Gaza Strip

Debate between Lord Hylton and Lord Bates

Tuesday 21st March 2017 Lords Chamber

[Lord Hylton]

To ask Her Majesty’s Government what assessment they have made of the present state of public health in the Occupied Territories of Palestine; and the prospects for agreed international action, in particular action by Israel, to keep the Gaza Strip habitable.

[The Minister of State, Department for International Development (Lord Bates) (Con)]

My Lords, health indicators in the Occupied Palestinian Territories are relatively good in comparison with regional averages, but they are at risk of deterioration due to conflict and restrictions on movement and access. Increased water and electricity supplies are a prerequisite to improving life in Gaza. We welcome recent initiatives by Israel to increase such supplies and are monitoring their implementation. Further easing of restrictions on materials entering Gaza is also needed.

--- Later in debate ---

[Lord Hylton (CB)]

I thank the Minister for that full reply. The health situation inside Gaza is already bad under the partial blockade by Israel. In the interests of all sides, will the Government keep calling for water, sewerage and electricity supplies to be addressed without delay so that Gaza remains habitable from 2020 onwards? Will they make constructive proposals for all to consider, given the help that is available from British doctors who visit Gaza regularly?

[Lord Bates]

I reiterate that the Government will continue to make representations to ensure that the suffering of the Gaza people is alleviated as far as possible. We are doing a number of things, such as in the area of reconstruction. We are contributing to the Gaza Reconstruction Mechanism, which has rebuilt 2,100 houses destroyed in the 2014 conflict. We are urging the Israelis to honour the obligations they gave in 2015 about the supply of water, which is critical to Gaza. We are also urging them to progress with the connection of the high-voltage 161 kilovolt transmission line to the area. At the same time, we urge those militant organisations in Gaza to restrain themselves and resist and renounce those violent attacks that are at the heart of the cause of this conflict.

Iraq: Displaced Minority Communities

Debate between Lord Hylton and Lord Bates

Thursday 9th March 2017 Lords Chamber

[Lord Hylton (CB)]

My Lords, important lessons were learned when east Mosul was freed. Are they now being applied to west Mosul, where the population is much larger? Does the Minister agree that co-ordination between the Iraqi Government, the military forces, the UN and voluntary agencies is absolutely essential?

[Lord Bates]

Yes, I totally agree with that. A coalition of some 68 countries was involved, but a very important aspect, of course, is that the legitimate Government of Iraq are in the lead, and we are working with them. The United Nations Office for the Coordination of Humanitarian Affairs is taking the lead on the humanitarian response, and we work through those agencies very effectively to ensure that co-ordination is happening. One reason why it is taking so long is that past lessons learned tell us of the immense dangers to civilians, 750,000 of whom are still trapped in Mosul. We need to ensure they are protected and cared for as this military effort is prosecuted.

Refugee Camps

Debate between Lord Hylton and Lord Bates

Wednesday 8th February 2017 Lords Chamber

[Lord Bates]

It behoves all of us who are strong advocates and supporters of the 0.7%, as I know that the noble Lord and his party are as well, to do everything we can to highlight the benefits that the UK is bringing around the world to those areas most in need. We have been able to help something approaching 20 million people in the region as a result of the generosity of British taxpayers, and our money is genuinely saving lives. That is the point that we need to make loudly and clearly to the British public and the media.

[Lord Hylton (CB)]

My Lords, how many officials do we have in France to identify adults and children who qualify to seek refuge in Britain? Those people are both in reception centres and outside them. Are our people receiving good co-operation from the French authorities?

[Lord Bates]

Some people from the Home Office have been relocated to France, in particular to their Interior Ministry. More importantly, in a lot of the projects in which we are involved—programmes such as the Syrian vulnerable persons resettlement scheme and the vulnerable children’s resettlement scheme—we work very closely with the UNHCR. That body has established criteria for working out who are the people most in need and who therefore ought to be prioritised to come to this country.

Aid Reviews

Debate between Lord Hylton and Lord Bates

Friday 2nd December 2016 Lords Chamber

[Lord Bates]

That is a very good point. Of course, the noble Baroness was a distinguished Minister in the department working in that area. As we move to more cross-government funding through the Conflict, Security and Stability Fund and the prosperity fund, it is important that the same rigour be applied. I am sure the International Development Committee will look closely at that. If not, the Public Accounts Committee awaits.

[Lord Hylton (CB)]

Can the Minister give us any assurance about flexibility in spending the target of 0.7% of GDP to spread it over a period of years?

