0:00:16 > 0:00:21I, Anthony Peter, do you swear by Almighty God that I will be faithful
0:00:21 > 0:00:25and bear true allegiance to her Majesty Queen Elizabeth, her heirs
0:00:25 > 0:00:37and successors, according to the law, so help me God.
0:01:23 > 0:01:27My Lords, I should like to make it brief personal statement. Yesterday,
0:01:27 > 0:01:34in response to a question asked by Lord Anderson of Swansea, I drew the
0:01:34 > 0:01:38minister's attention to the high standards of reporting and
0:01:38 > 0:01:42transparency required of the financial services industry, by the
0:01:42 > 0:01:46regulatory authorities in the Cayman Islands. In doing so, I should have
0:01:46 > 0:01:50informed the house at the close family member is a director of the
0:01:50 > 0:01:54financial services company domiciled in the Cayman Islands, and I
0:01:54 > 0:01:58apologise unreservedly for this omission. I am very grateful to the
0:01:58 > 0:02:03house by this early opportunity to correct the record.Second reading
0:02:03 > 0:02:10of the Refugees (Family Reunion) Bill.I beg to move that this Bill
0:02:10 > 0:02:16now be read a second time. Our society recognises the plight of
0:02:16 > 0:02:20refugees, and our moral obligations, as well as giving practical
0:02:20 > 0:02:25expression to our humanitarianism. Our culture recognises the
0:02:25 > 0:02:31importance of family. So do most cultures. This Bill recognises both.
0:02:31 > 0:02:36I want first to acknowledge the government's contribution by way of
0:02:36 > 0:02:40funds in the Middle East and elsewhere. Pursuing provisions in
0:02:40 > 0:02:45this Bill is not to deny the significance of this, nor that the
0:02:45 > 0:02:51UK is setting a good example, but it is not a complete answer. Many
0:02:51 > 0:02:55refugees from Syria are still in the region. The strain on a neighbouring
0:02:55 > 0:03:02countries is enormous. Turkey, Jordan, Lebanon, which is about the
0:03:02 > 0:03:07size of Wales and hosts a refugee population amounting to around 30%
0:03:07 > 0:03:13of its total population. And it is not a signatory to the Refugee
0:03:13 > 0:03:18Convention. If they can do so much, we should do our bit. In 2016, the
0:03:18 > 0:03:26UK received 3% of asylum applications made in the EU. Head of
0:03:26 > 0:03:32population, the UK ranked 18th in the EU, with 0.6 applications per
0:03:32 > 0:03:36thousand people. In this same year globally, 20 people became newly
0:03:36 > 0:03:43displaced every minute every day. I know the government takes a few that
0:03:43 > 0:03:47the Bill seeks a little but is not done already, so I will take its
0:03:47 > 0:03:53clause by clause. Clause 1.1 provides that a person with refugee
0:03:53 > 0:03:57status or humanitarian protection may apply for permission for family
0:03:57 > 0:04:02members to join him. If I see him, from time to time, I generally mean
0:04:02 > 0:04:09him or her. That is the position in our current immigration rules, but
0:04:09 > 0:04:13they are rules, not primary legislation, not secondary
0:04:13 > 0:04:20legislation, not something that Parliament can amend or reject.
0:04:20 > 0:04:26Rules are an executive instrument subject to change. The first three
0:04:26 > 0:04:31of the groups listed in clause 1.2 can, under the current rules, be
0:04:31 > 0:04:35sponsored, but only by adults. The other people on the other categories
0:04:35 > 0:04:41may given leave to enter or remain in the country by discretion. I
0:04:41 > 0:04:46don't think it's unreasonable for them refugee to have the right to be
0:04:46 > 0:04:51joined by family members, and it could be said that those listed are
0:04:51 > 0:04:57distant relatives. Where there is a discretion, there are bound to be
0:04:57 > 0:05:02inconsistencies, if leaders given at all, of course, about the type of
0:05:02 > 0:05:06leave, but the length of stay granted. Family members may get
0:05:06 > 0:05:12different lengths. There may be a residency criteria for housing. Some
0:05:12 > 0:05:18noble Lords when at a meeting last week in Parliament and Harriet a
0:05:18 > 0:05:23teenager, a very mature teenager, a very tall teenagers as well, tell a
0:05:23 > 0:05:31meeting that he had reached the UK alone. His parents and siblings came
0:05:31 > 0:05:34later and separately. And eventually, they were together,
0:05:34 > 0:05:41living together, briefly. He said, they have been told they have to go
0:05:41 > 0:05:44back to Birmingham, because that is where my mum was sent to live when
0:05:44 > 0:05:48she was an asylum seeker, and because I came as a refugee child on
0:05:48 > 0:05:55my own, I have to live in Essex, so we are still not together. My
0:05:55 > 0:05:59brothers and sisters are at school in London, and my dad is working in
0:05:59 > 0:06:03a restaurant. If we had to move to Birmingham, they would miss out on
0:06:03 > 0:06:07schooling once again and my dad would lose his job and find a new
0:06:07 > 0:06:13one, which might not be easy. The reason we are still separated is
0:06:13 > 0:06:17because I could not apply for a family reunion when I came to
0:06:17 > 0:06:24England, and that is the reason I am still living on my own. Home Office
0:06:24 > 0:06:32caseworkers do have guidance, and they must consider exceptional
0:06:32 > 0:06:37circumstances or compassionate factors. The guidance tells them
0:06:37 > 0:06:40that entry clearance or the grant of leave outside the immigration rules
0:06:40 > 0:06:47is likely to be appropriate only rarely. I heard, for instance, of a
0:06:47 > 0:06:53disabled person but the carer who is a family member, who was allowed
0:06:53 > 0:06:56these. Exceptional circumstances is the term we're used to considering
0:06:56 > 0:07:02in various contexts. But often, these circumstances are in fact the
0:07:02 > 0:07:10norm in this situation. One of the people who may, and I stress, may,
0:07:10 > 0:07:13be given leave, is an unmarried child of rarely seen. The position
0:07:13 > 0:07:20of the 19-year-old daughter or son, alone in a refugee camp, without
0:07:20 > 0:07:25family support, is something that would worry any of us. At the
0:07:25 > 0:07:31meeting I referred to, we'll saw heard from a hugely impressive Young
0:07:31 > 0:07:35Ceridian. She spoke no English when she arrived, but for years on and
0:07:35 > 0:07:41very fluent, she is studying aeronautical engineering. So many of
0:07:41 > 0:07:46the young refugees I have met have been so keen to contribute to
0:07:46 > 0:07:55society. Model citizens. Her father took the initial journey by himself.
0:07:55 > 0:08:00She and her mother later joined him under the current rules. But only
0:08:00 > 0:08:05after several attempts to get visas from the embassy in Beirut,
0:08:05 > 0:08:09travelling from northern Syria. Being held up at the border,
0:08:09 > 0:08:13arriving late at the embassy, being told that as they had missed the
0:08:13 > 0:08:17appointment, they couldn't be dealt with. And that difficult and
0:08:17 > 0:08:21dangerous journey in both directions had to be repeated. She said, there
0:08:21 > 0:08:31was no respect at the Embassy. There was no respect for our papers.
0:08:31 > 0:08:35Dangerous journeys to embassies and consulates to make up your creations
0:08:35 > 0:08:38are common story. Travelling through war zones is not like catching a bus
0:08:38 > 0:08:44at the end of the road. Then the other -- then there are the
0:08:44 > 0:08:50unaccompanied children, whose situation has got the public
0:08:50 > 0:08:59imagination. I don't want to teach humanise them by using the acronym
0:08:59 > 0:09:08UASC. That is an implicit acceptance of the importance of family, though
0:09:08 > 0:09:13the need for serious and compelling considerations would make exclusion
0:09:13 > 0:09:17of the child undecidable, seems to go on the other direction and
0:09:17 > 0:09:22suggests exception allergy. But it's not an alternative to what clause
0:09:22 > 0:09:291.3 of the Bill provides. Among the other requirements, the tiles can
0:09:29 > 0:09:36and will be accommodated, in accommodation which is relative,
0:09:36 > 0:09:40usually in this situation and aunt or uncle or a sibling. Owns and
0:09:40 > 0:09:45occupies exclusively and Siebel be maintained by the relative without
0:09:45 > 0:09:52recourse to public funds.
0:09:52 > 0:09:57These are the criteria that cannot be met by the relative. The child
0:09:57 > 0:10:02must hold a valid entry clearance or leave to remain on the arrival. I
0:10:02 > 0:10:08have referred to the documentation. A fee is payable, a substantial fee.
0:10:08 > 0:10:12In a case of child asylum seekers, we're told by the government, if we
0:10:12 > 0:10:17were to allow them to sponsor parents or other family, this would
0:10:17 > 0:10:22that act as a pull factor. They would be sent here by family. So the
0:10:22 > 0:10:28family have a way in. Whether it is consistently argued this, at the
0:10:28 > 0:10:32same time arguing what the bill would do, as it is already applied.
0:10:32 > 0:10:38I would leave aside there are not push factors. What evidence is there
0:10:38 > 0:10:44for this? My noble friend, Baroness Shearman will say a lot more about
0:10:44 > 0:10:50this. Once the child has reached Europe, the UK may have more of a
0:10:50 > 0:10:57pull factor than other countries. Not invariably so. That is often
0:10:57 > 0:11:05called a perverse incentive to send a car dailly-macro child out of his
0:11:05 > 0:11:10country, and quite frankly I do not buy it. The more the situation we
0:11:10 > 0:11:15learn of France, Greece and elsewhere, we recently debated the
0:11:15 > 0:11:19situation postie Calle jungle, and found disturbing findings by the
0:11:19 > 0:11:26refugee rights stated project. The more manifest is the need for safe
0:11:26 > 0:11:30and legal routes to reduce opportunities for criminals to
0:11:30 > 0:11:39exploit and abuse. Without safe and legal routes, children are destined
0:11:39 > 0:11:46for abuse. Giving the right to a child refugee to have fetched
0:11:46 > 0:11:54dailly-macro their family join them or not the novel. The UN does so,
0:11:54 > 0:12:01but we're not a signatory. Ten years another phrase that noble Lloyds
0:12:01 > 0:12:06will be familiar, what is in the best interest of the child? A child
0:12:06 > 0:12:09whose father has been killed in Afghanistan, whose mother sent away
0:12:09 > 0:12:13for protection. A child in need of protection under the Geneva
0:12:13 > 0:12:17Convention, and it is in his interest to be joined in cared for
0:12:17 > 0:12:24by his family this noble Lords may wonder why I've not mentioned
0:12:24 > 0:12:28document three. We are concerned with the position post-Brexit. That
0:12:28 > 0:12:33is a regulation dealing with arrangements between states,
0:12:33 > 0:12:36regarding the transfer of asylum applications. A related but parallel
0:12:36 > 0:12:44issue. I have included the exception to the rights in clause one if that
0:12:44 > 0:12:50would be in the interest of national security. Applying this also to
0:12:50 > 0:12:54Klaus two, concerning British citizens with family members, who
0:12:54 > 0:12:57have protection need. The problem came to prominence just before the
0:12:57 > 0:13:03Calle jungle was broken up. A father was settled in the UK, his daughter
0:13:03 > 0:13:09was in the jungle. He could not meet the fees and income requirements of
0:13:09 > 0:13:15our family Visa rules. He, the holder of a British passport, went
0:13:15 > 0:13:21to live in the jungle to look after his daughter. Clause three allows
0:13:21 > 0:13:24for the Secretary of State to make regulations, to extend the
0:13:24 > 0:13:31definition of family member. And to find requirements for regulations
0:13:31 > 0:13:38for evidencing family membership or dependency. I have referred to
0:13:38 > 0:13:42evidencing, which is not as simple as ministers ordered during the
0:13:42 > 0:13:46passage of the legal late sentencing and punishing offenders act. During
0:13:46 > 0:13:51the bill, ministers said the amount to keep family reunion cases in
0:13:51 > 0:13:57scope would cost £5 million a year. I'll leave it to noble Lords to take
0:13:57 > 0:14:03their own view of that amount. Documents may not be available, they
0:14:03 > 0:14:06may be left behind, they may never have been provided in the country of
0:14:06 > 0:14:14origin. DNA testing would help the government, they use to fund it, but
0:14:14 > 0:14:22no longer. The chief inspector has welcomed its reinstatement. I
0:14:22 > 0:14:25mention going to the embassy and back a dangerous journey. Centres
0:14:25 > 0:14:29have been set up in France, I understand in conjunction with the
0:14:29 > 0:14:33UK, but we hear of difficulties reaching them and various practical
0:14:33 > 0:14:37problems. The last I heard was the UK had sent over a single official
0:14:37 > 0:14:43to assist. I hope that is wrong. My Lords, in everything I mentioned is
0:14:43 > 0:14:47already our law, it is not working in practice. Hard cases make bad
0:14:47 > 0:14:58law. Bad law or no law makes hard cases. The EU directive on the right
0:14:58 > 0:15:02to family rededication states in the recital that it is a necessary way
0:15:02 > 0:15:08of making family life possible. It helps to create sociocultural
0:15:08 > 0:15:11stability, facilitating the integration of third country
0:15:11 > 0:15:15nationals in the state. Which also serves to promote economic and
0:15:15 > 0:15:21social cohesion. My Lords, I agree, families belong together. I beg to
0:15:21 > 0:15:28move.The question is that this building be now read the second
0:15:28 > 0:15:34time.May I congratulate the noble lady on achieving this debate, with
0:15:34 > 0:15:39a very important private members bill. There are 65 million refugees
0:15:39 > 0:15:45in the world. One of the greatest challenges to all of us, how we
0:15:45 > 0:15:49handled the refugee situation. The majority of them are miles away no
0:15:49 > 0:15:54way near the United Kingdom. It is as well to remember even though the
0:15:54 > 0:15:58Syrians, there are about 3 million in Turkey, and Jordan and Lebanon.
0:15:58 > 0:16:03When people say to me while we worried about child refugees coming
0:16:03 > 0:16:06to Britain, such a small number compared to those in the region
0:16:06 > 0:16:14itself. If I can just digress from the subject of the bill for a
0:16:14 > 0:16:22moment. I was in Saint James Church in Piccadilly, with the vicar
0:16:22 > 0:16:27team-macro days ago, they have one for installation, lovely old church.
0:16:27 > 0:16:36From the ceiling, hanging clothes from refugees who arrived, who had
0:16:36 > 0:16:41discarded the clothes. A very powerful image indeed. Just to show
0:16:41 > 0:16:47what it means to be a refugee. One wonders what has happened to all the
0:16:47 > 0:16:52refugees whose clothes hanging up there on that installation. The
0:16:52 > 0:16:57importance of it is public opinion. I believe firmly we have two key
0:16:57 > 0:17:01public opinion on our side if we are going to do a few mainly be
0:17:01 > 0:17:07refugees. I still believe, regarding refugee children, and refugees as a
0:17:07 > 0:17:13whole. Public opinion, if informed of what is going on. If informed of
0:17:13 > 0:17:17the experiences refugees have been through, public opinion is by and
0:17:17 > 0:17:21large on our side. It is important to bear that in mind, whenever any
0:17:21 > 0:17:27of us, and I have been quite a bit involved talking about refugees, I
0:17:27 > 0:17:32say I must bear in mind that opinion has to be with us and we can be much
0:17:32 > 0:17:36more Christian, and humane and do better things. I believe on this
0:17:36 > 0:17:41issue, in the bill, public opinion is certainly on our side. All we
0:17:41 > 0:17:44have to do is explain to the public what the position is, how
0:17:44 > 0:17:50individuals are affected. The public won't all come around. I have had a
0:17:50 > 0:17:55few abusive tweets. On the whole public opinion is supported. We have
0:17:55 > 0:17:58two bear in mind, and every refugee has gone through a period of
0:17:58 > 0:18:05uncertainty. At the least, sometimes experiences have been terrible. I
0:18:05 > 0:18:09was talking to a Syrian boys some months ago. He told me his father
0:18:09 > 0:18:16had been killed virtually in front of him in either Aleppo or Damascus.
0:18:16 > 0:18:20He said he did not know whether rest his family was. Suppose where the
0:18:20 > 0:18:25rest of his family are, they have escaped from the carnage, suppose
0:18:25 > 0:18:32the rest of his family, mother and possibly siblings are somewhere in
0:18:32 > 0:18:38Greece or Turkey. Are we going to say that this bill should not apply,
0:18:38 > 0:18:40these children, the family should not come and join that one boy
0:18:40 > 0:18:48there. Of course we cannot say that it would be inhumane. It appears to
0:18:48 > 0:18:50me, save the very exceptional circumstances, that is exactly the
0:18:50 > 0:18:58position. What the noble lady's builders seeking to remedy. There
0:18:58 > 0:19:01are other certainties. If the child reaches the age of 18, there is no
0:19:01 > 0:19:06assurance they can stay in this country. That is a key issue. The
0:19:06 > 0:19:10main one for many of us is the separation from family. To be alone,
0:19:10 > 0:19:18maybe the child came from a more often avoid the girl from the only
0:19:18 > 0:19:21one who could make it in these difficult circumstances. Doing the
0:19:21 > 0:19:30terrible journey. Is in fact a boy he may take the risk. He will be
0:19:30 > 0:19:33possibly in Dunkirk, Calais, possibly Greece. Maybe he will get
0:19:33 > 0:19:39here. What is he to do if he cannot be joined by his family? Cannot
0:19:39 > 0:19:45think of anything more painful. Of course for the parody themselves --
0:19:45 > 0:19:50for the family themselves do this it is out in Greece, Turkey, Jordan,
0:19:50 > 0:19:55say we will never be able to join our son in Britain? Do they make the
0:19:55 > 0:19:59journey themselves? The perilous journey, subject to trafficking.
0:19:59 > 0:20:05Terrible dilemma to give a family. To say, well, you can stay separated
0:20:05 > 0:20:13from your child, all you can make the dangerous journey. I quote the
0:20:13 > 0:20:17Home Affairs Select Committee. They say this very clearly, and I quote,
0:20:17 > 0:20:23it seems it was perverse that children granted refugee status in
0:20:23 > 0:20:28the UK are not then allowed to bring their close family to join them in
0:20:28 > 0:20:33the same when adults would be able to do. The rights of the family
0:20:33 > 0:20:38should apply to child refugees just as it does to adults. Surely that is
0:20:38 > 0:20:41the total argument as regards children? There are other aspects.
0:20:41 > 0:20:48This seems to be the main one was that is it. That is the case. The
0:20:48 > 0:20:55government need to be able to respond to that particular case of
0:20:55 > 0:20:58the Home Affairs Select Committee. We have heard arguments about pull
0:20:58 > 0:21:04factors. There are also push factors. There may be there is the
0:21:04 > 0:21:08element of a pull factor. Not much of one. A humanitarian need to do
0:21:08 > 0:21:15something to deal with these terrible family separations. Of
0:21:15 > 0:21:20course we are told they may be exceptional circumstances. Fine if
0:21:20 > 0:21:23the exceptional circumstances can apply often enough, maybe that is
0:21:23 > 0:21:28why. It is still uncertain. Even if they apply, they don't get the
0:21:28 > 0:21:34protection they would be if people came as of right, to be united with
0:21:34 > 0:21:38their family member. Indeed the government themselves have said, as
0:21:38 > 0:21:45the old lady quoted, exceptional circumstances in these circumstances
0:21:45 > 0:21:50must be very rare. The complexity of the situation is such, that without
0:21:50 > 0:21:56legal aid, it is very difficult to make much progress. That is my mind,
0:21:56 > 0:22:03the argument, my lords. The three provisions do not cover all cases,
0:22:03 > 0:22:12only a small number only. In any case, they only apply when the child
0:22:12 > 0:22:16can join the family, not when the family can during the child. I think
0:22:16 > 0:22:20there is a very clear case in favour of this bill. A clear case,
0:22:20 > 0:22:24humanitarian case, I believe it is put to the British people they would
0:22:24 > 0:22:30support it. That is why we should support the bill.My lords, I rise
0:22:30 > 0:22:37to support this bill, and commend my local friends, for her tenacity and
0:22:37 > 0:22:42stamina in trying to improve the lot of refugees, and asylum seekers.
0:22:42 > 0:22:47This bill is just one example of the work she does in this area, and a
0:22:47 > 0:22:53great privilege to follow the noble Lord has done more than anybody in
0:22:53 > 0:22:59this House in this area. My noble friend talked about the moral
0:22:59 > 0:23:04obligations, and our humanitarianism. Call me cynical,
0:23:04 > 0:23:08but after 30 years in the police service you tend to become a bit
0:23:08 > 0:23:13cynical. For me, politics is often about the number of votes a measure
0:23:13 > 0:23:17is likely to win or lose. In terms of determining whether a government
0:23:17 > 0:23:26will support it or not. Some issues, our desire for political advantage,
0:23:26 > 0:23:29it should take second place to our moral obligations and
0:23:29 > 0:23:36humanitarianism. This is one of them. My lords, it is difficult to
0:23:36 > 0:23:41imagine the trauma of being separated from your family,
0:23:41 > 0:23:44children, or parents, for example, in any circumstances. To know they
0:23:44 > 0:23:49are still in the dangerous part of the world, where they could be
0:23:49 > 0:23:54killed or seriously injured. The ready painful separation could
0:23:54 > 0:24:00become permanent that must be even worse. Imagine having to take the
0:24:00 > 0:24:03perilous journey across the Mediterranean, across Europe.
0:24:03 > 0:24:07Eventually seeking asylum in a foreign country far from home, where
0:24:07 > 0:24:13you may be unable to communicate, where you feel hostility from a
0:24:13 > 0:24:17government who expresses the wish to make the UK a hostile place for
0:24:17 > 0:24:22illegal immigrants. And then to be given little or no hope of ever
0:24:22 > 0:24:31seeing your family again. My lords, some of us, apart from perhaps the
0:24:31 > 0:24:35noble Lords amongst us who are lawyers, would hesitate to engage in
0:24:35 > 0:24:41any form of legal process engaging a court or tribunal without legal
0:24:41 > 0:24:46representation, even in this country. Imagine being in a foreign
0:24:46 > 0:24:50country, where you have no knowledge of the country's legal processes,
0:24:50 > 0:24:54cannot speak the language, and cannot afford to employ a legal
0:24:54 > 0:24:59representative. What chance would any of us have of navigating the
0:24:59 > 0:25:07legal processes, to try to be reunited with our family
0:25:07 > 0:25:12Now imagine that all these scenarios are happening at the same time.
0:25:12 > 0:25:15Separated from your family, traumatised by the danger she fled
0:25:15 > 0:25:20from, that your family still faces, still traumatised from the perilous
0:25:20 > 0:25:24journey you've taken, arriving in a hostile foreign country and these
0:25:24 > 0:25:27are the legal process you have no understanding of and no help of
0:25:27 > 0:25:34engaging. My Lords, if that were not bad enough for an adult to cope
0:25:34 > 0:25:38with, as we have heard, unaccompanied asylum seeking
0:25:38 > 0:25:42children have no recourse to bring their parents or family members to
0:25:42 > 0:25:47join them, unless there are exceptional circumstances. And out
0:25:47 > 0:25:53of the 28 European Union countries, only Denmark and the United Kingdom
0:25:53 > 0:25:55did not allowed applications for reunification from asylum seeking
0:25:55 > 0:26:06children. Some claim -- something the home affairs select committee
0:26:06 > 0:26:09described as perverse. Talking of perversity, it is only while someone
0:26:09 > 0:26:14is a refugee that they are able to bring other family members to the
0:26:14 > 0:26:18UK, without having to have sufficiently high income to qualify,
0:26:18 > 0:26:24to bring their family members to the UK. If a refugee does everything
0:26:24 > 0:26:28this country asks of him or her and is granted British citizenship, he
0:26:28 > 0:26:34is then prohibited from bringing his spies to the UK, and lest he reaches
0:26:34 > 0:26:40the income threshold. If he were to string out his asylum application,
0:26:40 > 0:26:43he would not have to earn such a high salary in order to achieve that
0:26:43 > 0:26:51end. This Bill addresses all of these issues. It allows
0:26:51 > 0:26:54unaccompanied refugee children to sponsor their family members to join
0:26:54 > 0:26:59them, it allows former refugees the right to sponsor family members
0:26:59 > 0:27:05asylum seekers under the refugee reunion rules. It reintroduces legal
0:27:05 > 0:27:13aid for a refugee family reunion cases. What does the government,
0:27:13 > 0:27:19what are the government's objections? In the 2017 Conservative
0:27:19 > 0:27:26Party manifesto, on page 65, it topped sub out, and I quote,
0:27:26 > 0:27:30solidarity is a conservative principle, growing out of family,
0:27:30 > 0:27:33community and nation. All things Conservatives believe in and work to
0:27:33 > 0:27:40conserve. If the government truly bereaved in family, truly worked to
0:27:40 > 0:27:46conserve the family, it would support this Bill. As the noble Lord
0:27:46 > 0:27:50has said, we're not talking about large numbers here. I support this
0:27:50 > 0:27:54Bill and I would ask the whole house and the government to support it as
0:27:54 > 0:28:05well.I had the great privilege and good fortune, that when I decided to
0:28:05 > 0:28:12return to the UK, to marry my husband, he was of New Zealand
0:28:12 > 0:28:22extraction of British parents, I did not have to prove that I had an
0:28:22 > 0:28:26income, the reason I was allowed to come here was that I had spent the
0:28:26 > 0:28:31largest part of my life as a student in this country. And it was accepted
0:28:31 > 0:28:34that I could come back and live here, and therefore when I married
0:28:34 > 0:28:44my husband, he was invited to take a passport. It seems to me that
0:28:44 > 0:28:50assumptions are made about the dependence and the families of the
0:28:50 > 0:28:56immigrant, being needy, being in need of resources. They are perhaps
0:28:56 > 0:29:02worth considering in some detail. First and foremost, I would content
0:29:02 > 0:29:07that it is only the brightest and the best and the most enterprising
0:29:07 > 0:29:15who ever decide to move, because the logistics of getting oneself from A
0:29:15 > 0:29:22to B, particularly if there are concerns of family, does really
0:29:22 > 0:29:25require good tactics, good knowledge, good diplomacy, all
0:29:25 > 0:29:36levels of dealing with all kinds of officialdom across the border. Also,
0:29:36 > 0:29:41I would suggest that once such refugees arrive here, they have so
0:29:41 > 0:29:49much to give. As I said, both my brother and myself, here the USA and
0:29:49 > 0:29:56I in England, decided to stay in the countries had studied. Therefore,
0:29:56 > 0:29:59after the Iranians revolution, we were both in a position to ask our
0:29:59 > 0:30:06families to come and join us. I don't remember that the time there
0:30:06 > 0:30:09being any problem about as demanding, requiring our families.
0:30:09 > 0:30:16As it happened, one of my brothers did go to the USA, and my father
0:30:16 > 0:30:26decided to go to France. In France, my father was instrumental in
0:30:26 > 0:30:30setting up eight Law faculty in Strasbourg, which made very good
0:30:30 > 0:30:33money for the French government, because a lot of students wanted to
0:30:33 > 0:30:42go there and live there. My brother had a research institute in the USA.
