanding of the motivations of the perpetrators. A literature review has been carried out by a team from the National Crime Agency and the University of Birmingham, as part of the statutory report on spiking. It concluded that it is hard to determine the actual levels of spiking from the existing literature, so we are considering what more we can do to shed light on this as we move forward with the recent measures announced as part of the report’s publication. I hear what the noble Baroness says, and there is more to be said on that in due course.

I have already referred to the testing kits, to some extent. We are not committing to producing new spiking testing kits, but we are carrying out research into the capability of existing kits. First we have to identify whether they meet police requirements or whether something new is needed to help venues and police detect, in real time, whether a drink has been spiked. At this stage, it remains our position that the only reliable testing method that can detect the range of potential substances used in spiking and that can later be used in court is the rapid urine-testing capability established by the police. Obviously, that is not ideal and has to be done in a very short space of time. I go back to this point: we strongly encourage anyone who believes that they or someone around them has been spiked to contact the police as soon as possible, so that samples can be taken for testing.

As I have said, the majority of samples—51%—contain a drug of no concern or no drug at all. A drug of no concern is one that does not have a rapid sedative effect or cause confusion to a victim. The most common are paracetamol and quinine, which illustrates the difficulty with this particular kit.

I think I have covered all the questions that were asked of me. I appreciate the House’s welcome for these measures, and we look forward to delivering on them in the new year.

[Lord Cashman (Lab)]

My Lords, I welcome the list of measures, on which we have now heard from the Minister, but point out that spiking affects people of all ages, and men as well as women. There was excellent coverage on “Channel 4 News” yesterday evening of a young man who was spiked anonymously and then contracted HIV. Of course, this happens not only in pubs, clubs and anonymously but in dating. In that respect, one must remember the murders by Stephen Port. I pay tribute to the sisters Donna and Jenny for getting justice for those who were subsequently murdered. What further measures can the Government take to address the institutional attitudes, often homophobia and biphobia, that prevent the proper investigation of spiking when it occurs not only in licensed premises but in prearranged dating?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes an extremely important and welcome point. It is a fact that young men are less likely to record incidents of this sort of thing, for what reason I do not know, although I imagine that embarrassment and shame probably play a major part. Education has to be a factor in this, and we have to make it clear that, if you suspect that you have been a victim of spiking, it is necessary to get tested as soon as you can.

We are dealing with the culture behind some of these aspects in a much broader context. The Angiolini inquiry, which is looking into various incidents that have happened within the police over the last two years, will deliver its results soon. I hope that they go a considerable way to improving some of the cultural failings that have perhaps led to these things.

[Baroness Owen of Alderley Edge (Con)]

My Lords, given that the data collected by the NSPCC found that student was the highest-recorded occupation of those who had been spiked, does my noble friend the Minister agree that the Government should work with universities and colleges to offer support for students and raise awareness about attending events in non-licensed private premises, such as student accommodation?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for her question. She is absolutely correct, of course. As I have already said, we all have a part to play in tackling spiking and it is vital that we do this collaboratively. The Government and law enforcement have engaged with the sector, both through the Department for Education’s spiking working group, which is chaired by Professor Lisa Roberts, the vice-chancellor of the University of Exeter, and as part of a range of freshers-related communications activity carried out this year and last. As part of its most recent phase, the Government’s behaviour-change campaign “Enough” has partnered with more than 30 universities in the UK and produced a range of bespoke online and offline communications assets, which look to speak directly to student and university scenarios. Spiking assets form part of this package of work.

I could go on, but I completely agree with my noble friend and there will be a lot more to say on this. A consultation is ongoing with the Office for Students, which is due to deliver its report at the beginning of next year. We will have more to say then.

Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023

Lord Sharpe of Epsom Excerpts

Monday 18th December 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Orders laid before the House on 16 and 19 October be approved.

Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument). Considered in Grand Committee on 12 December.

Motions agreed.

Refugees: Notice Period for Home Office Accommodation

Lord Sharpe of Epsom Excerpts

Monday 18th December 2023 Lords Chamber

[The Lord Bishop of London]

To ask His Majesty’s Government whether they plan to ensure that refugees are given 28 days’ notice before they are required to leave their Home Office accommodation, having received documentation after being granted asylum or being given leave to enter or remain.

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

My Lords, the current practice is that individuals remain on asylum support and in asylum accommodation for 28 days from the point of the biometric residence permit being issued. This means that individuals have longer than 28 days’ notice after receiving their grant of leave to make onward arrangements.

[The Lord Bishop of London]

My Lords, last week during the Question from the noble Baroness, Lady Thornhill, the case was well made that the 28-day period is inadequate and should be extended to 56 days to allow universal credit and housing benefit to come through. However, many of those who support refugees are receiving increasing numbers of concerns that refugees are being given as few as seven days’ notice before being evicted, causing widespread homelessness and greater concern. Last week, I, along with 45 faith and belief leaders, wrote to the Minister for Illegal Migration and the Faith Minister about this. What data is the Home Office collecting that demonstrates that the 28-day notice period is being properly implemented? What action will it take to review it, given reported failures to do so?

[Lord Sharpe of Epsom (Con)]

My Lords, I will go through the process: all individuals who receive a positive decision on their asylum claim can remain on support and in their accommodation for at least 28 days from when their decision is served. However, as I said in my earlier Answer, current practice is that individuals remain on that support and in accommodation for 28 days from the point of the biometric residence permit being issued. That can be five to seven days after the asylum decision. This means that individuals have longer than the 28 days’ notice after receiving their grant of leave to make onward arrangements. Confirmation of the exact date that an individual’s support and accommodation are due to end will be issued in a notice-to-quit or notice-to-vacate letter from the individual’s accommodation provider. This notice will be issued at least seven days before support and accommodation is due to end. There are at least three opportunities there where the asylum seeker, or the asylum claimant who has received a decision, will be notified. They have plenty of time.