[Lord Bates]

I understand that that is the subject of the Bill before the House in the name of the noble Lord, Lord Lipsey. We have great reservations about that because we fought very hard to get where we are with 0.7% and we will not give it up, not least because it was a government manifesto commitment.

Immigration Bill

Debate between Lord Hylton and Lord Bates

Monday 21st March 2016 Lords Chamber

[Lord Bates]

I do not have those updated numbers, but I will be happy to write to the noble Baroness. I mentioned a figure of 21,000, but that referred to the whole group of family reunion cases that came to the UK between 2011 and 2015.

[Lord Hylton]

My Lords, I am grateful to the Minister. He gave me one more small crumb of comfort when he spoke about a government review of cases and the discretion that is available to entry clearance officers. On the review, I ask Members of your Lordships’ House, and of the other place, to send into the Home Office the maximum number of difficult, hard and compassionate cases. I hope that the organisations outside this House that have supported this amendment, and that tabled by my noble friend, will do the same. I hope that entry clearance officers will get clear instructions to consider the best interests of any children they may come across who are applying through them.

I beg leave to withdraw Amendment 120.

Immigration Bill

Debate between Lord Hylton and Lord Bates

Tuesday 15th March 2016 Lords Chamber

[Lord Hylton (CB)]

Before the Minister replies, can he link the request from my noble friend with Amendment 113 in the name of the noble Lord, Lord Roberts of Llandudno?

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, I thank noble Lords for this short debate. As this is a fresh part of the Bill, perhaps I may put on record that my wife is a small-scale private sector landlord. I will structure my response first by speaking to the government amendments in this group which stand in my name and then seek to devote the rest of the time, which I think will be needed, to addressing the many points which have been raised.

It is important that we place this debate in some context. We had a significant debate on this issue at Second Reading. Following that, I wrote extensively to noble Lords seeking to provide some reassurances. We revisited the issue in Committee and further letters were sent. We also had what I thought was a very productive meeting on 11 February at the Home Office to which all interested Peers were invited, and we were delighted to have with us at that point the noble Lord, Lord Best, who cannot be with us today but who co-chairs the landlords consultative panel, to guide us through some of the working. A lot of reassurances were offered then but there were some outstanding issues of concern. In that context I will be referring to a letter I sent on 7 March to my noble friend Lord Howard of Rising, a copy of which is in the Library, which provides further reassurances on certain specific points that were made. Lastly, we are bringing forward today government amendments within this group. I have set this out as context to reassure all noble Lords that the Government are listening carefully to the concerns being raised and will continue to do so as the scheme is rolled out.

As I say, the Government have listened to the concerns about the effect that these provisions could have, which is a fear of prosecution on the part of genuine landlords. Government Amendment 62 provides a further defence for landlords who, once they know that they are renting to an illegal migrant or have reasonable cause to believe that that is the case, take steps to end a tenancy within a reasonable period. The amendment also provides that the courts must have regard to any statutory guidance issued by the Secretary of State in determining whether the landlord has proved that the defence applies on the balance of probabilities. This guidance must be laid before Parliament before being issued subject to the negative resolution procedure. The guidance will provide reassurance to landlords about the sorts of steps and periods of time which the Home Office considers reasonable and unreasonable in these circumstances. I understand that the Residential Landlords Association warmly welcomes the amendment, so I hope that it offers some reassurance.

Government Amendment 64 makes a minor change to the drafting, the effect of which will mean that, where an offence has been committed, it will not serve to render the terms of any tenancy agreement invalid or unenforceable on the grounds of illegality.

Government Amendment 72 seeks to remove a provision in Clause 40 that permits the Secretary of State to amend, repeal or revoke any enactment contained in this Bill. This follows a recommendation made by the Delegated Powers and Regulatory Reform Committee, to which we wrote in response to its report, which of course the Government fully accept. I shall be moving the government amendments in due course.

I turn now to the points that were raised in the debate by my noble friends Lord Howard of Rising and Lord Cathcart. In my letter dated 7 March, I wrote as follows:

“The ‘reasonable cause to believe’ threshold is a very high one. Its inclusion in addition to the ‘knows’ threshold arguably makes it easier to successfully prosecute the landlord who is fully aware that there are illegal migrants in his or her property and deliberately turns a blind eye, or the landlord who has all the pieces at their disposal to know that he or she is renting to an illegal migrant. For a successful prosecution in such cases, the fact that the landlord is renting to a disqualified person would still have to be the only reasonable conclusion the landlord could draw from the information available to them. For example, a landlord who had undertaken all of the relevant right to rent checks in accordance with his obligations under the scheme”—

including Greek passports in the example given—

“but had no idea that he had been deceived by a good quality fraudulent document, or a landlord whose tenants had subsequently moved occupiers who were disqualified from renting into the property without his knowledge, would never satisfy the mens rea for commission of this offence”.

