(9 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what consideration they have given to amending the terms of reference of the Independent Inquiry into Child Sexual Abuse.
My Lords, the inquiry is a once-in-a-generation opportunity to get to the truth, to expose what has gone wrong in the past and to learn lessons for the future. The Home Secretary is clear that the original terms of reference were the right ones, and the new chair has confirmed that she has no intention of asking for them to be revised.
No lessons appear to have been learned from the Chilcot inquiry. One of the problems there was the width of the terms of reference. In her resignation letter, Judge Goddard referred to the,
“inherent problem in the sheer scale and size of the inquiry”.
The Home Secretary has given evidence that she has no expertise of an inquiry of this size. Will the Government think again about the proposal from the committee chaired by the noble Lord, Lord Shutt, that there should be a permanent body of expertise in the Cabinet Office to assist Ministers? In this instance, it could report to Parliament on the progress of this inquiry in 12 months’ time.
My Lords, on the terms of reference being too wide, the previous chairman and the new chairman agreed that the terms of reference are right. It was not until she left that the former chairman, Justice Goddard, talked about the terms of reference being too broad. The inquiry will report on a regular basis, including a review in 2018.
My Lords, nobody would wish to preclude anybody bringing an action a long time after the event, and there are generous limitation periods, nor to prevent any prosecution for historic sexual or other abuse, but we need to learn lessons. Those of us who have experience of multiparty actions know that by choosing sample cases and sample institutions, there is a much greater possibility of concluding swiftly and enabling lessons to be learned within a reasonable timeframe.
My Lords, does the Minister agree that the terms of reference are not only incredibly broad but go back decades? Some of us in this House remain confused about whether the process is about the systems or individuals. Inquiries of this kind need the most precise terms of reference. Could the terms of reference be looked at again to make sure that they are as precise as possible, because some of us still find it difficult to understand the limitations of the inquiry?
My Lords, I pay tribute to the noble Lord, Lord Laming, for the inquiry into the death of Victoria Climbié which he undertook so skilfully. The terms of reference have been agreed by the Home Secretary and the chairman, and have the support of the victims’ and survivors’ group.
My Lords, the noble Lord, Lord Faulks, is absolutely right. What are the Government going to do to take account of that?
My Lords, in reference to what my noble friend said, the chairman has undertaken to conduct the inquiry with pace and clarity. Making regular reports does keep Parliament updated on progress.
With a new inquiry chair, will the inquiry be able to fulfil the requirements and hopes of the victims and keep to the timetable stated in the terms of reference: an interim report by the end of 2018?
The noble Baroness makes a very important point. The chairman and the whole inquiry have the support of the victims’ and survivors’ group. As I have stated, the aim is to produce an interim report by 2018.
Lord Pannick (CB)
Does the noble Baroness agree that, for the inquiry to make so-called findings of fact about the alleged conduct of the late Lord Janner, and to do so without any intensive process of cross-examination of the witnesses, is grossly unfair to the reputation of someone who is unable to defend himself? Does she recognise that the inquiry is purporting to do more than look at institutional failings? I declare an interest as a friend of the late Lord Janner’s son, Daniel.
My Lords, it is for the inquiry to consider the best way to conduct its investigations and hearings, and it would not be appropriate for me to comment. I understand that counsel to the inquiry set out the inquiry’s position on this issue at the preliminary hearing of the investigation into Lord Janner in July.
Can the Minister confirm a couple of points? In the light of her earlier response, can she confirm that Justice Goddard never suggested to the Government that the terms of reference of the inquiry should be amended or clarified in any way? Secondly, the terms of reference, as has already been mentioned, refer to an interim report by the end of 2018, which suggests there may be a final report at some stage. When is that coming, then?
My Lords, the Government have not sought to put a cap on the time but have made it clear that regular reporting back is quite important in this process, so that we do not go for long periods without hearing anything. The terms of reference were drawn up by the Home Secretary in agreement with the chairman—at the time, that was Justice Goddard. But yes, she did subsequently talk about her dissatisfaction with the terms of reference.
(9 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what steps they are taking to determine accurately immigration into the United Kingdom.
My Lords, immigration figures are estimates produced by the Office for National Statistics based on the International Passenger Survey. These estimates have been assessed by the UK Statistics Authority as having national statistics designation, being accurate and reliable for measuring immigration to the UK. The ONS continues to take steps to refine the survey design and to publish information on how figures relate to other sources.
I thank my noble friend the Minister for that Answer. Indeed, the ONS does rely on the International Passenger Survey, which asks less than 0.7% of arrivals of their intentions, on a voluntary basis and with no verification. As the Minister knows, UK border officers are not allowed, under EU freedom of movement legislation, to ask arrivals whether they are immigrants or temporary visitors. Therefore, we have a situation where, over the past five years since July 2010, the ONS estimates for immigration are less than half of the national insurance numbers that have been issued to the same group. Does not the Minister agree that, given the events of the summer, the British public deserve better analysis and statistics?
My Lords, there are various sources of statistical information and all of them useful in the round. My noble friend talked specifically of the discrepancy between national insurance numbers and the ONS figures. That is due, in the main, to large numbers of short-term migrants who stay for less than 12 months. The official figures are based on the UN international standard definition of a long-term migrant: one who changes their country of residence for a year or more.
My Lords, yesterday Amber Rudd said that there would be further restrictions on international students coming into the UK to help to reduce the immigration target. Is the Minister aware that international students currently contribute more than £7 billion a year to our economy, delivering 137,000 jobs to our universities and their communities, that student numbers are expected to double over the next 15 years, and that some of them could come to the UK? Given that, can the Minister explain why the Home Office has declared this, whereas the three Ministers for Brexit keep going on about how important it is to trade outside the EU? This seems a bit of an own goal.
My Lords, we want students here who will contribute to this country the skills that we need. In fact, there has been an increase of more than 39% over the past few years to Russell group universities. We have taken successful steps to clamp down on some of the bogus colleges that do not provide that sort of training.
Lord Davies of Stamford (Lab)
Why, oh why, are students classified as immigrants? They are not immigrants unless they stay here beyond their courses. When they stay beyond their degree or other qualification, they could and should be classified as immigrants. The present artificial classification is causing all sorts of quite unnecessary problems, not least, as has already been said, for our universities.