0:30:42 > 0:30:48As my youngest brother who went there as a hedge fund. And the
0:30:48 > 0:30:54Yankees, who stayed in France, owns his own research unit as well. I
0:30:54 > 0:31:01would say there is a wealth of good information about immigration and
0:31:01 > 0:31:11immigrants bring, even if they go as dependents. In addition, once
0:31:11 > 0:31:18immigrants are here, the moral economy of care and dictates to all
0:31:18 > 0:31:24of us that we protect our own therefore when immigrants arrive,
0:31:24 > 0:31:33once they have any connections, beat children or relatives are distant
0:31:33 > 0:31:39relatives, we see it as our duty to care for our own. And if you go to
0:31:39 > 0:31:44somewhere like Bradford, you see how rewarding matters. Not only I think
0:31:44 > 0:31:50that immigrants have contributed considerably to the food industry in
0:31:50 > 0:31:53Britain and the palates of the British, but I also would suggest
0:31:53 > 0:32:00that they bring a whole variety of perspectives and outlooks, which are
0:32:00 > 0:32:05different. And what we need to do in this world is to celebrate
0:32:05 > 0:32:09differences. Differences are enriching, different ways of doing
0:32:09 > 0:32:15things help us to see better, to have wider dimensions. My Lords, it
0:32:15 > 0:32:22is beneficial to us all to celebrate differences. And I think that we can
0:32:22 > 0:32:29rely on the moral economy of care and to be sure that those who arrive
0:32:29 > 0:32:37to join their families would not be a burden to the economy furlong.I
0:32:37 > 0:32:42congratulate my noble friend for bringing forward this short Bill.
0:32:42 > 0:32:46There are three reasons why I stand to support higher and to support the
0:32:46 > 0:32:52Bill. The first is that I remember when I was growing up, one of the
0:32:52 > 0:32:57many senses of pride that I have in our country was that I was aware
0:32:57 > 0:33:01that people had come as refugees, particularly during and after the
0:33:01 > 0:33:09Second World War. They had been welcomed into our country, they have
0:33:09 > 0:33:12made great contributions to the country. That does all positive, but
0:33:12 > 0:33:17it was the sense that this was a welcoming country. A country that
0:33:17 > 0:33:22people from other parts of the world could look to as a place of safety,
0:33:22 > 0:33:28a place that would nourish them and care for them. And that we as a
0:33:28 > 0:33:34people were doing something good and right by providing that kind of
0:33:34 > 0:33:39national home. It seems to me that we have particularly in recent
0:33:39 > 0:33:45years, and for understandable pressures, we have changed the
0:33:45 > 0:33:50attitude. We are pulling up the drawbridge, and instead of being a
0:33:50 > 0:33:56welcoming and open place, that has a reputation for being welcoming, we
0:33:56 > 0:34:01are seen as a place that is hard to get to and that when you do arrive,
0:34:01 > 0:34:09you are no longer welcome. I don't advocate in any way, the kind of
0:34:09 > 0:34:17open doors that Angela Merkel embarked upon, Warmley, but it'll
0:34:17 > 0:34:24advisedly, because it had adverse affects in and also surveys. But I
0:34:24 > 0:34:28do feel that our country is being infected by this turning away from
0:34:28 > 0:34:33the other and turning into ourselves, and losing its reputation
0:34:33 > 0:34:37and something of its soul. And that's the first reason that I
0:34:37 > 0:34:42support this Bill, because it is the sign, it's a symbol, is an
0:34:42 > 0:34:46indication that there is a spirit in this country which is open and
0:34:46 > 0:34:53welcoming to those who need a place to come for safety. The second thing
0:34:53 > 0:34:56is the practical expedient that I have had over a number of years, of
0:34:56 > 0:35:01the splitting up of marriages, because one partner was able to live
0:35:01 > 0:35:07here, and the other could not. Of course, people have said, if they
0:35:07 > 0:35:10really want to live together, the partner who has the right to live
0:35:10 > 0:35:16here, should go elsewhere. Easily said. The most recent example, a
0:35:16 > 0:35:21bright, capable young woman, given recently a contract for a book she
0:35:21 > 0:35:25has written, by Penguin. She's a British citizen and saw her parents.
0:35:25 > 0:35:32She lives here, but she married a young man some years ago, and he
0:35:32 > 0:35:36cannot come here, for a whole series of reasons, to do with our
0:35:36 > 0:35:40regulations and rules. And so she has done that, she has gone to live
0:35:40 > 0:35:47with him. Every time she has gone, she has fallen seriously ill and
0:35:47 > 0:35:51ended up in hospital. She tried again and again, he tried again and
0:35:51 > 0:35:56again. They were unable to get access for him. And so again, she
0:35:56 > 0:36:01did the same thing. She went back out there. I just got an e-mail from
0:36:01 > 0:36:05her to say she was back in hospital and she hadn't been in touch with me
0:36:05 > 0:36:12because she nearly died last week with typhoid malaria. My Lords, the
0:36:12 > 0:36:17truth of the human stories of the splitting up of marriages and
0:36:17 > 0:36:21relationships is a serious one and it is one that we need to regard
0:36:21 > 0:36:28with due care. But the third, my Lords, and the one which moves me
0:36:28 > 0:36:36most, is a situation of the children. One of the things that I
0:36:36 > 0:36:44do is run a little group to provide supervision, advice and guidance for
0:36:44 > 0:36:47younger people, alone, increasingly everyone seems young to me, young
0:36:47 > 0:36:51people working for NGOs and the Foreign Office and other
0:36:51 > 0:36:54organisations where they are experiencing situations of conflict.
0:36:54 > 0:36:59And they are wondering how to manage and how to cope emotionally and how
0:36:59 > 0:37:04to understand the dynamics of what is happening. One of the members of
0:37:04 > 0:37:10the group you came along for a time was a young Syrian lawyer, who had
0:37:10 > 0:37:16spent much of her life working in the Middle East by the UN High
0:37:16 > 0:37:23Commission on Refugees. Of course, when the situation arose in Greece,
0:37:23 > 0:37:29the UN called upon her to see, can you come, we need everybody we can.
0:37:29 > 0:37:33She went out to Lesbos and every couple of days, I would get
0:37:33 > 0:37:37photographs and e-mails of what was happening there. But after that, the
0:37:37 > 0:37:43situation got worse. As the news got less for us, the news got worse for
0:37:43 > 0:37:48them. First of all, she was asked to come to Athens to work with Greek
0:37:48 > 0:37:53children, because there were so many refugee children no increase at the
0:37:53 > 0:37:57service is good not cope, not only with the incomers, but with Greek
0:37:57 > 0:38:05children. Everything was beginning to break down in another EU country.
0:38:05 > 0:38:09We have a responsibility to those children as EU citizens, as well as
0:38:09 > 0:38:14to those who come in. And then she began to tell me about the hundreds,
0:38:14 > 0:38:20indeed thousands of children who are on the road and two are being used
0:38:20 > 0:38:28and abused must inevitably so. It is almost impossible for them to find a
0:38:28 > 0:38:34way of surviving without ending up in the hands either of organised
0:38:34 > 0:38:40crime or disorganised crime. When I hear people saying, we don't want to
0:38:40 > 0:38:48go down this road, because it will only encourage people to come, I
0:38:48 > 0:38:51understand that concern. But the fact is, they are already coming,
0:38:51 > 0:38:56they already have come. And what we do if we do not provide the
0:38:56 > 0:39:01opportunity for them to live in a family circumstance, is make sure
0:39:01 > 0:39:07that they are built into the life of crime. We are making it impossible
0:39:07 > 0:39:13for them to draw up in normal families of their own. As a
0:39:13 > 0:39:17psychiatrist, I am not naive about families. They are not always
0:39:17 > 0:39:21perfect, but they are a lot better than the reality of the experience
0:39:21 > 0:39:26of these junk people who are already in our country and in our continent.
0:39:26 > 0:39:31And we should not allow ourselves to be pushed away from attending to
0:39:31 > 0:39:36that, with the notion that by passing a piece of legislation, we
0:39:36 > 0:39:40are opening the doors. We're not. We're setting down the rules, but we
0:39:40 > 0:39:45are trying to make sure that those children who are already here are
0:39:45 > 0:39:48not condemned to a life of crime, because it was the only way they
0:39:48 > 0:39:54could survive. That is the responsibility that this Bill is
0:39:54 > 0:40:05trying to address and that is why I give it my full support.
0:40:05 > 0:40:10I am delighted this is a debate about families, which is an apt
0:40:10 > 0:40:22topic as Christmas approaches.I am not speaking of the Nathan Dilly
0:40:22 > 0:40:29nostalgic image of the nuclear family around the table. -- I am not
0:40:29 > 0:40:34speaking about the nostalgic image. I'm speaking about family, our
0:40:34 > 0:40:38country has for so long emphasised the family as perhaps the key
0:40:38 > 0:40:46building block of society. At the present time we seek urgently, for
0:40:46 > 0:40:50social integration, society where shared values and shared culture
0:40:50 > 0:41:08find bind us all into a ethos of mutual dependency. We can only to a
0:41:08 > 0:41:15limited extent educate for this. We have two builder. We have two
0:41:15 > 0:41:19undermine the divisive ideology of individualism by growing networks at
0:41:19 > 0:41:25every level of social reality. About the most effective growing medium
0:41:25 > 0:41:32for this is the age-old one of kinship. That is the family. My
0:41:32 > 0:41:36lords, I have a particular interest in health policy, in which I speak
0:41:36 > 0:41:42for the Church of England. Time and again I see how utterly vital family
0:41:42 > 0:41:49supporters for health, both mental and physical. How loneliness, for
0:41:49 > 0:41:51instance, has certain negative impacts, which have been the focus
0:41:51 > 0:41:56of some very welcome attention during the last year. Into this
0:41:56 > 0:42:01scene comes the reality of refugees, as we have been hearing. Just as the
0:42:01 > 0:42:08holy family where refugees of the first Christmas. Not the least
0:42:08 > 0:42:13tragic of the consequences of war, persecution and civil unrest around
0:42:13 > 0:42:18the world, is the tearing apart of families. Of children from their
0:42:18 > 0:42:25parents, family groups from whom interdependence is an essential
0:42:25 > 0:42:29resource. As they strive for resilience in the face of dreadful
0:42:29 > 0:42:34events and such severe dangers. People arrive in this country and in
0:42:34 > 0:42:39Europe, perhaps coming to the attention of the UNHCR in a conflict
0:42:39 > 0:42:46region. A child may be adrift in a place where he or she is easy prey
0:42:46 > 0:42:51for traffickers. Parents may be worried sick about their child,
0:42:51 > 0:42:57whether under 18 or not. The exact configuration and mutual support
0:42:57 > 0:43:01will vary from family to family, it isn't just a matter of parents and
0:43:01 > 0:43:10their children. My lords, it is very apparent, not just in the season of
0:43:10 > 0:43:14goodwill, that British people are desperately concerned for those
0:43:14 > 0:43:20driven from their homes, and divided from their families. As we heard
0:43:20 > 0:43:28from the noble Lord. Of course, questions about pull factors, the
0:43:28 > 0:43:33possibility of the abuse of the system are valid, we all understand.
0:43:33 > 0:43:37To let them drive the direction of policy is to let the exception
0:43:37 > 0:43:44dictate the rule. And run the risk of driving desperate invulnerable
0:43:44 > 0:43:51refugees into the unscrupulous hands of criminals. Others have a greater
0:43:51 > 0:43:57grasp of the detail of all of this than I do. The barriers which we are
0:43:57 > 0:44:02currently putting up to the reunion of refugee families seem to me to be
0:44:02 > 0:44:08disproportionate to the benefits which could come from individuals,
0:44:08 > 0:44:12and for families, and for communities as we seek to strengthen
0:44:12 > 0:44:19family life. A theme, incidentally, which featured strongly in all three
0:44:19 > 0:44:25of the debates in your lordship's House yesterday on vulnerable
0:44:25 > 0:44:31children and poverty in the right to justice. If stringent checks are
0:44:31 > 0:44:35needed, let us not use that as a means of introducing friction into
0:44:35 > 0:44:40the system, and dissuading people from trying to do the right thing
0:44:40 > 0:44:47for their family. Rather, let us provide information, the support,
0:44:47 > 0:44:54and hopefully the legal aid, which will help them to navigate the
0:44:54 > 0:44:58system. Also, my lords, because every family and every situation are
0:44:58 > 0:45:04different, let us not draw the rules so tightly that truly deserving
0:45:04 > 0:45:09families are disqualified from consideration without any attention
0:45:09 > 0:45:17to natural justice. For example, it is often not fair that relatives
0:45:17 > 0:45:23under 18 at the time of application is disqualified because he or she
0:45:23 > 0:45:32reaches their 18th birthday during a long, drawn-out application process.
0:45:32 > 0:45:36Where we rightly build into our rules discretion for their
0:45:36 > 0:45:40interpretation with some flexibility to allow for special circumstances,
0:45:40 > 0:45:46perhaps we can train and support officials to use that discretion to
0:45:46 > 0:45:53make exceptions not grudgingly, but with an eye towards fairness. My
0:45:53 > 0:46:00lords, although I began with a reference to the Christmas season.
0:46:00 > 0:46:09This is not just something for the season of goodwill. It is a matter
0:46:09 > 0:46:15of our national identity. As a hospitable nation, which strongly
0:46:15 > 0:46:24believes in the values of family. This bill is a natural car really of
0:46:24 > 0:46:32those values and I supported holy.I add my voice to that noble Lord, and
0:46:32 > 0:46:36it is a pleasure to follow the right reverend, I agree with everything he
0:46:36 > 0:46:40has said and everything that has been said in support of this bill. I
0:46:40 > 0:46:44have added my name to speak not through any specialist knowledge,
0:46:44 > 0:46:49but because it is such a good cause, it is both morally right and humane
0:46:49 > 0:46:54to allow refugee families to be United. If one needed economic
0:46:54 > 0:46:59arguments, it is a case that refugee families who have the comfort and
0:46:59 > 0:47:03strength of being together a much better able to look for
0:47:03 > 0:47:06opportunities to be part of and contribute to the country which has
0:47:06 > 0:47:11given them refuge. It is humanity rather than economy which drives
0:47:11 > 0:47:15this bill. My decision to add a brief word was reinforced by having
0:47:15 > 0:47:20the privilege of attending a Parliamentary briefing to which my
0:47:20 > 0:47:27noble friend Baroness Hanham Way has referred, two Syrian refugees shared
0:47:27 > 0:47:31their experiences of traumatic journey to the United Kingdom.
0:47:31 > 0:47:36Determination to seek refuge, and a deep desire to live as a family. It
0:47:36 > 0:47:41was humbling to hear two young people who had to face terrible
0:47:41 > 0:47:45challenges, but came through ideals to speak with clarity and conviction
0:47:45 > 0:47:50about measures which would help them and others like them. As mine noble
0:47:50 > 0:47:54friend has said we used to be an open and welcoming country to those
0:47:54 > 0:47:58in need of sanctuary. We have benefited immensely from the skills
0:47:58 > 0:48:04and dedication of people who came to us in that way. Some of our current
0:48:04 > 0:48:10regulations make us less welcoming. This bill seeks to cut through the
0:48:10 > 0:48:14cost and complexity of reuniting families, and helping us once again
0:48:14 > 0:48:20to show we care about those fleeing persecution. The noble Lord has
0:48:20 > 0:48:24already quoted from the Home Affairs Select Committee. I would repeat
0:48:24 > 0:48:28what they said. The right to live safely with family should apply to
0:48:28 > 0:48:33child refugees, just as it does to adults. The changes proposed by this
0:48:33 > 0:48:38bill would only affect a small number of refugees. It would have an
0:48:38 > 0:48:43immense effect on their lives and prospects. Others have set out
0:48:43 > 0:48:48further reasons why this bill is timely and necessary. As a wealthy
0:48:48 > 0:48:53country, we have a duty to care to those who have little or nothing.
0:48:53 > 0:48:57Bringing families together is a measure we should be taking to give
0:48:57 > 0:49:01them hope and a brighter future. I do hope the government will look
0:49:01 > 0:49:06favourably on the measures here, I appreciate the bill's intentions.
0:49:06 > 0:49:10And the beneficial effect it could have on young people in great need,
0:49:10 > 0:49:17and will be able to added support. I look forward to the Ministerreply.
0:49:17 > 0:49:25My lords, I am very pleased to rise in support of my noble friend 's'
0:49:25 > 0:49:28bill. And in agreement with everything that has been said so
0:49:28 > 0:49:35far. -- my noble friend's bill. I want to support the bill on the
0:49:35 > 0:49:39basis of certain principles. Firstly continuity and can variability with
0:49:39 > 0:49:45Alec existing EU responsibilities. Secondly humanity. Thirdly
0:49:45 > 0:49:56rationality. -- continuity and compatibility. Firstly continuity
0:49:56 > 0:50:00with EU law in unbearable situations. Requiring examination
0:50:00 > 0:50:06family reunion. The free movement directive, on all our lips these
0:50:06 > 0:50:13days. Referring to the spouse, registered partner, direct
0:50:13 > 0:50:20descendants, U21, or dependent, dependent of direct relatives in the
0:50:20 > 0:50:25ascending line. This is reflected on the citizens rights provision of the
0:50:25 > 0:50:31divorce agreement. Reached last Friday, and hopefully endorsed by
0:50:31 > 0:50:39the European Council. Today, my noble friend, referred to the Dublin
0:50:39 > 0:50:44regulation, known as Dublin three, shortly to become Dublin four. A
0:50:44 > 0:50:50different situation, it is about grouping a family for the
0:50:50 > 0:51:00examination of applications. It is a parallel situation. That puts great
0:51:00 > 0:51:04stress on the best interests of the child, being a primary
0:51:04 > 0:51:10consideration. Stressing how children should not be separated on
0:51:10 > 0:51:17family members. Member states even have an obligation to trace family
0:51:17 > 0:51:25members, including siblings and other relatives. Bringing asylum
0:51:25 > 0:51:31applications together. In the other place, a Conservative member, Tim
0:51:31 > 0:51:35Lowton, sort, with cross-party support from Tim Farron and even
0:51:35 > 0:51:40keeper to persuade the government to continue if we Brexit, the essence
0:51:40 > 0:51:44of the Dublin regulation. Which, as he said, allows asylum seeking
0:51:44 > 0:51:48children to be reunited with adult siblings, grandparents, aunts and
0:51:48 > 0:51:54uncles, as well as parents. He highlighted our four children you
0:51:54 > 0:51:59lost their parents, the last vestiges of family connection were
0:51:59 > 0:52:05with siblings, aunts and uncles. The only available bit of stability and
0:52:05 > 0:52:14continuity with their previous existence in places like Syria. The
0:52:14 > 0:52:20family reunification directive, which the government did not opt
0:52:20 > 0:52:24into in 2003, also has a much wider definition than we have in the
0:52:24 > 0:52:29immigration laws of family rededication. It is noteworthy,
0:52:29 > 0:52:35although Ireland not opt in to the Director, it says enshrines the
0:52:35 > 0:52:40right for unaccompanied refugees to act as sponsors for family
0:52:40 > 0:52:44reunification in their own domestic law. My second principle is
0:52:44 > 0:52:49humanity. One are the guiding principles of the regulation of the
0:52:49 > 0:52:55Dublin regulation I mentioned, is that when the applicant is an
0:52:55 > 0:53:01unaccompanied Minor, the presence of a family member or relative in a
0:53:01 > 0:53:05member state, who can take care of him and hers should be a binding
0:53:05 > 0:53:12responsibility criteria. That is how important that is she all family
0:53:12 > 0:53:20support is taken. In assessing the best interests, the child member
0:53:20 > 0:53:25states will take into account the family rededication possibilities,
0:53:25 > 0:53:31the minor's well-being and social development. The safety and
0:53:31 > 0:53:35security, in particular, where there is a risk of the minor being a risk
0:53:35 > 0:53:39of human trafficking. It also mentions the views of a minor should
0:53:39 > 0:53:49be taken into account. The 2000 free movement directive cites as an
0:53:49 > 0:53:55inspiration to the ferry reunion qualifications, the right to freedom
0:53:55 > 0:53:59and dignity. Not just of administrative issue, they talk
0:53:59 > 0:54:04about maintaining the unity of the family in a broader sense. My noble
0:54:04 > 0:54:09friend, referring to our moral obligations, the recognition of the
0:54:09 > 0:54:15importance of family in our culture, really place dilly mecca places that
0:54:15 > 0:54:19centre stage. It has begun a cliche that politicians of a certain
0:54:19 > 0:54:26persuasion, often of the party governing invoke family values, my
0:54:26 > 0:54:29friend and Lord had excited the Conservative Party manifesto. It is
0:54:29 > 0:54:36a time
0:54:36 > 0:54:41My third principle is rationality. It makes sense, on the grounds of
0:54:41 > 0:54:47public policy, being reunited with close family is the way to ensure
0:54:47 > 0:54:51welfare and safety of child refugees and improves their chances of
0:54:51 > 0:54:58integration and recovery. Integration promotes economic and
0:54:58 > 0:55:06social cohesion, as my noble friend mentioned. The splitting up of
0:55:06 > 0:55:11families and relationships is costly for our society and our economy, if
0:55:11 > 0:55:17we are going to that level, as well as being terribly costly for the
0:55:17 > 0:55:25people concerned. There was an article in the D'Argent newspaper
0:55:25 > 0:55:32last week about a young man, a teenager from Afghanistan. His
0:55:32 > 0:55:35asylum application was initially refused, because it was not believed
0:55:35 > 0:55:40he was under the teen or he was from Afghanistan. Anyway, he won his
0:55:40 > 0:55:45appeal, but he still has no contact with his mother or two brothers. He
0:55:45 > 0:55:50is trying to get to college, but how much better he would thrive in our
0:55:50 > 0:55:59society and contribute in the way honourable members, noble Lords,
0:55:59 > 0:56:06have mentioned, as indeed the noble lady barrenness. The contribution
0:56:06 > 0:56:15and the resourcefulness that refugees contribute to ours. So
0:56:15 > 0:56:22there was updated guidance from the Home Office in 2016, but it is, as
0:56:22 > 0:56:26my noble friend mentioned, such cases of discretion will be rare,
0:56:26 > 0:56:31and without legal aid, making an application outside the rules is
0:56:31 > 0:56:42very difficult, due to the complex rules. My Lords, separation of
0:56:42 > 0:56:47families can have a devastating impact on people's lives, their
0:56:47 > 0:56:56rehabilitation and their ability to integrate and adapts to our country.
0:56:56 > 0:57:01And the bureaucratic hurdles and the report from the home affairs
0:57:01 > 0:57:04committee in the other place has already been mentioned, stresses the
0:57:04 > 0:57:13bureaucratic difficulty of the sponsorship and Visa system at the
0:57:13 > 0:57:20moment. The government should be doing all they can to help people in
0:57:20 > 0:57:24these circumstances, not hindering their chance to reach safety. It
0:57:24 > 0:57:27also recommended the government should amend the immigration bill to
0:57:27 > 0:57:32allow refugee children to act as sponsors for the close families. On
0:57:32 > 0:57:38the grounds of all those principles, but including the last one, it makes
0:57:38 > 0:57:46no sense, and it is as costly in social and economic terms for us to
0:57:46 > 0:57:49leave families divided. They will be in the best position to start a new
0:57:49 > 0:57:54life in the UK and contributes, as so many have done magnificently, if
0:57:54 > 0:58:03they have the support of their family around them.I need to
0:58:03 > 0:58:07declare an interest, as a trustee of the refugee Council, which for some
0:58:07 > 0:58:1625 years has tried to help about 1000 unaccompanied children each
0:58:16 > 0:58:22year navigate our complex processes. I pay tribute to the work that the
0:58:22 > 0:58:27noble Lord did at the Refugee Council for many years. It still
0:58:27 > 0:58:34goes from strength to strength, as indeed does he. I want to speak
0:58:34 > 0:58:39about the problem of unaccompanied children and the alleged pull
0:58:39 > 0:58:46factor. Until I joined the Refugee Council, I was not aware of the
0:58:46 > 0:58:50cruel anomaly, that unlike an adult refugee, who has the right to bring
0:58:50 > 0:58:56in close family members, a refugee child, here on his or her own, has
0:58:56 > 0:59:03no such right to be reunited. That seems to me to be both illogical and
0:59:03 > 0:59:12inhumane. It certainly, as the Baroness said, is out of line with
0:59:12 > 0:59:23European practice. Those countries who, unlike us, were not opted out,
0:59:23 > 0:59:30those countries who are applying the 2003 directive on family reunion,
0:59:30 > 0:59:33they do allow unaccompanied child refugees to bring in their families
0:59:33 > 0:59:40subsequently. As the Baroness said, we, and the Irish, who opted out, or
0:59:40 > 0:59:46rather, we didn't opt in, we are in a different position, and the Irish
0:59:46 > 0:59:51and in a different position from us, because they have the humility to
0:59:51 > 0:59:55apply the system in their own domestic law. It is written into
0:59:55 > 1:00:04Irish law. What is being suggested is that we should write it into our
1:00:04 > 1:00:07domestic law, following the Irish and the rest of the European Union.
1:00:07 > 1:00:13It is a little shaming, I think, that we are the odd man out. The
1:00:13 > 1:00:17number of people who would benefit if we corrected the anomaly is very
1:00:17 > 1:00:22small, but the benefit to each individual would be very large. Let
1:00:22 > 1:00:27me cite just one example. The Refugee Council are currently trying
1:00:27 > 1:00:33to help a 19-year-old from Eritrea, Solomon, who came here as an
1:00:33 > 1:00:37unaccompanied child, has been granted refugee status, as a job,
1:00:37 > 1:00:43goes to college and wants to bring in his 16-year-old sister, who is
1:00:43 > 1:00:48now in the refugee camp in northern Ethiopia. He has just been told that
1:00:48 > 1:00:52he cannot. He has been in the camp himself in the past and knows how
1:00:52 > 1:00:56grim the conditions there are, he knows his sister is in mortal
1:00:56 > 1:01:02danger. She is talking of trying her luck on the perilous illegal passage
1:01:02 > 1:01:07across the Sahara, across the Mediterranean. He fears she will die
1:01:07 > 1:01:13and he blames himself for failing to persuade us to save her. But it is
1:01:13 > 1:01:18we who are failing these young people. It is we who are failing to
1:01:18 > 1:01:22show the common humanity, to live up to the standards of the society we
1:01:22 > 1:01:31like to think we are. Following the second reading debate on what became
1:01:31 > 1:01:37the Immigration Act 2016, Lord Bates, for whom I have a very high
1:01:37 > 1:01:43regard, wrote to those of us taking part in the debate and asserted that
1:01:43 > 1:01:46to permit refugee children here to sponsor requests from their parents
1:01:46 > 1:01:52and siblings to join them, I caught, could result in children being
1:01:52 > 1:01:58encouraged or even forced to leave existing family units in their
1:01:58 > 1:02:02country and risk hazardous journeys to the UK, in order to act as
1:02:02 > 1:02:09sponsors. This is the pull factor theory. And with respect, it is
1:02:09 > 1:02:14totally lacking in evidential credibility or plausibility, and
1:02:14 > 1:02:20does not reflect well on the government. Mr Justice McCluskey,
1:02:20 > 1:02:23overturning in the upper chamber the refusal of the application by a
1:02:23 > 1:02:2919-year-old granted refugee status to bring his mother to join him,
1:02:29 > 1:02:35ruled that there is no evidence underlying it, it being the cool
1:02:35 > 1:02:41factor. It is inherently implausible. Families living in hand
1:02:41 > 1:02:48to mouth existence in the squalor of the refugee camp in Ethiopia,
1:02:48 > 1:02:51Eritrea, Jordan, Libya, is implausible to suggest that they sit
1:02:51 > 1:02:58down at the dinner table and make a cold calculation, coming up with the
1:02:58 > 1:03:04cunning, multi-year plan, to send one of the children through bandits
1:03:04 > 1:03:10and traffickers, across deserts and ocean, in the hope of reaching our
1:03:10 > 1:03:16lands, navigating our system and securing a right, if the Bill
1:03:16 > 1:03:21passes, to bring in the rest of the family. The world is not like that.
1:03:21 > 1:03:27This is a strange, sick, Swifty in joke, not worthy of the modest
1:03:27 > 1:03:37proposal. Parents do not send the children of. The children and adults
1:03:37 > 1:03:41are not driven by a pull factor, they are driven by a push factor.