I hope that that offers some reassurance to my noble friends.

The noble Earl, Lord Listowel, asked about care leavers. If they have lawful status, they will have the right to rent. If not, but there are genuine obstacles to their return, permission to rent is likely to apply.

The noble Baroness, Lady Sheehan, raised a number of issues relating to prejudice. I was particularly concerned about prejudice against people with northern accents in this regard.

Immigration Bill

Debate between Lord Hylton and Lord Bates

Wednesday 9th March 2016 Lords Chamber

[Lord Bates]

More will come forward than do at the moment. We are implementing the vast majority of what James Ewins recommended. He recommended, supported by Kevin Hyland, that there ought to be information meetings. It will now be a requirement that that will happen within 42 days. We are flexible on that, and if it needs to be sooner, we will look at that very carefully. The reality is that to qualify for this visa people will have to sit down with somebody who is independent—not from the Home Office or the Government—who will ask them if they understand what their rights are. These are unprecedented protections that have been put in place by the Government, alongside the Modern Slavery Act—we are leading the world in this area. I urge the noble Lord to think very carefully about the safety of people and the ability of the police to prosecute those who are carrying out this heinous abuse of the most vulnerable people in our country.

[Lord Hylton]

My Lords, I am extremely grateful for the support I have had from the Opposition Front Bench. It has been suggested that implementing the review is impractical. But I say to my noble friend Lord Green and to the Minister that that surely overlooks the point that changes of employer would have to be registered. The Government also rely on the national referral mechanism, but there have been serious criticisms of how that mechanism works in practice. This whole discussion shows how closely interrelated domestic and overseas issues have become.

[Lord Bates]

I am sorry to interrupt, but I want to make a very important point. People need to understand that there have been criticisms about the national referral mechanism and that is why we asked Jeremy Oppenheim to undertake a review. He undertook a comprehensive review, which was discussed during the passage of the Modern Slavery Act and which we are now going through and implementing to ensure that it works in a way that is on the side of victims.

[Lord Hylton]

I think it is paradoxical for the Government to have a review and then turn down two-thirds or so of its recommendations. As I was saying, home issues and overseas issues are closely related—

[Lord Bates]

If it were not such an important issue, I would not intervene again, but I am afraid that it is not true that we have turned down two-thirds of those recommendations. We asked Jeremy Oppenheim to undertake that review and we have implemented the vast majority, if not all, of its recommendations. Some elements related to child trafficking advocates. There was a trial; it was not working as we wanted and we said that we would look at it and do something else. But that is not turning down two-thirds.

[Lord Hylton]

It is clear that the Minister and I are not going to agree tonight, so I wish to test the opinion of the House.

Asylum: Processing of Applications

Debate between Lord Hylton and Lord Bates

Wednesday 2nd March 2016 Lords Chamber

[Lord Bates]

I am trying to remember the immigration phone line to which the noble Baroness refers. I assume that she means the right-to-rent checks, for which there is a helpline charged at local rates. That is simply just to check immigration status. It is almost a binary issue of whether the person is legally entitled to be here or not. We think that it can probably be dealt with at that level.

[Lord Hylton (CB)]

My Lords, I understand that students may well be able to carry out clerical functions connected with processing, but will the Minister assure the House that they are never in a position to conduct the substantive interviews on which essential decisions depend?

[Lord Bates]

If they have the qualifications and the mentoring in place, they can undertake those interviews. It is very important to say that their work is overseen by the independent chief inspector. When he looked at this, he found that the decision-makers were professional and dedicated and demonstrated commitment to fairness. Perhaps it might also be of interest to noble Lords to visit the office in Croydon—I can arrange that—to see the type of people who are undertaking these very important decisions.

Calais: Child Refugees

Debate between Lord Hylton and Lord Bates

Monday 29th February 2016 Lords Chamber

[Lord Bates]

That is right. In the Written Statement on 28 January, we announced that we were devoting £10 million to the protection of children across Europe. We have provided additional support, particularly in the camps, to make sure that people get the advice they need. As the noble Lord rightly says, we are talking about children here and I well understand that they need an adult on their side who can work with them, helping and guiding them through the process. We have said that the best route for that is in the first instance that they claim asylum in France and then they can enter that system and get the protection they need. Then when their family are identified in the UK they can be safely transferred to the UK to be reunited with them.

