Misuse of Drugs Act 1971 (Amendment) Order 2023

Lord Coaker Excerpts

Tuesday 19th September 2023 Grand Committee

I ask the Government to think again about the reclassification because, on this side, we believe that a health-first, harm-reduction approach is badly served by these proposals. To meet these objectives, we call on the Government instead to do more to control the sale and to educate young people about the dangers.

[Lord Coaker (Lab)]

My Lords, I thank the Minister for his statement and the noble Earl, Lord Russell, for the points he made. Although I do not agree with the central tenet of what he said, he made some interesting points which need an answer. He has started a more general debate which is long overdue.

We support the SI, which brings nitrous oxide under the control of the Misuse of Drugs Act 1971 as a class C drug. As the Minister outlined, unlike the 2016 Act, it makes possession an offence. That goes against the advice of the ACMD, but we believe that the Government are correct in their evidence to do so. In fact, in the Explanatory Memorandum, the Home Office helpfully points out that in 2008 the then Government went against the advice of the ACMD when they—one Member of the Committee was in the Home Office at the time—took the decision to move cannabis from class C to class B, which I believe to have been correct, the reasons for which will be evident in what I will say about nitrous oxide.

As the Minister pointed out, 230,000 young people across our country are affected by nitrous oxide. That is an astonishing figure. What are the Government supposed to do in the face of that—just ignore it? I know the noble Earl, Lord Russell, would say, “Of course I’m not suggesting ignoring it, but there are alternative ways of dealing with it”, but the Government have a responsibility. It is good to see a large number of colleagues from Northern Ireland, because this extends across the whole of the UK.

As the Minister said, nitrous oxide is the third most misused drug among young people, and there is increasing evidence of harmful neurological effects. Rereading the comments made in the other place, I was struck that Justin Madders MP highlighted a London Ambulance Service survey that showed a 500% increase in the number of nitrous oxide incidents between 2018 and 2022. Beyond that, as many of us will know, is the impact on anti-social behaviour, as pointed out by many colleagues in the other place, including my honourable friend Alex Norris MP:

“Nitrous oxide causes significant problems in our communities”. —[Official Report, Commons, 12/9/23; col. 851.]


Many other Members of Parliament made the same point.

I am sure the Minister will agree that these communities are fed up with the nuisance and litter—as he pointed out—of the canisters and other materials in our streets and parks. As I said before, the Government needed to act. I believe that 13 tonnes of nitrous oxide canisters and other material were collected after the Notting Hill Carnival—13 tonnes of waste. What sort of impact does that have on young people walking around? What does it say to young children of three or four, or older people, or the majority of people who abide by the responsible way to behave in our communities? I understand that the noble Earl, Lord Russell, and others would not say that we should ignore that, but somewhere along the line you have to say, “This is not acceptable and we’re going to do something about it”. The Government are quite right. At the end of my remarks, I will come back to this to address a point made by the noble Lord, Lord Hayward.

I have some questions for the Minister, as there are some legitimate questions to ask. The Government’s figures say the SI will have an expected cost of £68 million to the police, courts, Probation Service and prisons. There is to be no additional funding to support that. Can the Government say why, and how it is to be funded? For example, their estimate is that there will be a need for 26 additional prison places. How will that be achieved, given the current crisis? Will this just be subsumed within it? Is there an expectation that it will be sorted out?

I agree very much with the noble Earl, Lord Russell, and the noble Lord, Lord Hayward, about the need to assess the effectiveness of the SI and monitor what happens. The Secondary Legislation Scrutiny Committee called on the Government to make sure that that was properly reviewed. I would like to understand exactly what the police view of the SI is and their—or the Government’s—expectation of increased prosecutions.

As Kit Malthouse pointed out, enforcement will be essential; otherwise, this becomes just another meaningless law. Obviously, the police will have guidance with respect to how this law is enforced. I agree that there must be flexibility. However, it would be helpful if the Minister could confirm the following. A police officer on the street will have flexibility in determining how they deal with someone who is caught in possession of nitrous oxide. It is not automatic that they will be arrested and will have a criminal record. That flexibility on the part of a police officer on the street is important—but it is also important that they have the flexibility to arrest on the basis of possession and can deal with the situation on the basis of the offence of possession. That will be an important step forward.

As I said, the ACMD did not recommend a change in the legal treatment of nitrous oxide but it suggested a number of other interventions, such as restrictions on direct consumer sales, smaller canisters to tackle non-legitimate supply, and the need for a public education programme. Can the Minister say a little more about these non-legislative changes that the ACMD said were important? I agree with the thrust of this, that there should be a change to the legislation, and this should be a class C drug. However, it is also important to recognise that the ACMD made other recommendations; it would be interesting to hear the Government’s view on what they will do in respect of those.

The Minister dealt with the question of the SI not impacting on the legitimate use of nitrous oxide. Can the Minister confirm that in the debate in the other place it was raised that the new SI proposed to deal with this will mean that there will not be any sort of policy gap between the new offence and ensuring that dentists and others with legitimate uses for nitrous oxide can carry on using it without any risk to themselves? We think the Government are right to act, but they need to make more of the damage to individuals, the link to ASB and the impact on communities.