1:03:41 > 1:03:45They are fleeing from conditions which are intolerable. They are
1:03:45 > 1:03:52fleeing for their lives. If the Minister has been briefed to warn us
1:03:52 > 1:03:57against the perils of the pull factor, in relation to unaccompanied
1:03:57 > 1:04:02children, I really hope she will not. I think she should go back to
1:04:02 > 1:04:06the Home Office and ask her officials how often they have been
1:04:06 > 1:04:10to the camps and how many of these cruel parents they have spotted in
1:04:10 > 1:04:19the camps. Plotting to force the child to come here. And she might
1:04:19 > 1:04:27ask her officials why their colleagues in all other EU capitals
1:04:27 > 1:04:32currently have not spotted these cruel, Carlos, Swifty and parents.
1:04:32 > 1:04:42And why does the UN Committee On The Rights Of The Child now urge the UK
1:04:42 > 1:04:46to review its asylum policy in order to facilitate family reunion for
1:04:46 > 1:04:52unaccompanied and separated refugee children. Why is the whole regiment
1:04:52 > 1:04:59out of step, except us? Why do we know better than everybody else? Why
1:04:59 > 1:05:09does the pull factor only apply to this Emerald Isle. The best way of
1:05:09 > 1:05:17convincing your Lordships would be for us all to see the striking new
1:05:17 > 1:05:25film Human Flow. Moving with, it captures the scale and misery of the
1:05:25 > 1:05:29human loss of current refugee crises. The despair of their broken
1:05:29 > 1:05:36societies. Against this huge canvas of human tragedy, this Bill is a
1:05:36 > 1:05:40pitifully small thing, but passing it would be the right thing, the
1:05:40 > 1:05:47decent thing to do. I support it.I thought it was rather sad that
1:05:47 > 1:05:52nobody from the side of the house was taking part. I would like
1:05:52 > 1:05:57briefly to give my support to the general principles of the Bill. I am
1:05:57 > 1:06:06so glad that the noble Lord mentioned Jonathan Swift's modest
1:06:06 > 1:06:09proposal. My Lords, if you haven't read it and you don't read anything
1:06:09 > 1:06:14else during the Christmas recess, look it up. It won't take you long
1:06:14 > 1:06:19and is the most wonderful, area guide, witty, scintillating
1:06:19 > 1:06:24indictment of nonsense that you will ever read. My Lords, I just wanted
1:06:24 > 1:06:33to contribute to this debate for three reasons. In 1945, I remember
1:06:33 > 1:06:39we had, in our own small home, a couple of Polish children, roughly
1:06:39 > 1:06:46of my own age, sex or thereabouts. They came from a camp in
1:06:46 > 1:06:50Lincolnshire, not very far from Grimsby, will be left, on 23
1:06:50 > 1:06:55separate occasions to spend the day. And my father was on the point of
1:06:55 > 1:07:01making an application to see if we could adopt at least one of them,
1:07:01 > 1:07:05when mercifully, they were reunited with their family. And the joy, I
1:07:05 > 1:07:14can still remember. And then, when I came into the other place, in 1970,
1:07:14 > 1:07:23I had not been long way when I was very proud to support Edward Heath's
1:07:23 > 1:07:30welcoming of the Ugandan Asians. And like Jewish people before the last
1:07:30 > 1:07:36war, and those who like the noble Lord came with the Kenned transport,
1:07:36 > 1:07:44that influx in enriched our society. We even have at least one of them
1:07:44 > 1:07:57among our number in the house. And then again, I remember, as chairman
1:07:57 > 1:08:03of the campaign for the release of Soviet jury, helping to welcome in
1:08:03 > 1:08:06Vienna those who got their visas to get out of the Soviet Union and the
1:08:06 > 1:08:12repressive conditions there, and come to the west. My Lords, we are
1:08:12 > 1:08:18moving towards Brexit. I acknowledge it, much as I regret it. But the one
1:08:18 > 1:08:26thing we must not move towards is an isolationist position in the
1:08:26 > 1:08:33continent of Europe. We must remain a leading nation. We are a leading
1:08:33 > 1:08:39nation with the proud history, welcoming those fleeing from
1:08:39 > 1:08:44persecution. Of course we have got to be careful as to how we fit
1:08:44 > 1:08:51people in this age of terrorism and so on. But earlier this year, when I
1:08:51 > 1:08:57was on the home affairs sub committee, before I was sacked for
1:08:57 > 1:09:02voting as I did in the Article 50 Bill, we had a group of children who
1:09:02 > 1:09:11came before us and he gave testimony to us. Any private session. My
1:09:11 > 1:09:19Lords, it was deeply moving. And this country, with its proud record
1:09:19 > 1:09:27going back centuries, welcoming the Huguenots in the 17th century and so
1:09:27 > 1:09:33on, this country has a role which it must not abandon. My Lords, the
1:09:33 > 1:09:41family unit is the building block of any society. And if we can help, to
1:09:41 > 1:09:51have some family units from those countries which are riven by famine
1:09:51 > 1:09:58and a civil war and strife, we will be living up to our proud history,
1:09:58 > 1:10:03and if this Bill helps us to do so, it deserves our full and unreserved
1:10:03 > 1:10:10support.
1:10:10 > 1:10:17Mac and mend my noble lord for bringing this Bill to the House.
1:10:17 > 1:10:19Fighting for asylum seekers and refugees coming to the UK has been
1:10:19 > 1:10:25something she has been long involving. To date we are powerful
1:10:25 > 1:10:30arguments on all sides of the house. I thank the noble Lord for his
1:10:30 > 1:10:33speech which allows me to say all sides of the house. We have heard
1:10:33 > 1:10:37had devastating it is for families to be separated from close family
1:10:37 > 1:10:43members. The desperate measures some are forced to take to escape the
1:10:43 > 1:10:54situation they find themselves in. We know this government, and my
1:10:54 > 1:10:59noble friends that the government places great store on family values.
1:10:59 > 1:11:04I hope they will give serious consideration to the measured asks
1:11:04 > 1:11:10in this bill. There are two reasons I particularly wanted to speak in
1:11:10 > 1:11:14this debate. The first one is one of the hardest things I have had to
1:11:14 > 1:11:18listen to is a mother describing having to make the choice between
1:11:18 > 1:11:23staying in a dangerous situation with young children or fleeing to
1:11:23 > 1:11:29safety with them. The price of safety was to leave behind a young
1:11:29 > 1:11:36daughter. Because our rules say as an over 18-year-old, she is adult
1:11:36 > 1:11:41and old enough to fend for herself. My Lords, I have three children all
1:11:41 > 1:11:48in their early 20s. I would utterly disagree with their ability to fend
1:11:48 > 1:11:53for themselves, even in London. The thought of a young girl on her own
1:11:53 > 1:11:57without even the protection of close family in a conflict zone is a
1:11:57 > 1:12:03chilling one. That is a choice parents are being asked to make. The
1:12:03 > 1:12:09second reason is the example of a young person from Eritrea I met in
1:12:09 > 1:12:21the Calais jungle, at this time all alone far from home. He went there
1:12:21 > 1:12:28to joke with his uncle. He and many of those in northern France were
1:12:28 > 1:12:33forced to play refugee roulette, through dangerous and illegal means.
1:12:33 > 1:12:38As the noble Lord said, we're only talking about a very small number of
1:12:38 > 1:12:44children. You are unaccompanied. Alone in northern France and other
1:12:44 > 1:12:50parts of Europe. It would not take much on our parts to fulfil our
1:12:50 > 1:12:59legal obligation, to bring 480 children to the UK. These are only
1:12:59 > 1:13:07two stories. We have heard a few others, all stories of suffering
1:13:07 > 1:13:11that are quite frankly avoidable, and that a small cost to ourselves,
1:13:11 > 1:13:17we could remedy this situation. I don't know exactly what the noble
1:13:17 > 1:13:22lady, the minister was saying, in response to the government. In the
1:13:22 > 1:13:31past, all to often, they have said, and the noble Lord Lord Kerr has
1:13:31 > 1:13:45taken on board the arguments about why they do not give evidence to the
1:13:45 > 1:13:50government the contractors. The assertion it is the easing family
1:13:50 > 1:13:55reunification which will create those factors. Secondly, too often
1:13:55 > 1:14:02the government has said in response to debates on the issues. Those
1:14:02 > 1:14:08factors will encourage more smugglers to operate. Let me first
1:14:08 > 1:14:14addressed the pull factors. Quite frankly this is a figleaf. There is
1:14:14 > 1:14:19not a single shred of evidence for this. I have evidence from my
1:14:19 > 1:14:26position. I would like to hear the evidence from the government for
1:14:26 > 1:14:34theirs. My Lords there is ample correlation between push factors
1:14:34 > 1:14:38such as complex, hateful regimes and famine forcing people to do the
1:14:38 > 1:14:44unthinkable, leaving their homes, communities, with only what they can
1:14:44 > 1:14:48carry. Alexander Betts, head of the refugee studies Centre at the
1:14:48 > 1:14:54University of Oxford says in a new scientist article in September 20
1:14:54 > 1:14:5715th no existing sound research substantiates the political claim
1:14:57 > 1:15:03that giving people asylum in Europe stimulates more flow. In an e-mail
1:15:03 > 1:15:09to me, Professor Ian Golding, head of the Oxford Martin School on
1:15:09 > 1:15:12global challenges says there is no credible evidence for the
1:15:12 > 1:15:18government's claim on pull factors. The simplest argument is that the
1:15:18 > 1:15:22pull factors have not changed, and yet the refugee numbers have
1:15:22 > 1:15:27increased dramatically. The pull factors that are cited for the UK,
1:15:27 > 1:15:33such as higher wages, attraction to the Social Security benefits are
1:15:33 > 1:15:36relatively unchanged over many years. Yet the refugee numbers
1:15:36 > 1:15:41change dramatically. And can be shown to be directly related to the
1:15:41 > 1:15:51push factors. Notably complex in Syria, Afghanistan and elsewhere.
1:15:51 > 1:15:55Can I cite from the Council of Europe report, the fact finder Kiwic
1:15:55 > 1:16:06L commission on migrants in Calais. By the ambassador he says I was told
1:16:06 > 1:16:09by the authorities there was a reluctance to improve conditions,
1:16:09 > 1:16:14because of concerns this would act as a pull factor. Leading more
1:16:14 > 1:16:17migrants to make their way to Calais. It seems clear to me that
1:16:17 > 1:16:23the poor conditions have not acted as a deterrent so far. It raises
1:16:23 > 1:16:32potential issues, and about degrading treatment, and article
1:16:32 > 1:16:35eight, right to respect for family life for the European Convention on
1:16:35 > 1:16:45Human Rights. My Lords, the home affairs subcommittee in its report
1:16:45 > 1:16:51last July, on unaccompanied migrant children, chaired by the Baroness,
1:16:51 > 1:16:56said we receive no evidence of families sending children as anchors
1:16:56 > 1:17:01following the fermentation of the family reunification directive,
1:17:01 > 1:17:08directed by other member states. We were also told that in some cases
1:17:08 > 1:17:15unaccompanied children in the UK declined to take advantage of
1:17:15 > 1:17:18tracing and the reunification procedures, even when these were
1:17:18 > 1:17:24offered. Kent County Council wrote that the Red Cross is used to trace
1:17:24 > 1:17:30family living abroad, although our experience is that there is limited
1:17:30 > 1:17:35take-up of this service from young people. This is not surprising as
1:17:35 > 1:17:39many unaccompanied migrant children fear attempts to trace family
1:17:39 > 1:17:42members living in their countries of origin could put those family
1:17:42 > 1:17:51members in danger. There you have it, my lord. Pull factors, whether
1:17:51 > 1:17:54through improving humanitarian conditions, or easing Family Reunion
1:17:54 > 1:18:00rules, will not cause people to pack up their lives in a backpack, and
1:18:00 > 1:18:03risk an extremely hazardous journey, to come to the UK. To do that, they
1:18:03 > 1:18:12have to be pushed and pushed hard. This was a quick mention on
1:18:12 > 1:18:17smugglers. Do the rules currently existing keep refugees out of the
1:18:17 > 1:18:21clutches of ruthless people smugglers? The government is correct
1:18:21 > 1:18:28in saying smugglers are real to refugees. In fact, even authorities
1:18:28 > 1:18:33in Europe, with all their many resources, cannot deal with the
1:18:33 > 1:18:38smugglers, currently operating in Europe. Valuable refugees fear them
1:18:38 > 1:18:44even more. The fact of the matter is, the fewer safe and legal routes
1:18:44 > 1:18:52there are to process asylum seekers, the more power the smugglers have.
1:18:52 > 1:18:56The human trafficking foundation's independent enquiry in July of this
1:18:56 > 1:19:04year, co-chaired by Fiona McTaggart, and Baroness Butler-Sloss found no
1:19:04 > 1:19:09evidence whatsoever that by creating a safe and legal route to safety in
1:19:09 > 1:19:17the UK, you create a pull factor, for traffickers targeting vulnerable
1:19:17 > 1:19:21children in fact, it found the opposite. By closing off such
1:19:21 > 1:19:28routes, it feeds the trafficking and smuggling networks. The prices to
1:19:28 > 1:19:33get to the UK illegally go up forcing children into situations
1:19:33 > 1:19:39when they are exposed to exploitation, sexual, or criminal,
1:19:39 > 1:19:45or labour. Or maybe a combination of all three. The simple truth coming
1:19:45 > 1:19:51out of the enquiry, instead of protecting children who have fled to
1:19:51 > 1:19:55Europe for safety. The government is failing them, leaving the way open
1:19:55 > 1:20:01for smugglers and traffickers to exploit them. My Lords, as a number
1:20:01 > 1:20:05of noble Lords in the House have said, it comes down to what kind of
1:20:05 > 1:20:12Britain do we want to live in. An open and welcoming country, those
1:20:12 > 1:20:21seeking sanctuary, or a close one. It is time to stop flouting our
1:20:21 > 1:20:25duties, to some of the most unfortunate people on the planet.
1:20:25 > 1:20:29And step up to the mark as decent human beings. Pulling our weight on
1:20:29 > 1:20:42the international stage.My Lords I congratulate the noble lady,
1:20:42 > 1:20:49Baroness Hanham Way on her bill. The purpose of which, to provide lead,
1:20:49 > 1:20:53or remained in the United Kingdom, for the family members of refugees.
1:20:53 > 1:20:56And to refugees you are family members of British citizens. In her
1:20:56 > 1:21:02opening speech, the noble lady, Baroness Hanham Way explained the
1:21:02 > 1:21:07purpose behind the provisions of the Bill, including the extension of the
1:21:07 > 1:21:12list of eligible family members who can be sponsored in an application.
1:21:12 > 1:21:16Humanitarian status of protection. The bill also provides for the
1:21:16 > 1:21:21reinstatement for the provision of legal aid, in respect to Family
1:21:21 > 1:21:27Reunion cases, which can be complex, and the process itself, lengthy. The
1:21:27 > 1:21:32current position under our immigration rules, individuals
1:21:32 > 1:21:36making an asylum application may only include in that application a
1:21:36 > 1:21:39spouse or partner, married partner or children under the age of 18.
1:21:39 > 1:21:42With the pendant is being granted leave to enter or remain in the UK
1:21:42 > 1:21:48for the same generation as a sponsor if the printable application is
1:21:48 > 1:21:53granted. Child asylum seekers in this country are not legal to
1:21:53 > 1:22:04sponsored Jilly Macca -- sponsor carer or parent to join. The
1:22:04 > 1:22:10significant impact this could have, and addressing the issue of
1:22:10 > 1:22:13vulnerability of unaccompanied children. The exploitation many of
1:22:13 > 1:22:18them experience. 18 months ago, the House of Commons home affairs
1:22:18 > 1:22:21committee issued a report which amongst other things called on the
1:22:21 > 1:22:27government to amend immigration laws allow refugees to act as sponsors
1:22:27 > 1:22:33for close family. The committee argued, as my noble friend Lord Dubs
1:22:33 > 1:22:39said, it was the first children granted refugee status in UK are not
1:22:39 > 1:22:43allowed to bring close family to join them. The same when adult would
1:22:43 > 1:22:48be able to do. The right to live safely with family should apply to
1:22:48 > 1:22:56refugees as it does to adults. Ship that the are are family reunion
1:22:56 > 1:22:59policy met our international obligations. Saying there was
1:22:59 > 1:23:04permission to grant a visa, which could be used in respect of extended
1:23:04 > 1:23:08family members. Including parents and children, recognised as refugees
1:23:08 > 1:23:15here in exceptional circumstances. However we are one of only two EU
1:23:15 > 1:23:19countries who have even adopted, or opted into the EU directive on
1:23:19 > 1:23:25Family Reunion, which sets out unaccompanied child refugees are
1:23:25 > 1:23:29entitled to be reunited with family members. Or alternatively providing
1:23:29 > 1:23:36for this in domestic law. Could the noble lady or the minister, when she
1:23:36 > 1:23:40responds to provide information on the number of visas granted outside
1:23:40 > 1:23:45of the rules in exceptional circumstances since July 2016 when
1:23:45 > 1:23:53updated guidance was published. And the number of which were, in respect
1:23:53 > 1:23:56of children and refugees recognised here. Could the noble lady or the
1:23:56 > 1:24:06Minister provide this guidance outside the rules in exceptional
1:24:06 > 1:24:10circumstances, and how the terms differ, in respect to relatives
1:24:10 > 1:24:16joining in the UK relative to the applicable rules. I hope the
1:24:16 > 1:24:19government will feel able to give a supportive response to this bill.
1:24:19 > 1:24:25Even know that would be contrary to their approach to date. If the
1:24:25 > 1:24:29government do not intend to be helpful, and I'm conscious in the
1:24:29 > 1:24:34way they failed to deliver on the spirit of the Dubs Amendment. The
1:24:34 > 1:24:38least they can do is allow the reasons in some detail, and the hard
1:24:38 > 1:24:42evidence to support those reasons. Bearing in mind the devastating
1:24:42 > 1:24:47impact both short and long term, about which we heard to date, that
1:24:47 > 1:24:50family separation can have on those affected. Not least on children and
1:24:50 > 1:24:56young people.
1:24:56 > 1:24:59What impact on the net migration figures does the Government think
1:24:59 > 1:25:04that this bill would have? What is their hard evidence to support this
1:25:04 > 1:25:09conclusion. I asked that in the context that the figure has fallen
1:25:09 > 1:25:13remarkably recently, following the decision to withdraw from the
1:25:13 > 1:25:17European Union and the hostile climates that that provoked. Also,
1:25:17 > 1:25:22in the context that the Government does not apply existing EU rules, as
1:25:22 > 1:25:29firmly as its code within those rules. As some other EU countries
1:25:29 > 1:25:34do. Indeed, the Government does not even know what the impact is on the
1:25:34 > 1:25:38net migration figures is not applying these EU rules as firmly as
1:25:38 > 1:25:43it could. I also asked the question in the context that we have only
1:25:43 > 1:25:48found out recently that the Government, to put it politely, have
1:25:48 > 1:25:56been working and Amis apprehends Asian on the numbers -- working on a
1:25:56 > 1:25:59misapprehension about the numbers of students who stay on after studying.
1:25:59 > 1:26:04I also ask in the context that the Government has no idea of the number
1:26:04 > 1:26:08of people in this country illegally, and focuses only on making it harder
1:26:08 > 1:26:13for this unknown number of people to live in this country illegally.
1:26:13 > 1:26:18Finally, I asked the question about the Government's estimate of the
1:26:18 > 1:26:23impact on the net migration figure of this bill. In the context that
1:26:23 > 1:26:26the Government has had control over the size of the net migration figure
1:26:26 > 1:26:33for people from outside the U, and have had no issues since 2010,
1:26:33 > 1:26:37that's net migration figure being consistently way above the
1:26:37 > 1:26:43Government's claimed target figure of total net migration figure being
1:26:43 > 1:26:48of the tens of thousands, this contradiction no doubt being the
1:26:48 > 1:26:52case, no doubt because what ever has been publicly declared, the
1:26:52 > 1:26:55Government knows only too well be benefits to this country that
1:26:55 > 1:27:02immigrants have brought and continue to bring. So, I hope in the light of
1:27:02 > 1:27:07all these factors, that the Government is not going to try and
1:27:07 > 1:27:12argue and imply that we do not have the capacity to take into our
1:27:12 > 1:27:17country the additional people under humanitarian and family reunion
1:27:17 > 1:27:21principles that might come here under the provisions of this bill,
1:27:21 > 1:27:23unless the Government is going to provide hard evidence that the
1:27:23 > 1:27:31figure could be well above what might be anticipated. In total
1:27:31 > 1:27:35contrary to the Government's overall approach to net migration, which in
1:27:35 > 1:27:42reality has been so somewhat different from the public impression
1:27:42 > 1:27:47it seeks to give, for electoral purposes, that its policy is to
1:27:47 > 1:27:58bring that figure into the tens of thousands, as a matter of priority.
1:27:58 > 1:28:04My Lords, may I first thank the noble lady for raising this very
1:28:04 > 1:28:11important issue that we often discussed in the Lordship's house,
1:28:11 > 1:28:17and my Lords, could I just state upfront, I think it would be useful,
1:28:17 > 1:28:24and this is particularly in response to the noble lord and Lady, my noble
1:28:24 > 1:28:30friend, that I would totally agree that immigration, and I say this as
1:28:30 > 1:28:35an immigrant, has enriched the UK, and particularly, for refugees who
1:28:35 > 1:28:43have made the UK their home, since 2010, my Lords, we have granted more
1:28:43 > 1:28:50than 100,000 refugees have permanent residence in the UK. In the year
1:28:50 > 1:28:55ending 2017, it was 9000 children, found such shelter, security and
1:28:55 > 1:29:03safety in the UK. 49,000 since 2010, and we are committed to resettling
1:29:03 > 1:29:08up to 3000 honourable children, together with their families from
1:29:08 > 1:29:16the Middle East and North Africa region, and 20,000 by 2020. Around
1:29:16 > 1:29:23half of whom, will be children. That is the facts to date. In addition,
1:29:23 > 1:29:32in comparison to the EU, my Lords, I think we can stand proud, because,
1:29:32 > 1:29:36in 2016, the UK resettled more refugees, that adult and children,
1:29:36 > 1:29:43than any other EU member state. And, over a third of all resettlement of
1:29:43 > 1:29:49the EU, was to the UK. We are a welcoming country, and we remain a
1:29:49 > 1:29:57welcoming country. The noble Lord asked how many visas had been issued
1:29:57 > 1:30:06outside of the immigration rules in family reunion cases, I can give him
1:30:06 > 1:30:112015 and 2016 figures, it doesn't 15, we issue 21 visas outside the
1:30:11 > 1:30:20immigration rules, in 2016, we issued 49, and up to September 2017,
1:30:20 > 1:30:25we have issued 49. My Lords, whether there are exceptional items that
1:30:25 > 1:30:28depend very much on the facts of each case, but may include, for
1:30:28 > 1:30:38example, an adult dependence or someone living in a context conflict
1:30:38 > 1:30:43zone, or a dangerous situation. Since we have published the
1:30:43 > 1:30:49guidance, entry clearance officers have provided a increased number of
1:30:49 > 1:31:02applicants outside of the age. Outside -- outside of the rules. My
1:31:02 > 1:31:10noble friend, Lord made the important point that we must not
1:31:10 > 1:31:14turn inwards. Britain has always been an outward looking country, and
1:31:14 > 1:31:18we will remain so on leaving the European Union. We will continue to
1:31:18 > 1:31:22uphold our international obligations, and welcome refugees to
1:31:22 > 1:31:28our shores as he sides we have done throughout history. But, I have
1:31:28 > 1:31:36listened, my Lords to concerns for the those separated from family
1:31:36 > 1:31:40members by conflict or repression, and no one, but no one could fail to
1:31:40 > 1:31:46be moved by the thought of close family living in conflict zones, or
1:31:46 > 1:31:49dangerous situations. That is why this Government only supports the
1:31:49 > 1:31:55principle of family unity, as we have already got a proper heads of
1:31:55 > 1:32:02framework for family members to be realised. This is set out in
1:32:02 > 1:32:07immigration rules, and our family union policy, rather than primary
1:32:07 > 1:32:18lesson legislation.
1:32:18 > 1:32:21In my Lords, there is already in place for extended family of
1:32:21 > 1:32:26refugees in the UK to support children where there are serious and
1:32:26 > 1:32:29compelling circumstances, and for British citizens to bring family
1:32:29 > 1:32:35here, so that there is no need for children, in particular, to make the
1:32:35 > 1:32:39illegal and Ginger 's journeys to get to the UK. -- dangerous
1:32:39 > 1:32:56journeys. The noble Lords and the noble Baroness, talked about people
1:32:56 > 1:33:00factor, and the Government not having evidence of that pull factor.
1:33:00 > 1:33:07I absolutely accept, that there rather push factors, and it
1:33:07 > 1:33:12important that we don't create further incentives for asylum
1:33:12 > 1:33:17seekers to choose to come here, illegally, rather than claim asylum
1:33:17 > 1:33:22from the first country that they reach. I think it is important to
1:33:22 > 1:33:28note that the Bush factor of civil war, or persecution, is the deciding
1:33:28 > 1:33:32factor of whether or not an individual freeze their country, but
1:33:32 > 1:33:37we must do all that we can, to support those in need of protection,
1:33:37 > 1:33:43to claim asylum in the first set country, to avoid these dangerous
1:33:43 > 1:33:48secondary movements, and we know that changes in policy, impact on
1:33:48 > 1:33:55asylum seeker's choices with regards to those secondary movements.
1:33:55 > 1:34:03Germany, for example, in 2015, saw its asylum in teak increased by 155%
1:34:03 > 1:34:13-- intake. More than 5% were from countries in the Balkans, which
1:34:13 > 1:34:18thankfully has not seen conflict for more than 20 years. The noble lady
1:34:18 > 1:34:28talk about us no longer offering DNA tests for family children. There is
1:34:28 > 1:34:31no requirement to provide DNA evidence, or any other particular
1:34:31 > 1:34:38type of evidence, because we recognise that documentary evidence
1:34:38 > 1:34:42might not always be available, particularly in countries where
1:34:42 > 1:34:44there is no administrative authority. We have improved our
1:34:44 > 1:34:49guide to hide light the challenges -- highlight the challenges that
1:34:49 > 1:34:56applicants may face in this regard. My Lords have highlighted the fact
1:34:56 > 1:35:02that family reunion rules only provide for the immediate family,
1:35:02 > 1:35:06but our policy caters for extended family living in precarious or
1:35:06 > 1:35:09dangerous circumstances. There is a provision to grant visas outside of
1:35:09 > 1:35:17the rules, and, in exceptional cases, unpublished guidelines for
1:35:17 > 1:35:25caseworkers makes that clear. The noble lord asked about the British
1:35:25 > 1:35:28citizens former refugees, that they cannot sponsor family members under
1:35:28 > 1:35:36family reunion, but my Lords, most refugees would complete six and
1:35:36 > 1:35:41years leave to remain, before they can apply for citizenship, and they
1:35:41 > 1:35:46can talk to their family members at any point in those six years, but
1:35:46 > 1:35:49the resource provision for British citizens with exceptional
1:35:49 > 1:35:54circumstances, and I can write to him further about this if he wishes.
1:35:54 > 1:35:59But, my Lords, I must be clear that the rules will remain in place after
1:35:59 > 1:36:10our exit from the European Union.