[Baroness Lister of Burtersett (Lab)]

My Lords, last week the Minister said that 28 days was “more than enough” and “perfectly generous”. Has he read the research done over the years, which shows the hardship and heartache that that period causes to newly recognised refugees at the point where they should be delighted because they have got their status? If he has not read the research, please will he do so—and will he undertake to meet those organisations on the ground that know what it is like to have to try to find somewhere in 28 days?

[Lord Sharpe of Epsom (Con)]

My Lords, as I have tried to explain, it is more than 28 days. The underlying aspect of this is that we should be moving to 56 days; I am afraid that we simply do not agree. The asylum accommodation estate is under huge strain, as all noble Lords are aware. Increasing the move-on period would exacerbate those pressures. Therefore, there are no current plans to extend the prescribed period, which is long-standing in our legislation; but we engage with the Department for Work and Pensions and DLUHC on ensuring that individuals can move on as smoothly as possible. I have read some of the research—not all of it—and I will continue to do so.

[Lord Singh of Wimbledon (CB)]

My Lords, I add my support to the modest proposal of the right reverend Prelate the Bishop of London. Asylum seekers given the right to remain must be given a realistic timeframe to move out of temporary Home Office accommodation, bearing in mind the trauma that they have suffered and their lack of familiarity with their new surroundings. Sikh teachings on the need to help such people echo Christian sentiment, which pointedly reminds us that Jesus and his family were themselves refugees in Egypt.

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[Lord Sharpe of Epsom (Con)]

My Lords, I will go through a little bit of what local authorities receive from the department. We work closely with DLUHC and regularly engage with the local authorities to ensure that they are supported. We of course recognise that the number of individuals in the system and the clearance of the asylum backlog is adding pressure to local authorities and their housing allocation capacity because of individuals presenting as homeless. I would also say to the noble Lord that all of the people being cleared in relation to the backlog have been in this country for a long time already.

[Lord German (LD)]

My Lords, the problem that the Minister has just alluded to is that local authorities are under enormous pressure when people arrive on their doorstep with a short period of time in which to find themselves appropriate housing. Given that the number of people reporting after the decision-making is now larger than it was, what extra assistance are the Government giving to local authorities, and to the voluntary sector, which is doing so much to help where it can?

[Lord Sharpe of Epsom (Con)]

My Lords, there are a number of things that we are doing. We have local authority liaison officers who provide a specific point of contact for local authorities, particularly for urgent discontinuation-related inquiries. There are significant improvements in train to ensure that local authorities receive early notification of those who are being granted and leaving Home Office accommodation and supporting those customers through the move-on process following a positive decision. Following notification of a service decision, accommodation providers will notify local authorities within two days. We also share relevant data in the form of heat maps and various other macro data, if you will, to ensure effective planning.

[Lord Coaker (Lab)]

My Lords, notwithstanding what the Minister has just told us, the reality for many refugees with newly granted status is that they are required to leave their accommodation, often within seven days from being given a notice to quit. That means they are forced to go to their local authorities and many of them are homeless or on the streets. That is the reality, and it is the result of government policy. All the Minister tells us is that everything is fine, but it is not. It needs sorting out.

[Lord Sharpe of Epsom (Con)]

The noble Lord is right that they get seven days from the notice to quit, but they get 28 days from the issue of the biometric residence permit, so it is not quite right.

[Lord Dubs (Lab)]

My Lords, a little while ago I was talking to an organisation that looks after people who become homeless. It quoted a recent example of a refugee who could not find any accommodation in the time that he had and eventually had to sleep for a week at Euston station—having gone through all the trauma of being a refugee and all that that entailed—before this charity picked him up. That is not good enough.

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[Lord Sharpe of Epsom (Con)]

I certainly regret the individual circumstances described by the noble Lord and, obviously, we would prefer that not to be the case.

[Baroness Kramer (LD)]

My Lords, I wonder if the Minister would actually answer the question from the right reverend Prelate the Bishop of London. She made the point that sources—I assume they are sources that she respects—inform her that people have seven days in which to find alternative accommodation. Will the Minister look into the examples that she has raised? Surely everything he says means that he at least thinks 28 days is necessary.

[Lord Sharpe of Epsom (Con)]

Yes, I think 28 days is necessary, and of course I will look into those. As I say, everyone gets 28 days from the issue of the biometric residence permit.

[Lord Watts (Lab)]

My Lords, the Government have made a right mess of this. They inherited a system that worked and have broken it. Is it not wrong for refugees to find themselves out on the streets? Have they not suffered enough? Should the Government not be making sure that no refugee is homeless?

[Lord Sharpe of Epsom (Con)]

I agree with the noble Lord in as much as no one should find themselves homeless. I also agree that the refugee system is obviously under enormous strain. I therefore look forward to the noble Lord’s enthusiastic support for the Rwanda Bill when it arrives.

[Noble Lords]

Oh!

[Baroness Watkins of Tavistock (CB)]

My Lords, is the Minister confident that these refugees are made aware that the 28 days is commencing when they get their biometric assessment, or do they not realise that until they get the seven-day notice?

[Lord Sharpe of Epsom (Con)]

The noble Baroness asks me a good question. I am going to look into that, because I do not know. I assume that they are made aware of it, of course, but I have not been present when one of these notices is issued. I will find out.

[Lord Griffiths of Burry Port (Lab)]

My Lords, the most eloquent contribution to this short debate has been the silence of the Members on the Conservative Benches. Is it not a fact that, as was alluded to in the right reverend Prelate’s question, getting into the system for benefits and the rest of it requires more than the length of time that we are talking about?

[Lord Sharpe of Epsom (Con)]

I say to the noble Lord that that is not the case. You can start to apply for things like universal credit before you receive the biometric residence permit. I appreciate that that is not perfect, but it is certainly enough time to get into the system.

[Lord Pannick (CB)]

My Lords, does the Minister agree that part of the problem here is that asylum seekers are restricted in their ability to work until they receive their asylum status? Therefore, when they receive their asylum status, they have no resources that they can use in order to obtain accommodation.