As has been pointed out, if you look at where drugs laws have been relaxed, such as in San Francisco or Portland, there is absolutely no evidence that it reduces the harm caused by drugs. On the contrary, it increases the harm in those communities. That is the important point, and it would be interesting to have this debate around what the noble Lord, Lord Hayward, said. The Minister, Chris Philp MP, raised this in the other place, but I think we sometimes need to make more of that—

[Lord Hayward (Con)]

To clarify, I was asking a question, not necessarily advocating that the legislation should be relaxed. I asked whether, instead of banning, you might go for regulation or some other option. I was not putting forward any particular option.

--- Later in debate ---

[Lord Coaker (Lab)]

I thank the noble Lord for that clarification. I did not mean that; I am sorry if I gave the impression that I did. I think there is a necessity to review this. I want to quote Chris Philps, a Conservative Home Office Minister who I thought was absolutely right—“liberal” is not meant in a Liberal Party sense here. He said:

“I do not accept the thesis that we can have treatment only if we liberalise drug laws”.—[Official Report, Commons, 12/9/23; col. 868.]


I absolutely agree with that comment. Too often, it becomes a debate between someone who says we should have tough drug laws or someone who says we should have treatment and more diversion. Surely, the question is how we ensure that we have the correct balance between the two. We need drug laws that are harsh and effective in dealing with those who supply drugs, in particular, as well as with possession. However, alongside that we need to have appropriate community action: diversion, youth activity and employment, as well as treatment where necessary. That false dichotomy between the two does not help the debate.

As I say, we support the measures that the Government have brought forward. I hope that the questions I have raised are also helpful. Again, the Government need to do more to show people the evidence about what happens—the harm caused—when you relax drug laws and allow some of the liberalisation that is being called for. It is a false dichotomy to say that you must have either harsh drug laws or treatment. Surely, we need to put both together to ensure that we have the effective drugs strategy that we need.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all three noble Lords for their contributions to this important debate. A number of interesting points have been made. I will attempt to address them but, first, I thank the noble Lord, Lord Coaker, and the Labour Party for their support. Obviously, I regret the fact that the Liberal Democrats are unable to support this important public health and safety measure.

The Government disagreed with independent experts on this matter, as was noted by all the speakers in the debate. Turning to questions about that decision, we are of course grateful to the ACMD for its detailed report. ACMD advice is an essential part of our decision-making and we continue to have complete faith in its quality and rigour. However, the Government are entitled and expected to take a broader view, taking into account other relevant factors, which was necessary in this case. The ACMD referred to reports of increased neurological and social harms, such as drug driving and littering, associated with nitrous oxide misuse. This is alongside its widespread availability for illegitimate use and high usage, including among children and young people; I referred in my opening remarks to the large canisters that are now readily available.

As the noble Lord, Lord Coaker, noted, anti-social behaviour and visible drug use are issues of significant public concern, and we know that the harms of nitrous oxide misuse are being felt by communities. For that reason, the Government decided to go further than the ACMD’s advice to protect the public and seek to control nitrous oxide under the Misuse of Drugs Act 1971 as a class C drug. This will provide law enforcement with more tools to take action against illegitimate supply and use. As the noble Lord, Lord Coaker, helpfully pointed out, this is not the first time that a Government have disagreed with the ACMD: in 2014, for example, khat was controlled under the Misuse of Drugs Act 1971 contrary to the ACMD’s recommendations. I am also grateful to the noble Lord for mentioning the 2008 decision that reclassified cannabis as a class B drug against the advice of the ACMD; I applaud his decision then.

The Government consulted on this issue. We fulfilled our statutory consultation requirement to seek the views of the ACMD and considered its report carefully. However, as I just said, the Government are entirely permitted to take a broader view; the reasons for this are set out in our response to the ACMD, published on 27 March, which outlined the clear health and social harms associated with nitrous oxide use that led the Government to control the substance under the Misuse of Drugs Act.

The Government also undertook a public consultation to ascertain the nature and scale of legitimate use of nitrous oxide before formulating this policy, the results of which were published on 5 September. Provisions to enable legitimate drug use will be set out in a following SI that will come into force at the same time as this order, which is the normal legislative process for controlling a substance under the Misuse of Drugs Act 1971. So, in answer to the question from the noble Lord, Lord Coaker, there will be no gap.

On police support, we have heard from some in front-line policing who welcome these new powers. The National Police Chiefs’ Council is also supportive of this ban.

With regards to the treatment aspect, I could not agree with the noble Lord, Lord Coaker, more. It is never an either/or situation; it is a “both” situation. In relation to access to treatment, I refer Members to the Government’s drug strategy, From Harm to Hope, which was published in December 2021. It is clear about our ambition to achieve stigma-free treatment, providing the full positive effect of treatment services for those seeking help. Through this strategy, we are investing more than £2.8 billion over three years to support people through treatment and recovery; it includes support for those who have used a range of drugs, including nitrous oxide, and are suffering health harms. In the light of the reported rise in harms to individual users and society associated with heavy nitrous oxide use, we believe that it is necessary to take action also to restrict access to this harmful drug and reduce its misuse by, as I said, classifying it as a class C drug.

As regards legitimate use—obviously, those were legitimate questions from noble Lords—we are conscious of the need to ensure that our approach enables the continued use of nitrous oxide for legitimate and lawful purposes, of which there are many. The Government accepted the ACMD’s recommendation to consult on legitimate uses, as I said. We published our response on 5 September. That information is now being used to design the regime that will enable lawful use for legitimate purposes.