1:36:12 > 1:36:18Dublin does not confer immigration status, simply because an individual
1:36:18 > 1:36:29has a family member in the UK, it is a mechanism for does not --
1:36:29 > 1:36:31mechanism for deciding... Those transferred under Dublin may need to
1:36:31 > 1:36:37leave if they are found not to need protection. Our family reunion rules
1:36:37 > 1:36:41will continue to enable immediate family members to safely reunite
1:36:41 > 1:36:47with their loved ones in the UK, regardless of the country in which
1:36:47 > 1:36:57those family members are. In addition, those recognised as
1:36:57 > 1:37:01refugees, may be able to reunite throughout mandate resettlement
1:37:01 > 1:37:07scheme. Individuals are referred to UK visas and immigration by an HDR,
1:37:07 > 1:37:11where resettlement of the UK is deemed appropriate. We need to
1:37:11 > 1:37:15ensure existing schemes are used to full effect, to benefit family
1:37:15 > 1:37:22members living in regions of conflict, and for this, we rely on
1:37:22 > 1:37:25UNHCR, referring more people for the settlement under these schemes. My
1:37:25 > 1:37:32Lords, I can assure you, that we are listening to concerns about family
1:37:32 > 1:37:38reunion, and I am discussing with NGOs how we can make improvement, as
1:37:38 > 1:37:43part of our wider strategy? Our starting point, is, is that family
1:37:43 > 1:37:47reunion is a matter for immigration rules and policy, rather than
1:37:47 > 1:37:50primary legislation. I believe that those rules already cater for
1:37:50 > 1:37:55certain types of cases, and noble lord are concerned about, and I
1:37:55 > 1:38:00agree entirely that we may need to ensure that the policy is delivered
1:38:00 > 1:38:17in practice. Noble lady refers to the immigration rules 319 by, for
1:38:17 > 1:38:27unaccompanied children, and we are looking at that rule, whether we
1:38:27 > 1:38:38are, this is being discussed with organisations such as Unicef. The
1:38:38 > 1:38:44noble lord made the point that our policy is perverse, out of step with
1:38:44 > 1:38:49the rest of Europe, my lord our family reunion policy makes our
1:38:49 > 1:38:54international obligations and allows -- meets our international
1:38:54 > 1:38:58obligations and allows thousands of refugees to be reunited with their
1:38:58 > 1:39:02immediate families, and we would regularly review our family reunion
1:39:02 > 1:39:05policy in other member states, and we note that some are seeking to
1:39:05 > 1:39:13impose more stringent requirements. I have already laid out some of the
1:39:13 > 1:39:17figures, but, it is important, that our system does not encourage asylum
1:39:17 > 1:39:27seekers who are arriving in a safe country to elsewhere. We must
1:39:27 > 1:39:29undermine the movement from six countries would undermine to help
1:39:29 > 1:39:38those most in need. Both noble lord is talked about reinstating legal
1:39:38 > 1:39:43aid, in family reunion cases, my Lords, we are committed to providing
1:39:43 > 1:39:46clear guidance and application forms to support customers through the
1:39:46 > 1:39:51family reunion process, and, again we are working closely with key
1:39:51 > 1:40:00partners such as the Red Cross and Unicef, to further improve the
1:40:00 > 1:40:04process for action considering family reunion applications, so that
1:40:04 > 1:40:08people understand what is expected of them, and to ensure that policy
1:40:08 > 1:40:16works in practice, --. My Lords, legal aid is paid for by taxpayers,
1:40:16 > 1:40:20and the resources, as noble lord are not limitless, so it is important
1:40:20 > 1:40:24that it is provided for those most in need, including those who claim
1:40:24 > 1:40:30asylum.
1:40:30 > 1:40:35I believe that our focus remains on those who need protection and those
1:40:35 > 1:40:42who are fleeing conflict. I am aware of the importance of those
1:40:42 > 1:40:47recognised as refugees in the UK of having their family joined them pay
1:40:47 > 1:40:51to support their integration. That is why our policy allows immediate
1:40:51 > 1:40:55family to come here, whether they need protection in their own right
1:40:55 > 1:41:01or not. More importantly, this government significant resettlement
1:41:01 > 1:41:06commitments are designed to keep families together. It is worth
1:41:06 > 1:41:10reflecting on the contribution that the government has made to support
1:41:10 > 1:41:14those fleeing conflict and oppression. I have laid out some of
1:41:14 > 1:41:18the figures earlier, but we have expanded our resettlement
1:41:18 > 1:41:25commitments to raise resettle over... In addition, we have
1:41:25 > 1:41:27committed 2.46 billion of humanitarian aid to the Syrian
1:41:27 > 1:41:35conflict. My lords, in conclusion, I think we already have a
1:41:35 > 1:41:38comprehensive framework to provide safe and legal routes for family to
1:41:38 > 1:41:44reunite hair. Instead of primary legislation, we must ensure that our
1:41:44 > 1:41:48existing family reunion policy is delivered in practice. That is one
1:41:48 > 1:41:55of the points the noble lady Conway made right at the outset. Including
1:41:55 > 1:41:59visas granted outside the rules and in exceptional circumstances. And
1:41:59 > 1:42:05that our resettlement schemes are used to affect so we can help those
1:42:05 > 1:42:11who need it most. May I thank the noble lady and could ask her to
1:42:11 > 1:42:15continue to work with the government deceit if there are any other ways
1:42:15 > 1:42:22in which we can build on the family reunion policy. And process with out
1:42:22 > 1:42:30the need for primary legislation.My lords, I would like to thank
1:42:30 > 1:42:35everybody supported this bill. I would like to thank the Minister not
1:42:35 > 1:42:45only for the response, but for the last offer, I am happy to work with
1:42:45 > 1:42:48anyone however much I disagree with certain aspects as to what is being
1:42:48 > 1:42:56done. The governments positive response to refugees really does not
1:42:56 > 1:43:01accord with what speakers have had and know and have told the House. No
1:43:01 > 1:43:06doubt that is because so many people are affected. Much reference has
1:43:06 > 1:43:21been made, the pull factors. I will adopt the time implausible. -- Tama.
1:43:21 > 1:43:30... With regard to the rules, simply repeat again I don't want to make my
1:43:30 > 1:43:34speech all over again, that exceptional circumstances have
1:43:34 > 1:43:39actually become normal circumstances. So you cannot apply
1:43:39 > 1:43:44the accepts Shin Amity factor. The fact remains we have a situation
1:43:44 > 1:43:50where it is of huge concern to all noble lords regarding separated
1:43:50 > 1:43:57families. The comprehensive framework which has been referred to
1:43:57 > 1:44:01by the Minister is not one which is doing the job we all want to see.
1:44:01 > 1:44:08The threads which have run throughout this debate include how
1:44:08 > 1:44:17we wish our country in 2017 to be and to be perceived. Including one
1:44:17 > 1:44:24which expresses its humanity and the value of family. And the practical
1:44:24 > 1:44:29reasons also. Including those who are not... About the enrichment of
1:44:29 > 1:44:37our society. Reference was made at the start to informed public
1:44:37 > 1:44:40opinion. Politicians need to take the lead in informing public
1:44:40 > 1:44:48opinion. And in debating with the public. And I hope that noble lords
1:44:48 > 1:44:57will agree to give this bill eight Second Reading.The question is that
1:44:57 > 1:45:02this bill will now be read a second time. Those content will stop those
1:45:02 > 1:45:10not content.My lords, I beg to urge the bill be moved to the committee
1:45:10 > 1:45:14of the whole house.The bill be moved to a committee of the whole
1:45:14 > 1:45:22house as many who say they are content? Those who not content.
1:45:22 > 1:45:25Second Reading of the immigration control of human rights abuses
1:45:25 > 1:45:33bill...I beg to move that this bill now be read a second time. It is
1:45:33 > 1:45:37impossible to embark on the Second Reading of this bill without
1:45:37 > 1:45:42explaining... The shock shocking backdrop in this effort to create
1:45:42 > 1:45:46legislation which will provide entry into this country of people who are
1:45:46 > 1:45:53gross abuses of human rights. A Russian lawyer who acted... For
1:45:53 > 1:46:01Hermitage capital management. Its refusal to demand to the bow to the
1:46:01 > 1:46:08demands of Putin, bought episode of harassment and intimidation. In June
1:46:08 > 1:46:14of October 2008, Sergio testified it up before the public investigative
1:46:14 > 1:46:18committee in Moscow against corrupt officials who were involved in the
1:46:18 > 1:46:23corporate rate on Hermitage 's offices there. Taken place the
1:46:23 > 1:46:29previous year. For having the temerity to challenge the power of
1:46:29 > 1:46:33the Russian state, Sergio was arrested and detained on charges
1:46:33 > 1:46:40trumped up. The conditions he was held in pre-trial conditions were
1:46:40 > 1:46:45horrendous. Freezing cells, open sewage. Beds in short supply,
1:46:45 > 1:46:51prisoners forced to sleep in shifts. Sergio became very ill. He was
1:46:51 > 1:47:00denied medical treatment. His family and treaties were ignored. He was
1:47:00 > 1:47:04permanently handcuffed and regularly struck. He was found dead in his
1:47:04 > 1:47:07cell with injuries which were consistent with a final and hellish
1:47:07 > 1:47:15beating. It begs belief, but four years after his death, he was tried,
1:47:15 > 1:47:20I suppose they would call a trial in your absence and was convicted,
1:47:20 > 1:47:24having been posthumously prosecuted by the Russian state. The
1:47:24 > 1:47:29authoritarian termism of Putin's state reaches beyond the grave. Of
1:47:29 > 1:47:33course, what they were really doing was seeking to justify the cruelty
1:47:33 > 1:47:38that had exacted by them against a lawyer who dared to stand up for the
1:47:38 > 1:47:44rule of law. Those who were responsible for this catalogue of
1:47:44 > 1:47:48abuse have since been honoured by the brush and state and they have
1:47:48 > 1:47:52usually enriched themselves through fraud, using hand the Taj as a
1:47:52 > 1:48:00cover. Sergio's death left a mother, a wife and two children to grieve.
1:48:00 > 1:48:04As well as a devoted friend and client who is not going to take what
1:48:04 > 1:48:12happened lying down. His friend was the only financier banker who has
1:48:12 > 1:48:19turned into a dedicated full on full-time human rights activist. So
1:48:19 > 1:48:24Sergio's death, he has worked tirelessly to secure justice. He has
1:48:24 > 1:48:28campaigned against the continuity which was enjoyed by those officials
1:48:28 > 1:48:32who committed these gross acts of inhumanity. Knowing that Russia
1:48:32 > 1:48:36under Putin will never prosecute those who jailed, persecuted and
1:48:36 > 1:48:42ultimately killed Sergio, he has lobbied and campaigned and urged
1:48:42 > 1:48:51other nations to deny thanks --... The enjoyment of travel, the use of
1:48:51 > 1:48:58ill gotten gains and the anonymity which allows them to escape. So far,
1:48:58 > 1:49:02he has persuaded the United States and Canadian to legislate. It is
1:49:02 > 1:49:12time we did this also. This is about creating law. Human rights violators
1:49:12 > 1:49:17like those who murdered Sergio, exist in other nations to. In Sudan.
1:49:17 > 1:49:26Where we have generals like Sala gosh, identified by the UN Palin of
1:49:26 > 1:49:32experts to someone who should be subject to sanctions -- sanctioned.
1:49:32 > 1:49:42Then there is another general Mark Muhammed Hussain who has warrants
1:49:42 > 1:49:47outstanding from the international court for his role for crimes
1:49:47 > 1:49:54against you manatee and war crimes. In the Congo, where we have seen
1:49:54 > 1:50:00greediest atrocities committed and mass rape of women. In parts of the
1:50:00 > 1:50:06middle east, criminals walk free and come regularly to this country.
1:50:06 > 1:50:11Generals in Myanmar also are coming to mind. The United Nations
1:50:11 > 1:50:15commission for human rights can identify and provide evidence as TDs
1:50:15 > 1:50:19violators of human rights. They should not be able to come here.
1:50:19 > 1:50:23Think their money into expensive properties. Have their operations at
1:50:23 > 1:50:26private hospitals. Send their children to expensive private
1:50:26 > 1:50:32schools and live in our midst in impunity. Acids can now be frozen.
1:50:32 > 1:50:42This bill is to deny them deserve. The USA and Canadian acts contain
1:50:42 > 1:50:46elements that provide a template to be replicated the world over. Asset
1:50:46 > 1:50:51freezes. Travel bans and the explicit naming of the individuals
1:50:51 > 1:50:56whose conduct has led the government to sanction them. At present, the UK
1:50:56 > 1:51:02only has the asset freezing aspect of this type of law. This was
1:51:02 > 1:51:05introduced when the criminal finances act, which has an amending
1:51:05 > 1:51:12attached to it in April 2017 this year, it had passed through
1:51:12 > 1:51:17Parliament in the preceding months. This amendment allowed the
1:51:17 > 1:51:20government to apply to a High Court to have the assets of suspected
1:51:20 > 1:51:30human rights violators frozen. This left the UN lacking in travel
1:51:30 > 1:51:37bans... Under immigration rules, the Home Secretary does have a personal,
1:51:37 > 1:51:42non-statutory power to issue travel bans to individuals on the basis
1:51:42 > 1:51:46that their exclusion to the UK is conducive to the public good.
1:51:46 > 1:51:53Section 35A of the immigration act 1971 says that the power to deport
1:51:53 > 1:51:56anyone in the discretion of the Home Secretary if this is good for the
1:51:56 > 1:52:02public good. How often have those powers being used against human
1:52:02 > 1:52:08right abuses? The current powers allow the Home Secretary to prevent
1:52:08 > 1:52:16the names of those being banned from being published. The existence of a
1:52:16 > 1:52:22specific statutory provision. And that is what is being sought here.
1:52:22 > 1:52:26Aimed at sanctioning those involved in human rights abuses have focused
1:52:26 > 1:52:30their attention on that law and also introduce greater transparency into
1:52:30 > 1:52:35the exercise of powers to impose these bands. The Foreign Affairs
1:52:35 > 1:52:41Committee published a report in 2011. On the FCO's human rights work
1:52:41 > 1:52:44which asserted the value of publicising the names of those who
1:52:44 > 1:52:48were denied visas to enter the United Kingdom as a means of drawing
1:52:48 > 1:52:52attention to the UK's determination to uphold high standards of human
1:52:52 > 1:52:58rights. Only a few days ago, in this chamber, I participated in a debate
1:52:58 > 1:53:01about human rights, subsequent to Brexit. We were given guarantees
1:53:01 > 1:53:08from the Minister, from the benches, saying that human rights were a
1:53:08 > 1:53:11central consideration of this government. Here is a way in which
1:53:11 > 1:53:17this can be expressed. Dominic bra, member of Parliament argued in the
1:53:17 > 1:53:24Commons debate in February of this year, sorry, two years ago. In the
1:53:24 > 1:53:26introduction of specific statutory powers would give the public the
1:53:26 > 1:53:31right to know which individuals were being banned and which were not. And
1:53:31 > 1:53:37would help travel bans act as an effective deterrent to others. Would
1:53:37 > 1:53:41soon see a chilling effect of the movement of people if they thought
1:53:41 > 1:53:45that they were going to be problems as they sought entry into the
1:53:45 > 1:53:50country. The immigration control gross human rights abuses bill
1:53:50 > 1:53:57introduces two missing elements of a fully fledged minuscule. Explicit
1:53:57 > 1:54:04powers... Transparent naming requirements for those who are
1:54:04 > 1:54:11banned. Following the successful campaigns to pass these acts in the
1:54:11 > 1:54:15US and Canada, the Russian government has pursued William...
1:54:15 > 1:54:22Including abuse of international cooperation mechanisms, applying for
1:54:22 > 1:54:27arrest warrants. And the extradition to Russia. There have been five
1:54:27 > 1:54:29separate applications for is arrested by these means, all of
1:54:29 > 1:54:34which have been rejected by Interpol. But what it tells us, my
1:54:34 > 1:54:45lords, is
1:54:45 > 1:54:49They are doing their job. That is why Russia are so determined to go
1:54:49 > 1:54:53after him. One of the great complaint about human rights law is
1:54:53 > 1:54:58that it has insufficient to. This is how it you give teeth to our
1:54:58 > 1:54:59international commitments. I strongly commend this bill to the
1:54:59 > 1:55:14House.Let me thank and applaud the noble Baroness for introducing this
1:55:14 > 1:55:20bill on a profoundly important subject. As the House well knows she
1:55:20 > 1:55:25brings a phenomenal experience as a distinguished champion of human
1:55:25 > 1:55:35rights. Her work, past and present, includes six years of counsel, and I
1:55:35 > 1:55:39have a privilege of being deputy chairman for a time. I well written
1:55:39 > 1:55:43call her inspiring figures on human rights, and a fresh perspective and
1:55:43 > 1:55:54energy for that. She has sat on a number of committees in the most
1:55:54 > 1:56:01distinguished fashion, and most recently, leading the college is
1:56:01 > 1:56:06splendidly as principal for the last six years. Her long-term legacy will
1:56:06 > 1:56:13be in human rights. The institute will provide a distinguished form of
1:56:13 > 1:56:16human rights scholarship, and we look forward to the world-class
1:56:16 > 1:56:21events, research and policy development it will surely generate.
1:56:21 > 1:56:24Respect for human rights is at the heart of our Constitution and
1:56:24 > 1:56:31culture. As the late Lord Bingham, the first judge of the modern era,
1:56:31 > 1:56:42to be master of roles, Lord chief justice, said, in a world divided by
1:56:42 > 1:56:44differences of nationality, race, colour and religion and well, the
1:56:44 > 1:56:49rule of law is the one great unifying factor. Perhaps, the
1:56:49 > 1:56:57greatest. The nearest that we are likely to approach to a secular and
1:56:57 > 1:57:06it on. In discussions on the violations of human rights have been
1:57:06 > 1:57:10ongoing here for many years. As the noble lady and my friend said, since
1:57:10 > 1:57:19the tragic deaths, the matter has been given fresh intensity, after
1:57:19 > 1:57:29encouraging the alleged £150 million fraud, and considering he was
1:57:29 > 1:57:32incarcerated in prison without trial, and during his detention, it
1:57:32 > 1:57:38was says that he was wilfully subjected to torture, and received
1:57:38 > 1:57:42delayed and inadequate treatment of pancreatitis. After 358 days there,
1:57:42 > 1:57:56he died in 2009. Surrogate, it has been said that he worked as a... The
1:57:56 > 1:58:03founder and chief executive of this country, has been unrelenting in his
1:58:03 > 1:58:08dedication for campaigning for legislation for pursuing those
1:58:08 > 1:58:11responsible for his death, and penalising others similarly, as the
1:58:11 > 1:58:16noble lady said, he is ready to become a full-time human rights
1:58:16 > 1:58:21campaigner. There are so many in business facing adversity, move the
1:58:21 > 1:58:23other way, look at the commercial interests, it is never good for
1:58:23 > 1:58:29business. To become a difficult person or a relentless campaign. So
1:58:29 > 1:58:37much easier to move on, create more wealth, maybe dedicate some of that
1:58:37 > 1:58:44to causes, but Bill is a example to us all in his tenacity, courage and
1:58:44 > 1:58:51persuasiveness and determination. So, he was the driving force
1:58:51 > 1:58:54concerning the accountability act 2012 in the United States, the
1:58:54 > 1:59:02purpose of that legislation has been said, to punish those responsible in
1:59:02 > 1:59:05the death, by banning them from the United States, and denying them
1:59:05 > 1:59:20access to American banking systems. Another prominent human rights
1:59:20 > 1:59:23lawyer, Robertson said it was one of the most important examples of human
1:59:23 > 1:59:33rights.
1:59:34 > 1:59:37It was a welcome development, following much campaigning, when in
1:59:37 > 1:59:47April, this year, the act passed unanimously from the House of
1:59:47 > 1:59:56Commons, to contain the provisions that allow Government to... We
1:59:56 > 1:59:58applaud the cross-party support that led to the Government is taking that
1:59:58 > 2:00:03vital step, to prevent those responsible and complicit in these
2:00:03 > 2:00:11appalling incidents. Human rights is central to our shared values. We
2:00:11 > 2:00:16should send a clear as possible message, holding ourselves at the
2:00:16 > 2:00:26highest standards. We recall the minister's excellent speech. He
2:00:26 > 2:00:30recognised his story as only one example of the many atrocities of
2:00:30 > 2:00:34human rights violations committed globally every year. We very much
2:00:34 > 2:00:39look forward to her response, now. We hope that she would agree to go
2:00:39 > 2:00:45this extra step. Additionally, we should not overlook the ongoing
2:00:45 > 2:00:48deprivations and persecution by some national leaders in particular
2:00:48 > 2:00:54countries. We have got to weep as because of the of the fate of the
2:00:54 > 2:01:00Muslims, and other minorities in Myanmar to remain in Syria. The
2:01:00 > 2:01:05noble lady catalogue the further list of examples, and we cannot pass
2:01:05 > 2:01:11by and take no notice. I just wish that there were, in every year and
2:01:11 > 2:01:25continent, that there... Before the said benefit of their people, paving
2:01:25 > 2:01:31the way to sustainable and equitable prosperity. We should identify and
2:01:31 > 2:01:36support the best, but we also have an obligation to target and
2:01:36 > 2:01:39penalised the worst. Let our law and practice bring an end to the scandal
2:01:39 > 2:01:46of wrongdoing and welcome to spend their time and money here without
2:01:46 > 2:02:00net. I support the bill. I too, --I too, strongly support this bill. I
2:02:00 > 2:02:08welcome the Lady's commitment Ann Hough commitment -- commitment to
2:02:08 > 2:02:14the cause. As she had explained, essentially, to complete what must
2:02:14 > 2:02:20surely be accepted by all as a compellingly necessary legislative
2:02:20 > 2:02:26response to the particular form of gross abuse of human rights, to
2:02:26 > 2:02:31which it is directed. Part of that response, the monetary part, as has
2:02:31 > 2:02:36been expend, in the criminal finances act earlier this year,
2:02:36 > 2:02:42which provides, by way of amendment to the Proceeds of Crime Act 2002,
2:02:42 > 2:02:48fully civil recovery of the proceeds of Arnold for conduct, and that
2:02:48 > 2:02:54unlawful conduct is now defined and pursued to the 2017 act, to include,
2:02:54 > 2:03:02under the title, Gross Human Rights Abuse Of Violation, the appalling
2:03:02 > 2:03:11ill-treatment of what can be called whistle-blowers, and the like. Under
2:03:11 > 2:03:19the 2002 acts, as now amended, the financial gain from this form of
2:03:19 > 2:03:24gross human rights abuses can be frozen by establishing a quote good
2:03:24 > 2:03:31arguable case unquote, and recovered by legal action into cases then
2:03:31 > 2:03:36established on the balance of probabilities. Having supported that
2:03:36 > 2:03:42provision, in my speech and second reading on the 2017 act, when I
2:03:42 > 2:03:51simply mentioned the name, I then received by post a copy of the book.
2:03:51 > 2:03:59Generally, never one -- one never gets round to reading these, but I
2:03:59 > 2:04:04was tempted to dip into it by the endorsements on the cover, quote a
2:04:04 > 2:04:20shocking, to life -- to left thriller. Unquote. Having picked it
2:04:20 > 2:04:27up, I could not put it down, and I finished it with a deep sense of
2:04:27 > 2:04:37outrage. It was described as the best thrillers someone ever read
2:04:37 > 2:04:48and. The criminal finances act, earlier this year, dealt only with
2:04:48 > 2:04:54the material proceeds of that sort of appalling Ms conduct, and has
2:04:54 > 2:05:01also been explained, by the United States legislation, which Bill had
2:05:01 > 2:05:07secured, somewhat previously has prohibited or so, and rightly so,
2:05:07 > 2:05:11the entry of certain individuals to the United States, and it is
2:05:11 > 2:05:19essential to achieve this, that the bill today is directed, and I
2:05:19 > 2:05:23applaud it. But, there are two Mac questions, and I think it is just
2:05:23 > 2:05:50worth reading. Clause one provides for the banning entry... What
2:05:50 > 2:06:00standard of proof is intended to apply? What state of mind must the
2:06:00 > 2:06:02Secretary of State or the immigration officer PA before he can
2:06:02 > 2:06:08act as this bill envisages? Bill for what it is worth, and it might not
2:06:08 > 2:06:18be
2:06:20 > 2:06:33much, concerning the correct approach to decide on the barring of
2:06:33 > 2:06:47the darts we will... And in considering what that involved, we
2:06:47 > 2:06:53have concluded that clearly, a lower standard is required, and would be
2:06:53 > 2:06:58applicable to an actual war crimes trial, but, there was a higher test
2:06:58 > 2:07:07for exclusion, having, quote, reasonable grounds for suspecting,
2:07:07 > 2:07:15unquote. Considering, the word considering, we approximate rather
2:07:15 > 2:07:22to believing them to expecting, now I know from the briefing on this
2:07:22 > 2:07:26bill that the Home Office guidance on the approach to immigration rule
2:07:26 > 2:07:34320 bracket 19, the paragraph that provides for an immigration officer
2:07:34 > 2:07:38to refuse entry if he deems the person's exclusion to be conclusive
2:07:38 > 2:07:46to the public good. The Home Office guidance to that, is that entry must
2:07:46 > 2:07:50be refused, if the person is suspected of crimes against
2:07:50 > 2:08:00humanity. But, it may be perhaps one thing to route views -- refuse entry
2:08:00 > 2:08:07on the basis of Mears is bitten, as that guidance suggests, in that
2:08:07 > 2:08:11context. Perhaps, another thing, is that this bill also envisages to
2:08:11 > 2:08:19cancel or curtail existing leave. At this stage, what I would say is that
2:08:19 > 2:08:24by the thought may need to be given to the word, known, which is perhaps
2:08:24 > 2:08:35too exact in a test it may need amendment at committees page. Over
2:08:35 > 2:08:42the last few months, this house has been devoting considerable time to
2:08:42 > 2:08:50the sanctions and anti-money-laundering bill, and
2:08:50 > 2:08:56knowing of this impending bill, I have to say, it has occurred to me
2:08:56 > 2:09:02from time to time, that this objective could possibly have been
2:09:02 > 2:09:07encompassed, within the sanctions provision, in this substantial bluey
2:09:07 > 2:09:13more comprehensive public bill. The sanctions bill has just, of course,
2:09:13 > 2:09:23reached report stage, and I simply ask, could and should this further
2:09:23 > 2:09:31provision, shredded, I wonder, now introduced into that act? At least,
2:09:31 > 2:09:33the possibilities should be considered, unless of course it has
2:09:33 > 2:09:40already been, it for some reason which I know it has been rejected. I
2:09:40 > 2:09:43do suggest that thought could be given to that. All that said, I
2:09:43 > 2:09:50repeat my strong support for introducing this further provision
2:09:50 > 2:10:06into our law, and which this bill a fair wind.
2:10:06 > 2:10:11And commend her to bring it forward and for presenting it with all the
2:10:11 > 2:10:16persuasiveness and passion that has made her one of the country's great
2:10:16 > 2:10:21advocates. And of course, she is an advocate for great causes and this
2:10:21 > 2:10:27is one. It is perhaps particularly ironic that this bill comes
2:10:27 > 2:10:35immediately after the last second Reading. In the last second Reading,
2:10:35 > 2:10:40we were talking about children, unfortunate children at the mercy of
2:10:40 > 2:10:44events and trying to open the door to enable them to come into this
2:10:44 > 2:10:50country to be looked after and cared for. Here, we are looking at the
2:10:50 > 2:10:56horrible fact that those Dooley there with their idols can easily
2:10:56 > 2:11:01come into this country and bring their ill gotten gains and families
2:11:01 > 2:11:05with them with remarkably little hindrance when they have engaged in
2:11:05 > 2:11:08some of the most appalling and inhuman practices in their own parts
2:11:08 > 2:11:15of the world. I am as enthusiastic about dealing with the malefactors
2:11:15 > 2:11:21as I am speaking for those who need are care and support. My lords, this
2:11:21 > 2:11:29is described as a Magnitsky bill, but of course, it's not because this
2:11:29 > 2:11:35is the only case. I see the noble lord in his place and remember that
2:11:35 > 2:11:44in July 2013, he brought forward another case. There are many such
2:11:44 > 2:11:49cases. I look forward to what he has to say about these things because
2:11:49 > 2:11:55this is not an isolated case, it is something that has been going on. It
2:11:55 > 2:12:02is a whole attitude and approach on Mr Putin's regime. One might say
2:12:02 > 2:12:06there is a long history in that country going back to the days of
2:12:06 > 2:12:11the Soviet Union when he was also a significant figure. But one of the
2:12:11 > 2:12:15big differences was, in those days, the officials, whatever they were
2:12:15 > 2:12:22doing within the Soviet Union, they tended to stay there. Now they steal
2:12:22 > 2:12:28from their own country and people and bring their ill gotten gains to
2:12:28 > 2:12:32this country to inflate the House prices in some places and give
2:12:32 > 2:12:37themselves a good life and also as of possibilities and we find
2:12:37 > 2:12:41ourselves permitting this to happen when we know it is wrong. We don't
2:12:41 > 2:12:46have too, there are things we can do about it. Often, when there are
2:12:46 > 2:12:50things happening that we are very unhappy about, and sadly there are
2:12:50 > 2:12:54many of them in the world, we are unable to do something to make a
2:12:54 > 2:13:02difference. But it is clear that we can make a difference in this case.