My Lords, they are classified as students because when they come here they use our services and they generally come here for more than a year. That falls within the definition.
My Lords, can my noble friend explain? In her Answer to my noble friend Lord Leigh, she said that the discrepancy between national insurance numbers and the figures was because people were here on a short-stay basis. How does she know that?
My Lords, people may come here to work long term or short term. If they are here to work for, say, three months, which many people are, and then go home, they will not be counted in the long-term immigration figures.
Lord Tomlinson (Lab)
Is it now government policy once again to reduce the net migration figure to tens of thousands rather than hundreds of thousands? If that is the policy, as I gather it was from listening to Amber Rudd on the “Andrew Marr Show” yesterday, will she give us any compelling reason why we should believe that promise any more than the promise made by Mr Cameron?
My Lords, I can give that assurance. As my right honourable friend the Home Secretary made clear, it will take time and we are quite clear about that.
My Lords, coming back to the question of students, I hope that the Government have taken on board the fact that students are quite different from other immigrants. When they go back, they bring great credit—and great profit—to this country by using the standards that we set in engineering and other disciplines and commissioning work from firms in this country, as well as establishing a network of good will around the world.
I totally agree with my noble friend, and that is why we want not only to train but also to retain some of the brightest and best students from around the world so that they can contribute to our economy.
My Lords, does the Minister accept the importance of accurate information that is publicly available, especially on an issue where information is often secondary to anxieties, fears and sometimes prejudice? Can she also tell us what progress is being made on determining the number of people who leave the UK?
I certainly agree with the noble Baroness that accurate information is absolutely vital. Exit checks will tell us how many people are leaving, and the more accurate information we have, the better we will know exactly what the figures are.
Immigration is not just about knowing what the numbers are; it is also about making sure that people we do not want to see coming in are actually being stopped from doing so. The Adam Smith Institute has just produced a report saying that Britain’s Border Force has been so,
“starved of funds and neglected”,
that it is no wonder it has been stretched so thin despite the terror threat rising and passenger numbers rocketing, with the report going on to claim more specifically that more than 4,000 “high-risk” flights could be landing in the UK each year without proper security checks. It also indicates that, while passenger numbers have risen by 20% since 2010 and are set to rise by another 43% by 2030, the funding for the Border Force has been slashed, with spending per passenger down 25% and morale at an all-time low. Can the Minister say whether the Government believe that the Adam Smith Institute analysis misrepresents the current situation?
My Lords, I have to confess to not having read the document, but what I can say is that exit check data and so on will enhance our understanding of where people are moving to and what they are doing when they do choose to move. Exit check data will definitely enhance our understanding of overstaying over time, but the Government have always been clear that it is not possible to put a figure on the number of people who are residing illegally in the UK at any one time.
My Lords, could it be that some of the university places that are occupied by foreign students might be better occupied by some of our own young people, so that they receive the benefits of a good university education?
My Lords, the Government have removed the cap on university places because we want a university system that is open to all but also open to the brightest and the best around the world.
(9 years, 5 months ago)
Lords Chamber
That it be an instruction to the Committee of the Whole House to which the Policing and Crime Bill has been committed that they consider the bill in the following order:
Clauses 1 to 6, Schedule 1, Clauses 7 to 9, Schedule 2, Clauses 10 and 11, Schedule 3, Clauses 12 and 13, Schedule 4, Clauses 14 and 15, Schedule 5, Clauses 16 to 27, Schedule 6, Clause 28, Schedule 7, Clause 29, Schedule 8, Clauses 30 to 32, Schedule 9, Clauses 33 to 37, Schedules 10 and 11, Clauses 38 to 44, Schedule 12, Clause 45, Schedule 13, Clauses 46 to 50, Schedule 14, Clauses 51 to 107, Schedule 15, Clauses 108 to 137, Schedule 16, Clauses 138 to 151, Title.
(9 years, 5 months ago)
Grand CommitteeMy Lords, I thank all three distinguished noble Lords who have taken part in this debate. I am very glad to be back with the noble Lord, Lord Clement-Jones, because on a number of occasions we have discussed busking and how much we enjoy hearing buskers, particularly the ones in and around Westminster and further around London. Busking is very positive for community life and that is why this is an important debate. Anti-social behaviour as we know it can blight the lives of communities, but there is widespread interest, not least from this House, in the powers available to the police and local councils to respond to such things being used properly. This debate is timely.
The Government’s starting point is that there is a clear recognition of the serious impact that anti-social behaviour can have on ordinary people’s lives. That is why the Anti-social Behaviour, Crime and Policing Act 2014 gave the police, local councils and other agencies the powers that they need to take swift and effective action to protect the communities they serve.
The Government are also clear that anti-social behaviour powers are there to protect the activities of the law-abiding majority, to enable people to enjoy their public spaces and feel safe in their homes. They are not there to be used to restrict reasonable behaviour and activities not causing anti-social behaviour, as all noble Lords pointed out. That is why the Act contains legal safeguards before the powers can be used. However, we have said that we will look again at the statutory guidance on the use of the powers that the Home Office published to help emphasise these points.
The noble Lord, Lord Clement-Jones, said that despite ministerial assurances, PSPOs are being used in an inappropriate and disproportionate way. As I said, there are clear legal tests for the use of the power. The statutory guidance references the need for councils to consult whenever community representatives and regular users of the public space think it appropriate and specifically references buskers and street entertainers. Following the noble Lord’s Oral Question this February, the former Minister for Preventing Abuse, Exploitation and Crime gave a commitment to revisit the statutory guidance. We are reviewing it to see how we can strengthen it to ensure proportionality in the use of the powers and accountability, which is very important. The work is under way, so the pens are on the paper, and officials are consulting front-line practitioners.
We will write to the noble Lord and other interested noble Lords on the proposed revisions once the work has progressed further. We will complete the work as soon as we can. We are also working with front-line practitioners to develop a case-study document to highlight effective practice and appropriate use of the powers. I say again that it is a useful power but should be used proportionately to deal with a particular anti-social behaviour problem in a particular area by imposing reasonable restrictions. That is critical here.
The noble Lord also talked about the wider problem—not just buskers and street entertainers are affected. He referenced the Manifesto Club’s report on PSPOs, as I think did the noble Earl. Officials have met the Manifesto Club to discuss its findings and see what its primary concerns are about PSPOs. It is important that PSPOs and the other anti-social behaviour powers are used to deal with anti-social behaviour problems, rather than introduce blanket bans, to which the noble Lord referred.