The exact proposals are still being drawn up and will be set out in a subsequent statutory instrument, as I said. However, it is worth repeating that the order we are debating today will come into effect at the same time as the accompanying amendments to the Misuse of Drugs Regulations 2001, so there will be no gap between the control of nitrous oxide under the Misuse of Drugs Act 1971 and provisions enabling its legitimate, lawful access.

The noble Earl, Lord Russell, asked about the risk of criminalising young people. That is a perfectly valid concern: will it result in the overcriminalisation of young people in particular given that the drug is so prevalent among those aged 16 to 24? However, we can assure the Committee that the Government seek a proportionate approach, in answer to the question of the noble Lord, Lord Coaker. We entrust that task to law enforcement agencies, which have a range of powers at their disposal to enforce the law—including out-of-court disposals, which are non-criminal sanctions, where they judge those to be proportionate and effective.

It is also our intention that the ban should have a preventive effect so that, over time, it reduces the number of users, in particular children and young people. We will update education resources for schools, directly accessing the children who may be at risk of becoming users. Those resources will describe the harms of drug taking and will communicate the new law to children. I also talked to the director of communications at the Home Office this afternoon before coming here; he assures me that work on this is well under way and, indeed, innovative.

I finish by saying to the noble Earl, Lord Russell, that the damage to their life prospects—

[Lord Coaker (Lab)]

I am sorry to interrupt but the point that the Minister just made is really important; I know that other noble Lords are waiting for the next SI. If you are talking about young people and the director of communications at the Home Office is talking about innovative work, it is no good putting a press release out to the BBC. It must be on all the various platforms that young people look at. I am sure that the director of communications is on top of that but can the Minister ensure that this is on social media, whatever that means now, and is not just a press release to the BBC?

[Lord Sharpe of Epsom (Con)]

I am very happy to reassure the noble Lord on that point because I asked him the same question. He said, “Yes, absolutely, of course it will be. There is no point in shoving something through their letterbox”. I agree with him; we need to find alternative letterboxes, I suppose.

As I was saying to the noble Earl, Lord Russell, the damage to children’s life chances is certainly not as lasting as the neurological damage that they may suffer.

In answer to my noble friend Lord Hayward, I do not believe that the ban will provide criminal gangs with an opportunity to profiteer from supply; it will only shrink the space for them to do so. Nitrous oxide is already being supplied illegally for misuse by lone dealers and criminal gangs. These measures will give the police and enforcement agencies greater powers to stop illegal supply.

My noble friend also asked me about a possible review of the Misuse of Drugs Act. There are no plans to conduct a review of that that I am aware of. However, in July 2022, the Home Office launched a consultative White Paper—Swift, Certain, Tough: New Consequences for Drug Possession—which proposed new policies to reform the way the criminal justice system deals with adult drug possession offences, particularly tackling so-called recreational drug use. That consultation closed in October 2022. An analysis of the responses is under way.

The outcome of this analysis and the responses provided will obviously help to inform future policy direction in dealing with low-level position offences. A government response to the consultation will be published in due course. Of course, the Government keep drug legislation under review and will reconsider the status of particular substances where it is appropriate to do so, obviously while continuing to take into account advice from the ACMD.

All three noble Lords asked me about the expected costs of the policy, in particular its effect on prison places. As has been noted, the central estimate for custodial sentences is 200 per year. We are confident that there will be capacity for this potential increase given that prison occupation is already at 99% capacity. When we estimated the impact on prison places, we also looked at the average custodial sentence length and considered that alongside the volume of custodial sentences estimated per year. It results in an annualised estimate of 26 prison places across the UK. We are taking action to reduce the pressure felt on the prison estate, including expanding capacity by an additional 2,400 places beyond the 20,000-place build programme since September 2022, so we will always have the capacity to serve the needs of the courts.

Noble Lords asked about the increasing cost of the policy. I cannot really go into detail on that because there are so many variables in working out impact assessments of this type, as will be obvious. However, there are record numbers of police officers operating in this country now—more than there have ever been before—and I certainly believe that they have the capacity to deal with this.

In closing, I hope that I have answered all the relevant questions. I once again offer my thanks to all who participated. I am grateful for the insights and the challenge that has been brought to bear on this debate. This is an issue that must be confronted and dealt with before it gets worse. Public health and public safety are vital, as is the effort to tackle anti-social behaviour.

Before I commend this order to the Committee, I have just remembered that I have forgotten to say one thing, which is about an ongoing review. On 16 June, we committed to a post-implementation review of the control of nitrous oxide under the 1971 Act, as outlined in the Minister for Crime, Policing and Fire’s response to recommendations 2 to 7 of the ACMD’s updated harms assessment. That was published on GOV.UK. I am quite sure that noble Lords will remind me if that is not forthcoming but, for now, I commend the order to the Committee.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2023

Lord Coaker Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Cormack (Con)]

My Lords, my noble friend makes a very good point, which I am sure the Minister will take on board. I join the noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Purvis, in welcoming what my noble friend the Minister said earlier. Many of us—in particular the noble Lord, Lord Purvis, who was the first to raise this on the Floor of the House—have referred to this matter in the past. This is a truly evil organisation.