2:13:02 > 2:13:08When the Magnitsky act was passed, the response from Mr Putin and his
2:13:08 > 2:13:13colleagues was strident. It was clear it has had an impact. When we
2:13:13 > 2:13:17spoke on December 2012 at a press conference, it is clearly not just
2:13:17 > 2:13:22from what he said but the way he said it that this was really
2:13:22 > 2:13:29striking home. They produced their own anti-Magnitsky act and it was a
2:13:29 > 2:13:34strangely ironic thing because what they did was blocked the adoption of
2:13:34 > 2:13:40Russian children by people from the United States and America. There is
2:13:40 > 2:13:44something so seedy, unpleasant and vile about that kind of response
2:13:44 > 2:13:48that it tells us something about the spirit from which it is coming. My
2:13:48 > 2:13:55lords, it is clear to me that this is something we can do and we should
2:13:55 > 2:13:59do and I am glad that we have the opportunity presented to us to do
2:13:59 > 2:14:09just that.My lords, may I also starred with congratulating the
2:14:09 > 2:14:14noble lady in bringing forward the spill. It is a pleasure to come and
2:14:14 > 2:14:19support this measure. In her speech, she gave a short description of the
2:14:19 > 2:14:24circumstances that led to the death of Sergei Magnitsky. I think we
2:14:24 > 2:14:35should reflect a bit on the context of there, because it is a reluctant
2:14:35 > 2:14:38thing that people recognise the reality that Russia is not a normal
2:14:38 > 2:14:43state. It is pretty close to being a mafia state. There are high levels
2:14:43 > 2:14:49of corruption in all parts of the state and the response of person to
2:14:49 > 2:14:56the Magnitsky legislation and their pursuit of Bill Browder indicates
2:14:56 > 2:15:00that at the highest level of Government, they are colluding with
2:15:00 > 2:15:08the criminality that is there. I do wish members of society here who
2:15:08 > 2:15:14sometimes can be found on the expense of yards of these gangsters
2:15:14 > 2:15:20or think that Russia is a country that we can do business with, I wish
2:15:20 > 2:15:24they would think again and bear in mind the character of people that
2:15:24 > 2:15:32they are proposing to deal with. This legislation is the second-half
2:15:32 > 2:15:37of what you might call the Magnitsky Amendment. The first half as already
2:15:37 > 2:15:46been enacted. I think that is an idea that we should look closely at,
2:15:46 > 2:15:53but was just sad. A bigger question on my mind is, is this legislation
2:15:53 > 2:16:01going to be enforced? That is an area where one has some concerns and
2:16:01 > 2:16:11the concerns are illustrated, just going through this particular case.
2:16:11 > 2:16:18A question was tabled in the other place, where it was asked, if any of
2:16:18 > 2:16:22the 60 individuals named on the list published by the commission on
2:16:22 > 2:16:28Security and co-operation in Europe, individuals involved in the tax
2:16:28 > 2:16:32fraud and torture and death of Sergei Magnitsky published in June,
2:16:32 > 2:16:38if any of those have visited the UK in the past year and if she will
2:16:38 > 2:16:44disclose such visits. Unfortunately, the Minister for education replied
2:16:44 > 2:16:49that it was long-standing policy not to disclose details of records which
2:16:49 > 2:16:57may be held in relation to the... The Home Office is already aware of
2:16:57 > 2:17:01the individuals on the list and has taken the necessary measures to
2:17:01 > 2:17:10prevent them from being issued with the visas for travel to the UK. He
2:17:10 > 2:17:15is doing quite well by signalling that but unfortunately, a fewer days
2:17:15 > 2:17:20later, the letter was sent that, although the special cases
2:17:20 > 2:17:25directorate has taken to make sure applications for travel to the UK
2:17:25 > 2:17:29are flagged up for careful consideration on a case-by-case
2:17:29 > 2:17:33basis, no decision has been made to refuse the reef outright. I think
2:17:33 > 2:17:39that's disgraceful. I think to talk about all applications to be dealt
2:17:39 > 2:17:45with on the individual merits as an in-line with our usual practice is
2:17:45 > 2:17:50really chilling because these are not usual cases and they shouldn't
2:17:50 > 2:17:55be treated as part of the usual practice. The point that was made
2:17:55 > 2:18:02earlier is that these provisions actually do work. They are hitting
2:18:02 > 2:18:05the oligarchs and the criminal gang spirit hurts in terms of the
2:18:05 > 2:18:10freezing of assets and denial of access to hear and I think we should
2:18:10 > 2:18:15be doing this at a matter of policy rather than waiting for individual
2:18:15 > 2:18:21cases to come about. That is the main point I wish to make on this,
2:18:21 > 2:18:29not just to support this proposal but to see that it is enforced as a
2:18:29 > 2:18:33matter of general policy because it gives us a very valuable tool.
2:18:33 > 2:18:36Coming to London is an attractive thing and refusing that is something
2:18:36 > 2:18:45that is going to enable us to make a difference. It is a demonstration of
2:18:45 > 2:18:48our affective soft power and something we should use and I hope
2:18:48 > 2:18:57we will do. I hope very much in this bill will become law speedily.My
2:18:57 > 2:19:04lords, I would like to thank the noble lady who agreed some ten years
2:19:04 > 2:19:10ago when I asked her to become my mentors and has remained a hero for
2:19:10 > 2:19:18me all of my working life. I was astounded to hear and read that it
2:19:18 > 2:19:25was possible for someone who has committed acts of corruption, that
2:19:25 > 2:19:32even in Iran were regarded as unacceptable to come to this country
2:19:32 > 2:19:39where a moment ago we were fighting for the right of immigrants who have
2:19:39 > 2:19:44committed no crimes to Compton to this country. It seems to be a
2:19:44 > 2:19:50contradiction is extraordinary. How is it possible to think that there
2:19:50 > 2:19:58are laws that allow criminals to come to this country, to bring their
2:19:58 > 2:20:05money here and to London that? All my life I thought that by coming to
2:20:05 > 2:20:15Britain I would have left behind corruptions of that kind and gross
2:20:15 > 2:20:19financial indecency. I came to this country because I thought that the
2:20:19 > 2:20:23laws were straight, because we knew what was happening, because we could
2:20:23 > 2:20:30trust the banks and we would now that this country would protect
2:20:30 > 2:20:35those who are needy but would certainly not offer a haven for
2:20:35 > 2:20:44those who are going to abuse their positions. It seems to me
2:20:44 > 2:20:48unacceptable and I beg that we change this attitude, because it is
2:20:48 > 2:20:58dishonourable for me to think that it's acceptable in this country. To
2:20:58 > 2:21:05allow the kind of corruption that has been rife in many countries,
2:21:05 > 2:21:15that we have considered undesirable. Please, my words.My lords, I start
2:21:15 > 2:21:21by welcoming and congratulating the noble Baroness on bringing this bill
2:21:21 > 2:21:26to the floor of the House. She has many admirers across all sides of
2:21:26 > 2:21:32this House and I fully endorse the words earlier one from my noble
2:21:32 > 2:21:36friend, all very eloquently and so simply reminding us all why we all
2:21:36 > 2:21:44admire her so much. I also speak in support of this bill but as I speak,
2:21:44 > 2:21:48lower down the order, it's not often that I can say this but I possibly
2:21:48 > 2:21:52fully endorse all comments made by old noble Lords on all sides of the
2:21:52 > 2:21:59House. And by doing that, it means I don't have to speak for as long as I
2:21:59 > 2:22:05have. I welcome and congratulate the Government on adopting the clause to
2:22:05 > 2:22:09the criminal finances act which was brought in the first part of the
2:22:09 > 2:22:17Magnitsky act. But this doesn't go far enough. And it's right, as my
2:22:17 > 2:22:22honourable friend said, we need to make the UK a hostile environment
2:22:22 > 2:22:28for those seeking to move, hide and use the process of crime and
2:22:28 > 2:22:32corruption in an increasingly competitive international
2:22:32 > 2:22:36marketplace, the UK simply cannot afford to be seen as a haven for
2:22:36 > 2:22:43dirty money. But we need to go further than that. We must not be a
2:22:43 > 2:22:48haven for human rights violations. The law this bill would create has
2:22:48 > 2:22:53widespread support in this House. The polling that has been done shows
2:22:53 > 2:22:57it has popular support in the United Kingdom and support across the
2:22:57 > 2:23:01political divide and is in tune with what has happened in the United
2:23:01 > 2:23:05States, Canada and other European countries. In the House of Commons
2:23:05 > 2:23:10over five years ago, a motion was unanimously passed calling for Visa
2:23:10 > 2:23:17and economic restrictions on Russian officials on the crimes covered by
2:23:17 > 2:23:23Magnitsky and since his death. The foreign affairs select committee
2:23:23 > 2:23:26should the list of banned human rights violations with reference to
2:23:26 > 2:23:32the Magnitsky case. My lords, the Baroness has also referred to the
2:23:32 > 2:23:37Home Secretary overarching power to remove those whose presence in the
2:23:37 > 2:23:43UK would not be conducive to public good. And then you may ask, what is
2:23:43 > 2:23:51the need for the law? But those plans are really published, often
2:23:51 > 2:23:55when asked neither confirmed nor denied. There is no meaning or
2:23:55 > 2:24:02shaming, no knowing who is here and who has been allowed in here and now
2:24:02 > 2:24:07light is shed on those who operated in dark ways. When dealing with the
2:24:07 > 2:24:10financial provisions we now have, it was said that this message would
2:24:10 > 2:24:14send a clear statement is that the UK would not stand by and allow
2:24:14 > 2:24:19those who have committed a gross abuse around the world to launder
2:24:19 > 2:24:25the money here. I would argue that we need to send a similarly strong
2:24:25 > 2:24:29signal in relation to the presence of these individuals in the UK. We
2:24:29 > 2:24:34said that we don't want your money here, we need to say we don't want
2:24:34 > 2:24:39you here either. But this bill must not limit itself to the specific and
2:24:39 > 2:24:44appalling circumstances as the House has heard about the death of Sergei
2:24:44 > 2:24:48Magnitsky even if it is motivated by that, this bill must be universally
2:24:48 > 2:25:00applied.
2:25:00 > 2:25:05An act was passed in 2012 to deal with the particular case. It
2:25:05 > 2:25:12authorised the President at a time when we had a president in the US,
2:25:12 > 2:25:23when human rights mattered somewhat.
2:25:26 > 2:25:34A similar broad act should be adopted by us. Every day, we see the
2:25:34 > 2:25:37most he knows human rights abuses committed around the world, by the
2:25:37 > 2:25:47sofa called -- so-called respectable and powerful politicians. Burma has
2:25:47 > 2:26:00been a horrific case in recent months. Why must we always in the
2:26:00 > 2:26:06long-term seek to bring these perpetrators to justice, either in
2:26:06 > 2:26:11their home countries, or in the former international... In the
2:26:11 > 2:26:16future, we must send out the signal that it cannot be business as usual.
2:26:16 > 2:26:20Our commitment to human rights must be clearly visible when people seek
2:26:20 > 2:26:35to enter the United Kingdom. This bill, extending... Then Britain will
2:26:35 > 2:26:38not be a place where you can do business, if your total income to
2:26:38 > 2:26:42study here, you're not be at your graduations, if you have blood on
2:26:42 > 2:26:47your hands, you will not be doing your Christmas shopping at Harrods.
2:26:47 > 2:26:51My Lords, only as here today, this has has been discussing refugees and
2:26:51 > 2:26:57family reunion. We have, quite rightly, been a haven for those that
2:26:57 > 2:27:02flee from human rights violations and abuse. My Lords, we must never
2:27:02 > 2:27:10become a haven for those that commit such abuse.My Lords, can I join
2:27:10 > 2:27:14every other Speaker in the House in congratulating the noble lady
2:27:14 > 2:27:25Baroness for moving this for bringing this bill to the floor this
2:27:25 > 2:27:29has, and I will join her every step in the way in ensuring that we get
2:27:29 > 2:27:35every support we can to make this pass. I need to declare, and a
2:27:35 > 2:27:41category two for the registries and members interests, my role as a
2:27:41 > 2:27:47enumerator chat of the five rights campaign, which is the new human
2:27:47 > 2:28:05rights campaign. The bill is very timely,...
2:28:09 > 2:28:25This went a step further than the Magnitsky act. We should be proud
2:28:25 > 2:28:32that we are trying to move anything direction today. This bill will
2:28:32 > 2:28:36bring clarity and give teeth to the travel ban aspect which is currently
2:28:36 > 2:28:47missing. My Lords, I too have the privilege, and take inspiration from
2:28:47 > 2:28:49his courageous leadership, which is so frequently absent from commercial
2:28:49 > 2:28:58light. I worked for the Commonwealth Secretariat, particularly
2:28:58 > 2:29:04responsible for its good governance human rights and democracy aspects.
2:29:04 > 2:29:16That was in the late 1990ss into the early 2000s. Robert Mugabe was
2:29:16 > 2:29:28committing hedonists human rights violations. -- keenness. In the we
2:29:28 > 2:29:37had verification, yet, we sat there, in utter and complete frustration,
2:29:37 > 2:29:39as international tools, and international law, as well as United
2:29:39 > 2:29:45Kingdom law did not provide us with any ability to stop Robert Mugabe,
2:29:45 > 2:29:50his henchmen, and his wife coming to the UK, for medical treatment, or
2:29:50 > 2:29:56more likely, to spend their ill gotten gains in our high-end stores
2:29:56 > 2:30:01in this capital city. In other country -- another country that is a
2:30:01 > 2:30:07useful example, is in Pakistan, where a person who is thought to
2:30:07 > 2:30:11have committed a huge number of human rights violations, while
2:30:11 > 2:30:16living in self-imposed XL in London, these were human rights violations
2:30:16 > 2:30:23that he sanctioned from London, and he was known as a person of
2:30:23 > 2:30:29interest, to UK law enforcement. There were a minimum of 31 charges
2:30:29 > 2:30:39against him. -- within Pakistan in self, on murder, money-laundering,
2:30:39 > 2:30:44and multiple other abuses. Yet, he was able to preside over this, and
2:30:44 > 2:30:52interfere in Pakistani politics with immunity. He was running something
2:30:52 > 2:31:14again to spectre as they bond movement from -- a Bond movie. My
2:31:14 > 2:31:19Lords, if this bill had been in place, that did not have happened.
2:31:19 > 2:31:25It's tarnished the reputation of the United Kingdom. Now, Clause 1.2 of
2:31:25 > 2:31:34the bill, which refers to section of the Proceeds of Crime Act, is
2:31:34 > 2:31:37medically important, as it defines unlawful conduct more broadly. The
2:31:37 > 2:31:46UK has long had a reputation for allowing financial crime, as well as
2:31:46 > 2:31:51welcoming people who have ill gotten gains, but this does not just
2:31:51 > 2:31:57includes the developing world, but it covers many other states as well.
2:31:57 > 2:32:01As far as I know, London is one of the few cities in the world which
2:32:01 > 2:32:09had a black dockers see bus tour. I understand the organisers are
2:32:09 > 2:32:21planning to expand that to New York shortly. I took this bus tour. It
2:32:21 > 2:32:28was not a pretty sight. I suggest, that other noble lord in this house
2:32:28 > 2:32:33take this bus tour, it takes from Whitehill place. It takes little
2:32:33 > 2:32:41more than two hours, but it will provide a real insight into who owns
2:32:41 > 2:32:46London, our capital, and home to Europe's largest financial services
2:32:46 > 2:32:55sector. I know that corruption and money-laundering is not in itself a
2:32:55 > 2:32:58gross human rights violation, but, the two things often go hand in
2:32:58 > 2:33:03hand, with those that are grossly corrupt often outsourcing the
2:33:03 > 2:33:08intimidation, torture and supposed murder, two others in order to
2:33:08 > 2:33:14Ireland's public officials who cannot be brought up by them. If one
2:33:14 > 2:33:19superimposes human rights violations into a map of corruption in Russia,
2:33:19 > 2:33:24it is the same stakes that come up. And, that applies to other regions
2:33:24 > 2:33:29of the world, as well. And, there is secrecy at Government level, here in
2:33:29 > 2:33:34the UK, that allows and the public, to never be clear on what basis the
2:33:34 > 2:33:40wrongdoers are here in the UK. We see that the Minister, of State for
2:33:40 > 2:33:45security and immigration, James Brokenshire, stated in response to a
2:33:45 > 2:34:00written P Q... This is what the bill will throw light on. We can't allow
2:34:00 > 2:34:05that to continue. It suggests that the Government prefers to continue
2:34:05 > 2:34:08dealing with shady people on the basis... Presumably on the basis
2:34:08 > 2:34:16because they are posted people on tarmac in power. My Lords, I know
2:34:16 > 2:34:20that this is not a foreign affairs debate, but I would only say that if
2:34:20 > 2:34:24she had heard the condemnation of Saudi Arabia on the 16th of November
2:34:24 > 2:34:29in the statement of the Yemen, she would know what I was talking about.
2:34:29 > 2:34:38The Iraq of gross hypocrisy of the -- the era of gross hypocrisy on the
2:34:38 > 2:34:49part of governments is over.
2:34:53 > 2:34:57Legislators request that additional names be added, evidence can be
2:34:57 > 2:35:02obtained from US and non-US sources. This is important, as those on the
2:35:02 > 2:35:06ground in this right violating states are best informed of the
2:35:06 > 2:35:12facts. We often find the countries hide behind the fees that we will
2:35:12 > 2:35:17leave the sanctions regime to be implemented at EU level. Well, I am
2:35:17 > 2:35:21highly the boredom of smart sanctions, we also need to see our
2:35:21 > 2:35:25own country rising to that challenge. This bill would improve
2:35:25 > 2:35:29and fast tracked the ability of UK authorities themselves to take
2:35:29 > 2:35:33action where international bodies have not reached agreement, or are
2:35:33 > 2:35:37too slow to respond. In conclusion, my lord, I urge the Government to
2:35:37 > 2:35:43support this bill. 2018 will be the 70th anniversary of the universal
2:35:43 > 2:35:52declaration on human rights. It will be the year when the UK hosts the
2:35:52 > 2:35:54Commonwealth Heads of Government Meeting. It will be the first time
2:35:54 > 2:36:01that the UK will have that role this entry. My Lords, in posts Brexit
2:36:01 > 2:36:04Britain and Ireland, what a powerful signal it would be, if the
2:36:04 > 2:36:13Government follows Canada's example and incorporated this bill into law
2:36:13 > 2:36:20in April 2000 18.My lord, as others have, I congratulate the noble lady
2:36:20 > 2:36:23Baroness Kennedy, bringing forward this bill. She is a hero, and I am
2:36:23 > 2:36:29proud to regard her as a friend. She is a crusader. In his crusade, it is
2:36:29 > 2:36:34clear that all sides of the House supporter. This debate is not about
2:36:34 > 2:36:38whether or not human rights abuse take place. We know that they do. We
2:36:38 > 2:36:50appalled them. And if we appalled them. That is not enough. This is
2:36:50 > 2:36:56about what we can do to punish those. Earlier this week, I was
2:36:56 > 2:37:01lucky enough to meet bail. A fellow guest at dinner, I asked him if he
2:37:01 > 2:37:08was afraid for his life. A reasonable question, given what
2:37:08 > 2:37:14happened to Alexander in the London hotel. But, he is remarkably
2:37:14 > 2:37:18sanguine about the possibility of encountering a fatal dose of
2:37:18 > 2:37:27polonium in his tea. He is far too engaged in his absolute passion for
2:37:27 > 2:37:32addressing what we have done to his lawyer. A young man who was
2:37:32 > 2:37:38determined to see the right thing done. That is what we are debating,
2:37:38 > 2:37:42today, really, whether we in this country should join him in the fight
2:37:42 > 2:37:48against what Russia did to Sergei Magnitsky, and what other countries
2:37:48 > 2:38:01do to her other people round the world. His book, is a remarkable
2:38:01 > 2:38:06read, and I am happy to offer mind to anybody who is interested in
2:38:06 > 2:38:12reading it. It is a terrifying Chronicle, of what can go on when,
2:38:12 > 2:38:17as he puts it, a regime becomes a criminal enterprise, wielding all
2:38:17 > 2:38:23the power of a sovereign state. Russia is not the only country for
2:38:23 > 2:38:26which this description is appropriate. We need to stand up
2:38:26 > 2:38:36against there's reaching is -- bad regimes, and in particular, those
2:38:36 > 2:38:40who exert power within them. As we have heard today, some of those who
2:38:40 > 2:38:44might be outside the regimes, where their wilful abuse is being
2:38:44 > 2:38:51perpetrated on their behalf. This country has, as we have had,
2:38:51 > 2:38:55introduced a ban, but this bill goes further, and gives us power to
2:38:55 > 2:39:00refuse entry and named the criminals who have benefited from their
2:39:00 > 2:39:06crimes. We know that the UK is a magnet for people with money, and we
2:39:06 > 2:39:09have heard, the sort of things that they like to do here with their
2:39:09 > 2:39:14cash. Those who perpetrate human rights abuses all too often seem to
2:39:14 > 2:39:18reap rich rewards from their crime, and they seek to spend them on
2:39:18 > 2:39:27luxuries in the west. We should do our very best to stop them. They
2:39:27 > 2:39:32like to make use of health services, they like to make use of luxury
2:39:32 > 2:39:39hotels, they like to get the best education for their children. We
2:39:39 > 2:39:45shouldn't be making it easy for them to do that. Yesterday, a television
2:39:45 > 2:39:48reporter who has decided that she will stand against Putin any
2:39:48 > 2:39:55election in March next year, said, people understand that being an
2:39:55 > 2:40:00opposition figure in Russia means either you get killed, or jailed, or
2:40:00 > 2:40:06something like that. She was remarkably matter of fact about it.
2:40:06 > 2:40:12That is how things are in Russia. We need to demonstrate, that we will
2:40:12 > 2:40:22not condone such behaviour. My Lord, as a result of the author's efforts,
2:40:22 > 2:40:27more than 40 Russians have been named and shamed in the US. We could
2:40:27 > 2:40:32do that too. If we support this bill, we will be following rather
2:40:32 > 2:40:36than leading, not the best position to be, but nevertheless, we should
2:40:36 > 2:40:41follow. Our Government, seems remarkably sanguine about the fact
2:40:41 > 2:40:47that Russia was actively involved in trying to influence the result of
2:40:47 > 2:40:54our referendum. I find that an insult to democracy. But, more than
2:40:54 > 2:41:01anything, I am opposed to the sort of abuses of human rights that are
2:41:01 > 2:41:04heaped upon people like Sergei Magnitsky. We need to support this
2:41:04 > 2:41:12bill, and fight back.
2:41:12 > 2:41:18My lords, I also would like to congratulate the noble Baroness. She
2:41:18 > 2:41:30has an ability to make the issues which she espouses very real to
2:41:30 > 2:41:36those who listen to her. Like other noble Lords, I have spotted the
2:41:36 > 2:41:44paradox between spending a couple of hours discussing, allowing refugees
2:41:44 > 2:41:48family and children who are by themselves seeking sanctuary in the
2:41:48 > 2:41:56UK and without this Bill, they will not be able to keep out some very
2:41:56 > 2:42:05bad and wealthy people who buy multi-million pound apartments, and
2:42:05 > 2:42:12have all the benefits of our society when their presence here is so
2:42:12 > 2:42:18offensive. I also recall the amendment to the criminal finances
2:42:18 > 2:42:25Bill and unlike other noble Lords, it has led me to read Bill Browder's
2:42:25 > 2:42:32book. I feel we are going to be Pro14 an awful lot of books, our way
2:42:32 > 2:42:40by others who see that we do sometimes read them, and my reaction
2:42:40 > 2:42:45is often not to want to. But it is such a powerful description of what
2:42:45 > 2:42:54led to his campaign for what one might hope would be the Magnitsky
2:42:54 > 2:43:00Amendment number one of which this Bill is at two. A drawback of being
2:43:00 > 2:43:05such a good read is that it is difficult to remember that it is
2:43:05 > 2:43:10fact, not fiction, that is the content, but the fiction is
2:43:10 > 2:43:21terrifying. In my Bill, one refugees earlier this morning, the debate
2:43:21 > 2:43:29focused very much on how we wish our country to be and how we wish it to
2:43:29 > 2:43:35be perceived. Human rights should of course by definition be enjoyed by
2:43:35 > 2:43:46every human being but equally, every human being, no matter how powerful
2:43:46 > 2:43:50should observe them and apply them. Transparency is a very important
2:43:50 > 2:43:56factor in that and so I enthusiastically support this Bill.