[Lord Sharpe of Epsom (Con)]

The noble Lord makes an interesting point, and I will take that back to the department.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, I am glad to hear that the Minister will take that point back, but it is entirely salient and, if I may say so, I am surprised that he does not have a slightly more substantive answer. Does he also agree that one of the difficulties that many of these people face is that English is not by any means their first language and sometimes they do not have reasonable fluency in it after several years in this country? Does he accept that these additional challenges make the timeframes extremely difficult for people to manage?

[Lord Sharpe of Epsom (Con)]

I acknowledge that nothing in this particular space is easy, but there are many organisations that provide support to individuals to arrange their onward support. That includes Migrant Help, accommodation providers, DWP and jobcentres. I made the point earlier that most of the people we are talking about have been in this country for a very long time, and one would hope that they at least had some English.

Pakistan: Afghans Eligible for Resettlement in UK

Lord Sharpe of Epsom Excerpts

Monday 18th December 2023 Lords Chamber

[Baroness Northover (LD)]

My Lords, on behalf of my noble friend Lady Smith of Newnham, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

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

My Lords, Afghans in third countries, including Pakistan, who are eligible for resettlement to the UK continue to be supported by the UK Government, and flights from Pakistan to the UK continue to take place. The assessment of the number of individuals currently awaiting resettlement from Afghanistan and other third countries such as Pakistan is not available at this time as it is operational information and changes on a regular basis.

[Baroness Northover (LD)]

My noble friend has submitted a series of Questions to find out what is happening to the Afghans in Afghanistan, and those who fled to Pakistan, who are eligible to come to the UK. The Answers—and I have looked at them all—have come variously from the Home Office, the MoD and the FCDO, and they are all opaque, as was the Minister’s Answer. Does this not illustrate the challenges these vulnerable people face, as well as those who are seeking to help them? His own Answer to my noble friend spoke of action “over the coming years”. Does that seem sufficiently urgent, given the danger that those who assisted the United Kingdom during our time in Afghanistan now find themselves in?

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[Lord Sharpe of Epsom (Con)]

The Minister for Veterans’ Affairs in the other place committed to bringing back 2,800 ARAP-eligible people by the end of this year, and we are well on track to achieve that. The Secretary of State for Defence also wrote a letter recently, which has been published, in which he talks about reviewing and improving casework processes and bringing in extra resources. Between January and November this year, we issued decisions on more than 75,000 applications, clearing virtually the entire backlog. There is plenty of work going on and there are very few open cases left. These people are being repatriated as fast as we can.

[Lord Alton of Liverpool (CB)]

My Lords, has the Minister read today’s Daily Telegraph, in which the Pakistan Prime Minister cites the British-Rwandan scheme as an example of why they feel it is justified to have already deported some 450,000 people back to Afghanistan? Can he tell the House what JACS assessment has been made of the plight of minorities such as the Hazara, and what is happening about the 200 Armed Forces personnel who were trained and funded by the UK, and about whom General Sir Richard Barrons said, in that same article, that the failure to relocate them is

“a disgrace, because it reflects that either we’re duplicitous as a nation or incompetent”?

[Lord Sharpe of Epsom (Con)]

My Lords, I have not read that article. My right honourable friend James Heappey noted in the other place that it would have been more difficult to bring these people back to the UK had it not been for the support of the Government of Pakistan. We continue to co-operate closely in our efforts to bring out many thousands more, and no one with UK sponsorship has been deported. I am obviously not qualified to comment on other deportations, and I do not recognise the general’s remarks, but I will look into them.

[Lord Lancaster of Kimbolton (Con)]

My Lords, I declare my interest as a member of the UK Armed Forces who served in Afghanistan. I recognise my noble friend’s efforts—he understands the challenge. The moral case for why we should support those who supported the UK Armed Forces in Afghanistan is clear to all noble Lords but, like others, I am concerned about the speed with which we are acting. It is urgent that we act faster. Aside from our moral obligation to these people, there is also a practical consideration: every time the UK Armed Forces serve overseas, we absolutely rely on the co-operation of national armed forces and civilians. If we are not seen as a trusted partner, that will make this very difficult in future.

[Lord Sharpe of Epsom (Con)]

I entirely agree with my noble friend that we have a moral obligation to deliver for these people. As he will be aware, this situation is about making sure that there are flights and accommodation available, and so on. As I said in an earlier answer, we are working at pace; flights arrived last week and will arrive this week. Things are happening fast.

[Lord Anderson of Swansea (Lab)]

Does the Minister accept that, by definition, these people are eligible because they have served our country and would be vulnerable if they were forced to return to the mercies of the Taliban? Many will come with eloquent references from our military, which served there at the time. How many people in this category have already been repatriated to Afghanistan and, as the Minister mentioned accommodation, to what extent is the failure to provide housing in this country a factor in the long delays?

[Lord Sharpe of Epsom (Con)]

The noble Lord asserts that all are eligible, but that is not necessarily the case. The eligibility criteria are published on GOV.UK; they are reasonably precise and, in the case of ARAP, are administered by the MoD. I can go into more detail if noble Lords wish. There is not a lack of accommodation; it is about matching families and individuals to appropriate accommodation. I believe that 700 service family accommodation units have been made available and are being filled.

[Baroness Coussins (CB)]

My Lords, how many visas have been issued to eligible Afghans in Pakistan since the Government’s recent withdrawal of their policy to identify suitable housing here before they were allowed to travel? I understood that its withdrawal was meant to remove one of the obstacles to swifter relocation.

[Lord Sharpe of Epsom (Con)]

The noble Baroness is right that that policy has been suspended for the time being. I do not have the number of visas issued but, as of the end of September 2023, the total number of arrivals from Afghanistan or a third country was around 24,600. A lot have arrived in the last few weeks, so I do not know the final numbers, which are still provisional.