What worries me is this: in the light of the brutal events in Russia a couple of weeks ago, with the death of the founder of this ghastly group, what is going to happen in Africa? There is a real danger. I hope that my noble friend, although I realise that he is from the Home Office not the Foreign Office, will be able to give some reassurance that activities in Africa are being monitored as closely as possible and that we are doing all we can to strengthen our relations with legitimate and acceptable African Governments. What is going on at the moment is subversion of the most brutal kind and suppression of nascent democracy of the simplest sort.

I believe that, if we are not careful, bearing in mind the population of Africa by the middle of the century, we will see a danger build up that will distort the very fabric of world civilisation and relations. I think proscription is excellent. It is too late, but it is good, and we are grateful for it, but we must have careful regard for what these people are still doing, even though their dreadful, satanic funder is now dead.

[Lord Coaker (Lab)]

My Lords, I thank the Minister, the noble Lord, Lord Sharpe, for his statement and for the apology that he made in his usual courteous way. Any such debate should begin by paying tribute to all the exceptional people who work tirelessly in our security services, the Government and the police to keep us safe.

The order before us today adds the Wagner Group to the list of proscribed organisations in Schedule 2 to the Terrorism Act 2000. It therefore becomes an offence to engage in various activities, as the Minister outlined, such as promoting or supporting the group, and it allows property to be seized. We fully support the Government in taking this action and welcome the proscription of the Wagner Group. It is a necessary step to meet the threat it poses.

The Minister will know that there have been calls for this proscription for a considerable period of time. The shadow Home Secretary called for it in February and the former chair of the Foreign Affairs Select Committee was a strong advocate of it and, although he has moved on to other areas, I hope he had an influence. The noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Purvis, have also been strong advocates for this designation. In May, we saw France take action against Wagner as a terrorist organisation and the United States has designated it a transnational criminal organisation. Given all this, it would helpful if the Minister could explain why it has taken until now to designate Wagner, whether there are any lessons to be learned about whether the Government could have acted sooner, and why they did not act more quickly.

The Minister will know that, as mentioned by the noble Lord, Lord Polak, and others, there are concerns about other groups, such as Iran’s Islamic Revolutionary Guard Corps, and our security, so it is important to ask the Government what their policy is towards these state-sponsored actors, which we discussed quite significantly and at great length during the passage of the National Security Bill, which is now an Act. Can the Minister confirm that there are ongoing discussions across government to address any tension that exists, including in the proscription group that the Minister mentioned? We know that there are difficulties between the Home Office and the Foreign Office with respect to the proscription of various groups, so will the Minister say a little bit about how the Government are seeking to resolve that? Can he outline what, if anything, the recently refreshed Contest strategy had to say about the national security threats posed by state and non-state actors?

Can the Minister update us on the 81 individuals and entities recently identified by the Foreign Affairs Select Committee as linked to Wagner? Is it still the case that by July, only one-quarter of those 81 individuals had been sanctioned? Surely more can be done more quickly. Can he lay out for us the territorial application of this order? We know that Wagner has a record of violence, theft and murder, from Ukraine to Syria, from Mali to Mozambique. We know it has been involved in the massacre of civilians in places such as the Central African Republic and that it trades violence for natural resources. Indeed, the Minister helpfully outlined many grotesque details of what the Wagner Group has been involved in. Indeed, the noble Lord, Lord Cormack, highlighted that in his contribution. It would be helpful for us to understand what practical effect the order will have on any of these activities and what practical effect the Government consider this proscription will have in the UK.

The Government have the defending democracy task force. Can the Minister say anything about it, given the threat that Wagner poses? Can he give us any update on the Government’s view on the future of Wagner, given recent events? We strongly support the Government’s actions in Ukraine. Of course, President Zelensky called for the proscription of Wagner, so this is another important step in the demonstration of our solidarity with Ukraine. The Minister mentioned that the Government are trying to encourage other Governments to take similar action. Can he say more about that?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point. He reminds me that I should have commented on his comments about a very specific country, which of course I am not really able to do in detail. I am sure that diplomatic efforts and overtures are ongoing. I am certainly happy to write to the noble Lord in as much detail as I am able to.

[Lord Coaker (Lab)]

I was concerned when I read the Foreign Affairs Select Committee report about the 81 individuals who had been identified as linked to Wagner and how only a quarter had been actively sanctioned by the Government. Can the Minister update us on what is happening with that? If not, perhaps he can write to me and put a copy in the Library.

[Lord Sharpe of Epsom (Con)]

The noble Lord, Lord Coaker, will not expect me to comment on live or ongoing situations. I will find out what it is possible to say and certainly have a conversation with him or place a letter in the Library, depending on what I am able to say.

I offer thanks to all who have participated in this debate. Through this proscription, the UK will again demonstrate that we will not waver in our support for Ukraine and will hold Russia to account for its aggression. We condemn Wagner’s role in Russia’s war. Its wider activities have consistently been linked to human rights violations. Through this action, we are sending a message loud and clear that the United Kingdom will never stay silent in the face of injustice or stop fighting terrorism. Finally, in answer to the noble Lord, Lord Coaker, about Wagner’s future, I sincerely hope that it does not have one. I commend this order to the House.