2:43:56 > 2:44:06I have one tiny observation with regard to enforcement, which was
2:44:06 > 2:44:10raised by the noble lord, and that is to ask whether immigration
2:44:10 > 2:44:20officers should have the powers without ministerial approval. I am
2:44:20 > 2:44:24not always enthusiastic about giving extra powers to the Home Secretary
2:44:24 > 2:44:31and there is an issue around whether this might amount to political
2:44:31 > 2:44:38intervention in human rights issue, but I believe in the US the
2:44:38 > 2:44:44president is required to submit the Magnitsky list to the appropriate
2:44:44 > 2:44:53congressional committee. I simply raise this as a process issue, not
2:44:53 > 2:45:00in any way opposition. I wish this Bill well, I think it will get a
2:45:00 > 2:45:07better reception from the Government than my beloved dude. Dilip -- my
2:45:07 > 2:45:16Bill did. I want to congratulate my honourable friend on this Bill, on
2:45:16 > 2:45:20which she has been so writes the present which has so far has the
2:45:20 > 2:45:26support of all speakers in this debate. This Bill enables the
2:45:26 > 2:45:36refusal of entry or leave to remain in the UK to non-UK are non-EEA
2:45:36 > 2:45:41nationals who are known to be perhaps been involved in gross human
2:45:41 > 2:45:55rights abuses. One cause defines conduct violation as the Proceeds of
2:45:55 > 2:46:03Crime Act 2002, gross human rights abuse of violation Ahmed. And as has
2:46:03 > 2:46:09already been said, the section of the Proceeds of Crime Act that
2:46:09 > 2:46:12currently stands was inserted into that Act as a result of the
2:46:12 > 2:46:19amendment to the criminal finances Bill 2017 during its passage through
2:46:19 > 2:46:23the House of Commons. The amendment was referred to as the Magnitsky
2:46:23 > 2:46:29amendment after the Russian lawyer, accountant and whistle-blower of
2:46:29 > 2:46:36that name who died in prison in Moscow in 2009. He had uncovered an
2:46:36 > 2:46:43alleged $230 million theft by Russian tax officials who siphoned
2:46:43 > 2:46:46off money to see new Russian Government officials. After going
2:46:46 > 2:46:51public in 2008 with his claims, he was arrested by those whose crimes
2:46:51 > 2:46:56he had uncovered, imprisoned and tortured prior to his death in
2:46:56 > 2:46:59prison, which was shortly before the end of the one-year term during
2:46:59 > 2:47:03which he could legally be held without trial. The amendment to the
2:47:03 > 2:47:08criminal finances Bill in 2070 made provision for asset freezing for
2:47:08 > 2:47:15those involved in gross human rights abuse but there is still no primary
2:47:15 > 2:47:18legislation that deals with Visa bands for perpetrators of human
2:47:18 > 2:47:25rights violations. In 2012, the United States Congress passed the
2:47:25 > 2:47:32Magnitsky Act, which enabled the US Government to ban visas and bar
2:47:32 > 2:47:36people from using the US banking system with individuals connected to
2:47:36 > 2:47:45the case. Then 2016, the Government approved the global Axa, which
2:47:45 > 2:47:51expanded the scope from Russians citizens to individuals who have
2:47:51 > 2:47:53participated in or benefited from corruption or human rights abuses in
2:47:53 > 2:47:59any country. Similar provisions have been adopted in the past two years
2:47:59 > 2:48:05in the stolen, Canada and Lithuania and are currently under development
2:48:05 > 2:48:09in other countries, including France and South Africa. There have been
2:48:09 > 2:48:12questions here in Parliament asking the Government what action it was
2:48:12 > 2:48:17taken to reform immigration rules to address the situation where those in
2:48:17 > 2:48:23positions of power in Russia are stealing money in that country and
2:48:23 > 2:48:27are able to spend or hide it through the purchase of expensive property
2:48:27 > 2:48:30in London or through having their children in the UK for their
2:48:30 > 2:48:37education. The Government's responds to date has been that the current
2:48:37 > 2:48:43immigration rules provide adequate scope to deny entry to perpetrators
2:48:43 > 2:48:47of human rights abuses on the basis that if there is evidence that their
2:48:47 > 2:48:50presence would not be considered conducive to the public good, and
2:48:50 > 2:48:54individual can't be denied entry to the UK as they would have bought
2:48:54 > 2:49:07themselves within grounds for general refusal. The grounds state
2:49:07 > 2:49:10that entry should be refused to a person who is the subject of a
2:49:10 > 2:49:14deportation order your food has been convicted of any offence to which
2:49:14 > 2:49:19they have been converted to a period of imprisonment. The rules also make
2:49:19 > 2:49:23provision for refusing entry to a person on the grounds that their
2:49:23 > 2:49:26conduct, character and association make their exclusion conducive to
2:49:26 > 2:49:31the public good either on the direction of the secretary of state
2:49:31 > 2:49:38or by an immigration officer. The Home Office guidance to immigration
2:49:38 > 2:49:42officials is that if an individual is suspected of crimes against
2:49:42 > 2:49:50humanity, if it is beneficial to the public could not to let a person
2:49:50 > 2:49:57into the UK, you must consider refusal of entry. It is mandatory
2:49:57 > 2:50:01where a prisoner suspected of war crimes or crimes against humanity.
2:50:01 > 2:50:07Could the noble lady and ministers say how many people have been
2:50:07 > 2:50:12refused leave to enter and leave to remain in this country with
2:50:12 > 2:50:17anonymity on the grounds that they has committed close human rights
2:50:17 > 2:50:22abuses and violations under terms of the current violation rules which
2:50:22 > 2:50:26respect to war crimes or crimes against United? The suspicion is
2:50:26 > 2:50:36that this para, under immigration rules, which the Government claims
2:50:36 > 2:50:40is effective, is not being used to any practice even though the 2016
2:50:40 > 2:50:48report by the whole typical home affairs committee referred to money
2:50:48 > 2:50:53being laundered through UK banks each year. That would indicate that
2:50:53 > 2:50:57present immigration rules are not fit for purpose or not as fit for
2:50:57 > 2:51:02purpose as they might be on the issue of denying entry to removing
2:51:02 > 2:51:07perpetrators of gross human rights abuses and naming such abusers. The
2:51:07 > 2:51:12need for specific statutory provision against abuses in the form
2:51:12 > 2:51:16provided for in this Bill is both overdue and clear-cut. We need to
2:51:16 > 2:51:22show in very specific terms to be clear primary statutory provision
2:51:22 > 2:51:25that those who commit such abuses and violations of human rights will
2:51:25 > 2:51:30not enjoy the freedom to enter and remain in this country, including
2:51:30 > 2:51:35for the purposes of spending their stolen money from criminal
2:51:35 > 2:51:40activities with which such abuses and violations, as in the Magnitsky
2:51:40 > 2:51:51case, often associated.
2:51:54 > 2:52:01May I thank the noble lady for bringing forward of this debate.
2:52:01 > 2:52:16Many noble Lords, including my noble friend, have all mentioned that they
2:52:16 > 2:52:25have read the book as have I and the word compelling, and if it was
2:52:25 > 2:52:29fiction, it would certainly be a bestseller, do come to mind. I know
2:52:29 > 2:52:36that the noble lady wasn't present for much of the criminal finances
2:52:36 > 2:52:40Bill but she may be interested to read this section to which she
2:52:40 > 2:52:46referred to as part one today because I think there was some very
2:52:46 > 2:52:56compelling debate at that juncture and she may also, a very recent
2:52:56 > 2:52:59announcement, but my right honourable friend the Home Secretary
2:52:59 > 2:53:05announced a very recently the setting up of the National economic
2:53:05 > 2:53:13crime Centre for the UK, which brings together all the agencies to
2:53:13 > 2:53:18certainly tackle serious fraud and economic crime that takes place.
2:53:18 > 2:53:23This Bill seeks to provide for the refusal and curtailment of leave
2:53:23 > 2:53:28where a person is known to be or have been involved in gross human
2:53:28 > 2:53:33rights abuses. The Government is committed to improving human rights
2:53:33 > 2:53:38across the world by holding states accountable for their human rights
2:53:38 > 2:53:43records and we do take a very strong stance against individuals who are
2:53:43 > 2:53:48known to have committed gross abuses and violations. I absolutely commend
2:53:48 > 2:53:56the noble Lady Baroness Kennedy's wished to wash to protect our
2:53:56 > 2:54:09borders from such individuals. She and my noble friend 's' point have
2:54:09 > 2:54:15thoughts about the naming of individuals. There are compelling
2:54:15 > 2:54:17reasons why individuals that should be named and shamed, but the
2:54:17 > 2:54:21Government has always stated that it won't name individuals and that is
2:54:21 > 2:54:28for this reason, that to do so would alert those not named by their own
2:54:28 > 2:54:32mission that they are of less concern than those who are named,
2:54:32 > 2:54:38and this may in fact not be the case. So naming individuals may also
2:54:38 > 2:54:42alert those named and not named as to the level of information that the
2:54:42 > 2:54:51Government holds on them. In terms of the numbers that the noble lord
2:54:51 > 2:54:57asked about, he will understand that I can't give that number, but it is
2:54:57 > 2:55:02always been the Government's position that further legislation to
2:55:02 > 2:55:07be warranted in this area, there would need to be a real case that
2:55:07 > 2:55:10existing powers were insufficient and I hope that I can demonstrate
2:55:10 > 2:55:13the provisions proposed in the Bill remain unnecessary.
2:55:16 > 2:55:20The government has a range of measures that provide for robust
2:55:20 > 2:55:23action to be taken against individuals, notably involved in
2:55:23 > 2:55:31human rights abuses. And obviously, I can't comment on individual cases,
2:55:31 > 2:55:36some of which are actually subject to exclusion orders. I would like to
2:55:36 > 2:55:38take noble Lords threw the policies and procedures that we have in place
2:55:38 > 2:55:44to prevent those involved in gross abuses from coming to or securing an
2:55:44 > 2:55:54immigration status in the UK. The Home Secretary, as was pointed
2:55:54 > 2:55:58out, has the power to exclude a foreign national if she considers
2:55:58 > 2:56:01that their presence in the UK would not be conducive to the public good,
2:56:01 > 2:56:07or if then exclusion is justified on the grounds of public policy or
2:56:07 > 2:56:13public security. A person may be excluded for a range of reasons,
2:56:13 > 2:56:16including national security, criminality, involvement in war
2:56:16 > 2:56:19crimes, and crimes against humanity, corruption and unacceptable
2:56:19 > 2:56:28behaviour. There's no on exclusion, and a person who is excluded remain
2:56:28 > 2:56:33so until the Home Secretary agrees to lift that exclusion. This also
2:56:33 > 2:56:36means that anyone excluded by the Home Secretary, who applies the
2:56:36 > 2:56:41entry clearance must be refused so long as the exclusion remains in
2:56:41 > 2:56:46force. My Lords, such a power is serious,
2:56:46 > 2:56:50and no decision is taken lightly, all decisions have to be based on
2:56:50 > 2:56:54sound evidence, and must be fortunate, reasonable and
2:56:54 > 2:56:57consistent. The noble Lord, Lord Browne of Eaton under Heywood,
2:56:57 > 2:57:06talked about the test threshold. My lords, the noble Lord, of course, is
2:57:06 > 2:57:10correct in his reference to the test in the immigration rules, decisions
2:57:10 > 2:57:16to exclude must only be taken on a case of sound evidence. The UK
2:57:16 > 2:57:20operates a watch list that is used to flag individuals of concern, and
2:57:20 > 2:57:24those known to be involved in human rights abuses would be included on
2:57:24 > 2:57:37that list. Noble lady, she talked about excluding human rights
2:57:37 > 2:57:40abusers, and it is already the case that those involved in this sort of
2:57:40 > 2:57:47shocking behaviour can be excluded, contrary to the concerns of the
2:57:47 > 2:57:51noble lady, but we can make an express amendment to current
2:57:51 > 2:57:56guidelines to make it absolutely clear that the involvement in gross
2:57:56 > 2:58:04human rights abuses will be grounds for exclusion, that may be helpful.
2:58:04 > 2:58:09The noble lady talked about officers powers, as opposed to the democratic
2:58:09 > 2:58:13process, but in conjunction, I think she meant with the democratic
2:58:13 > 2:58:20process. Border force officers powers derived from the immigration
2:58:20 > 2:58:26act of 1971, particularly those in schedule two, to refuse an entry to
2:58:26 > 2:58:34those that don't qualify for entry to the UK. Yes, of course, the
2:58:34 > 2:58:37democratic process, but I was also concerned this would be unusual for
2:58:37 > 2:58:50it not to be within a context of the executors decision, that was what
2:58:50 > 2:58:52concerned me. Not something that had been unlikely
2:58:52 > 2:58:56at Dover! And I don't think I was making light
2:58:56 > 2:59:01of the noble lady's point, I hope she didn't think that. But my lords,
2:59:01 > 2:59:04it is precisely because each decision to make an exclusion order
2:59:04 > 2:59:09is based on sound evidence and the facts of each individual case that
2:59:09 > 2:59:13it wouldn't be proportionate or reasonable to exclude every national
2:59:13 > 2:59:18of a particular country. The vast majority of them will be law-abiding
2:59:18 > 2:59:22citizens, and engaged in activity which meets the threshold for
2:59:22 > 2:59:28exclusion. I would also like to add that the current sanctions regime
2:59:28 > 2:59:31imposed by the UN Security Council and the Council of the European
2:59:31 > 2:59:36Union adds an additional layer of protection, preventing non-EEA
2:59:36 > 2:59:42nationals of concern from travelling to the UK. International travel bans
2:59:42 > 2:59:46apply to individuals associated with regimes or groups whose behaviour it
2:59:46 > 2:59:51is considered unacceptable by the international community. Were an EEA
2:59:51 > 2:59:57national or family member subject to a UN or EU travel ban, we will
2:59:57 > 3:00:00normally refuse admission to the UK on the grounds of public policy or
3:00:00 > 3:00:06public security. The immigration rules provide for the refusal of
3:00:06 > 3:00:11entry clearance, the refusal of leave to enter, or to remain, and
3:00:11 > 3:00:16the curtailment of leave to a non-EEA national, where that person
3:00:16 > 3:00:21has a criminal conviction, or on the basis of their conduct, character or
3:00:21 > 3:00:24associations, including where there is an independent, reliable and
3:00:24 > 3:00:28credible evidence of their involvement in human rights abuses.
3:00:28 > 3:00:35In the case of EEA nationals, we can refuse admission to the UK when
3:00:35 > 3:00:38public security is engaged. The person must be shown to be a
3:00:38 > 3:00:42genuine, present and sufficiently serious threat to one of the
3:00:42 > 3:00:48fundamental interests of our society, except in exceptional
3:00:48 > 3:00:51circumstances, a foreign national subject to immigration control has
3:00:51 > 3:00:56been convicted of a criminal offence and sentenced to a period of
3:00:56 > 3:00:59imprisonment faces a mandatory refusal of these are all leave to
3:00:59 > 3:01:04enter the UK for a specified period. The length of the prison sentence
3:01:04 > 3:01:09will determine the duration of the ban from the UK. For those persons
3:01:09 > 3:01:13given a prison sentence of four years or more, an indefinite ban
3:01:13 > 3:01:18will apply. Where a person has received a sentence between 12
3:01:18 > 3:01:22months and four years, there is a ten year ban. And for those persons
3:01:22 > 3:01:26with a sentence of less than 12 months, there is a five-year ban.
3:01:26 > 3:01:32This applies to those convicted in the UK or overseas. My lords, the
3:01:32 > 3:01:35government also recognises the importance of distinguishing between
3:01:35 > 3:01:39those entitled to come to the UK and stay here, and those who are not,
3:01:39 > 3:01:43and we have a number of measures to assist with this. For those that
3:01:43 > 3:01:48need a Beazer to come to the UK, the application process requires the
3:01:48 > 3:01:51applicant to declare any criminality or immigration offence, and to
3:01:51 > 3:01:56provide their facial image and fingerprints as biometrics. Entry
3:01:56 > 3:02:00clearance officers are required to check a range of databases,
3:02:00 > 3:02:03including the biometric Home Office and police databases, and this
3:02:03 > 3:02:08allows us to check details of any UK criminal record, and identify
3:02:08 > 3:02:12important information about the applicant's immigration history,
3:02:12 > 3:02:20including any travel ban or exclusion order. And at the border,
3:02:20 > 3:02:22my lords, we undertake similar checks against police, security and
3:02:22 > 3:02:25immigration watch lists, as I have already said, to identify people of
3:02:25 > 3:02:29concern. Border force officers can and do refuse entry if they believe
3:02:29 > 3:02:34a foreign national poses a risk. Finally, the immigration rules
3:02:34 > 3:02:38include provision for leave to remain to be curtailed, and for
3:02:38 > 3:02:43indefinitely to remain to be revoked if we become aware of if a person
3:02:43 > 3:02:48with leave with refugee status has been involved in gross human rights
3:02:48 > 3:02:51abuses. Where a person cannot be removed from the UK, because it
3:02:51 > 3:02:56would breach their human rights, we will consider granting short periods
3:02:56 > 3:03:00of restricted leave. I am grateful for the opportunity to set out the
3:03:00 > 3:03:04wide range of government powers, to deal with those committing gross
3:03:04 > 3:03:09human rights abuses, I don't think the measures proposed by the noble
3:03:09 > 3:03:13lady, Lady Kennedy, are necessary to protect our borders from undesirable
3:03:13 > 3:03:18individuals. I think the individual framework prevents those involved in
3:03:18 > 3:03:22gross human rights abuses from entering the UK, and indeed, goes
3:03:22 > 3:03:26further by injury we can consider an applicant's complete background and
3:03:26 > 3:03:32criminal history when deciding whether or not to grant entry, but I
3:03:32 > 3:03:41thank her for bringing this debate to us today.
3:03:41 > 3:03:45I want to thank everyone that has participated in this debate in
3:03:45 > 3:03:52support of this Bill, and until our last Speaker, it was United, this
3:03:52 > 3:03:57grouping, of speakers, in saying that there is a need for this Bill.
3:03:57 > 3:04:02This is not a question of simply protecting our borders from
3:04:02 > 3:04:06unpleasant persons, this is about sending messages to the world that
3:04:06 > 3:04:10there is no impunity for those who commit crimes of inhumanity. It is
3:04:10 > 3:04:14about making a statement to the world about our views with regard to
3:04:14 > 3:04:19human rights, and those who violate them. I regret greatly that the
3:04:19 > 3:04:23government doesn't see the potency of having such a Bill on the statute
3:04:23 > 3:04:30books. Let me thank those who supported the purpose of this Bill.
3:04:30 > 3:04:34I feel very privileged to be in this House. I feel particularly
3:04:34 > 3:04:38privileged, because it is right, I have friends all around this House,
3:04:38 > 3:04:43this isn't all the benches, they sit over them. I See You all smiling at
3:04:43 > 3:04:48me just now, and I am lucky to have them, my friendships with people
3:04:48 > 3:04:51around this House are sometimes peppered with political difference
3:04:51 > 3:04:58on subjects that we still enjoy, and we still have great friendship. I
3:04:58 > 3:05:02want it known to the world that you are not his beating because of that
3:05:02 > 3:05:06friendship, but because one of the things that we share is our concern
3:05:06 > 3:05:12for the rule of law, our concern for justice. That has brought us
3:05:12 > 3:05:16together today, those of supporting this Bill. It is to say that
3:05:16 > 3:05:21matters, and this is really important, that we, Britain, we come
3:05:21 > 3:05:25in the United Kingdom, take a stance on human rights abuses that happen
3:05:25 > 3:05:29around the world, and when we know they happen, we should refuse entry
3:05:29 > 3:05:36to people who have been party to such egregious crimes. And it is
3:05:36 > 3:05:40shaming, shaming on the government, that we are not prepared to make
3:05:40 > 3:05:44steps. Of course, I anticipated it would be said that there are already
3:05:44 > 3:05:48powers available to the Home Secretary, but we know they are not
3:05:48 > 3:05:54being used. We had Lord Trimble referred to the ways in which we
3:05:54 > 3:05:59have failed. We are now introducing legislation with regard to those
3:05:59 > 3:06:04committing fraud and so on. We are here to talk about people who are
3:06:04 > 3:06:07slaughtering and are prepared to kill to maintain power. People who
3:06:07 > 3:06:12are prepared to rape and to sanction it by others. That is what is so
3:06:12 > 3:06:15disgraceful about the failure of government to make it clear to the
3:06:15 > 3:06:22world what the messages in having legislation of this kind. I say to
3:06:22 > 3:06:28Baroness Faulkner, I was interested to hear about your tour, and perhaps
3:06:28 > 3:06:31you are going to have to organisation or to take people from
3:06:31 > 3:06:38this House, around London, to point out the way in which dark money has
3:06:38 > 3:06:44and is infecting our City and nation, because people are coming
3:06:44 > 3:06:48here because they know they can come and enjoy impunity for the crimes
3:06:48 > 3:06:55they have committed. We should be ashamed, and I say, poor show,
3:06:55 > 3:06:58government, that you are not prepared to take this step. And as
3:06:58 > 3:07:02for the business of saying, and publishing names, that the Alderman
3:07:02 > 3:07:08for that is that those who are not named would therefore be on alert.
3:07:08 > 3:07:12Those who are not named immediately think, am I going to be on the list
3:07:12 > 3:07:17tomorrow? Am I going to be on the list in a month's time? It is an
3:07:17 > 3:07:21persuasive to say this is a reason for not publishing. It is because we
3:07:21 > 3:07:24are providing cover for some of the people unfortunately we do business
3:07:24 > 3:07:31with. For reasons that are still not good enough, when there are people
3:07:31 > 3:07:36that have disgraceful pasts that they are covering up. I wanted to
3:07:36 > 3:07:38referred to Lord Browne's intervention, and I want to thank
3:07:38 > 3:07:44him for it. He is a truly great lawyer, and he raised the important
3:07:44 > 3:07:50issue on the standard of proof. What I referred to in my speech is the
3:07:50 > 3:07:55way in which, for example, there is an independent United Nations panel
3:07:55 > 3:08:01that looks to those who have committed crimes, and does apply
3:08:01 > 3:08:13careful standards, not basing it on suspicion. But we can also look to
3:08:13 > 3:08:16the International criminal Court, which again, in its investigations,
3:08:16 > 3:08:21draws up lists. There are ways of doing this, and I accept we should
3:08:21 > 3:08:25look, if we go further with this Bill, and I do, we can look at ways
3:08:25 > 3:08:30in which we can perfect that in the Bill with amendments when we come to
3:08:30 > 3:08:36committee stage. I want to make it very clear to
3:08:36 > 3:08:40government, there is no suggestion of this being used against all
3:08:40 > 3:08:43citizens of a country because it claims itself to be a democracy.
3:08:43 > 3:08:47That is not the purpose of this Bill, the Bill is to deal with those
3:08:47 > 3:08:52who are believed ship in places, those that give sanction to this
3:08:52 > 3:08:59kind of egregious crime, and it is in no way dealing with those people,
3:08:59 > 3:09:01who themselves are victims, because they happen to be living in
3:09:01 > 3:09:10countries where the leadership behaves in these terrible ways.
3:09:10 > 3:09:14Mention was made of the possibility that something could be done with
3:09:14 > 3:09:19the sanctions Bill. I would urge that one Government. It may be that
3:09:19 > 3:09:23Government can find some part of that Bill that could be expanded to
3:09:23 > 3:09:27cover this, although I suspect they will be an unwillingness to do it.
3:09:27 > 3:09:33This Bill can be perfected, I have no doubt, but the purpose today is
3:09:33 > 3:09:37to say, there should be a Bill and that this Bill should be making it
3:09:37 > 3:09:44very clear to the world that we won't support the Magnitsky Act
3:09:44 > 3:09:49which are coming into being in the United States and Canada, not
3:09:49 > 3:09:52countries that will be casually introducing such legislation but
3:09:52 > 3:09:57because the world needs to take steps to prevent their being
3:09:57 > 3:10:05impunity. I just want to finally say that what we have seen, and I want
3:10:05 > 3:10:11to reiterate what Lord Trimble said, is that this is working and it has
3:10:11 > 3:10:16been a long time in coming. We have talked often over the years about
3:10:16 > 3:10:20the ways in which international law can be expressions of goodwill but
3:10:20 > 3:10:27that was often does not able to be enforced. It is not possible to
3:10:27 > 3:10:31implement our good intentions. This is a way of implementing our
3:10:31 > 3:10:36intentions and it is a way of saying to the world, you cannot come here,
3:10:36 > 3:10:41you will not be able to go to the United States or Canada or Latvia or
3:10:41 > 3:10:48other nations who have signed up for this. And I think we want to be in
3:10:48 > 3:10:52there at the beginning, surely. I want to thank everyone for
3:10:52 > 3:10:56supporting me in this Bill and I would ask that this Bill be given a
3:10:56 > 3:11:10second reading.The contents have it.I beg to move that it will be
3:11:10 > 3:11:15committed to the whole House. As many as are of the opinion, say
3:11:15 > 3:11:23"aye". To the contrary, "no".The content have it. Second reading of
3:11:23 > 3:11:31the Government's local referendum Bill, Lord Balfe.My lords, I beg to
3:11:31 > 3:11:39move that this Bill be now read a second time. Can I begin with a
3:11:39 > 3:11:45couple of personal declarations? Firstly, I am as of today still a
3:11:45 > 3:11:48member of the Venice commission for a democratic elections, which is a
3:11:48 > 3:11:55body of the council partly funded by the Council of Europe. I also have a
3:11:55 > 3:12:02long history, a loss of form in this particular area. It was some 45
3:12:02 > 3:12:09years ago that I became political secretary of the Royal Arsenal
3:12:09 > 3:12:13Co-op, where they used political representation as a method in the
3:12:13 > 3:12:19election. I saw the years that it hadn't bringing many disparate
3:12:19 > 3:12:25groups into the same body to form the policies to carry the co-op for
3:12:25 > 3:12:32road and a solid very clearly because we used proportional
3:12:32 > 3:12:38representation, the other big call abuse first past the post, and they
3:12:38 > 3:12:41spend nearly all of their time fighting each other while we got
3:12:41 > 3:12:48together and managed to work our way forward. I should also declare an
3:12:48 > 3:12:53interest that for many years until circumstances intervened, I was a
3:12:53 > 3:12:57member of the Labour campaign for electoral reform and I would like to
3:12:57 > 3:13:02thank them for slipping me a bit of information which has helped with
3:13:02 > 3:13:06today's debate. We still remain friends, if not in the same party.
3:13:06 > 3:13:12My contention is that if we look at the last 15, 20 years, we have seen
3:13:12 > 3:13:18a shift towards the uses of various forms of proportional representation
3:13:18 > 3:13:27in the election of bodies in the United Kingdom which have
3:13:27 > 3:13:32legislative duties. I base my proposal, which is extremely modest,
3:13:32 > 3:13:37all that asks is that the Secretary of State brings forward a long and
3:13:37 > 3:13:41it is indeed very similar, if not modelled on the Welsh Government
3:13:41 > 3:13:46proposal. Earlier this year, the Welsh Government expressed its
3:13:46 > 3:13:51belief, and I pulled, that councillors should be able to decide
3:13:51 > 3:13:58which voting system to use. And a new consultation document, it said,
3:13:58 > 3:14:02as such, the Welsh Government proposes to make a legislation which
3:14:02 > 3:14:07will allow councils in Wales to decide which voting system best
3:14:07 > 3:14:11reflects the need of their local people and communities. And that is
3:14:11 > 3:14:19all this will attempt to do. It doesn't lay down the system, it
3:14:19 > 3:14:23doesn't even say that local authorities must change the system,
3:14:23 > 3:14:29it's a progressive who and it's a Bill with hurdles. But if I could
3:14:29 > 3:14:40just look at the library brief, if you look at the House of Lords in
3:14:40 > 3:14:46January 2016, we see an argument against PR, saying, it is often a
3:14:46 > 3:14:52mishmash of policies hammered out behind closed doors, which I argue
3:14:52 > 3:14:57are not democratic. But Mike Speirs of the stomach sees it as a policy
3:14:57 > 3:15:02hammered as Britain and closed doors and a mishmash because you tend to
3:15:02 > 3:15:06find that whatever the political grip is, it actually covers quite a
3:15:06 > 3:15:12wide variety of opinions and although on occasions, particularly
3:15:12 > 3:15:16during the past coalition Government, much was made of the
3:15:16 > 3:15:19manifesto, I have to say that throughout most of my political
3:15:19 > 3:15:26life, the manifesto has not been the guiding light and if it has, it was
3:15:26 > 3:15:31used with discretion by people who find bits of the manifesto that
3:15:31 > 3:15:37happen to justify whatever they want to do at any given time. I saw in
3:15:37 > 3:15:44October 2017 there was a debate in the House of Commons and the
3:15:44 > 3:15:49Parliamentary Secretary of the Cabinet Office said that first past
3:15:49 > 3:15:53the post had an advantage because it's less complicated, takes less
3:15:53 > 3:15:58time and resources to administer and is better understood by the
3:15:58 > 3:16:01electorate. If it is better understood, why is it that only 35%
3:16:01 > 3:16:08of the people vote? Maybe what they understand is that in most places,
3:16:08 > 3:16:14their vote photos totally wasted. I'm not sure that that level of
3:16:14 > 3:16:17understanding is actually a justification for keeping the system
3:16:17 > 3:16:22in place. I would say that that level of understanding is equally
3:16:22 > 3:16:28argument for changing the system. But my experience, both in the
3:16:28 > 3:16:33Venice commission but also going back to the 50 years I've been
3:16:33 > 3:16:36around Government, is that parties are very strongly addicted to the
3:16:36 > 3:16:43system that helps them to win. The number of times that I've been
3:16:43 > 3:16:50involved in arguments in both of the parties I've belonged to which have
3:16:50 > 3:16:55actually boiled down to, how can we get this through because it benefits
3:16:55 > 3:17:00our party? Can we get this water brought into the constituency
3:17:00 > 3:17:05because it will probably vote one way or the other way? Very seldom
3:17:05 > 3:17:12are people saying, how can the effect... Reflect the will of the
3:17:12 > 3:17:16electorate, they generally say, how can we ship it so that we will win?