[Lord Coaker (Lab)]

My Lords, I think the Minister said that the Government do not give a running commentary on the figures. However, the Minister for the Armed Forces said in the other place:

“There are around 2,000 people in Afghanistan who we need to move out and around 1,800 left in Pakistan who we need to bring in”.—[Official Report, 11/12/23; col. 635.]


Can the Minister comment on those figures? Will the schemes we are discussing deal with those 3,800 people? As the noble Lord, Lord Lancaster, said, they need urgently to be brought back to this country because they served with us.

[Lord Sharpe of Epsom (Con)]

The noble Lord is quite right. I did not say that we do not give a running commentary; I said that the information is operational and changes on a regular basis. The Minister for Veterans’ Affairs stated that we aimed to relocate 2,800 ARAP-eligible Afghans before the end of 2023; I am pleased to be able to say that we are on course to achieve that.

[Lord Houghton of Richmond (CB)]

To be absolutely clear, has the eligibility of the two Afghan special forces units under ARAP now been substantiated in principle? If not, how will this Government sustain their pretension to moral authority in their international affairs?

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[Lord Sharpe of Epsom (Con)]

As the noble and gallant Lord will be aware, ARAP is intended to relocate and support those who worked for and alongside UK Armed Forces. No applicant is ruled in automatically based on job description. The units in question were set up by the UK but were an Afghan-led component of the Afghan National Security Forces, reporting to the Afghan Ministry of Interior Affairs. Each ARAP application is decided and scrutinised on its own merits against each criterion outlined in the ARAP policy and the Immigration Rules, which are published online. Eligibility decisions are taken on a case-by-case basis. People will be eligible only if they individually meet these criteria.

[Viscount Stansgate (Lab)]

My Lords, the Minister spoke about eligibility. Can he state unequivocally to the House that a wife and young son of an interpreter who served our Armed Forces would meet the definition of someone’s immediate family who deserve to come to the UK?

[Lord Sharpe of Epsom (Con)]

I cannot say that unequivocally, no. As I have just said, it is on a case-by-case basis. In principle, of course that is the case, but with the caveat that it depends on the case under discussion.

[Lord Kerr of Kinlochard (CB)]

The Minister is a little short on numbers on the Afghan citizens resettlement scheme. When the scheme was introduced two years ago, the promise was that it would bring in 20,000 people a year. We know that thousands are lurking in hotels in Peshawar, Islamabad and Lahore, now with their permission to stay likely to be withdrawn. We know too that thousands of them have been accepted for resettlement here but are not allowed to travel because the accommodation has not been provided. They are supposed to arrange, from Peshawar, accommodation for their families in this country, which is absurd. Does the Minister accept that this may be one cause of Afghans being by far the largest group by nationality—8,600 last year—coming in small boats across the channel at grave risk to themselves? Does he not think that is a disgrace?

[Lord Sharpe of Epsom (Con)]

My Lords, the fact is that if people are not eligible under ARAP, they should not be coming on small boats and claiming asylum. Why would you forgo a legal and safe route to support a criminal gang’s activities? That rather eludes me. I do, however, understand why people are desperate to get out of Afghanistan in particular, but I go back to what I said earlier: the Government of Pakistan have co-operated, largely, with the UK, high-level negotiations are ongoing and as yet no one has been deported.

Investigatory Powers (Amendment) Bill [HL]

Lord Sharpe of Epsom Excerpts

Committee stage
Wednesday 13th December 2023 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, I support the points the noble Baroness, Lady Manningham-Buller, made about Amendment 50 regarding the revelation of whether someone who is in a legislature has been tapped. I do not think that is possible. I think it has all sorts of practical difficulties which she rightly outlined, and that situation is something that I could not in any way support.

I want to come back to the issue of “unable” or “unavailable” with regard to the Prime Minister. I think that it is right that it should be “unable”, because of the gravity of the business of tapping the phone of a Member of Parliament or a devolved legislature. I suspect that such a possibility is hugely remote; it might not happen for years and years. However, when it does happen, it is exceptionally serious, because you are not only depriving that Member of Parliament of liberty—you are in many ways saying that the person who has been elected by his or her constituents as a Member of Parliament or of the Senedd, or whatever it may be, is now in some doubt as a public representative. That is hugely serious, so the triple lock is important, but the word “unable” is more serious a word than “unavailable”, and I support changing the word in the Bill.

I also very much agree with the noble Lords, Lord West and Lord Coaker, about the nature of the Secretaries of State who should be the substitute for the Prime Minister if the Prime Minister was unable to perform his or her duty with regard to tapping the phone of a parliamentarian. I tapped phones for three or four years almost every day, except at weekends—occasionally at the weekend, but mainly on weekdays—and I took it very seriously. I knew that I was depriving someone of their liberty and privacy; generally speaking, they deserved to be deprived of their liberty because of the horrible things that they might do. Sometimes, although very rarely, I would not sign them, because I was not convinced of the argument put to me.

Someone who has the experience over the years of dealing with warrants has an idea of the nature of the act of signing the warrant and how important it is. It is not simply about reading it and putting your name at the bottom—you have to think about it very seriously. Your experience develops as time goes by. In fact, when I was unable or, more likely, unavailable to sign warrants as Northern Ireland Secretary—if I was on the beach somewhere in the Vendée, as I occasionally was—somebody else would sign the warrants that I would normally have signed. It was generally the noble Lord, Lord Blunkett, who was then the Home Secretary—and when he went on holiday somewhere, I signed his. The point about that was that, technically, almost every member of the Cabinet—because by then nearly every member was a Secretary of State—could have signed. But I knew, when the noble Lord, Lord Blunkett, signed mine, that he knew what he was doing—and vice versa, I hope. Therefore, there should be some way in which we designate Secretaries of State who are used to signing warrants to be a substitute for the Prime Minister.

The other issue, on which I shall conclude, is that the debate so far is evidence of why it is so important that the Intelligence and Security Committee puts its views to this House, through the noble Lord, Lord West, and that the committee should look carefully at these matters.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords who have spoken in this debate, which was fascinating. I shall start by addressing the amendments and points raised on the circumstances in which the alternative approvals process would be used—that is, for urgent warrants when the Prime Minister is not available. First, it is worth reminding noble Lords that we have set out a non-exhaustive list of such circumstances in the draft excerpt of the relevant code of practice published last week. I shall come back to that in a moment.