National Crime Agency: Fraud and Economic Crime

Lord Coaker Excerpts

Monday 11th September 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord will be aware, from other conversations that we have been having around the various aspects of the Bill that will go through the House this afternoon, that the agencies tell us they are appropriately resourced. I cannot account for the small number of UWOs that have been issued, but I will continue to keep it under review and report to the noble Lord.

[Lord Coaker (Lab)]

My Lords, my noble friend Lord Browne made a really good point about the number of people investigating fraud, because people generally feel that fraud is given a very low priority. The Government themselves have said that in recruiting people there is a particular need to understand that the type of person with the sorts of skills that need to be recruited may be different from the normal crime-fighting model that we have. They have also said that they are taking steps to address that, particularly in respect of cybercrime. Can the Minister update us on what the Government are doing to recruit people with the necessary skills in this area?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point, and I think he is aware of my opinions on this subject. Clearly, it is a difficult area for the entire economy—not just the agencies responsible for fighting crime but those who are involved in the online world where, of course, much of this crime takes place. I have referred to the large number of new officers being recruited; as far as I understand it, they are on track to be recruited according to the timescales that have been set out. I cannot really comment any more on the recruitment process itself, but I will certainly ask the question and come back to the noble Lord.

Asylum Seekers: Channel Crossings

Lord Coaker Excerpts

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Of asylum claims made in the 12-month period ending June 2023, 46% were made by those who were entering illegally via a small boat. The remainder were made up of other types of illegal entry—for example, in a lorry, or those who have come to Britain by a lawful route with their tourist, work or study visa and then claimed asylum when they were here, or overstayed a visa when they were here legally. I hope that explains to my noble friend how that figure was arrived at.

[Lord Coaker (Lab)]

My Lords, further to previous questions from my noble friend Lord Blunkett and the noble Lord, Lord Howard, the Minister has spoken of doing more to disrupt the actual supply of small boats, which are often flimsy and extremely dangerous. The Minister facilitated a visit for me to see this first hand, which I was very grateful for. Last night, he said that the Home Office is speaking with the French about what to do about this, because it is a real problem. On a practical level, why is it that we cannot do more to disrupt the supply of these small boats, which are not manufactured in France? Can the Minister update the House on what is happening with that?

[Lord Murray of Blidworth (Con)]

I agree with much of what the noble Lord says. Clearly, disruption upstream of the criminal gangs is really important. Minister Jenrick visited Turkey in the last few weeks and the Turks have agreed, with the UK Government, to facilitate work to disrupt the criminal gangs. I understand that a lot of the boats are made in Turkey and a lot of the parts come through there, so that will be a vital part of the battle against the gangs. My right honourable friend the Minister for Security visited Iraq with the same objective. This is an important part of the strategy in fighting the upstream element of the gangs. Working with the French is something that is ongoing, and is one of the benefits of the agreement that the Prime Minister made earlier in the year. I am very grateful for the question.

Illegal Migration Update

Lord Coaker Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, even as we discuss yesterday’s illegal migrants Bill update, new information emerges which requires the update to be updated, as we read in today’s papers of various claims and counter- claims. First, can the Minister explain to us where the Home Office will find the additional £2 billion a year, because it will no longer be allowed to use the foreign aid budget to pay for migrants in hotels? This is a result of the illegal migrants Act. Is this report from the Independent Commission for Aid Impact accurate? Why has it never been mentioned? Did the Minister know about it, because when he was asked about it earlier by another noble Lord, he did not know anything about it. So can he update us on whether this should have been mentioned, or whether the reports of that additional £2 billion are wrong?

This Saturday we saw the year’s record numbers for a day, with 870 people crossing the channel. So far this year, 21,000 people have crossed the channel in small boats. Can the Minister tell us how many of those were children and what the estimate is of the numbers waiting in France for the opportunity? If the weather improves, does the Minister expect that that number will continue to grow?

As we watch the Government move from crisis to crisis on migration, can the Government update us on plans to house migrants? Is it the case that the Army base in the Prime Minister’s constituency is still to be used, and not dropped, as a possible option, as Sir Edward Leigh MP said yesterday in the other place? When will the “Bibby Stockholm” barge be fully utilised? Has all the legionella in the water supply now been dealt with? What happened with “Bibby Stockholm”, and when did Ministers become aware of the problems? What plans does the Home Office have for more barges or, as I read in the papers over the Summer Recess, for marquees?

The Prime Minister keeps declaring victory in respect of small boats, yet the “small boats week” designed to highlight success was a catastrophic failure that merely highlighted that fact. Is it not the case that the asylum backlog is still at record levels? Migrants continue to cross the channel in huge numbers, the provision of detention facilities outside hotels is a mess, and costs continue to rise. Can the Minister also update us on how many failed asylum seekers under existing laws are awaiting deportation?

We have continually called for proper returns agreements, particularly with France; safe routes; stronger police action nationally and internationally; dealing with the problems at source; and speedier decision-making. This Government remain in denial, while passing ever more laws, some of which undermine our international reputation. Can the Minister also tell me whether he agrees—and, if not, why not—with the deputy chair of the Conservative Party, Lee Anderson MP, who said that his party had failed on immigration and that it had allowed the situation to get, to quote him, “out of control”?