[Lord Hylton (CB)]

My Lords, I apologise for not having heard what the Minister repeated. He was too quick for me. However, as I was in Calais just over a month ago, perhaps I could ask: does he agree that getting information to the relevant people, whether children or adults, is crucial to those who already have close relatives in Britain? Does he also agree that that kind of information would be best conveyed not by officials but by people who are already in this country, who can explain their situation and how to go about family reunion? I hope the Minister will look sympathetically on my amendment about family reunion when we come to Report on the Immigration Bill.

[Lord Bates]

On the point about family reunion, the French Government are supporting some NGOs that are operating in that area and doing important work in the camps, ensuring that people get access to the type of advice they need. We will make sure that that work continues. The NGOs want to do the right thing. The Government want to do the right thing, both here in the UK and in France. That is why the relationship is so important and why we are working so closely together to ensure that children and families are reunited as soon as possible.

Immigration Bill

Debate between Lord Hylton and Lord Bates

Monday 1st February 2016 Lords Chamber

[Lord Bates]

On that point, which I was just coming to, migrants making an application for asylum or humanitarian protection, or a claim that their removal from the United Kingdom would be contrary to Article 3 of the European Convention on Human Rights, will be exempt under the existing rules.

A question was asked, very reasonably, about definition. The explanation is quite lengthy, so perhaps I might put it in writing to the noble Baroness, Lady Doocey, and copy it to other interested Members. I know that that information would be useful ahead of day four of consideration in Committee, when other related issues will be considered.

On the points made by the noble Lords, Lord Hylton and Lord Alton, and the noble Baroness, Lady Lister, children who are visiting the UK with their parents or guardians or whose parents are here unlawfully are generally not entitled to free NHS hospital treatment. However, they will always be provided with immediately necessary and urgent treatment, even if their parents have not paid in advance or are likely to be unable to pay afterwards. But some particularly vulnerable children are exempt from the charge—for example, refugees, those looked after by a local authority and victims of human trafficking. We do not intend to establish a blanket exemption for children, as this poses a significant risk that people would bring their children to the UK to seek treatment for existing serious illnesses. No child is deprived of access to health services, but in some cases this will have to be paid for, unless an exemption applies.

The noble Lord, Lord Alton, asked about the Cardinal Hume Centre, which I have heard of by reputation. I would be very happy to accompany him with one or two officials, ahead of Report stage, to see the work going on there and to hear about the practical concerns. That would be a good part of testing out what we are doing. However, the Government believe that those who make use of NHS services must pay for them. The immigration health charge is collected as a direct contribution to the NHS. Children are as likely to make use of NHS services as adults, and it is therefore only right that parents and guardians bear the responsibility of paying a charge for their child, except in the type of situation I have identified. Those who pay the charge will then receive free NHS treatment for the duration of their lawful stay in the United Kingdom.

With these explanations and that commitment to explore this issue further ahead of Report, particularly in relation to the Cardinal Hume Centre, I invite noble Lords to consider withdrawing their amendments at this stage.

[Lord Hylton]

Before the noble Baroness decides what to do about this group of amendments, I ask the Minister to reflect between now and Report on whether Section 38 of the Immigration Act 2014 is compatible with the agreements we have with other EU states for reciprocal health and welfare benefits. If it is not, that would seem to me to reflect very badly on our current efforts to renegotiate membership.

[Lord Bates]

I am very happy to reflect on that. Perhaps I will include the response to that with the response on destitution that I promised the noble Baroness.

Child Refugees

Debate between Lord Hylton and Lord Bates

Monday 25th January 2016 Lords Chamber

[Lord Hylton (CB)]

My Lords, I was in Calais in the “jungle” camp last Thursday—not, I add, in combination with the leader of the Opposition in the other place. The visit was organised by two leading Catholic social agencies, one in Britain and the other in France. It included meetings with three deputies of the French National Assembly. Will the Government provide legal routes to apply for asylum in this country for purposes of family reunion or for former employees of British Armed Forces?

[Lord Bates]

Certainly under Dublin there is a route for family reunion, which we honour and respect. Harrowing pictures come from the camp; I have not had the opportunity to visit. It is absolutely critical that the people in those camps claim asylum in France and therefore start to get care and attention that the children, in particular, need in France. We would encourage them to do that.

Overseas Domestic Workers Visa

Debate between Lord Hylton and Lord Bates

Monday 25th January 2016 Lords Chamber

[Lord Bates]

The report was published on 17 December, so we have had it during consideration of the Immigration Bill, which is obviously a more sensible legislative vehicle to carry any changes. James Ewins has put forward 34 recommendations, which we are looking at very carefully, and we appreciate his work. When we debated this in the Immigration Bill Committee last week, I said that, before Report, we would have a meeting of all interested Peers—with James Ewins—and the Government would produce their response and any proposed amendments to the legislation.