I start with Amendments 44 and 51A, tabled by the noble Lord, Lord Anderson of Ipswich, and spoken to by the noble and learned Lord, Lord Hope of Craighead, which seek to widen the situations in which the alternative approvals process could be used to include situations where the Prime Minister is “unable” to consider a warrant—not only when they are “unavailable”. As the noble and learned Lord indicated, the amendments would extend the circumstances where the alternative approvals process could be utilised to expressly include instances where the Prime Minister has a conflict of interest in considering a warrant application.

I remind noble Lords that the Prime Minister, like all Ministers, is expected to maintain conduct in line with the Nolan principles in public life: selflessness, integrity, objectivity, accountability, openness, honesty, and leadership. When a Prime Minister has a conflict of interest in approving a warrant, due to any personal or professional connection to the subject of the warrant, they are expected to continue to act in the public interest. Therefore, in these situations, the Government consider that the alternative approvals process is not required.

When drafting the Bill, the Government considered at some length whether to make further provision for conflict of interest, along the lines of the noble Lord’s amendment, and concluded that they should not. The primary reason is that, in order for a conflict of interest provision to function, a Secretary of State or unelected official involved in the warrantry process would have to be granted the ability, in certain situations, to take from the Prime Minister a personal power given to them alone by Parliament. Unlike the provisions in Clause 21, which permit the Prime Minister to delegate their power to approve these warrants if they are unavailable, this would require a subjective decision to be made on whether the Prime Minister could, in theory, be judged able to approve the warrant. A conflict of interest provision would also have significant implications for Cabinet hierarchy and the constitution. This is because a Secretary of State or an unelected official would have to determine that the Prime Minister had a conflict in approving the warrant and was therefore “unable” to be made aware of the warrant request. It is for these reasons that the Government decided that a conflict of interest provision should not be included in the Bill.

I have referred to the draft code of practice, and the noble and learned Lord, Lord Hope of Craighead, referred to my letter. I can confirm that many of the words in that letter appear to have reappeared in the code. Paragraphs 5, 5.1 and 5.2 state that:

“Prime Ministerial unavailability should be understood to mean situations in which the Prime Minister is genuinely unavailable to consider the application. For example (non-exhaustive) … The Prime Minister is overseas in a location where they are unable to receive the warrant application due to the security requirements and classification of the documents … The Prime Minister is medically incapacitated and therefore unable to consider the warrant”.


I am very happy to share the code of practice further with all noble Lords, if they would like to see a copy.

I have noted that this conflict of interest provision is specifically not included in the similar Amendments 43 and 51, tabled by the noble Lord, Lord West, which seek to limit the circumstances in which the alternative approvals process can be used due to

“incapacity (ill-health) or lack of access to secure communications”.

As the code of practice sets out, these are two of the key scenarios for which the measure is required, but an amendment of this nature would not cater for unforeseeable events and would leave an unacceptable level of vulnerability in the system. Given that the aim is to increase the resilience of the process, these amendments feel opposite in intent. The moment that a circumstance arises in which the Prime Minister is unable, for a reason other than the two given, to authorise an urgent warrant application, the system would provide a blocker to the intelligence agencies being able to conduct their vital work, which is of course keeping parliamentarians and the public at large safe and secure. I therefore ask noble Lords not to press their amendments. However, I note the views expressed today and am very happy to continue discussions and to meet the noble and learned Lord, Lord Hope, and the noble Lord, Lord Anderson, again to discuss this further.

I turn to Amendments 48 and 53, also tabled by the noble Lord, Lord West. These would introduce a review by the Prime Minister of warrants authorised via the alternative approvals process for interception and equipment interference. Clauses 21 and 22 are set up in such a way that the Prime Minister’s power is afforded to the Secretary of State for the purposes of triple-locked warrantry in specific circumstances; in effect, they are acting as the Prime Minister for the purposes of the Act, not as a deputy. As such, including a requirement for the Prime Minister to review the decision after the fact would not provide additional meaningful oversight beyond that which is provided by the alternative approver on their behalf. The decisions made by the initial Secretary of State and the alternative approver would still be subject to review by the judicial commissioner, so would have already been subject to significant scrutiny. The Government therefore cannot support these amendments.

I turn to the issue of to whom the Prime Minister can delegate this process. Amendments 47 and 49, tabled by the noble Lord, Lord Coaker, and Amendments 46 and 52, tabled by the noble Lord, Lord West, all seek to limit the Secretaries of State whom the Prime Minister can designate as alternative approvers. Directing the actions of the current and any future Prime Minister by limiting the Secretaries of State to only those mentioned in statute is short-sighted, in that it does not consider potential changes to the machinery of government, as the noble Lord, Lord West, noted.

Furthermore, I invite noble Lords to consider the scenario where, for example, the Home Secretary has provided the initial approval for the application before it is considered as part of the alternative approvals process. The Home Secretary should not then consider the application on behalf of the Prime Minister; this is because it would remove a stage of scrutiny in the triple lock process. Additionally, given the potential for there to be concurrent overseas travel of the Prime Minister and at least one other relevant Secretary of State, limiting the process in this way could fail to provide the necessary resilience. While there should not be an unlimited number of designates, it is important that there are enough alternative approvers to be prepared for these scenarios.

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[Lord Fox (LD)]

I am anticipating the Minister sitting down shortly. I remind the Minister that I asked a specific question on directly elected regional mayors, their rise, and the role that they play in democracy, which is so different to when the IPA was originally conceived. The Minister may not have an answer now, but a written answer would be very helpful.

[Lord Sharpe of Epsom (Con)]

I am happy to acknowledge that the noble Lord is right: their powers have expanded, as have their influence and celebrity over the years. I do not have an answer now, but I will come back to the noble Lord on that.