We all believe that the small boat problem needs resolving—it needs dealing with—but greater competence and sensible policy would make a real difference, rather than always seeking tomorrow’s headlines. Is it not about time that the Government got a grip on this problem and, as a start, were actually competent in implementing the policies they put before us, rather than the incompetence we see day after day and week after week?

[Lord German (LD)]

My Lords, I will not repeat the questions which have already been asked, except to emphasise the issue about the ODA money and the question of where on earth they will find funding for this to be changed.

This Statement is, basically, very thin gruel, because it opens the door to more problems than the problems we had already raised. I will question two of those big problems which are additional to the ones which have already been asked. The first is about the number of claim withdrawals. There has been a big increase in withdrawals of asylum claims, particularly from countries which have a very high grant rate for asylum claims. The previous rules on treating asylum claims as withdrawn provide three reasons that an asylum claim will be treated as implicitly withdrawn. The new version of the rules, since we completed the debate before the Recess, now adds two more grounds: failure to maintain contact with the Home Office or to provide up to date contact details, and failure to attend reporting events unless due to circumstances outside the applicant’s control. The Government say that the rule changes are to improve clarity regarding the withdrawal of asylum applications. It is difficult to see how adding yet further grounds will do anything other than increase the number of people who have genuine asylum claims thrown out.

The claims that I want to talk more about are those where, according to the rules, the circumstances in which an asylum claim will be treated as explicitly withdrawn have now widened. Before, the only circumstances in which a claim would be treated as explicitly withdrawn were where an applicant signed a specified form. Now, an applicant may also

“otherwise explicitly declare a desire to withdraw their claim”.

Can the Minister clarify what the “otherwise” circumstances are? These are new circumstances, but nowhere are they explained. How can he be sure that these people do not require protection, and what happens to them once their application has been withdrawn?

I will now follow on from the question I asked the Minister earlier today about the moving on process from Home Office accommodation. He indicated today that the process would be very swift, and he did not demur from the seven days I mentioned. That was down from the 28 days that currently exists; seven days now seems to be the new norm. We understand the urgent need to move people out of hotels and into more appropriate, community-based accommodation, but the way to achieve that is not by evicting them into homelessness—in effect, dumping them on the front door of the local authority, many without the biometric certificate which is the essential ticket to getting universal credit and the gateway to a home.

So my questions are these. What, if any, communication exists between the Home Office and local authorities of the names and details of those who are to be released and when? At what point, following the letter telling the recipient they have leave to remain, do recipients receive their biometric certificate, without which they cannot really proceed anywhere? Is there any standard of service in the Home Office on any time gap between the letter arriving saying that they have leave to remain and the biometric certificate being delivered? The Minister spoke today of the need to protect the service provision, but the actions taken by the Government focus entirely on the numbers issue, not on seeking a sensible solution to those coming through and out of the system. I fear that we are in for many more debates on the chaos left by a system that is driven by numbers and not by people.

Asylum Applications Backlog

Lord Coaker Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I rather agree with the noble Lord. The Government’s policy is to reduce expenditure on hotels, which will free up more government money to be spent on overseas aid. I can reassure the noble Lord, the House having passed the Illegal Migration Act, that one of its consequences is that those in the cohort covered by Section 2 will not be able to make asylum claims. As a result, they will not be in the asylum backlog.

[Lord Coaker (Lab)]

My Lords, can the Minister confirm that since the Prime Minister pledged to clear the pre-June 2022 asylum backlog the Government are now withdrawing many more claims, meaning that they no longer count? Can he say how many such claims have been withdrawn and whether a Home Office official was right when reported in the press as saying:

“This is done to basically bring the backlog down”—


in other words, changing the way the Government count numbers to give them the result they want?

[Lord Murray of Blidworth (Con)]

No is the short answer. The Home Office is committed to ensuring that the asylum system is not open to abuse. By promptly withdrawing asylum claims from non-compliant individuals, we are ensuring that decision-making resources are concentrated on those who genuinely wish to continue with their asylum claims within the UK. Asylum seekers can withdraw their claim, should they no longer wish to claim asylum in the UK, and may do so for a variety of reasons, including that they want to leave the UK or have permission to stay on another basis. Asylum claims may also be withdrawn where the individual fails to comply with the asylum process or absconds before a decision is made on their claim.

Creative and Cultural Industries: Impact of Visa and Immigration Policies

Lord Coaker Excerpts

Tuesday 25th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I agree with virtually everything the noble Baroness said. I reassure her that we remain committed to expanding our YMSs—youth mobility schemes—to more nations, including, but not limited to, those within the EU. Those youth mobility schemes provide cultural exchange programmes, to allow a person aged between 18 and 30 from participating countries and territories to experience life in the United Kingdom for up to two years. As the noble Baroness says, it is subject to bilateral reciprocal agreements which benefit British citizens equally.

[Lord Coaker (Lab)]

My Lords, can the Minister explain why so many people in the creative industries are complaining about the length of time it takes to get a visa and why they often cannot get their equipment here? From listening to what the Minister outlined, there does not seem to be any problem, but that is not the view of the creative industries, so what will he do to sort it out?

[Lord Murray of Blidworth (Con)]

I reassure the noble Lord that the visa system is operating within the service standard in every sector, so there is no delay in creative visas being awarded to those who apply. The system works well. I simply do not recognise the account that he gives; if he has any particular cases, I would be grateful if he would write to me, and I can look into them.