Noble Lords also referred to the democratic aspect of this, with examples of single officials making decisions. We are examining that in the review of the statutory guidance. We have also discussed such concerns with the Local Government Association. The noble Lord talked about PSPOs targeting activities that are not actually harmful in themselves. The Government’s position is absolutely clear: anti-social behaviour powers are there to protect law-abiding people and enable people to enjoy public spaces and feel safe in their homes. They are not there to restrict reasonable behaviour, as I said, or activities that are not actually causing anti-social behaviour. There are legal safeguards in place and we will look again at the statutory guidance. PSPOs are useful powers for councils but need to be used proportionately. It is critical that councils are able to respond to problems such as street drinking and aggressive begging, because these kinds of behaviours have detrimental effects on a community’s way of life.
The noble Lord also talked about the consultation process. It is clear that a council may make a PSPO only after it has consulted the police, but it must also consult any other interested community representatives it considers appropriate. It is for councils to determine how best to consult, but there will be learning from across various councils; that will come out in the review process. We want to capture that learning as we undertake the review. The noble Lord asked specifically what has been proposed to change the guidance. We are developing a case-study document, as I said. We will write to the noble Lord on the proposed changes when we review the statutory guidance.
The noble Earl, Lord Clancarty, talked about homelessness. He brought up a very good point. The Government are committed to tackling and reducing homelessness. We do not want homeless people to be used as a target. Anti-social behaviour orders are not to be used to tackle the most vulnerable people in our society. They are there purely to deal with anti-social behaviour.
There have been some specific—and, I might say, slightly comical, although I do not mean that flippantly—examples of how councils have used their anti-social behaviour powers to deal with certain things. Some are almost unbelievable, but I do not disbelieve the noble Lord, Lord Clement-Jones. I quickly checked on Lewisham and it is not on the red alert list. However, I do not want to draw on the specific examples. How the orders are framed is one issue. Their purpose must not be to restrict reasonable behaviour. The PSPO is there to tackle behaviour that is having a detrimental effect on people’s lives and is persistent and unreasonable. That is quite clear. Those are the tests set out in legislation and they must be met before an order can be made. There are also issues about how they are enforced—again, it must be in a proportionate and reasonable way. I am grateful to the noble Lord for setting out some potential solutions, and we will look very carefully at the points that he made.
It is important that we do not go too far in restricting the freedom of local partners to take effective enforcement action, but I do not think that that is what he is suggesting. We know that there are examples of good practice in councils and I want to place on record my praise for them. In refreshing the guidance, I hope that if we have another debate on this this time next year, we will see that it has been greatly strengthened and probably helped by the questions put by noble Lords, in particular those of the noble Lord, Lord Clement-Jones. I thank all noble Lords for their contributions to the debate.
Does the noble Baroness have anything to say about the terms “nuisance” and “annoyance”? As I said in my speech, the way that PSPOs are being applied shows that they are being used very much as a lever.
The noble Earl made a good point; I hope that I covered it when addressing the speeches of other noble Lords. There has to be proportionality in this. “Nuisance and annoyance” could be someone walking their dog, but clearly that would not be proportionate. I think that that is what the refreshed guidance will cover, and I will be pleased to hear from the noble Earl if he thinks that we have not struck the balance right. Indeed, one person’s nuisance is something that another person does not even notice. I thank him for his comments.
I was quite shocked by the list set out by the noble Lord, Lord Clement-Jones, but I am pleased that he brought it to our attention. The examples are absolutely ridiculous. It is important to get the guidance right because clearly one problem with PSPOs has been that they can come down to, “I don’t like that, so it has to be banned”. When the new guidance comes out, it will have to be very clear and state, “These things are not a nuisance”, with examples of what PSPOs can and cannot be used for.
I will not pre-empt the guidance, which has not yet been written, but the noble Lord, Lord Clement-Jones, brought up some ridiculous interpretations of the orders. We duly note what he said and the councils he mentioned and I am sure that those examples will be taken into account. It is always dangerous to get too prescriptive because that then allows wriggle room the other way. But we will firm up the guidance and refer back to noble Lords.
I hope that the Minister will accept that the essence of this is to try to get the statutory guidance in the right shape. However, I hope she will accept that there is an underlying issue about the definition of anti-social behaviour because if the statutory guidance even after being amended does not do the trick, it calls into question whether the original definition referred to by the noble Earl is right or whether it should be tightened up as per the discussion with the noble Lord, Lord Dear, at Report on the original Bill. That is a fast ball of a question for the Minister, but she should take that into consideration when the statutory guidance is being looked at.
The noble Lord makes a constructive point: it is all about getting the balance right. Anti-social behaviour can and does destroy some people’s lives, but by the same token some of the examples he has given are utterly ridiculous and in no way could be construed as anti-social behaviour. We needed to deal with anti-social behaviour, but only in a proportionate way. I am sure that the noble Lord will look at the guidance and give his opinion on it in due course. I thank all noble Lords.
(9 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what criteria they used to select universities for the pilot study on student visas announced on 25 July.
My Lords, the four universities chosen to participate in the tier 4 visa pilot—namely, Oxford, Cambridge, Bath and Imperial College London —were chosen on the basis of their consistently low visa refusal rates.
My Lords, when he was Home Secretary, my noble friend Lord Blunkett and I agreed the Fresh Talent scheme for Scotland in 2003, which introduced a post-study work visa for students graduating from Scottish universities. That scheme, which helped reverse population decline and increased economic activity in Scotland, was never abused. It was extended to the rest of the United Kingdom in 2008, when it was abused elsewhere, and the Government abolished it in 2012. This new pilot scheme directly discriminates against the Scottish university sector and is a slap in the face for Scottish higher education. I ask the Government first, to review the involvement of the Scottish higher education sector in the pilot project and, secondly, to set a threshold which gives universities a standard to meet—and, if they get above it, to include more than these four elite universities in this discriminatory scheme.
My Lords, the scheme may be expanded following the pilot; that has not been decided yet. On population decline in Scotland, I would say to the noble Lord that in fact it is projected that the population of Scotland will increase by 3.1% by 2024.