The objective of these clauses is to provide greater resilience in the process. It is critical that we do not undermine this from the off. I therefore hope noble Lords feel reassured by the explanations given, and the information set out in the draft code of practice, which is the appropriate place to set out the detail of this alternative process.

[Lord Coaker (Lab)]

May I say to the noble Lord that the answer he gave to me with respect to the Mail on Sunday story was a really good answer? I am seeking transparency, which we will come on to in the next set of amendments, where Ministers can provide it without compromising operational security, as the noble Baroness, Lady Manningham-Buller, rightly pointed out. The Minister went as far as he could to say that the story needs to be looked at, it raises particular issues and I can pursue those outside of the Chamber. That was an extremely helpful comment and shows what I am trying to get at with respect to transparency—rather than just dismissing it and saying we cannot talk about it. I am very grateful for the response and thought it was very helpful.

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[Lord West of Spithead (Lab)]

My Lords, I absolutely support what my noble friend has said. I was about to leap up and say that this should not be discussed in this forum because some of it is so sensitive. The Minister handled it extremely well, but we are getting quite close to the margins.

[Lord Sharpe of Epsom (Con)]

I thank both noble Lords for their thanks. I have forgotten where I was, but I had pretty much finished.

[Lord West of Spithead (Lab)]

I beg leave to withdraw my amendment.

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Moved by

[Lord Sharpe of Epsom]

56: Clause 26, page 44, line 22, at end insert—
“(3) After paragraph 24 insert—“25 “(1) Nothing in section 56(1) prohibits—(a) a disclosure to a relevant coroner conducting an NI investigation or inquest, or(b) a disclosure to a qualified person—(i) appointed as legal adviser to an inquest conducted by the coroner, or(ii) employed under section 11(3) of the Coroners Act (Northern Ireland) 1959 (c. 15) (“the 1959 Act”) by a relevant coroner to assist the coroner in an investigation conducted by the coroner,where, in the course of the investigation or inquest, the relevant coroner (“C”) has ordered the disclosure to be made to C alone or (as the case may be) to C and any qualified person appointed or employed by C as mentioned in paragraph (b).(2) A relevant coroner may order a disclosure under sub-paragraph (1) only if the coroner considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.(3) In a case where a coroner (“C”) conducting, or who has been conducting, an NI investigation or inquest is not a relevant coroner, nothing in section 56(1) prohibits—(a) a disclosure to C that there is intercepted material in existence which is, or may be, relevant to the investigation or inquest; (b) a disclosure to a qualified person appointed by C as legal adviser to the inquest or employed by C under section 11(3) of the 1959 Act to assist C in the investigation, which is made for the purposes of determining—(i) whether any intercepted material is, or may be, relevant to the investigation, and(ii) if so, whether it is necessary for the material to be disclosed to the person conducting the investigation.(4) In sub-paragraph (3) “intercepted material” means—(a) any content of an intercepted communication (within the meaning of section 56), or(b) any secondary data obtained from a communication.(5) In this paragraph—“the 1959 Act” has the meaning given by sub-paragraph (1);“coroner” means a coroner appointed under section 2 of the 1959 Act;“NI investigation or inquest” means an investigation under section 11(1) of the 1959 Act or an inquest under section 13 or 14 of that Act;“qualified person” means a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland);“relevant coroner” means a coroner who is a judge of the High Court or of a county court in Northern Ireland.26 (1) Nothing in section 56(1) prohibits—(a) a disclosure to a relevant person conducting an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (2016 asp 2) (“IFASDA 2016”), or(b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry,where, in the course of the inquiry, the person conducting the inquiry has ordered the disclosure to be made to that person alone or (as the case may be) to that person and any qualified person appointed to assist a relevant person in the inquiry.(2) A relevant person may order a disclosure under sub-paragraph (1) only if the person considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.(3) Nothing in section 56(1) prohibits—(a) a disclosure to a relevant person conducting an inquiry under IFASDA 2016, or(b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry,that there is intercepted material in existence which is, or may be, relevant to the inquiry.(4) In sub-paragraph (3) “intercepted material” means—(a) any content of an intercepted communication (within the meaning of section 56), or(b) any secondary data obtained from a communication.(5) In this paragraph “relevant person” means—(a) a sheriff principal,(b) a temporary sheriff principal, or(c) a sheriff or part-time sheriff (but not a summary sheriff or part-time summary sheriff) designated as a specialist under section 37(1) or (3) of IFASDA 2016.(6) In this paragraph “qualified person” means an advocate or solicitor; and “advocate” and “solicitor” have the same meaning as in IFASDA 2016 (see section 40 of that Act).”” Member's explanatory statement
This amendment inserts into Schedule 3 to the Investigatory Powers Act 2016 (exceptions to exclusion of matters from legal proceedings etc) exceptions about disclosures to inquiries or inquests in Northern Ireland or Scotland into a person’s death. The exceptions are similar to existing provision in relation to England and Wales.

[Lord Sharpe of Epsom (Con)]

My Lords, I will speak to government Amendments 56, 59 and 60. As I set out in my letter to all noble Lords on 4 December, these small amendments will ensure that the legislation works effectively.

Government Amendment 56 amends Schedule 3 to the Investigatory Powers Act 2016 to provide exceptions for disclosures of intercepted materials to inquiries or inquests in Northern Ireland and Scotland into a person’s death. This will create parity with existing provisions for coroners in England and Wales by putting relevant coroners in Northern Ireland and sheriffs investigating deaths in Scotland on the same footing as their counterparts in England and Wales. Where necessary in the interests of justice, intercepted materials can be considered in connection with their inquiry or inquest.

Government Amendments 59 and 60 will maintain the extent of the IPA 2016, as set out in Section 272 of that Act. They amend this existing power to ensure that the measures in the 2016 Act, as amended by this Bill, can be extended to the Isle of Man or the British Overseas Territories, thus ensuring consistency across the legislation. If the Government sought to extend any provision to the Isle of Man or any of the British Overseas Territories, this would require an Order in Council and the Government would, of course, consult the relevant Administrations well in advance. I ask noble Lords to support these amendments.

