Protection of Freedoms Bill

Baroness Nicholson of Winterbourne Excerpts

Wednesday 15th February 2012 Lords Chamber

[Lord Judd]

My Lords, I welcome this amendment and commend it most strongly to the Government. I am also glad to hear the Minister’s indication that the Government are going to look sympathetically and positively at what the amendment says and what lies behind it. I will make a couple of points. First, it is particularly significant that the amendment stands in the name of the noble Lord, Lord McColl. The noble Lord is not a man who indulges just in rhetoric—his humanitarian commitment is demonstrated in his own direct work, for example in west Africa. When somebody with practical demonstration of human concern speaks out, it is always doubly important to listen. The noble Lord and the other supporters of this amendment have of course spoken up for civilised values and are trying to give some substance to what we like to say this society is about—what we believe the England, or the United Kingdom, we want to live in is about, when it comes to a pressing social issue. By putting the amendment forward so well, it seems to me that they have also endeavoured to give substance to the commitment that we gave before the world when the conventions were being drawn up. It is not just about what the conventions demand—we were speaking up positively in favour of the conventions. It is therefore particularly disgraceful when we have situations that contradict what those conventions say.

I want to say one other thing. Very recently, we were celebrating Charles Dickens’s 200th anniversary. I have absolutely no doubt whatever that, had Dickens lived today, he would have been writing powerfully about this story. My noble friend Lady Massey has spelt out the realities. Of course, another reality is the damage that is done to the future lives of children in this predicament—the potential delinquency and all that follows from that; the potential recruitment to ugly causes that could easily arise from experiences of this kind.

Most important of all, we talk about the need for expertise and people with knowledge of the law who will be able to find practical solutions because they are professionally qualified to do so. That is crucial, and we do not want to go down the road of sentimentality; but at the same time, what would Dickens have brought out? Dickens would have brought out that child’s loneliness and isolation when faced with all the awe of the legal system and the immigration administration, however well intentioned the people within it might be. Dickens would have brought out that that child desperately needed a friend—it is not just expertise they need, but friendship to help them build their lives and future. They need love. Why do we, in this House, always hold back from talking about the importance—the muscular importance—of love in our society? Those children need love.

However, for love to be effective, it must be backed by serious work and commitment, from people with serious and relevant qualifications bringing them to bear. We will not find a solution simply by good, decent, administrative intent; we will find it by the quality of the relationships. In speaking out as I do on this point, it should be stressed over and over again that this is not just a matter of the responsibility of the immigration or other authorities, it is our whole society’s responsibility. Dickens would have wanted to wake up the nation, as a community, to the reality of the situation in its midst. There has to be an awakening of social and public responsibility across this land, if we are to find the real and lasting solutions to not just this issue but all the issues of which this is a particularly acute symptom. I, for example, would love for this amendment to have gone a little further. I do not think it would have been practicable in this context but, perhaps at some stage the amendment could be taken forward to include all children in the immigration system who find themselves alone, not just the children who are victims of trafficking.

[Baroness Nicholson of Winterbourne]

The Minister’s reply to the amendment of the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and others has been most warmly welcomed. When he examines this, will he put his mind to the further thought that trafficked children are highly likely to be retrafficked? This splendid amendment has an underlying assumption that somehow the children will be safe forever once they are here and there is a legal guardian and a framework around them. Of course, that is not the case. Trafficked children are hugely vulnerable. Naturally, there is a point in this amendment that locates their parents again and very probably, in most cases, an effort will be made to restore them to those parents. However, the volume of children who are retrafficked is dramatic and appalling. When they consider this amendment in such a positive light, I wonder whether the Minister and indeed the department will think about trying to stop the trafficking at source.

I declare an interest as president of a charity registered in Romania, which has been working against traffickers in Romania for 20 years. There is a great deal that we from this country can do for other developed nations, including Romania which is the subject of all sorts of trafficked children from Moldova, Russia and China. They pour through rather large and porous borders, and many of those children end up here. Vast numbers of them are then retrafficked.

I wonder whether the Minister could consider the next step of putting a great deal of focus on how to strengthen at source the anti-trafficking barriers. In fact, a predecessor of the Minister loaned some senior police from Scotland Yard for a short time to work in situ on providing training. That made a huge difference. We may do everything we possibly can for children who arrive here, but they will be rotated again and come back unless we take some measures to stop the trafficking at source.

UK Border Agency: Visas and Passports

Baroness Nicholson of Winterbourne Excerpts

Tuesday 11th January 2011 Lords Chamber

[Baroness Nicholson of Winterbourne]

I, too, am most grateful to the noble Baroness, Lady Hooper, for giving us the opportunity to debate this important subject. I have always received courteous and helpful responses from the UK Border Agency whenever I have had reason to contact its officials, either in country or in Whitehall. My most recent experience was of a difficult case that peaked over Christmas and New Year. Throughout that most difficult period, with constant telephone calls from me and my staff, we received nothing but helpfulness, for which I thank the agency.

The UK border officials discharge an exceptionally taxing task effectively and well, despite the considerable pressures that the agency and its staff are under constantly. They deal with one of the most basic human needs and desires: the freedom to move. With people in difficulty and trouble, there will always be an enormously emotional, as well as an effectively practical, exchange with the staff. The many people whom I have invited over the years from central and South America, the Middle East, central and eastern Europe and other places have never commented adversely on their treatment, even most recently, from the UK Border Agency. On the other hand, the policy is something that gives rise to considerable, consistent and powerful objections from all quarters.

The hub-and-spoke policy creates a routine that I and my visitors have experienced. It needs profound review and total overhaul. Noble Lords have spoken of many instances, but there are hundreds more available. I give just one. About a year ago, I invited 12 Iraqi high tribunal judges to visit me in Westminster so that they could see our own new supreme constitutional court and meet high-level judges both here and throughout the country. Some of those judges had already spent many months here on many occasions and were familiar with the United Kingdom, because we had been offering them training. The hub-and-spoke policy meant that those judges had to travel from Baghdad to Beirut and to stay there for more than 10 days awaiting visas. This is the most extraordinary process that any of us have ever experienced.

I can give your Lordships many more instances from different parts of the world, impacting not just on high-level judges but on businesses, industry, tourists and visitors. I do not wish to take up noble Lords’ time, but surely implementing this policy must be deeply frustrating for UK Border Agency staff. I believe that the policy gives an insurmountable barrier to visitors on grossly unfair grounds. Who can afford to travel to the hub of the spoke system and stay there for many days awaiting a visa that they may or may not get? It is simply not a possibility. At the spoke end, staff of the British embassies become deeply and greatly frustrated because they face the frustration of those who apply, are told to travel, cannot travel and have to go away. Yet the British embassy staff are those who, at all times and in common with the UK Border Agency, are putting forward the best of Britain—the best face of the Untied Kingdom—and presenting us in our most positive light.

The hub-and-spoke policy, I therefore suggest, gives a shockingly false picture of our traditional welcome to visitors and guests to the United Kingdom. I suggest that this policy has failed lamentably and that the Government should review it as an urgent preoccupation and priority. After all, has the Foreign Secretary not declared that economic movement, investment, trade and business should be at the heart of foreign policy? Yet if businessmen cannot visit the United Kingdom without this extraordinary formulaic lunacy, how on earth is that foreign policy to be achieved? We believe powerfully—do we not?—in democracy and the rule of law, yet we put up these barriers in a policy that all who have discussed it with me at official, political or personal level have declared to be an utter disaster. I beg the minister to change it.