My Lords, does my noble friend not agree that given that, despite having no tuition fees, Scottish universities have failed to perform as well as English universities in attracting students from poorer backgrounds, they should concentrate on British students from poorer backgrounds in order to catch up with England?
My noble friend makes a very good point. The uptake of places in English universities has increased for people from lower-income backgrounds, and the Scottish system might have something to learn from our excellent universities.
My Lords, as this appears to be a Scottish day, I declare an interest as chancellor of the University of St Andrews. As has already been pointed out, tuition fees are not available to universities in Scotland. Higher education is devolved but, of course, the issuing of visas is not. For universities in Scotland such as St Andrews, therefore, a ready infusion of foreign students who pay enhanced fees is fundamental to their economies. May we have an assurance that when the results of the pilot scheme are available, account will be taken of the special position of Scottish universities?
My Lords, I commend the noble Lord in his role, because St Andrews is an excellent university. The universities of both England and Scotland want to attract the brightest and best talent from around the world—and they do.
My Lords, will student exchange schemes be at all affected by this? They are wonderful schemes—and I declare an interest in that one of my daughters went on an exchange to Monash from Warwick University. Will those people have any problem in future?
My Lords, student exchange schemes should not be affected by this at all, given that they are in the education system.
My Lords, would the Minister agree that what is really important in post-study work is that the students, or rather the graduates, are required by employers? Would she agree that the change that the Government have made focuses on that and creates a much more effective situation?
I agree wholeheartedly with the noble Lord’s point; the students entering into employment are doing so in sectors that require their skills.
My Lords, looking at the location of the four universities involved, can I assume that Oxford and Cambridge are representing the north of England? Against what specific criteria will the outcome of the two-year pilot scheme be assessed, when will that assessment be completed and will the results be made public?
That will be determined in due course—and I shall let the noble Lord and the House know in due course. As for those universities being representative of the north, they may be in the sense that many students from the north of England attend those universities.
My Lords, two years ago the then Home Secretary cancelled the visas of around 46,000 students based on a false assessment of English language tests. The immigration upper tribunal court ruled earlier this year that Mrs May’s decision was based on “multiple frailties and shortcomings” and that investigators were unqualified to assess language levels. In the current guidance for the pilot, there is still a reliance on investigators. What assurance can the Minister give the House that investigators have now been trained properly?
There are always lessons to be learned from situations such as this, and I give the noble Baroness every assurance that investigators are trained properly.
I support my noble friend Lord McConnell in what he said earlier. This is exactly the kind of decision where a United Kingdom government department will help towards the break-up of the United Kingdom, and it is an absolute disgrace.
I am not sure that there is a question in there, but I will answer by saying that I disagree with the noble Lord.
I declare an interest in the University of York, one of the northern universities, where the Erasmus exchange programme has been invaluable in providing an understanding across Europeans and teaching languages to students who may not naturally be given to learning languages. We must consider benefits other than the immediate impact—and can we please include the northern universities?
I totally agree that the Erasmus programme has been very helpful to students, and certainly that is something that I shall take back for the noble Baroness.
(9 years, 5 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a trustee of a charity that works in the Calais camp, among other places.
My Lords, we are already working closely with the French to help to identify and transfer children who are eligible and are about to second another UK expert to France to support that work. Over 70 children have been accepted already this year and more arrive almost every week. Transfer requests are now generally processed within 10 days, and children are transferred within weeks.
My Lords, I thank the Minister for her reply, and I read carefully her reply to my noble friend yesterday. However, as she said, some 70 children have been accepted this year, which is about two a week, and yesterday she asserted that her department is working very quickly. Is she satisfied that that is quick enough? Given that the French intend to dismantle the camp by Christmas and that at least 370 children are eligible, that should be more like 20 a week. Further, does she realise that young people seeing the camp dismantled will take greater and greater risks in trying to get on to vehicles coming to the UK? Can the Minister assure the House that her department will be able to up the capacity to at least nearer 20 a week?
My Lords, on the question of whether we are doing things quickly enough, in an ideal world we would move all the children tomorrow. However, we cannot just take a child out of a country—I tried to make that clear yesterday and I make it clear today. Following due process is in the best interests of any child whom we are concerned about. We have to take account of the laws of the country in question—that is, France. When the child is in France, he or she is under its jurisdiction. We are working very closely with that country to make sure that children are transferred as quickly as possible. The welfare of the child is utmost.
My Lords, first, will the Minister confirm that under the terms of the Immigration Act not a single child has yet reached this country? The ones who have arrived have relatives here and have come under Dublin III. Secondly, will she comment on the news this morning that the Government are apparently advocating the building of a wall in Calais, for reasons which nobody can understand? Is that true and, if so, why?
My Lords, I do not have the exact figures since the introduction of the Immigration Act but I would certainly like to provide them to the noble Lord. He is an absolute expert in this area, so I am very reluctant to contradict him. It is the case that 120 children have come from France under the Dublin regulations. In the whole of last year, the figure was only 20. However, I will confirm that for the noble Lord in writing.
I know that the wall has received press attention. The measure is intended to further protect the rocade from migrant attempts to disrupt, delay or even attack vehicles approaching the port. I hope that that provides the clarification that the noble Lord seeks.
My Lords, when these unfortunate children come to this country and are given refuge, will they subsequently be joined by their parents, grandparents and wider family, or will we have some system for keeping their parents out? It seems to me that a very large number of people could be involved.
Certainly the children who are being prioritised have family in the UK. I do not think that I can give a blanket response on whether they will be joined by their parents or other relatives, other than to say that cases will be considered on a family-by-family basis.
Baroness Jowell (Lab)
My Lords, what financial and other support is being provided to the local authorities that receive these children? I declare an interest as patron of a charity working with these children in Calais and in other camps across Europe. Many of these children are profoundly traumatised and will need expert care and help for some time so that they can settle with their families. What help are they receiving and who is paying for it?
The noble Baroness makes a very valid point in saying that the children who arrive in this country will be the most traumatised children that we can imagine. The local authorities which are very kindly receiving them will be fully funded. I expect—and I am sure noble Lords will agree—that these children will need support beyond what is usually required.
My Lords, will the Minister accompany me on a day trip to Calais, because the remark she made yesterday about there being 130 reception centres available to people in the camp if only they would take them up is way off the mark? The fact is that the reception centres are full and, therefore, only two buses a week come to the camp. People queue all night to get on those buses, and women and children find that very dangerous. Will the Government accept the sad fact that people are desperate to leave the camp but cannot?