[Lord Coaker (Lab)]

My Lords, I will speak to my Amendments 57 and 58. They are obviously probing amendments but may generate a little discussion because they are none the less important.

Let me begin by saying that I accept absolutely what the noble Baroness, Lady Manningham-Buller, said about the important of ensuring the secrecy of much of what our security services and others do. That is an important statement of principle, and it was reinforced by my noble friend Lord Murphy when he recounted, as far as he could, some of the responsibility he had in his posts, particularly as Secretary of State for Northern Ireland. It is important to establish that I accept that principle.

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[Lord Fox (LD)]

My Lords, I shall be brief. Just on the subject of suspicion, which I think I raised it, I was thinking—perhaps I did not articulate it well—that it was at the political-class level. It is not hard to construct a suspicious scenario where a Westminster-based Executive are hacking an Edinburgh-based politician—I am sure that suspicion would apply there. However, the noble Baroness is right about the public.

The amendment in the name of the noble Lord, Lord Coaker, is important, not because this sort of thing needs to go into primary legislation, but because his point around emphasising public understanding and support which has come out is really important. He picked out the fact that a number of officeholders have worked hard at generating a positive profile for the services, and for that they should be thanked and congratulated. I would add GCHQ, the public profile of which probably did not even exist a decade or so ago. I have several very sad friends who can hardly wait with excitement for the annual GCHQ quiz to arrive. Things like that essentially draw attention to the nature of the work that such organisations do. I laugh at those friends but then I cannot solve it and they can, so perhaps they are the winners there. Those sorts of things do not shed light and throw open the doors on the things the noble Baroness and others fear should not be public, but they create an ambience around those services which is important.

Nobody has mentioned the amendments in the name of the noble Lord, Lord Sharpe, which I guess is exactly what he wanted, and I have nothing to add to them either.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the Committee very much indeed for the points raised in this short debate, which eloquently explained the fine balance that needs to be struck in this area. As this is the last group, I take this opportunity to thank all the men and women in all the security services, who do so much to keep us safe.

[Noble Lords]

Hear, hear.

[Lord Sharpe of Epsom (Con)]

It is nice to hear that the Committee reflects that sentiment.

I appreciate the sentiment behind the amendments in the name of the noble Lord, Lord Coaker, but the Government cannot accept them. He is right that public trust and confidence in public authorities’ use of investigatory powers is of course essential. The Investigatory Powers Commissioner, along with his judicial commissioners, fulfils that very important function, as does the Investigatory Powers Tribunal. The IPC provides independent, robust and transparent oversight of public authorities’ use of investigatory powers. The safeguards in the Act are world-leading in that regard. The IPT, meanwhile, provides for a redress mechanism for anyone who wishes to complain about the use of investigatory powers, even if they have no evidence of potential wrongdoing.

As the noble Lord is aware, the Investigatory Powers Commissioner is already required to produce an annual report, which is published and laid in Parliament. One of the purposes of this public report is to provide transparency around how the powers are used, any errors that have been reported on public authorities’ compliance with the legislation, and where he considers that improvements need to be made. Amendment 57 would not really provide meaningful or additional oversight over and above what is already in place, and would in many areas be duplicative.

On Amendment 58, the noble Lord, Lord Coaker, is seeking to introduce a similar requirement to that in the original Act, in that case requiring a report on the operation of the Act to be produced five years after it entered into force. That report was published by the Home Secretary in February this year and formed the basis for the Bill, along with the report from the noble Lord, Lord Anderson. As set out in the Home Secretary’s report—and noted by the noble Lord, Lord Anderson—it is the Government’s view that future legislative reform is likely to need to keep pace with advancements in technology and changes in global threats.

It is not necessarily helpful to put a time limit on when these updates should be made. The Bill makes urgent and targeted amendments to the IPA, and it is important that there is adequate time to implement those changes and assess over an appropriate period whether they are sufficient. As I said, the Government are well aware that future legislative reform is likely and, if I may channel my inner Ronan Keating, “Life is a rollercoaster”. I hope that my explanations have reassured the noble Lord, Lord Coaker, on the existing process in place and invite him to not press his amendment.

Amendment 56 agreed.

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Moved by

[Lord Sharpe of Epsom]

59: Clause 29, page 45, line 12, leave out “to subsection (2)” and insert “as follows”
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Sharpe of Epsom at page 45, line 14.

Refugees: Homelessness

Lord Sharpe of Epsom Excerpts

Wednesday 13th December 2023 Lords Chamber

[Baroness Thornhill (LD)]

I beg leave to ask the Question standing in my name on the Order Paper and declare my interest as a vice-president of the Local Government Association.

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

My Lords, in line with the practice every year, individuals who have received a decision on their asylum claim will not be moved out of asylum accommodation over the Christmas period. For this year, the dates are 23 December to 2 January inclusive.

[Baroness Thornhill (LD)]

I thank the noble Lord for that Answer. My concern was with recent Home Office data showing that around 90,000 outstanding decisions on older cases are forecast to be made before the end of December. Quite clearly, that would have a significant impact on certain councils, so will he please inform me, either now or in writing, what has happened in respect of that cohort? Does he agree that, with the demand for temporary accommodation at an all-time high, any increases are likely to overload the system and increase street homelessness? Will the Government consider increasing the notice time given to people in hotels from 28 days to 56 days, as in the Homelessness Reduction Act? Will there be a cessation over the Christmas period and in the colder weather so that plans can be put in place with the councils that are most impacted by this? Asylum distribution among councils is not equal; some councils are severely impacted.

[Lord Sharpe of Epsom (Con)]

The noble Baroness has asked me a number of questions. The Prime Minister committed in December 2022 to clear the historical asylum backlog by the end of this year. Those are the legacy cases, and provisional data to the end of November 2023 suggest that 80% of them have already been dealt with. It is nowhere near the figure that the noble Baroness suggested. I will write. I am reluctant to give provisional figures for obvious reasons—they still need to be verified.