Contest: UK Strategy for Countering Terrorism 2023

Lord Coaker Excerpts

Monday 24th July 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I thank our agencies and all involved in keeping us safe. The Home Secretary reminded us, just a few days ago, that the threat from terrorism is again rising, and that 39 late-stage terror attacks have been prevented in the last six years. There are many questions, including on the proscription of state actors, but I will concentrate on one aspect. We are told individuals may develop a terrorist mindset during their time in prison and that four of the nine terrorist attacks since 2018 have been perpetrated by serving or recently released prisoners. That is obviously extremely worrying to us all. What more can be done to prevent this radicalisation in prison?

Illegal Migration Bill

Lord Coaker Excerpts

Consideration of Commons amendments
Monday 17th July 2023 Lords Chamber

[Noble Lords]

Front Bench!

[Lord Coaker (Lab)]

My Lords, I support my noble friend Lady Chakrabarti’s Motion A1. We believe it to be a very important Motion.

The only comment I will make in response to the Minister’s opening remarks on the passage of the Bill in the other place is this. We have always said that the Government have a right to get their legislation, but this place also has a right to put forward amendments and to ask for revisions and consideration. It does not help us to believe that this place receives proper consideration of its amendments when the Minister in the other place announced at the end of last week, even before proper consideration, that no concessions would be made with respect to what this House is proposing. That is not the way for business to be conducted. This place has a proper constitutional role to play, which includes sometimes saying to the Government that they should think again, and even sometimes saying it twice.

[Lord Murray of Blidworth (Con)]

My Lords, I simply cannot accept the proposition advanced by the noble Baroness, Lady Chakrabarti. As the House will remember from the last occasion, a court always has regard, if possible, to the international treaties binding the United Kingdom, as was made clear by Lord Dyson in the Supreme Court in the Assange case.

The noble Baroness’s amendment is simply unnecessary, and, in addition, it would have the effect of changing the constitutional relationship of our law and international law. I am afraid, therefore, that I cannot accept her proposed Motion. I invite noble Lords to vote against it in the event that it is not withdrawn.

--- Later in debate ---

Moved by

[Lord Coaker]

At end insert “, and do propose Amendment 56D in lieu—

56D: Clause 21, page 26, leave out line 19 and insert—
“(3A) If the relevant exploitation took place in the United Kingdom, subsection (2) also does not apply in relation to a person—(a) for a period of 14 days following the making of the decision referred to in subsection (1)(b), renewable (more than once) should the Secretary of State deem it necessary for a victim to establish cooperation with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation; and(b) on expiration of the period in paragraph (a), whether or not that period has been renewed, if the Secretary of State is satisfied that the person is cooperating with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation for the duration of those criminal proceedings thereafter.(3B) Where subsection (3) or (3A) applies in relation to a person the following do not apply in relation to the person—(a) section 22,(b) section 23, and(c) section 24.(4) In this section—””

[Lord Coaker (Lab)]

My Lords, I first declare my interest as a trustee of the Human Trafficking Foundation, and the work that I do with Nottingham University in the Rights Lab there, as declared in the register of interests.

There are times when you stand up in this House and are proud to do so to move a particular amendment. I am proud to stand up and move this amendment before your Lordships late this evening, in defending what I think was one of the finest pieces of legislation that this country has passed in many a year. That legislation was passed in 2015 by the previous Conservative Government. Many people, as I look across this Chamber, were members of that governing party at that time. If you had said to me eight years ago that I would be stood here defending that Modern Slavery Act in the face of what a Conservative Government were doing, I would have found that almost impossible to believe.

Why do I say that? Because even today, a significant number of Conservative MPs voted for a Conservative Peer’s amendment; namely, that of the noble Lord, Lord Randall, another fine advocate of the work in this area. A former Conservative Prime Minister—not to be dismissed, I would say—and former Home Secretary, Theresa May, found it unbelievable, astonishing and incredible that her own party was driving a coach and horses through the legislation of which she was proud, of which this country was proud, and which, in fact, as many of your Lordships will know from the international conventions and conferences that they go to, has been used as an example by other countries across the world.

So I stand here moving this Motion F1, which seeks to protect UK-based victims of modern slavery with a 14-day grace period, which can be renewed by the Home Secretary, to allow them to access support and to facilitate co-operation with the authorities in relation to criminal proceedings against traffickers. During that period, all it does is restore and reapply the protection offered under the recovery period of the Nationality and Borders Act.

It is not just about helping the victims, important as that is; it is seeking their co-operation to see criminal gangs prosecuted. Noble Lords across the House have experience. All it seeks to do is, for a certain period of time, to disapply the measures contained within the Bill which would see potential victims of modern slavery detained and deported. Is that what people want? I do not believe that anybody wants that. Even people who are going to vote for this tonight do not want that. But that is the consequence should people vote for this particular piece of legislation. I am not one of those who believe that noble Peers opposite want to see victims of modern slavery dealt with in that way. All I ask them to consider is that that will be the consequence. In the Bill, there is no grace period. There is no period which will disapply the Bill from potential victims of modern slavery. They can be instantly detained and deported.