As to whether I will go with the noble Baroness to Calais, I think that I might have to consult the department first. However, if it is allowable, I will certainly accompany her. I fully expect that the information I have been given on the number of reception centres is correct but I will double-check that and, if it is any different, I will let her know. There is some accommodation specifically for women and children at the Jules ferry centre and heated containers have been provided for up to 1,500 people. I also understand that alternative accommodation has been taken up by 5,000 people. However, I will look into the specific points that the noble Baroness makes about people not being able to get on to buses and having to queue at night.
Baroness Sharples (Con)
Will my noble friend tell the House whether there is concern that of pupils entering schools at the moment, 16% have English as a second language compared with only 6% a year ago?
That is why the Government are providing £10 million to help these children learn English.
(9 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what plans they have to speed up the reuniting of refugee children in the camps of Calais and Dunkirk with their families in the United Kingdom.
My Lords, the primary responsibility for migrants in Calais lies with France, but we continue to work with the French authorities and others to improve family reunification processes for unaccompanied children. We will shortly second another UK official to the French Interior Ministry to work on this issue. Transfer requests are now generally processed within 10 days, and children transferred within weeks. More than 70 children have been accepted for transfer this year from France.
I thank the Minister for her reply. I was happy to hear over the weekend that the Government considered that they were on track and that we will receive 20,000 refugees by 2020. Could we not start with the children? The winter is coming, and conditions are dire in northern France. Could not we have a special humanitarian effort this year? Kindertransport does not belong to yesterday alone. It could belong to today—and we could bring over some 380 children who are eligible to come to the UK in a matter of weeks. Will the Minister take that to heart?
My Lords, I certainly sympathise with the sentiment of what the noble Lord says—nobody wants children to have to survive a winter in cold conditions. But there are several things that we have to consider. First, what is in the best interest of that child in terms of safeguarding? Secondly, there are laws that we have to abide by from various countries. For example, if the child is not in this country, we have to do those negotiations to get the child out.
My Lords, it cannot be in the best interests of any child to stay in Calais, in awful conditions with no proper safety or security apart from a few British NGOs. It is deplorable. If the Minister would come to Calais—I was there last Saturday—she would see what I am talking about.
I thank the noble Lord for bringing that up. Perhaps I can clarify what I said about negotiating with other countries and their laws and, certainly, the welfare interests of the child. While a child is in France, it is under the jurisdiction of France. Of course we work with France—and most children are out of the camps very quickly when they have relatives in the UK. But there are all those issues to consider. Of course, nobody has to stay in the camps. Reception centres have been made available; there are 130 of them for people to go to rather than stay in the camps.
My Lords, I, too, visited the Jungle with my noble friends Lady Jenkin and Lady Morris in July. We saw how desperate the situation is there and met some of the children. Can I press for them to be processed as quickly as possible? They are at risk in these camps. There may be reception centres, but for a child of 10 such as we met it is very hard to get to them. They are at risk all the time. So can the extra official who is going to France please connect with the children in the camp and get those who are entitled to come to the UK here as fast as possible?
I totally agree that no child should be in the camp and that they should be resettled as quickly as possible, but the reception centres will certainly give them some of the support that is needed for their welfare, education and resettlement. British assistance has been commendable throughout that process. We now have a £10 million refugee fund for Europe, for unaccompanied children and for children separated from their families.
Baroness Howarth of Breckland (CB)
My Lords, I have not seen these children but I have worked in childcare for more years, probably, than most Members of this House. It is appalling that our country and our Government leave these children in such conditions. Every day there are media reports clearly showing the terrible conditions. We know that there are children there of 10 and under and that there are children who have the right to come and be with their families. Local authorities were often accused of bureaucracy in their childcare. Surely the Government will not have a whole lot of bureaucracy to prevent children being saved from this coming winter.
My Lords, we all want the same thing for these children: for them to be safe and to be in an environment that is in their best interests, away from the Jungle in Calais. This Government are working tirelessly with the French Government to ensure that those processes are expedited as quickly as possible.
My Lords, the Question has been extremely specifically put about children who have families in this country; this is not about all unaccompanied children. My own diocese of Canterbury has taken on a staff member who is working in the Jungle, in co-ordination with a staff member taken on by the Catholic diocese of Arras. We are still having continual reports of delays for really quite young children who are not being brought across. Does the Minister not agree that where children—particularly young ones—have families in this country there is no reason why they should not be brought across within the day?
My Lords, many of the children are coming here very quickly, but if any child has to stay over in the camp for any longer than it should that is one child too many. I commend the most reverend Primate on the work that Lambeth Palace is doing in taking its first family. We are clear that refugees in Calais should first of all claim asylum in France and then come over here through the Dublin process. The good news is that 120 children have come here this year under the Dublin regulations, 70 of them from France.
(9 years, 5 months ago)
Lords ChamberMy Lords, first, I take the opportunity to thank the noble Baroness, Lady Deech, for securing this important debate on the eve of the Paralympics, as the noble Baroness, Lady Campbell, said, and on the 21st anniversary of the Disability Discrimination Act. I also thank her for coming to see me today. I understand she will be meeting the Secretary of State later this week.
I am also grateful to other noble Lords who have spoken very thoughtfully on this subject. I am particularly grateful to the mobile Bench. I did not know the noble Baronesses were called the mobile Bench or bunch, but they are certainly a very formidable line-up.
I thank the noble Baroness, Lady Deech, and her colleagues on the now-disbanded but certainly not forgotten Select Committee on the Equality Act 2010 and Disability for their wide-ranging report which was published in March. It is timely and comprehensive and highlights the continuing challenges and obstacles which disabled people face on a daily basis. Many examples have been given today.
I hope noble Lords will be happy—or at least less unhappy—on leaving the debate than they have been in recent months about some of the things that I am to say, which I hope will bring a bit of cheer. The committee’s report rightly focused on a number of important issues, such as how adequately we imbed disabled people’s needs into the first steps to plan services and also when we construct premises. I take the point about Crossrail incredibly seriously. I almost could not believe it when the noble Lord raised it, but so many noble Lords repeated it that I will look into the issue and find out why such a huge construction project was built without step-free access. That theme on the construction of premises has now, as noble Lords have said, been taken up by the Women and Equalities Select Committee in the other place for its own inquiry.