On extending the 28-day move-on period, the asylum accommodation estate is under huge strain, as the House is well aware, so increasing the move-on period would exacerbate those pressures. There are currently no plans to extend the prescribed period of 28 days for how long individuals remain on asylum support once they have received the grant of asylum. We are engaging with the Department for Work and Pensions and DLUHC on ensuring individuals can move on from asylum support as smoothly as possible.

[Lord Bird (CB)]

My Lords, what are the Government doing about the increasing antagonism between UK people who are homeless and people who are refugees? We need to address this, because we do not want the outbreak of racism and all those other chauvinisms that are happening down at the bottom end of society.

[Lord Sharpe of Epsom (Con)]

I agree with the noble Lord; we absolutely do not want those. The Government work closely with police forces and other agencies to ensure that sort of thing does not happen.

[Lord Dubs (Lab)]

My Lords, the Minister talked about a period over the Christmas holidays when refugees would not be thrown out on the streets. How many are going to be thrown out on the streets when that period is over?

[Lord Sharpe of Epsom (Con)]

My Lords, obviously, I cannot predict what that number will be, as those asylum cases are still being processed.

[Lord Lancaster of Kimbolton (Con)]

My Lords, I declare an interest as someone who will be hosting a Ukrainian family for consecutive Christmases in our family home with my wife, and they are very welcome. It does, however, raise a medium-term problem: like many Ukrainian families, they came here on a three-year visa, and after 20 months, they are understandably thinking about what comes next. Our Ukrainians are happily settled here, working and contributing to the economy, and, if I am honest, probably do not want to go home, like many. President Zelensky desperately wants them to go home and contribute to the reconstruction of Ukraine. What will the approach of the Government to them be as they come towards the end of their three-year visa?

[Lord Sharpe of Epsom (Con)]

I commend my noble friend for his generosity in hosting the Ukrainian family and I associate myself with the remarks on how they are needed back in Ukraine—they will be needed when the reconstruction efforts in that country commence. Regarding what the Government are planning for the Ukrainian visa system, I do not have that information to hand but will come back to the House as and when it is available.

[The Lord Bishop of Gloucester]

My Lords, given what has already been said about the inadequate notice period, can the Minister give an assurance that no notice to vacate will be implemented when a severe weather emergency protocol has been announced?

[Lord Sharpe of Epsom (Con)]

I would take slight issue with the right reverend Prelate on whether the notice period is inadequate. I think that 28 days is more than enough, and there is huge pressure on our asylum system. As the House will be aware given that we talked about it the other day, the asylum and immigration system is costing this country £4 billion a year. However, ministerial agreement has been given to pause evictions for up to three days when a local authority has activated its severe weather emergency protocol due to poor weather conditions. This reduces the risks to life and enables the individual and/or local authority to find alternative accommodation arrangements.

[Lord German (LD)]

My Lords, the biometric residence permit gives successful asylum claimants access to public services, including, crucially, access to cash and funding for housing. What progress has the department made in bringing the notice to vacate closer to the time when it provides the permit? Bringing those closer together would give people the full time available to them to find appropriate housing because they would have the cash available. Without it, they cannot find the cash. I know the Government intended to make progress on this; what progress has been made in bringing those two dates together?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord is quite right. The move-on period is linked to when a biometric residence permit is issued and received because, as he points out, individuals generally require that BRP to access mainstream support—benefits, local authority housing, right to rent, bank accounts and so on. They are linked.

[Lord Watts (Lab)]

My Lords, during the Covid crisis, a lot of homes were made available for homeless people. Why have the Government let that slip and gone backwards rather than forwards?

[Lord Sharpe of Epsom (Con)]

My Lords, Covid presented a very different set of challenges to those we face today. We are attempting to relieve the pressure on the enormously overburdened hotels, and all the rest of it, that are costing this country £8 million a day and £4 billion a year.

[Lord Scriven (LD)]

My Lords, following on from my noble friend’s question, the Minister is correct that the Government are trying to align the permit period but, once a permit is received, it takes at least another five weeks before universal credit and housing benefit applications can be dealt with. Will the Minister go back to the department and look at the broader picture to align the two timescales so that people are not made homeless because they cannot claim those benefits?

[Lord Sharpe of Epsom (Con)]

I will take that up with DWP colleagues, as it sounds very much like it is for their department. I cannot answer the question.

[Baroness Chakrabarti (Lab)]

My Lords, in the spirit of Christmas, will the Minister reflect on his answer to the right reverend Prelate that 28 days is “more than enough” for a recognised refugee about to be evicted, whose knowledge of English may be minimal, who may have children and who might have suffered trauma back home?

[Lord Sharpe of Epsom (Con)]

Yes, I think so, because the refugee will have been processed under a legacy asylum case and will therefore have been in that accommodation for a very long time—over a year. They would have had ample time to learn English and embed themselves to some extent into British society. An extra month is perfectly generous.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, some of those in Home Office asylum care will be under 18. How confident is the Minister that none of those under-18s will ever be made homeless and that they will find their way into some form of social care provided by local authorities?

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[Lord Sharpe of Epsom (Con)]

Obviously, there have been a number of recent examples where things have gone wrong, but I am as confident as I can be that they have now been fixed. As has been said many times from this Dispatch Box, we are working carefully and closely with the local authorities concerned.

[Lord Roberts of Llandudno (LD)]

My Lords, this morning, I had the privilege of attending a fundraising effort by voluntary organisations, which help so much, especially at this time of year, with refugee problems. What acknowledgement do we give those many voluntary organisations and all the people involved for all the effort they give at this time of year to make refugees feel at home and able to enjoy Christmas?

[Lord Sharpe of Epsom (Con)]

The noble Lord raises a very good point. I am happy to add my congratulations, thanks and general appreciation to all those organisations involved in charitable activities of whatever sort at this time of year.