Co-operation with the police can take place overseas—what planet is that on? On what planet do we believe that you can deport a victim of modern slavery to wherever and they will continue to co-operate with the police of this country? Those victims are terrified and victimised, as are their families. You will not be able to seek what we all desire, which is to see more criminal gangs brought to justice.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

My Lords, as I indicated in my opening remarks, I agree with my noble friend Lord Randall—from his speeches in earlier stages of the Bill—and much of what the noble Lord, Lord Coaker, said, that we are of a similar mind as to the support offered to victims of exploitation that takes place in the United Kingdom. It remains the Government’s view that statutory guidance is the appropriate way to achieve this aim, and for that reason the Government resist the amendment proposed by the noble Lord, Lord Coaker.

Moving on to deal with the revised Amendment 103D, to which the noble Lord, Lord Coaker, spoke, he seeks to confer an explicit statutory duty on the NCA director-general to produce a report within a period of three months, beginning with the day on which the Act is passed and every three months thereafter. I am sure that noble Lords will join me in thanking the officers of the National Crime Agency, who consistently bring their expertise and dedication to combating serious and organised crime and making the UK a safer place. With regard to publishing reports, surely noble Lords can agree that the NCA’s time is better spent focusing on reducing serious and organised immigration crime and arresting the criminals behind it rather than producing reports. One has only to read the NCA’s annual report to appreciate the range of activities it is already engaged in to help tackle the cross-channel people-smuggling gangs. The NCA has also published its annual plan for 2022-23, which sets out priorities for the year ahead and how it will deliver them. I commend it to noble Lords.

On Amendment 107E, proposed by the most reverend Primate, I welcome the fact that he has put forward a new amendment which no longer seeks to provide for a 10-year strategy but rather a one-off debate. However, I am afraid that the Government remain unpersuaded of the case for his new amendment, and it is not accepted by the Government. It is not for the United Kingdom in isolation to assess the effectiveness of the refugee convention, as the amendment appears to suggest.

For all those reasons, I invite the House, in the event that any of these matters are put to a Division, to oppose them.

[Lord Coaker (Lab)]

My Lords, for the reasons that I outlined earlier, and for the reasons that I gave with regard to the Modern Slavery Act, I beg to move my Motion F1 and wish to test the opinion of the House.

--- Later in debate ---

Moved by

[Lord Coaker]

At end insert “, and do propose Amendment 103D in lieu—

103D: After Clause 60, insert the following new Clause—
“Reviews: NCA organised immigration crime operations(1) The Director General of the National Crime Agency must, within the period of three months beginning with the day on which this Act is passed and every three months thereafter—(a) prepare a report summarising the nature and outcome of organised immigration crime operations undertaken by the National Crime Agency in the preceding three months, and(b) send the report to the Secretary of State.(2) Upon receiving each report under subsection (1)(b) and subject to subsection (3), the Secretary of State must, as soon as practicable, lay each report before Parliament.(3) The Secretary of State may, if they deem it appropriate for reasons of national security, publish a summary of any report from the Director General rather than publishing the report in full.(4) For the purposes of this section, “organised immigration crime operations” are operations to combat organised crime where the purpose of that crime is to enable the illegal entry of a person into the United Kingdom via the English Channel.(5) This section ceases to have effect at the end of the period of two years beginning with the day on which this Act is passed.””

--- Later in debate ---

[Lord Coaker (Lab)]

My Lords, I beg to move.

Electronic Travel Authorisation

Lord Coaker Excerpts

Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Viscount for that question. He makes an important point. As I have said before in this House, we endeavour to operate our e-gates policy on the most welcoming basis we can, and this includes allowing EEA nationals to use our e-gates. It is perhaps unfortunate that the same privilege has not been extended reciprocally so far, but this is something officials continue to work on. I reassure the noble Viscount that my understanding is that the Schengen border area negotiations resulted in an agreement that there would be exemptions for residents and family members of EU citizens from ETIAS, although it is a little unclear what those are and how they will be affected at this stage.

[Lord Coaker (Lab)]

My Lords, is it not the case that, whatever systems are used at the border, staff are needed to oversee the border and the e-gates? Can the Minister comment on the recent Daily Mail article, which said that the Defence Secretary

“has refused the Home Secretary's request for 750 troops to be deployed to plug gaps in the UK’s Border Force—claiming that Ms Braverman should have made contingency plans for the shortages, rather than expecting him to act as a last-minute stop-gap”?

The Home Secretary has said that, without those 750 members of the Armed Forces

“to help man immigration posts to cover for striking or absent Border Force officers, then British travellers could face long queues”.

What does the Minister say to that?

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for that question. It is quite a long way from comparing ETIAS and ETAs, of course, but the short answer is that the figures that appeared in the Daily Mail article relate to the military aid to civilian authority application, which was made in order to make up for shortfalls in Border Force staff during strike action. I am glad to confirm for the House that there is no strike action planned during the peak of the summer season. I can also confirm that the Border Force strikes at Christmastime saw the effective deployment of soldiers; I am sure that Members of this House are grateful to them for their excellent work on that occasion.

I can assure the noble Lord that we have trained and are ready to deal with situations relating to a shortage of Border Force staff. We have recruited more staff, cancelled some leave and trained staff to address more front-line roles, so the noble Lord should be satisfied with that.