The report also fairly examined whether both public and private sectors have been sufficiently proactive in meeting the needs of citizens with a disability and whether there is still a tendency simply to react to problems once they have arisen or to be forced into action when pressed. We further acknowledge the importance of two-way communication between government and disabled people and their representatives, something that the report says we can improve on, in turn improving access to justice and how services are delivered.
For the bulk of what I am going to say, I now turn to points that noble Lords have raised. The noble Baroness, Lady Deech, and the noble Lord, Lord Stevenson, spoke about court fees, and I will also talk about qualified one-way costs. The Government’s post-implementation review will report in due course, and we will consult on any subsequent proposals for changes to the fees or the remissions system. Lord Justice Jackson recommended the introduction of qualified one-way costs in public injury claims, but the Government will consider the possible extension of qualified one-way costs shifting to other categories of law, including claims made under the Equality Act, in due course, once there is some experience of the regime in personal injury.
The noble Baroness, Lady Deech, also talked about legal aid. We have made sure that legal aid continues to be available to provide access to justice for people in the most serious cases. It includes, subject to statutory means and merits tests, legal aid for disputes with local authorities about community care services for disabled people and for discrimination claims relating to the contravention of the Equality Act.
The noble Baroness, Lady Deech, also talked about the PSED amendment to ensure that public authorities take steps towards equality rather than having “due regard”. The due regard test is well established and the courts have recognised that difficult decisions by elected politicians should not be second-guessed by the courts where all the relevant facts have been considered. The due regard requirement helps to ensure that public bodies remain conscious of equality issues throughout the process of exercising their functions. As soon as a requirement becomes more specific—the noble Baroness and I talked about this today—or task-oriented, there is inevitably the risk that many public bodies may start to think of short cuts or ways out of fulfilling their duties. That is an important point.
The noble Baroness and a couple of noble Lords talked about disabled people losing out now under the PSED. We disagree, first and foremost because two of the leading cases brought under the PSED on the spare room subsidy and the independent living fund were brought by, or on behalf of, disabled people. We feel that if public bodies were under separate duties to have regard to each of the protected characteristics in the Equality Act, we would have a more complicated and bureaucratic scheme than at present.
The noble Baronesses, Lady Deech and Lady Thomas, and other noble Lords talked about the culmination of the change of Ministers and Ministers not being in any one department. There was also a suggestion that the Minister responsible for disabled people might be of a higher rank and a full member of the Cabinet Social Justice Committee. Following the ministerial reshuffle, I requested that I remain as a Minister in the GEO, so as far as the House of Lords is concerned, there is continuity—at least for the moment. The Government have always been clear that regardless of rank, whenever Ministers, whether for faith and integration or for disabled people, speak on disability issues, they speak on behalf of the Secretary of State. Being rank-oriented is probably not entirely helpful.
There is a double issue about ministerial positions. The point that the Minister has made is correct but there is a question about whether there would be a greater effect on policy activity if all the Ministers could be in one department—for instance, one in DWP implies a disability focus whereas there is a bigger concept of equality and human rights. The other issue is what would happen if there were to be a British Bill of Rights as there may well be; there has been one from the Ministry of Justice.
I totally understand the noble Lord’s point. Having been in government for a very short time, I believe that if all the Ministers are in one department the attitude can be that it is another department’s responsibility. Issues on disability, race equality and women’s equality should be cross-governmental; every department should take ownership of them. We could argue about that till the cows come home, but our thinking is that it should be a cross-government approach.
The noble Lord, Lord McColl, as well as the noble Baronesses, Lady Campbell, Lady Brinton and Lady Deech, talked about bringing into force all sections of the Equality Act regarding taxis. We talked earlier on outside the Chamber about the best and the worst stories about taxi drivers. I had a very good experience the other week, when we spotted a disabled man whose wheelchair had run out of batteries. The taxi driver could not have done more to assist this man, who would have been helpless in the middle of the street without him. But there are terrible stories as well, and the noble Baroness, Lady Brinton, outlined her experiences in different parts of the country.
Among the provisions in Part 12 of the Act, which concerns access to taxis and private hire vehicles for people who are disabled, those relating to the carriage of assistance dogs are now in force, while those relating to the assistance provided to wheelchair users will be commenced very soon. The noble Baroness, Lady Brinton, talked about enforcement—how do we make sure these people do this. It will be a criminal offence for drivers of designated wheelchair-accessible taxis or private hire vehicles to refuse wheelchair users assistance or to charge them extra. The fine will be up to £1,000. The noble Lord, Lord McColl, asked whether the Government will introduce guidance and training to supplement the introduction of the duty on taxis to take wheelchairs. The answer is yes: guidance will be produced by the Department for Transport to coincide with the introduction of the duty.
The noble Lord, Lord McColl, and the noble Baroness, Lady Deech, also asked about bringing into force Section 36 of the Equality Act. We are conscious that a small number of those sections of the Act that have not been commenced are of particular relevance to disabled people. Accordingly, we are currently reviewing the position on Section 36—even though the noble Baroness might sigh at that response. The duty to make reasonable adjustments to common parts, as our response to the committee makes clear, is a complex issue, but the Government hope to conclude the review by the end of this year, and I am sure I will be taken to task if that does not happen. We will of course report our decision to the Women and Equalities Committee.
The noble Lords, Lord McColl and Lord Low, and the noble Baronesses, Lady Deech and Lady Brinton, talked about the crucial role of audio-visual on all new buses. Building on the Public Service Vehicles Accessibility Regulations, which provide a step change in accessibility for many disabled people, the Bus Services Bill makes specific provision for equipment to be fitted on vehicles that will provide all audio and visual information where the majority of operators in an enhanced partnership agree, and franchising authorities will be able to make similar requirements for the operators of their services. The Bill’s open data provisions will also help to ensure that all passengers have the information to make informed choices about their travelling options. We understand the frustration about the lack of progress in the provision of accessible information outside of London and are actively considering how its uptake can be encouraged.
A number of noble Lords asked about the cumulative impact assessment of cuts et cetera on disabled people. Considering the impact on people with disabilities and those with other protected characteristics is an integral part of the Government’s approach to their policy work. It includes measures taken at all Budgets and other fiscal events and reflects the Government’s principal commitment to fairness as well as their legal obligations.