[Lord Hylton (CB)]

My Lords, the Minister has proposed a meeting on this subject and we are grateful for that. However, what is the point of having an independent, specialist review and then delaying implementing its conclusions and recommendations? Failure to act will surely prolong and continue exploitation and misery, whereas this could easily be remedied by modifying the immigration rules.

[Lord Bates]

That is one route. We are on the same track as the broad thrust of what James Ewins has put forward. He identifies some gaps in the data, and we recognise that that needs to be worked on. We need to consult, across Government, about the right approaches. However, there are some areas where we have a problem that we would like to focus on further. Our view is that the national referral mechanism is the correct vehicle for dealing with someone who is found to have been abused under the overseas domestic workers visa scheme. That ensures that the individual gets the help they need and that the National Crime Agency finds out who the perpetrator is, so that appropriate action is taken. However, we are on the same page on the broad thrust.

European Union: Schengen Agreement

Debate between Lord Hylton and Lord Bates

Tuesday 15th December 2015 Lords Chamber

[Lord Bates]

That is a good question. I wish the noble Lord had continued a little further in his first intervention and then I might have heard it before. The important point is that the juxtaposed controls which we have with Belgium at Coquelles and also at Calais are essential partnerships. It is very important that they are maintained. We do not believe that Schengen is in danger of suspension at present. There may be members of it, such as Greece, which are causing concern and certain members which are exercising their rights under Article 23 to suspend the operation of those borders for a time. However, it would have implications for us, and that is why we are following it very closely and will offer every support we can to our EU partners.

[Lord Hylton (CB)]

My Lords, does the Minister agree that fences and border controls provide no solutions? Surely men, women and children already in Europe deserve decent treatment. While camps may sometimes be necessary for purposes of assessment, will the Government ensure that the aim is always settlement or return home so that people do not rot in bad conditions?

[Lord Bates]

That is a very important point. One of the things that we have done in supporting Greece is to provide DfID aid to ensure that the centres where people’s applications are processed have the type of decent humanitarian care which Europe and this country have a proud record in delivering.

Higher Education: Overseas Students

Debate between Lord Hylton and Lord Bates

Thursday 10th December 2015 Lords Chamber

[Lord Bates]

The noble Lord makes an interesting suggestion about our relations with the Commonwealth. Of course, Australia and Canada also have an attractive offer to international students and, therefore, it would be good to look at forming greater relationships between us. However, the bottom line is that there is no limit on genuine students studying at genuine universities in the UK, nor will there ever be one.

[Lord Hylton (CB)]

My Lords, is the Minister aware of the difficulties faced by Palestinian students, who first have to go to Jordan to get their visas, which involves passing through many Israeli checkpoints on the way, before paying a large fee? Do the Government already have discretion to waive fees for poor students, particularly for those coming for short visits to take part in a conference or a performance in this country, for example?

[Lord Bates]

Any plans to change the system on the fees depends on the relationship with the university in the UK. Presumably a relationship can be negotiated on the financial assistance which might be given to such students. Of course it would be entirely open to the universities to make such offers as they wish. However, it is an important part of the verification process to introduce television or visual interviews with students, because that has made a significant improvement in the quality and calibre of the students coming to our institutions.

Kurdistan Workers’ Party

Debate between Lord Hylton and Lord Bates

Thursday 3rd December 2015 Lords Chamber

[Lord Hylton]

To ask Her Majesty’s Government whether they will reclassify the Kurdistan Workers’ Party as a national resistance movement.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, the Kurdistan Workers’ Party, the PKK, is a proscribed organisation. The Terrorism Act 2000 allows the Home Secretary to consider deproscription by written application. There are no provisions in legislation to classify a group as a resistance movement.

[Lord Hylton (CB)]

My Lords, when I tabled this Question I did not expect the Answer to be, “Yes, of course”. However, have the Government fully considered that the PKK long ago stopped killing civilians; that it has offered many ceasefires, particularly since 1999; that it is asking not for independence but for devolution; and that it has the support of non-violent civil society in the south-east and of many other minorities in Turkey? They all want a new constitution. Will the Government consider these points?

[Lord Bates]

Political aspirations are of course noble and those are the types of issues which should be addressed in the peace talks that we want the PKK to return to. But the fact is that the PKK has been responsible for 140 deaths of military police and civilians in Turkey just in recent months, and that is the reason it is proscribed as a terrorist organisation and why it will remain so.