3:17:16 > 3:17:19One of the ways in which you see this, frankly, is the way in which
3:17:19 > 3:17:28local government itself is put together. We have three member
3:17:28 > 3:17:30awards. What on earth is the intellectual justification for the
3:17:30 > 3:17:39number three? Is it maybe a magic Chinese number? I suggest, and all
3:17:39 > 3:17:43the evidence I have talking to people says, that the number three
3:17:43 > 3:17:47is because that's big enough that any local campaign will find it very
3:17:47 > 3:17:54difficult to get elected. And that is what happened in the area I live
3:17:54 > 3:17:58in. I live in probably the most expensive" in the city of Cambridge,
3:17:58 > 3:18:08so clearly it is a safe Labour seat. But it does contain some quite poor
3:18:08 > 3:18:11areas and the paradox is that the Conservatives often get their vote
3:18:11 > 3:18:16is from these more modest areas of the ward. But there is no reason, if
3:18:16 > 3:18:21you look at the warrants in my own city, they make no sense whatsoever.
3:18:21 > 3:18:24They don't bring together communities, they bring together
3:18:24 > 3:18:31numbers. I don't think that they make sense. But what this Bill aims
3:18:31 > 3:18:39to do is allow local government to organise itself. I will confess that
3:18:39 > 3:18:4312-macro occasions in the past 20 years, I have actually voted for the
3:18:43 > 3:18:51Green Party. I voted as a Labour Party MEP for the Green Party
3:18:51 > 3:18:55because I was faced with an election in which the Labour Party put out
3:18:55 > 3:19:01material attacking the education policies which were of course the
3:19:01 > 3:19:04responsibility of the Conservative county council, not the local
3:19:04 > 3:19:11council that the election was fired. The liberal Party put out a leaflet
3:19:11 > 3:19:15attacking the party for health service cuts and the health service
3:19:15 > 3:19:18was also nothing to do with kindred City Council. The Conservatives
3:19:18 > 3:19:24didn't put out any leaflets and when I said, why haven't I had a leaflet
3:19:24 > 3:19:29from you? They said, we have just put up a paper candidate. The Green
3:19:29 > 3:19:34candidates possess a leaflet that was certainly the worst prepared but
3:19:34 > 3:19:38that was a reflection on their resources, not the intellectual
3:19:38 > 3:19:42ability, which said what they would do about cleaning the streets,
3:19:42 > 3:19:47emptying the bins, looking after the local services, shifting the bus
3:19:47 > 3:19:52stop, it is actually talking about the things that matter to us.
3:19:52 > 3:19:56Unfortunately, the Green candidate didn't win the actually does come in
3:19:56 > 3:20:05second. But I also think that turning the electoral system in this
3:20:05 > 3:20:11way would help parties concentrate on what matters to them. And what
3:20:11 > 3:20:15matters locally, because it would give a real incentive. And I have no
3:20:15 > 3:20:20hesitation in saying that I would not wish Cambridge City Council to
3:20:20 > 3:20:25be run by the Green Party but I certainly would like to see them
3:20:25 > 3:20:29represented within the City Council because I think that the ideas they
3:20:29 > 3:20:36put forward in Cambridge reflect their views, and is regularly shoot,
3:20:36 > 3:20:40of around 15% of the population, and they deserve a hearing in the
3:20:40 > 3:20:46council that makes the decisions. And that is up at heart of this
3:20:46 > 3:20:53Bill. There are two safeguards within it. Firstly, 10% of the
3:20:53 > 3:20:56electors must request and referendum, so it can't just be
3:20:56 > 3:21:01sprung on people. There has to be a demand and in order for there to be
3:21:01 > 3:21:06a demand, they would have to be an education campaign. If it was one or
3:21:06 > 3:21:112%, it would be easy, if it's 10%, the parties would have to go out and
3:21:11 > 3:21:18convince people that it was worth having the referendum. Secondly, the
3:21:18 > 3:21:24council would then have to ask for the referendum, so they would be
3:21:24 > 3:21:34eight double .2 job jump over. They would clearly have to be some
3:21:34 > 3:21:39consensus at local level and they would have to be local demand
3:21:39 > 3:21:42through the papers and through a local campaign. This is not
3:21:42 > 3:21:49something that's going to be sprung on people nor, let me say, is it
3:21:49 > 3:21:54something that says what form of PR should be adopted. What it does is
3:21:54 > 3:22:00it gives local government the freedom to look at what sets the
3:22:00 > 3:22:05local area and of course it could decide that the local area is best
3:22:05 > 3:22:11suited with no change at all. It gives that freedom. My own personal
3:22:11 > 3:22:14preference has always been for the additional member system and we
3:22:14 > 3:22:20often forget that the additional member system was actually drawn up
3:22:20 > 3:22:26by the British Labour Government in the 1940s when they wrote what
3:22:26 > 3:22:31became the Constitution of the Federal Republic of Germany. A
3:22:31 > 3:22:40gentleman whose name will be familiar was one of the drafters of
3:22:40 > 3:22:45that constitution. So we have formed when we are dealing with other
3:22:45 > 3:22:49people, what I'm suggesting in this Bill is that we should maybe have a
3:22:49 > 3:22:55bit of form and we are dealing with ourselves. I'm sure we can have a
3:22:55 > 3:22:59lot of debate around systems, that's not the purpose of this very modest
3:22:59 > 3:23:05Bill. The purpose is really to advance us just as far as the Welsh
3:23:05 > 3:23:10Government has already got, to start a debate than to make it possible
3:23:10 > 3:23:17for a change to be initiated at a local level. So I thank noble lords
3:23:17 > 3:23:22for listening to this and I look forward to listening to the debate
3:23:22 > 3:23:24and responding in due course.
3:23:33 > 3:23:37I would like to congratulate and the Lord to giving the House to debate
3:23:37 > 3:23:42electoral reform, be it only one aspect of it by introducing this
3:23:42 > 3:23:46bill. Some noble lords will know that I have previous on this. For
3:23:46 > 3:23:54nearly a decade, I chair... Campaigning for an electoral... We
3:23:54 > 3:24:00were scuppered in the egg and by Nick Clegg's decision to hold the
3:24:00 > 3:24:07referendum on the date of 2011 which made it absolutely certain, what he
3:24:07 > 3:24:13purported to support would go down to defeat. Incidentally, had the AV
3:24:13 > 3:24:17system been in place in the 2017 election, he would almost certainly
3:24:17 > 3:24:23have one at Sheffield Hallam, with the aid of cycling Tory separate
3:24:23 > 3:24:30references. Serve him right. The referendum of 2011 temporarily took
3:24:30 > 3:24:34electoral reform of the national agenda all. I doubt it is gone
3:24:34 > 3:24:44forever. We now have two dominant great national parties, one divided
3:24:44 > 3:24:50over Brexit, the other with a set of policies far more left wing than in
3:24:50 > 3:24:56any time of its recent history and led by a man who is not seen as
3:24:56 > 3:25:02prime ministerial material. First past the post at the next election,
3:25:02 > 3:25:08sadly, accepted we will be able to vote devil or deep blue sea. Any
3:25:08 > 3:25:16other choice is likely to be wasted. The case for an electrical --
3:25:16 > 3:25:21electoral reform in local government is stronger than in national
3:25:21 > 3:25:27government. Party governments partisanship is gradually going out.
3:25:27 > 3:25:31In many places now we have elected mayors, and other places we have the
3:25:31 > 3:25:34executive models of local government where the role of individual
3:25:34 > 3:25:37councillors is more to represent their constituents anti-government.
3:25:37 > 3:25:43Yet we retain first past the post which amongst its many flaws means
3:25:43 > 3:25:52councillors are chosen by parties, not people. Not surprisingly,
3:25:52 > 3:25:58turnout is low, city councils have become and mandates. -- have a week
3:25:58 > 3:26:05mandates. Some administrations have increasingly not been elected by
3:26:05 > 3:26:13first past the post. Mayors aren't... In London for example. The
3:26:13 > 3:26:19Scottish National Assembly members aren't. In Northern Ireland and
3:26:19 > 3:26:22Scotland, STV is used for local elections and the Welsh assembly
3:26:22 > 3:26:29wanted to be used for local elections also. I do not think there
3:26:29 > 3:26:33are many voters who would want a return of first past the post, for
3:26:33 > 3:26:39example for the London mayor. Regrettably our proposal has sneaked
3:26:39 > 3:26:50into the Tory manifesto. Now,... Would lead to an extension of
3:26:50 > 3:26:56reform... I do have some concerns. Firstly, it sets the bar high. 10%
3:26:56 > 3:27:00of local voters have to sign a petition to trigger a referendum.
3:27:00 > 3:27:04Even that is not enough. The council has to agree and there is the
3:27:04 > 3:27:11problem that the council is have a vested interest. They want to retain
3:27:11 > 3:27:14them being councillors. We would love to see the country swept by a
3:27:14 > 3:27:19mass movement for fair votes. But I do not think I should hold my
3:27:19 > 3:27:26breath. Secondly, more fundamentally, I am not a supporter
3:27:26 > 3:27:32of referendums. I believe in representative democracy. Actually,
3:27:32 > 3:27:39with a slight link to aristocracy link to this House, but not
3:27:39 > 3:27:44directly. The last two referendums we have held on electoral reform
3:27:44 > 3:27:53with a low turnout and a very low information seen by the public. On
3:27:53 > 3:27:58Brexit, the consequences of which we are still grappling with. Those two
3:27:58 > 3:28:03referendums have not warmed me to the device. I doubt if local
3:28:03 > 3:28:07referendums on electoral reform would make many hearts beat faster
3:28:07 > 3:28:12and I very much doubt if the majority of electors would choose to
3:28:12 > 3:28:20grapple with the issues involved. Turnout would be... Meanwhile, if
3:28:20 > 3:28:26voters to vote for reform, what reform? Supplementary vote,
3:28:26 > 3:28:31alternative, STV, top up lists? With the top uplift the closed-door
3:28:31 > 3:28:35ribbon? I will not even go into the many varieties of these other
3:28:35 > 3:28:41systems. You cannot resolve a complex set of preferences by a
3:28:41 > 3:28:48single vote. However, there is a form of direct democracy which I am
3:28:48 > 3:28:52much warmer towards and which does have promise as a way forward in
3:28:52 > 3:29:00this way. That way forward is citizen... I am sure all members are
3:29:00 > 3:29:05familiar with what a citizen 's Jerry is. You get together a group
3:29:05 > 3:29:08that is representative of the population and for a day or a
3:29:08 > 3:29:13weekend, they sit together, debate the issue in front of them. And they
3:29:13 > 3:29:18are exposed in dialogue with the key arguments by expats. They deliberate
3:29:18 > 3:29:24and then decide. Often as result of the education process, people change
3:29:24 > 3:29:31their minds. As you remember, one citizen 's Jerry Budd started off
3:29:31 > 3:29:34saying how dreadful the House of Lords was, because it was appointed
3:29:34 > 3:29:38and then they ended up thinking we were about right, so that warmed my
3:29:38 > 3:29:47heart to the device. The Constitution unit at UCL recently
3:29:47 > 3:29:51staged a citizens jury on Europe and the results are released this week.
3:29:51 > 3:29:57Fascinating. Initially, the citizens wanted free trade and less
3:29:57 > 3:30:05immigration, perhaps... But then the experts said no, you can't have your
3:30:05 > 3:30:13cake and eat it. What then? A clear majority prioritised free-trade over
3:30:13 > 3:30:19immigration control. But came as a surprise to me, but they did. I
3:30:19 > 3:30:24would like to see this bill amended, so that either councils can decide
3:30:24 > 3:30:32to hold such a citizen 's Jerry -- citizens' jury. Perhaps 10%, perhaps
3:30:32 > 3:30:37my left could trigger the calling of a citizens' jury. If the citizens'
3:30:37 > 3:30:44jury opted for reform, the law would bring it into being. My own firm
3:30:44 > 3:30:50belief is that in most cases an informed and engaged group of
3:30:50 > 3:30:53citizens would want electoral reform. If not, that is their
3:30:53 > 3:31:04prerogative.I would like to support this bill and congratulate you on
3:31:04 > 3:31:08bringing it. Perhaps it is a tiny brick we might pull out of a
3:31:08 > 3:31:15colossal wall of indifference and very bad democracy. I am sympathetic
3:31:15 > 3:31:19to the noble lord Lipsey was Mike view that a referendum is often not
3:31:19 > 3:31:22a way to settle a very complex issue. I think we have understood
3:31:22 > 3:31:28that with the whole Brexit referendum. At the same time, I'm
3:31:28 > 3:31:32not sympathetic to his view that voters sometimes find things too
3:31:32 > 3:31:35complex or can't be bothered and I would have thought that the voting
3:31:35 > 3:31:39in Alabama this week would have shown us that when a court is just,
3:31:39 > 3:31:42voters will come alive and actually cast their vote and make a
3:31:42 > 3:31:48difference. I am probably one of the few people hearing your Lordships
3:31:48 > 3:31:51house who has actually been elected under PR, but also under first past
3:31:51 > 3:31:55the post. I have to tell you, they were equally difficult. It was
3:31:55 > 3:31:58difficult to get elected as a London assembly member and it was difficult
3:31:58 > 3:32:03to get elected as a local councillor. Honestly, a very
3:32:03 > 3:32:08rewarding experience from both counts. On proportional
3:32:08 > 3:32:11representation, there is always a lively debate. People feel very
3:32:11 > 3:32:15strongly. Quite often one way or the other. Most developments in Britain
3:32:15 > 3:32:21but my constitution have come about through compromise and negotiation.
3:32:21 > 3:32:33Sometimes just an add-on. I do think that Lord Bath's bill offers a
3:32:33 > 3:32:38compromise on allowing proportional representation in in a way that will
3:32:38 > 3:32:42have the vote, will have the support of voters. It doesn't force change
3:32:42 > 3:32:47from above, and it actually allows local people to decide how they let
3:32:47 > 3:32:51their local representatives which I think is excellent. And I would have
3:32:51 > 3:32:56thought this bill fits quite well with the government's declared
3:32:56 > 3:32:59devolution agenda. There is no good reason why local people should not
3:32:59 > 3:33:03be able to choose their own local election system. There is even less
3:33:03 > 3:33:08reason why the government should force fast past the post on a local
3:33:08 > 3:33:12authority if there is public and cross-party support to replace it. I
3:33:12 > 3:33:17do think it would be pretty hypocritical if the government were
3:33:17 > 3:33:21to oppose a referendum on the future of local democracy. Quite a lot is
3:33:21 > 3:33:24made of the will of the people at the moment. We are hearing it on
3:33:24 > 3:33:27both sides of the chamber constantly. Here and in the other
3:33:27 > 3:33:35place. It seems eight not have made of it when it suits people and then
3:33:35 > 3:33:38it is completely negated when it doesn't suit their arguments, which
3:33:38 > 3:33:43is depressing. Even though I voted for leave, because I want to amend
3:33:43 > 3:33:48the bill, I am assumed to be a traitor and an enemy of the people.
3:33:48 > 3:33:52Which I do find very offensive. So you cannot just care about the will
3:33:52 > 3:33:56of the people when it once Brexit and not care about it when it wants
3:33:56 > 3:34:00a local election system to suit itself. The will of the people is
3:34:00 > 3:34:07either sacred or it is not. Of course, as a Green Party member, I
3:34:07 > 3:34:12care very deeply about proportional representation. Because I am well
3:34:12 > 3:34:19aware that our first past the post in the past always predicated a
3:34:19 > 3:34:22strong and stable government. But that is clearly not the case any
3:34:22 > 3:34:30more. It is clear that puppy post has outlived its usefulness. And it
3:34:30 > 3:34:38has become infuriating to watch this particular government in league and
3:34:38 > 3:34:42minority government in league with a very niche party who actually got
3:34:42 > 3:34:46half as many votes as the Green Party in the last election but they
3:34:46 > 3:34:50got ten times as many MPs, I really would like an answer from the
3:34:50 > 3:34:54Minister as to how that is fair or democratic in any way at all. Half
3:34:54 > 3:34:59the number of post and ten times the number of MPs. The Green Party
3:34:59 > 3:35:04policy is that we should have single transferable vote -- vote for
3:35:04 > 3:35:08elections and we can be done in a way that maintains a constituency
3:35:08 > 3:35:13link or a reward link, whichever is more appropriate. Creating a much
3:35:13 > 3:35:19more proportional voting system. But there are a variety of views as to
3:35:19 > 3:35:22which system to use and almost all are better than the current system.
3:35:22 > 3:35:26This bill would allow local communities to decide for
3:35:26 > 3:35:32themselves. It is possible for local authorities to be too strong and
3:35:32 > 3:35:36stable, where you have local authorities that are totally unaided
3:35:36 > 3:35:41by one party. It is easy for that local authority to resist views that
3:35:41 > 3:35:46are quite commonsensical, quite reasonable in lots of ways. But
3:35:46 > 3:35:50because it is in their they resist. And I could name quite a lot of
3:35:50 > 3:35:57councils. For example, Sheffield City Council has a supermajority and
3:35:57 > 3:36:00they have denied a bit by opposition councillors. Simply because they
3:36:00 > 3:36:08can. I do not think that is democratic. And with directly
3:36:08 > 3:36:11elected mayors, I think this has been a very interesting experiment,
3:36:11 > 3:36:16him in London, the mad does have quite a lot of scrutiny, because it
3:36:16 > 3:36:18has a London assembly that is actually a very confident group of
3:36:18 > 3:36:24elected all editions. And I think I can be held an account. In other
3:36:24 > 3:36:28places it is not as easy and I think there is a lot of tweaking that can
3:36:28 > 3:36:33go on with mayors of cities. The balance of power between councillors
3:36:33 > 3:36:37and there was considered to some extent by the Court of Appeal in the
3:36:37 > 3:36:41Doncaster library case in 2013, but there are lots of questions left
3:36:41 > 3:36:46unanswered. The general view is councillors are weakened by where
3:36:46 > 3:36:50there are directly elected mayors. So the mayors have a lot of leeway
3:36:50 > 3:36:54that perhaps they may not used to best effect. We need to shake up our
3:36:54 > 3:37:01political system to break up safe seats, rotten boroughs and political
3:37:01 > 3:37:05monopolies. It is not healthy for democracy when we have those things.
3:37:05 > 3:37:10Turning back to the bill, it is very sensible. Moving forward on an
3:37:10 > 3:37:14important issue. We are told people are tired of politicians and experts
3:37:14 > 3:37:19telling them what is best. We are told the power is being wrestled
3:37:19 > 3:37:23back from cosy elites, we are told politicians must respect the will of
3:37:23 > 3:37:26the people. If we can trust the people on Brexit, then we can trust
3:37:26 > 3:37:34them on virtually anything. So let's try with this bill to start a
3:37:34 > 3:37:38process of making our system more democratic and today there were
3:37:38 > 3:37:43three bills that I would have liked... Three second readings I
3:37:43 > 3:37:48would like to have them. But I don't want to hold lots of time, so I am
3:37:48 > 3:37:53only speaking one of them. If I had some Green compatriots, you would
3:37:53 > 3:37:58have had had to hear from you or the time. I think that is a big enough
3:37:58 > 3:38:01incentive to perhaps get some more green appears here in the House of
3:38:01 > 3:38:10Lords. Thank you. It's always a pleasure to follow the baroness,
3:38:10 > 3:38:15particularly appropriate today, because indeed, she mentioned she
3:38:15 > 3:38:19and I were first elected to the London assembly in the year 2000.
3:38:19 > 3:38:24And what I think whether fat elections ever conducted under
3:38:24 > 3:38:27proportional election system in England. London assembly elections.
3:38:27 > 3:38:33A very appropriate time. Before I forget, I should declare my
3:38:33 > 3:38:39interest, limited though it is, as a vice president of the local
3:38:39 > 3:38:42government Association. I do want to thank the noble lord for introducing
3:38:42 > 3:38:51this bill, it will come as no surprise that the front bench we of
3:38:51 > 3:38:53course welcome any debate on a system of proportional
3:38:53 > 3:39:04representation. I do also have to agree with him that I quote,
3:39:04 > 3:39:07"Parties are all too often addicted to the system that enables them to
3:39:07 > 3:39:12win.
3:39:12 > 3:39:16That is undeniably true, but I want to show from personal experience
3:39:16 > 3:39:22that it is not always true. I was a councillor in the London Borough of
3:39:22 > 3:39:29Sutton for 40 years up until the last elections in 2014. In Sutton
3:39:29 > 3:39:33for the past 32 years, the London Borough Council has been run by the
3:39:33 > 3:39:43Liberal Democrats. Yet at only one election, one council elections
3:39:43 > 3:39:51since 1994 have the Liberal Democrats won less than 80% of the
3:39:51 > 3:39:55council seats, almost literally a 1-party state, and suburban south
3:39:55 > 3:40:01London, particularly to my distress with a majority of people voting
3:40:01 > 3:40:07Leaving the EU referendum, it's not natural love real Democrat
3:40:07 > 3:40:12territory. I am still looking for such territory, but wherever it is,
3:40:12 > 3:40:16it is not in the London Borough of Sutton. I think 32 years
3:40:16 > 3:40:22continuously running the council, most of the time with an absurdly
3:40:22 > 3:40:27large majority, there's a huge falls of confidence the way that the
3:40:27 > 3:40:32Liberal Democrats have run that council over that period. But at
3:40:32 > 3:40:36only two elections in that time have the Liberal Democrats gained more
3:40:36 > 3:40:43than 50% of those, never mind 80% of the votes in the borough. That
3:40:43 > 3:40:48really is not fair to the minority of residents that really would
3:40:48 > 3:40:51prefer to be represented by Conservative or Labour councillors
3:40:51 > 3:40:58or even Green councillors. At the last London borough elections in
3:40:58 > 3:41:012014, the Conservatives got 30% of the vote in Sutton but only nine of
3:41:01 > 3:41:07the 54 councillors, barely half what their vote proportionately would
3:41:07 > 3:41:14have entitled them to. Labour hold 15% yet they have not had a single
3:41:14 > 3:41:22councillor in the London Borough of Sutton since 2002. My lords, I'm not
3:41:22 > 3:41:26too concerned's when the Labour Government were experimenting with
3:41:26 > 3:41:29various different pilot schemes for increasing turnout and voter
3:41:29 > 3:41:34interest in the elections and so on and I was then leader of the
3:41:34 > 3:41:38council, I did propose that Sutton would be willing to count
3:41:38 > 3:41:46Bournemouth conduct the next London borough elections under an STV
3:41:46 > 3:41:52system, provided that the London Borough of Newham, 100% Labour, the
3:41:52 > 3:41:59Royal Borough of Kensington and Chelsea, then a Tory stronghold, if
3:41:59 > 3:42:08they would do the same. My lords, I was not too surprised, that neither
3:42:08 > 3:42:12the then Labour Government nor the two other councils were prepared to
3:42:12 > 3:42:20do that. But I hope it gives a small doubt to Lord Balfe's understandable
3:42:20 > 3:42:26assertion of addiction to the system that helps you win. My concern is
3:42:26 > 3:42:31not so much that the first past the post system is unfair to
3:42:31 > 3:42:36Conservative and Labour parties in Sutton, frankly they are more than
3:42:36 > 3:42:42compensated all over the rest of the country. It is that it is unfair to
3:42:42 > 3:42:46citizens everywhere and that they should always be our first concern
3:42:46 > 3:42:50in judging any electoral system. First past the post is not to use
3:42:50 > 3:42:56the unfair to the citizen, samples carry vastly more weight than others
3:42:56 > 3:43:03and indeed far too many votes carry no weight at all. So that is my
3:43:03 > 3:43:09first principle in considering this issue. The second principle is that
3:43:09 > 3:43:13the system by which representatives are chosen in our democracy really
3:43:13 > 3:43:26cannot be left simply to the women when Bournemouth home. That I think
3:43:26 > 3:43:32is Lord Balfe's point and a weakness in his Bill, that leaving aside the
3:43:32 > 3:43:37shortcomings of referendums and the difficulties of getting the required
3:43:37 > 3:43:42majority of error, the final choice is left to the local authority he
3:43:42 > 3:43:47himself has said in most cases, but not all, they have the greatest
3:43:47 > 3:43:50vested interest in anyone in keeping the system that has got them elected
3:43:50 > 3:44:00in the first place. My lords, the second Quigg hence, we would prefer
3:44:00 > 3:44:07to see a reform that does not in any way give deciding voice to those
3:44:07 > 3:44:10already entrenched in local authorities. We believe that a
3:44:10 > 3:44:17reform of the significance is urgent, effective and popular for
3:44:17 > 3:44:21one group of citizens, it should not be discretionary but universal. That
3:44:21 > 3:44:27brings me to a third possible, the basic building blocks of our
3:44:27 > 3:44:31representative democracy in the United Kingdom should be broadly the
3:44:31 > 3:44:35same unless there are important local circumstances which make that
3:44:35 > 3:44:42undesirable in that particular place. My lords, the huge success of
3:44:42 > 3:44:45the introduction of the fate of proportional representation for a
3:44:45 > 3:44:49local authority elections in Scotland is not just an irrefutable
3:44:49 > 3:44:55argument for the extension of STV to England and Wales but it's also a
3:44:55 > 3:45:00strong case for uniformity. Scottish electorates have a very much better
3:45:00 > 3:45:06chance of seeing candidates they vote for being collected, on average
3:45:06 > 3:45:1275% of such candidates compared with around 50% in the counties. And if
3:45:12 > 3:45:17in Scotland the exercise further preferences, then it rises to 90%.
3:45:17 > 3:45:24That I believe over time, and it will take possibly a generation, it
3:45:24 > 3:45:31will mean that a very minimal delays like many more people will vote for
3:45:31 > 3:45:33positive reasons rather than negative reasons against what they
3:45:33 > 3:45:42don't want. Too often people go to the polling stations if they go to
3:45:42 > 3:45:46the group was told to stop something happening rather than encourage
3:45:46 > 3:45:50something happening but that is not immune interest of healthy
3:45:50 > 3:45:54democracy. Why should only some citizens of the UK have a far more
3:45:54 > 3:46:00democratic system of representation, giving many more voters a direct
3:46:00 > 3:46:05influence on the results of the elections? Just as we believe that
3:46:05 > 3:46:10the extension of the franchise in Scotland to 16 and 17-year-olds has
3:46:10 > 3:46:14been an unqualified success, so we believe that the benefits of
3:46:14 > 3:46:20electoral reform should be available to all citizens of the UK. English
3:46:20 > 3:46:25and Welsh voters deserve just as much to enjoy the benefits of a more
3:46:25 > 3:46:31representative democracy. The STV form of PR in Scottish local
3:46:31 > 3:46:36elections has been an excellent pilot for the rest of the UK and has
3:46:36 > 3:46:42been a huge success by any objective judgment. Northern Ireland has
3:46:42 > 3:46:49benefited from the advantages of STV for over 40 years, Wales is
3:46:49 > 3:46:54currently examining it, why should England and English voters be left
3:46:54 > 3:46:58behind? My lords, I hope this Bill stimulus the Government into action
3:46:58 > 3:47:10but I'm not too optimistic.My lords, I congratulate the noble lord
3:47:10 > 3:47:15Lord Balfe on securing a second reading for his Bill today. I draw
3:47:15 > 3:47:24the House's attention in particular as a councillor in the London
3:47:24 > 3:47:26Borough of Lewisham and as vice president of the local government
3:47:26 > 3:47:31Association. The noble lord also made reference to the Co-op in his
3:47:31 > 3:47:34opening remarks and I have been a member as long as I have been a
3:47:34 > 3:47:40member of the Labour Party, which was 39 years last month. Along with
3:47:40 > 3:47:53my noble friend sitting in this friend House and deep Bill focuses
3:47:53 > 3:48:00on referendums in local systems and is permissive and its aim. It passed
3:48:00 > 3:48:04into law, as you've heard, it would cut require the Government to
3:48:04 > 3:48:09introduce its own Bill to bring into effect the implied attentions of
3:48:09 > 3:48:14this Bill. I'm not particularly happy with that sort of procedure, I
3:48:14 > 3:48:18think that's fairly cumbersome and uses a parliamentary time
3:48:18 > 3:48:22unnecessarily and for reasons we are well aware of, parliamentary time is
3:48:22 > 3:48:26not in plentiful supply at the moment. If the Bill did in fact
3:48:26 > 3:48:30become law, you might as well have done what does requested of the
3:48:30 > 3:48:34Government in the first place. Procedurally, I think it would be
3:48:34 > 3:48:39better to have a sharper Bill than the one before us today. We have
3:48:39 > 3:48:45heard that since 1997 the Government have introduced a variety of voting
3:48:45 > 3:48:52systems into elections in the United Kingdom. We have a closed system for
3:48:52 > 3:48:58elections of members to the European Parliament, supplementary vote
3:48:58 > 3:49:04system for Mears, additional member system is to introduce an element of
3:49:04 > 3:49:10proportionality for the election of the London assembly, Scottish
3:49:10 > 3:49:17Parliament, and the coalition Parliament in the second Scottish
3:49:17 > 3:49:21Government introduce proportional representation in Scotland and we
3:49:21 > 3:49:26have proportional representation in Northern Ireland. The noble lord
3:49:26 > 3:49:32made reference to his contribution today. So there are in fact many
3:49:32 > 3:49:37systems and you could argue that in itself is a problem. I would be in
3:49:37 > 3:49:40favour of cutting down the number of systems that are used to elect
3:49:40 > 3:49:45people to various offices in the United Kingdom. When I cast my vote
3:49:45 > 3:49:51for the Mir of London and the London assembly, I get three ballot papers
3:49:51 > 3:50:00and thought using three different systems, supplementary vote for the
3:50:00 > 3:50:04mayor, first past the post for the constituency member and a closed
3:50:04 > 3:50:11list for the London wide members who are elected on a proportional basis.