There were a number of questions about G4S. The noble Baroness, Lady Prosser, expressed concern about the contract with G4S, as did the noble Baroness, Lady Deech. I have to say that G4S was the winner of a thorough, competitive tender process for this contract to run the Equality Advisory and Support Service. We believe that the G4S group has a good background for taking on the EASS functions. During the last three years it has successfully run Child Maintenance Options, a helpline for the Department for Work and Pensions involving many of the same factors that may be present in EASS contacts: callers who may be distressed or emotionally vulnerable and cases that may be complex and span a number of calls or contacts, sometimes with people whose first language is not English. We believe that G4S’s ability to engage positively with this type of case and type of customer provides a good basis for the delivery of the helpline. More generally, it is committed to fulfilling its responsibilities in all its companies around the world by applying the UN’s 2011 Guiding Principles on Business and Human Rights. I hope noble Lords will be able to see beyond the immediate reaction of some NGOs and lobby groups. The Equality Advisory Support Service is an essential service that we are aiming to continue operating on a seamless basis and to the same standards as before.
The noble Baroness, Lady Prosser, talked about training for G4S staff, which clearly is essential. We agree that training for the new G4S staff will be necessary and undertaken; in fact, it has already begun.
The noble Lord, Lord Northbrook, and the noble Baroness, Lady Campbell, made the point that the Government say the EHRC did not want to run the EASS but the EHRC’s response contradicts that. The EHRC did not bid to operate the helpline itself, nor did it propose operating it in discussions with the GEO. The EHRC proposed to manage the tender process but acknowledged that, because of the value of the contract and EU procurement requirements, there was insufficient time to conduct the procurement outside a preapproved framework. That was the approach that the Government used.
The noble Baroness, Lady Campbell, asked why there was a difference of view between the Government and the EHRC over the EHRC taking back the EASS. To be clear on this, the EHRC’s proposal to the Government was that it wanted to reshape and retender the EASS helpline. Its proposal did not involve running the service itself. In retendering the service, the EHRC would have had to have worked within the same contractual framework as the Government, and it proposed to use the GEO resources and support to do so. That was not a cost-effective option for the Government.
The noble Baroness also talked about the EHRC’s disability committee being retained, and whether the Government would hold a meeting with the EHRC and members of that committee to discuss this matter. Now that the order to dissolve the committee has been made, the EHRC’s arrangements for its disability work are essentially a matter for the commission itself. I note that the EHRC rejected the relevant recommendation in the committee’s report. None the less, Ministers meet the EHRC chair and the chief executive from time to time, and I know they would be happy to discuss at a forthcoming meeting their plans for ensuring that its disability work remains effective and well supported by evidence.
The noble Baroness also talked about commencing Section 14 on dual discrimination. As was said in the Government’s response to the committee’s report, we are considering the future of a number of uncommenced provisions in the Equality Act 2010. Unlike, say, the uncommenced reasonable adjustment provisions, we do not see dual discrimination as a particularly well-tailored measure for disabled people.
I am running out of time so I will try to move as quickly as possible. The noble Baroness, Lady Deech, asked for technical guidance from the EHRC to be laid before Parliament as codes of practice. We are yet to be persuaded that codes are the solution when technical guidance can often do an effective job, and we are certainly not aware of any concerns from those for whom the statutory code are intended—the courts, tribunals, employers and service providers—that EHRC guidance on a few areas on the Act appears in a technical non-statutory form rather than as codes. We will, however, continue to bear in mind whether codes might in some circumstances have more to offer.
I turn to sports grounds, which many noble Lords, including the noble Lord, Lord Faulkner, talked about. As has been said, the Government did not support the Accessible Sports Grounds Bill because legislation already exists in the form of provisions in the Equality Act 2010 which require providers of services such as sport stadia to the public to make a reasonable adjustment—for example, a gangway—so that disabled people are not placed at substantial disadvantage. It was felt that the blanket approach adopted by the Bill departed from the careful balance achieved in the Equality Act. We note that, to date, no disabled spectator has brought a case under the reasonable adjustments provisions in that Act.
Moving on to the Premier League’s pledges for 2017, we are disappointed, as are noble Lords, by its progress and will be asking it for a far more detailed report giving a club-by-club breakdown setting out what work has been done and what is planned to meet the August 2017 deadline. The pledges were made publicly by the Premier League on behalf of clubs and we look forward to its taking action against clubs that have failed to meet their targets. If Premier League clubs fail to meet their accessibility commitments, we will expect the Premier League to take appropriate action against all non-compliance.
The noble Lord, Lord Stevenson, made an interesting point about clubs in receipt of public money and how we can hold their feet to the fire. Off the top of my head, I would imagine that clubs would be caught by state aid rules. I thought about Section 106 money being used better to enforce their obligations under the Disability Discrimination Act when work is done by clubs. Perhaps we could take that up.
I have absolutely run out of time. I should have liked to have gone through some of the things that the Government are doing. Perhaps I may put a note in the Library to outline that. There will be questions that I have not answered but, on that note, I thank all noble Lords who have taken part in this debate.
(9 years, 5 months ago)
Lords Chamber
To ask Her Majesty’s Government what steps they are taking to reduce the incidence of serious crime affecting betting shops and their staff.
My Lords, all those who work in betting shops should be able to do so free from fear of crime. Where crimes are committed, they should be reported to the police so that they can be investigated and the perpetrators brought to justice.
My Lords, given that betting shops account for 97% of all police calls to gambling establishments and 40% of serious crimes against businesses, and given that 7,000 machines are destroyed by gamblers in these premises each year and a growing proportion of shops have only one staff member on the premises, despite a rising tide of violent assaults on staff, when will the Government implement the delayed triennial review of the industry, and will it require a minimum of two employees to be present at all times when such premises are open?
The noble Lord is absolutely right about the percentage, but of course betting shops make up a huge percentage of gambling establishments. He is absolutely right to make the point about tackling crime at betting shops and the police should be, and are, taking it seriously. As he will know, there are requirements around licensing to protect vulnerable people, and some of the partnership working that is going on—for example, the Safe Bet Alliance, which was set up in London in 2010—has proved very successful.
My Lords, the noble Lord, Lord Beecham, referred to the criminal damage suffered by some 7,000 fixed-odds betting terminals every year. Do the Government acknowledge that this is a consequence of the addictive nature of these high-stakes machines, and when do they plan to lower the stakes for these machines?
The noble Lord makes a very good point. Of course, gamblers will be attracted to all types of gambling opportunities, whether through fixed-odds betting terminals or online, which nowadays is so easy. We will consider the report from the DCMS very carefully. To address the noble Lord’s question, last year we brought in new requirements that will improve player protection by stopping unsupervised playing with stakes over £50. Some social responsibility has also been brought into the industry by allowing customers to make active choices with regard to both the money they put in and the time they spend on the machines.
Baroness Jowell (Lab)
My Lords, does the Minister not accept that, by allowing the proliferation of crime, one of the founding principles of the Gambling Act, which gave this country the most regulated gambling industry in the world, is being undermined? Further, does she not accept that it is time for the Gambling Commission to become more interventionist in controlling the risks from fixed-odds betting machines and that it is time to give local authorities the partnership power to regulate planning consent to limit the number of betting shops?
The noble Baroness makes some good points. New planning laws introduced in 2015 make it harder to open betting shops on the high street and the Government will take further action if necessary. She talks about the Gambling Commission. As I said to the noble Lord, the commission introduced some social responsibility requirements in terms of customers making active choices regarding time spent on machines and money limits.
My Lords, I know from previous Written Questions to the Home Office that the Home Office does not hold data on the number of police-recorded crimes in licensed premises, such as betting shops, or indeed in any other location. Will the Minister consider reviewing this policy?
The most recent data that we have are from the Commercial Victimisation Survey, which includes the whole industry of casinos, bookmakers and arcades. Therefore, we have information and we take it very seriously.
My Lords, the Minister will be aware of research that shows a link between crime and anti-social behaviour and those areas where there are large clusters of betting shops. She has already acknowledged that some changes in planning legislation have made it slightly harder to open a betting shop. Does she not agree that the time has now come to go even further and make betting shops a single-use category under planning legislation?
I do not agree with the noble Lord on that point but I agree that councils, the police and licensing committees all need to take into consideration some of the harms that gambling can cause. However, some of the most dangerous gambling now takes place online, where no one can see it.
I believe my noble friend Lord Beecham asked when the Government would implement the delayed triennial review and whether it would require a minimum of two employees to be present at all times when betting shops are open. I did not hear a response to that question. Could the Minister reply to the specific question asked by my noble friend Lord Beecham?
The noble Lord is right: I did not entirely answer the question. However, I answered one of the questions the noble Lord asked. We will, of course, consider the triennial review and take action if necessary. One of the measures that gambling establishments and betting shops are taking is to have more staff. Licensing regulations require that vulnerable people, including staff, are protected.
(9 years, 6 months ago)
Lords ChamberMy Lords, the French Government have not confirmed an intention to clear the Calais camp; however, they have consistently maintained that the camps are not permanent. We will continue to work with the French to address the situation in Calais, including by providing alternative accommodation for migrants in France, improving support available for all unaccompanied children in Calais, and prioritising asylum cases for children with family links to the UK.
My Lords, can the Government say to the French authorities that to demolish the camp without making adequate alternative arrangements for the people living there will be an attack on very vulnerable people indeed? Furthermore, can the Government speed up the process of getting unaccompanied child refugees to Britain? We have given that undertaking; they are there in Calais; why not bring them here quickly?
I thank the noble Lord for that question. We are talking to the French Government about all aspects of the migrant situation in northern France. The French Government have made it clear that anyone who does not want to live in the makeshift camps in Calais has the option of engaging with the French authorities, who will provide accommodation and support. Nearly 5,000 migrants have taken up that offer since the autumn. On the speed of delivery, since the beginning of the year, the UK has accepted more than 50 requests from France under the Dublin regulations to take care of asylum-seeking children on family unity grounds. More than 40 children have already been transferred to the UK, and more than 20 who meet the criteria under the Immigration Act 2016 have been accepted for transfer to the UK since Royal Assent in May.
My Lords, will the Government include in their discussions with the French authorities the issue of policing encampments and trying to avoid as much as possible the use of riot police? Secondly, will they try jointly, and harder, to make the Dublin III regulation actually work for real people?
That is precisely the type of thing that both Governments are collaborating on and, yes, making the Dublin framework work is of course a top priority.
How many of the 20,000 refugees we pledged to receive into the UK in the term of this Parliament have been received up to now? And if I ask that question in October, what answer does the Minister forecast I will get?
My Lords, I would not want to forecast anything but I am pleased to tell the noble Lord that the total number who have been resettled is 1,854 but, since the programme expanded, that number is 1,602, which is very pleasing indeed.
My Lords, as a result of the amendment of the noble Lord, Lord Dubs, we have a scheme that allows vulnerable Syrians to be resettled here. But I have pointed out repeatedly—and the issue has been raised in the other place with the new Immigration Minister, Robert Goodwill—that there is no scheme for vulnerable Iraqi people. For example, there is no basis for Yazidis to be resettled in the United Kingdom. Will the Minister please undertake to look in detail over the Summer Recess at the situation of vulnerable Iraqis and agree to meet with Members of this House and the other place to discuss whether an extension of the Syrian scheme by a few thousand to enable vulnerable Iraqis to come to the UK would be an appropriate response, particularly bearing in mind the responsibility that we owe post-Chilcot?
My Lords, in the two days that I have been in post, I have not got any further than France. But my noble friend has already spoken to me about this and I undertake to look into her request over the summer.
My Lords, I welcome the noble Baroness to her post. Mindful of the fact that over 200 children went missing when the southern part of the camp was dismantled, will a commitment be given in the case of unaccompanied children to avoid the perils of sudden dispersal?
The right reverend Prelate makes a very important point not only about safeguarding children, especially when they are unaccompanied on their journey, but about being mindful of some of the legal frameworks of the countries they have come from, so I totally concur with the right reverend Prelate’s point.
My Lords, has the issue of financial support to local authorities for the cost of providing for unaccompanied refugee children relocated to this country been resolved to the satisfaction of local authorities? If not, what is the extent of any disagreement?
My Lords, my understanding is that it has, and that they will certainly be reimbursed fully in year one, with that funding reducing over time as those families become settled in this country.