3:50:11 > 3:50:15I am aware that the Conservative Party in there, manifesto made a
3:50:15 > 3:50:20commitment to replace the supplementary vote system used for
3:50:20 > 3:50:23mayor and police and crime commission is with the first past
3:50:23 > 3:50:29the post system. I own party's manifesto was silent on the issue of
3:50:29 > 3:50:33voting systems but there was a little and to establish a
3:50:33 > 3:50:37concentration of convention which was overlooked at the question of if
3:50:37 > 3:50:41devolution in England outside London and were power is held and used at
3:50:41 > 3:50:46the present time and if there were changes to structures, consideration
3:50:46 > 3:50:51would have been given to the system of election news different tiers of
3:50:51 > 3:50:57Government. I thought the proposal in the Bill were a fairly cumbersome
3:50:57 > 3:51:02procedure and you want to do what is implied in the Bill, I would be more
3:51:02 > 3:51:05direct and see if we could bring about that change with the Bill
3:51:05 > 3:51:12today. There are few issues and some have been made reference to already.
3:51:12 > 3:51:19In areas that are not... I'm not sure another electoral system is
3:51:19 > 3:51:26helpful, I think we need to reduce the number of systems. I would also
3:51:26 > 3:51:30have preferred that you are clear on this system you want to introduce.
3:51:30 > 3:51:36And ever expanding patchwork of different systems at different
3:51:36 > 3:51:39levels in the same area does not give me the clarity which I think is
3:51:39 > 3:51:46important. In another section, I do not think the position should be
3:51:46 > 3:51:49coming to the Government or Parliament, it should be presented
3:51:49 > 3:51:55and checked by the local authority ready position 60 jeans the
3:51:55 > 3:52:01electoral system. That has happened for the election of mayor and also
3:52:01 > 3:52:07the system to abolish them. There is a double lock that requires the
3:52:07 > 3:52:13Government body to vote for the referendum to see the 10% threshold.
3:52:13 > 3:52:18Maybe that is right or maybe not, but what it certainly is is an
3:52:18 > 3:52:22effective blocking mechanism which could result in very few referendums
3:52:22 > 3:52:32taking place. This is a Bill which needs a day or a two in committee.
3:52:32 > 3:52:39To see how it can be improved before making progress. As I always say
3:52:39 > 3:52:44when I speak on a Friday, this could be done very effectively in the
3:52:44 > 3:52:51Moses room but the Government insists that it is a committee of
3:52:51 > 3:52:54the whole House rather than the grand committee, effectively making
3:52:54 > 3:53:00it very difficult for all but a few of the members bills they support
3:53:00 > 3:53:07making any meaningful progress. That is a real shame. The bills that do
3:53:07 > 3:53:14make progress often initiate any other place, sponsored by backbench
3:53:14 > 3:53:19Conservative MPs and may well be from the Government's off the shelf
3:53:19 > 3:53:25collection that the Government are happy to see brought into law but
3:53:25 > 3:53:28cannot find Government time for. Having said all that, there is not
3:53:28 > 3:53:33to say that the noble lord's Bill doesn't highlight that in some parts
3:53:33 > 3:53:37of the country, things have become very polarised and that has resulted
3:53:37 > 3:53:41in a situation where effective opposition is not possible in many
3:53:41 > 3:53:48town halls. I love the firm belief that any level of Government having
3:53:48 > 3:53:53effective opposition is important and where it is not possible because
3:53:53 > 3:54:03of resulting elections, that can be a problem. Some local authorities
3:54:03 > 3:54:07have sought to try and make some provision by allowing sole
3:54:07 > 3:54:14opposition councillors to table motions or always agreeing to
3:54:14 > 3:54:20formally second motions to enable the debates to take place. I would
3:54:20 > 3:54:25contract to Michael congratulate the council that actually do that. I
3:54:25 > 3:54:29would like to see councillors and the electoral broking, which is a
3:54:29 > 3:54:34benefit of the first past the post system. As I do think there may be a
3:54:34 > 3:54:39think tank that should go and look at how we can address the issue of
3:54:39 > 3:54:41effective opposition and effective challenge in
3:54:47 > 3:54:52Combined opposition of all parts on the council was less than 10% of the
3:54:52 > 3:54:57members. At the moment, this system could have been triggered to bring
3:54:57 > 3:55:02up the opposition to 10% of the membership. This area-wide members,
3:55:02 > 3:55:06to provide some additional challenge. That would enable motions
3:55:06 > 3:55:11to be voted upon. Alternative budgets to be proposed. The actions
3:55:11 > 3:55:15of the majority party to be condemned. And all the other things
3:55:15 > 3:55:20that happen in a local council meeting or should do. It is just the
3:55:20 > 3:55:26thought, a lot of policy but it may be useful with other ideas. I will
3:55:26 > 3:55:32think carefully about the bill and it is likely I will table amendments
3:55:32 > 3:55:37to bring about while seeing improvements to what has been
3:55:37 > 3:55:41proposed today. In conclusion, I think it has been a very useful
3:55:41 > 3:55:53debate and it will be better with the contribution...Can I begin by
3:55:53 > 3:55:57congratulating Lord Balfe on his success on the ballot and this
3:55:57 > 3:56:01interesting debate about alternative means of electing local councillors
3:56:01 > 3:56:05who certainly sparked off a wide variety of ideas. Which I will focus
3:56:05 > 3:56:12on in a moment. We welcome the debate is that he has initiated an
3:56:12 > 3:56:16democratic representation and local government on how he could best
3:56:16 > 3:56:20choose our local leaders in local authorities. It is a long time since
3:56:20 > 3:56:26I have served on a local council. 46 years since I lost my seat on the
3:56:26 > 3:56:30London Borough of Lambeth, which I was elected in 1968 alongside
3:56:30 > 3:56:38Councillor John Major. Much to her surprise alongside... The paper
3:56:38 > 3:56:44candidate in an unwinnable award in Clapham, which my party won. I agree
3:56:44 > 3:56:47with what has been said in this debate about the importance of local
3:56:47 > 3:56:51government. I took this opportunity of paying tribute to councillors of
3:56:51 > 3:56:57all parties who have managed to reduce levels of ground in recent
3:56:57 > 3:57:00years and maintained on the whole good quality services. In some
3:57:00 > 3:57:04cases, increasing public satisfaction. The debate today has
3:57:04 > 3:57:12been underpinned by a desire to ensure popular engagement with this
3:57:12 > 3:57:16important democratic process and to protect the transparency and
3:57:16 > 3:57:20integrity of our system at a local level. Principles which all of those
3:57:20 > 3:57:28who have spoken with support. This is clear across all parties.
3:57:28 > 3:57:31Successfully Labour and Conservative and demonstrations have introduced
3:57:31 > 3:57:34directly elected mayors to some local authorities and for the
3:57:34 > 3:57:37combined authorities, taking on the most significant devolved powers.
3:57:37 > 3:57:45Introduced manners and directly elected commissioners. I take the
3:57:45 > 3:57:48point made by number of speakers that the current system can lead to
3:57:48 > 3:57:53domination by one party with few opposition members. But that
3:57:53 > 3:57:57argument perhaps has less force than when I was on the local authority.
3:57:57 > 3:58:00Because we now have the introduction of an overview of scrutiny
3:58:00 > 3:58:04committees. Which can challenge the executive is not possible with the
3:58:04 > 3:58:09old committee structure I was familiar with. On top of that, we're
3:58:09 > 3:58:12audit committees, offices of the council who have responsibilities
3:58:12 > 3:58:19for lag legality... I also think the nation of safe seats or wards has
3:58:19 > 3:58:22less validity now than it used to with the volatility of the
3:58:22 > 3:58:27electorate. At Parliamentary level, we have seen my party views... We
3:58:27 > 3:58:35have seen Doctor Taylor when... I think the nation of safe seats and
3:58:35 > 3:58:42waters less valid. I think baroness Jones mentioned Sheffield.
3:58:42 > 3:58:45Sheffield, in my memory, was run by three different parties. It is not
3:58:45 > 3:58:51the case parts of the country that are the monopoly of any one
3:58:51 > 3:58:59particular party. But Lord Balfe shared with us his background in the
3:58:59 > 3:59:05co-operative movement, which shaped his views on the electoral reform.
3:59:05 > 3:59:08He mentioned Wales, one of the consequences of devolution is the
3:59:08 > 3:59:13different parts of the UK can go their own way. It doesn't follow
3:59:13 > 3:59:16that because Wales have gone in a particular direction, England as to
3:59:16 > 3:59:23follow. He also mentioned Lord Bamber is. As I understand, there is
3:59:23 > 3:59:28nothing in this bill that will actually affect boundaries. That
3:59:28 > 3:59:32particular issue he has worked hard to be dealt with in a different way.
3:59:32 > 3:59:37He mentioned his support for the Greens. The Greens have shown they
3:59:37 > 3:59:43can win wards under the existing system, and local authorities. I
3:59:43 > 3:59:49would not accept that existing systems is a barrier to what were
3:59:49 > 3:59:57initially small movements. My Mable noble friend and also Lord...
3:59:57 > 4:00:00Favoured the additional member system. If we go down this
4:00:00 > 4:00:04particular route. I think the smaller the boundary, the more
4:00:04 > 4:00:07difficult it is to have additional member system. There is already the
4:00:07 > 4:00:14allegation they are "Second-class citizens" full stop that argument
4:00:14 > 4:00:17has a less validity if you are looking at a regional country. When
4:00:17 > 4:00:21you go down to individual wards, that have additional members were
4:00:21 > 4:00:25sitting for such a small geographical area. I think there
4:00:25 > 4:00:27would be real difficulties in persuading people of their
4:00:27 > 4:00:33credulity. Lord Lipsey, speaking from an unusual position, but on a
4:00:33 > 4:00:39familiar theme, addressed some of the deficiencies in the bill and
4:00:39 > 4:00:44made it clear that he was anti-referendums. He also made the
4:00:44 > 4:00:48point that some of the difficult decisions about the bill have been
4:00:48 > 4:00:52subcontracted to the Secretary of State. Who would have to introduce
4:00:52 > 4:00:54the bill which would address some of these problems. I was interested in
4:00:54 > 4:01:03what is said about citizens' jury. I think his... Would put a huge weight
4:01:03 > 4:01:10on citizens juries on taking important decisions. Baroness Jones
4:01:10 > 4:01:14asked me to answer the question why is it fair that the DUP should have
4:01:14 > 4:01:18so many seats in the green so few? The answer is the country had a
4:01:18 > 4:01:25referendum. The country decided that they wanted to stay with first past
4:01:25 > 4:01:27the post and first past the post produced the outcome that the noble
4:01:27 > 4:01:32Baroness referred to. In her closing remarks, she said we should trust
4:01:32 > 4:01:36the people. If we trust the people, we do have to honour the result of
4:01:36 > 4:01:44that particular referendum. Launched Hope argued generously for a system
4:01:44 > 4:01:48that would give my party more representation in the borough of
4:01:48 > 4:01:53Sutton. Next May, we had to do that on our own, without the benefit of
4:01:53 > 4:01:58his proposed system. Like others, he identified some deficiencies in the
4:01:58 > 4:02:05bill. On the question of turnout, it can be argued both ways. I think I'm
4:02:05 > 4:02:10right in saying when we move from first past the post for the European
4:02:10 > 4:02:15Parliament to the regional list system, turnout fell from what it
4:02:15 > 4:02:19had been on first past the post. It isn't always the case that changing
4:02:19 > 4:02:28system up turnout. Lord Balfe was somewhat dismissive of manifestos.
4:02:28 > 4:02:34But I have to remind him that my party's manifesto, ended his party's
4:02:34 > 4:02:40manifesto, as well, commits us to "Retain the first past the post
4:02:40 > 4:02:47system of voting for Parliamentary systems and extend these systems to
4:02:47 > 4:02:50mayoral elections" in his words, you said Lord Kennedy said he wanted to
4:02:50 > 4:02:55reduce the number of system. That is what my party election manifesto
4:02:55 > 4:03:00does. It wants to move back to first past the post, the system for the
4:03:00 > 4:03:09elections that I have just referred to. But reversing to the speech by
4:03:09 > 4:03:15Lord Black, far from moving towards the system advocated by his bill,
4:03:15 > 4:03:21subject to local... There is commitment in the manifesto to move
4:03:21 > 4:03:24in the opposite direction, which means it is difficult for us to
4:03:24 > 4:03:28support this particular piece of legislation. We want to ensure the
4:03:28 > 4:03:32laws governing our local elections can be understood and applied with
4:03:32 > 4:03:37confidence. On the first past the post, collectors prefer elect their
4:03:37 > 4:03:41preferred candidates for their ward, the system is well understood by the
4:03:41 > 4:03:44electorate, did a straightforward for administrators to deliver
4:03:44 > 4:03:49election results accurately and quickly. And opinion has been
4:03:49 > 4:03:53tested. Arafat had this moment ago. Appetite among the public to move
4:03:53 > 4:03:59from the first past the post is not evident. The referendum in 2011 on
4:03:59 > 4:04:07changing the system of parliamentary electric representation was 67.9%
4:04:07 > 4:04:16against and 32.1% against four. On a turnout of 42.2%. The bill before us
4:04:16 > 4:04:20seems to apply PR rather than the alternative vote and to councils
4:04:20 > 4:04:24rather than Parliament. Nonetheless, significant public support has
4:04:24 > 4:04:30recently been expressed for first past the post. The government's
4:04:30 > 4:04:35position is that local government is local, first past the post ensures a
4:04:35 > 4:04:39clear link between the counsellor and their ward. In a manner that
4:04:39 > 4:04:43systems of PR may not. Local government has a strong tradition of
4:04:43 > 4:04:48having as its essential component of the local council. Between these
4:04:48 > 4:04:51councils represent a spectrum of different local parties and a number
4:04:51 > 4:04:56of councillors represent... In the current system of representation
4:04:56 > 4:05:04facilitate this. Electoral system is a feat achieved PRI more often more
4:05:04 > 4:05:07complex than first past the post. System such as the single
4:05:07 > 4:05:11transferable vote required balance to be counted multiple times in
4:05:11 > 4:05:14order to allocate seats. First past the post entails a relatively simple
4:05:14 > 4:05:19count, which usually only needs to be conducted once. Minimising the
4:05:19 > 4:05:22pressure on the administrative Pope process and possibility of error.
4:05:22 > 4:05:26Elections using first past the post produce lower numbers of rejected
4:05:26 > 4:05:32ballot papers compared to others. Including PR systems. According to
4:05:32 > 4:05:39the electro- commission, the Scottish council elections, using
4:05:39 > 4:05:44STV, 37,498 ballot papers being rejected. As a proportion of total
4:05:44 > 4:05:48ballots cast, nearly six times higher than first past the post in
4:05:48 > 4:05:51the general election. And high numbers of incorrectly completed
4:05:51 > 4:05:56ballot papers placed pressure on administrators by requiring
4:05:56 > 4:06:00administrators adjudication. We have had a useful debate, I thank all
4:06:00 > 4:06:06those who participated. I expressed reservations about the provisions
4:06:06 > 4:06:11within the bill before us today. As indeed have other contributors to
4:06:11 > 4:06:15our debate. We have clearly stated our intention not to move away from
4:06:15 > 4:06:20the tried and tested first past the post system. We have no plays --
4:06:20 > 4:06:24plans to enable change the rating system for elections to English
4:06:24 > 4:06:27local authorities that the bill before us could provide fault. Nor
4:06:27 > 4:06:33indeed does the government proposed to impose the legislation suggested.
4:06:33 > 4:06:38I'm sorry to have to close my speech remarks which I know my friend will
4:06:38 > 4:06:44find disappointing.Can I thank the noble lords who have intervened in
4:06:44 > 4:06:51this debate. I have honestly missed something regarding the noble lord
4:06:51 > 4:06:55Lord Lipsey, he was in a different position. I do not know if this is
4:06:55 > 4:07:01indicative of something wider. But I do know that track record years ago
4:07:01 > 4:07:07arguing in the Labour...Says there seems to be about some mystery about
4:07:07 > 4:07:12this, I will clarify I have moved to be a non-affiliated peer is acting
4:07:12 > 4:07:19to the deputy chairmanship of the charity. Act, which is nonpartisan.
4:07:19 > 4:07:25OK, right. That simplifies one thing. I was scared to say, many
4:07:25 > 4:07:29years ago, I remember arguing within the Labour campaign for electoral
4:07:29 > 4:07:32reform that this was a very good idea, because it would enable us to
4:07:32 > 4:07:39get rid of some people. And I see to remember Jeremy Corbyn and I was
4:07:39 > 4:07:45told don't be silly, he is never going to get anywhere in our party.
4:07:45 > 4:07:50Of course, as a serious point, one of the advantages of proportional
4:07:50 > 4:07:55representation is that it does sharpen up parties and you see this
4:07:55 > 4:08:01in European Parliament, where I was 25 years. That both the left and the
4:08:01 > 4:08:04right, the effectively gone up off into their own parties. Where have
4:08:04 > 4:08:11influence that Sodom power. This has its downside have you seen recently
4:08:11 > 4:08:16in the German elections, where to next and the parties come too far
4:08:16 > 4:08:22into the middle, but it also has its upside in that it does get rid of
4:08:22 > 4:08:26some people. As you might say, you wouldn't want to take home to team
4:08:26 > 4:08:34for mother -- with mother. Thank you to the Lord Lipsey. I take all the
4:08:34 > 4:08:38points, you cannot draft a bill like this that is perfect. That is why I
4:08:38 > 4:08:42dropped it something very short, giving the Secretary of State the
4:08:42 > 4:08:46job of doing things. Because at the back of my mind, I was very mindful
4:08:46 > 4:08:53of the fact that since 1999, which is some way away, only ten bills
4:08:53 > 4:09:00introduced into this House have become law anyway. None for the last
4:09:00 > 4:09:04two years and having been drawn as number 15 in the ballot, I wasn't
4:09:04 > 4:09:10exactly thinking that I was storming towards legislative glory with this
4:09:10 > 4:09:14particular bill. So it was drafted very simply in order to initiate a
4:09:14 > 4:09:19debate.
4:09:19 > 4:09:25in I was very pleased to the comments of my good friend. Overall,
4:09:25 > 4:09:29my view is that some form of devotional live visitation with the
4:09:29 > 4:09:33owner fans and the present system. The reason for giving some toys in
4:09:33 > 4:09:37the Bill was because everybody falls out about what the best system would
4:09:37 > 4:09:44be. But I'm afraid I find it very difficult to believe that a series
4:09:44 > 4:09:49of 1-party states is the best way to run local democracies, it's as
4:09:49 > 4:09:54simple as that. I accept that the Greens may have won in Brighton but
4:09:54 > 4:10:00they have got nowhere in my city of Cambridge, despite regularly getting
4:10:00 > 4:10:04well into double figures in the vault. They always gets between 50%
4:10:04 > 4:10:16and 20% of the vote and the deserve some seats. -- 15% and 20%. The
4:10:16 > 4:10:19council is at the moment divided between a resurgent Labour Party
4:10:19 > 4:10:26that is not going to win in Cambridge, losing Cambridge, until
4:10:26 > 4:10:30Labour wins in Government, and then of course it will all start to swing
4:10:30 > 4:10:36back again. The other party in Cambridge is the Liberal party that
4:10:36 > 4:10:42used to control the city but has gradually slipped downwards. But
4:10:42 > 4:10:46this is not a local democracy, this is just a reflection on what happens
4:10:46 > 4:10:57nationally. But I think the Baroness for Commons. I'm glad you had 32
4:10:57 > 4:11:01years in control of Saturn but I'm not sure that's going to last that
4:11:01 > 4:11:12much longer, either. But we will see. On the noble lord Lord Kennedy,
4:11:12 > 4:11:18he asked for a sharper Bill. I think I have dealt with this, you can
4:11:18 > 4:11:23never be right. A sharper Bill would have missed a lots of things out.
4:11:23 > 4:11:29The noble lord mentioned being clear about the system, but we use
4:11:29 > 4:11:33allsorts of systems. I've got in building society elections on one
4:11:33 > 4:11:39system, I vote for my club election on a nervous system, I vote for the
4:11:39 > 4:11:44Royal statistical Society executive on another one, and regularly
4:11:44 > 4:11:48ballots dropped through my door and inviting me to vote by post for the
4:11:48 > 4:11:53various bodies I'm in and they have many different systems between them.
4:11:53 > 4:11:57Funnily enough, I managed to understand them. As to a loss of
4:11:57 > 4:12:01other people that vote in them, so I don't think a lack of understanding
4:12:01 > 4:12:08of the problem. I listened with interest about the minister has to
4:12:08 > 4:12:12say and I appreciate that the Government has a very different
4:12:12 > 4:12:18position to me. Indeed, it has not escaped my notice that there is not
4:12:18 > 4:12:25a single Conservative speaker in support of this Bill. I recognise it
4:12:25 > 4:12:30as a minority sport, it was in the Labour Party and is even more so in
4:12:30 > 4:12:34the Conservative Party, but nonetheless, it is an idea whose
4:12:34 > 4:12:41hour is coming and as I see this moving forward, I think that you
4:12:41 > 4:12:47have to say, well, who has adopted first past the Post recently? No
4:12:47 > 4:12:51one. Who has moved to systems of proportional representation? Quite a
4:12:51 > 4:12:56lot of people, and when you look at new systems, there is invariably a
4:12:56 > 4:13:04demand for that. So I think thank noble lords and ask the House to
4:13:04 > 4:13:08give it a second leading and look forward to it being the law of the
4:13:08 > 4:13:14land, but probably not in my lifetime.As many as are of the
4:13:14 > 4:13:22opinion, say "aye". To the contrary, "no". The content have it.My lords,
4:13:22 > 4:13:29I moved that this Bill be moved to a committee of the whole House.. The
4:13:29 > 4:13:40content have it.My lords, I beg to ask that the House now adjourn.The
4:13:40 > 4:13:46House is now adjourn.
4:14:33 > 4:14:43Today, President Trump fulfilled one of his key election pledges.They
4:14:43 > 4:14:53are calling at the Brexit election. This is a much more dangerous world.
4:14:53 > 4:15:04Making sense of the stories shaping our world.
4:15:29 > 4:15:37I beg you to ask the question set down.My lords, the budget has
4:15:37 > 4:15:43provided a very significant impact for the north-east of England,
4:15:43 > 4:15:47transforming cities on the Tees Valley and an investment fund of 600
4:15:47 > 4:15:54million over 30 years as part of the devilish deal for the north of time.
4:15:54 > 4:15:58My lords, the funding for the Tyneside Metro is welcome. The big
4:15:58 > 4:16:04announcement in the budget was a half baked and does the Minister
4:16:04 > 4:16:09realise it has none of the transport, health and social care
4:16:09 > 4:16:15powers, and still less the social funding and other counties like
4:16:15 > 4:16:18Manchester, it has a boundary cutting rates through the middle of
4:16:18 > 4:16:26Tyneside and focuses on the election that very few people want. What, if
4:16:26 > 4:16:32anything, while the steel do for the rural areas of Northumberland so
4:16:32 > 4:16:39often outvoted on the Tyneside areas on which the student focus?The
4:16:39 > 4:16:43rolling stock and some 40 years out of date. It is 40 years old and not
4:16:43 > 4:16:51as real viable as it should be on the new stock will make it better.
4:16:51 > 4:16:56As far as the dealers concerned, for those not familiar with the stories
4:16:56 > 4:16:59of four, seven local authorities in the north-east approach the
4:16:59 > 4:17:04Government under the umbrella of the north-east combined authority for a
4:17:04 > 4:17:08devolution deal and this was in accordance with the Government's
4:17:08 > 4:17:11wish to decentralise decision-making and give local areas more powers and
4:17:11 > 4:17:17resources. Halfway through the discussions, four of those local
4:17:17 > 4:17:21authorities with crew and those who understand the social political
4:17:21 > 4:17:25dynamics of the north-east and the tribal tensions of the time we
4:17:25 > 4:17:34understand why, but I don't. The decision for the Government was
4:17:34 > 4:17:38whether the three remaining authorities, Northumberland,
4:17:38 > 4:17:43Newcastle, and North Tyneside should go ahead. They want to proceed, so
4:17:43 > 4:17:45do the business community and so does the local enterprise
4:17:45 > 4:17:50partnership. For those reasons, the Government is minded to proceed
4:17:50 > 4:17:54under the ball now rest in the Court of the local authorities to go
4:17:54 > 4:18:02through the statutory consultation. Well my noble friend agree?
4:18:05 > 4:18:10interest as a member of one of the tribes in question. Educational
4:18:10 > 4:18:20attainment is the key contributor to economic attainment. Many children
4:18:20 > 4:18:25are living in poverty, more than the national average. While the
4:18:25 > 4:18:30Government now seek to improve the life chances of these children by
4:18:30 > 4:18:33replicating in the north-east of the very successful London challenge
4:18:33 > 4:18:38were transformed education in the capital?I have no objection at all
4:18:38 > 4:18:42to rolling out from successful experiments in London or anywhere
4:18:42 > 4:18:47else to other parts of the country that could benefit from them. So far
4:18:47 > 4:18:51as the north-east is concerned, there was quite a lot in the budget
4:18:51 > 4:18:59to help the north-east on House, healthy local health, transport.
4:18:59 > 4:19:05Adult education would be devolved to the new combined authority. On the
4:19:05 > 4:19:08specific question, perhaps I could take advice from the colleagues and
4:19:08 > 4:19:14come back to him.Well my noble colleague agreed that there is money
4:19:14 > 4:19:20in the Budget and the industrial strategy to improve connectivity
4:19:20 > 4:19:25general areas? Will he ensure these measured our use across the whole of
4:19:25 > 4:19:37the north of England to ensure that the access to the broadband is
4:19:37 > 4:19:41improved to enable these rural businesses to compete?I entirely
4:19:41 > 4:19:45agree. She will know that the industrial strategy, that was
4:19:45 > 4:19:50launched at the same time as the budget promised to make the UK a
4:19:50 > 4:19:55more connected country with high speed, fixed and mobile access
4:19:55 > 4:19:59available in all areas, including rural areas, and also aiming to make
4:19:59 > 4:20:03decisions on infrastructure and more geographically balanced, so that is
4:20:03 > 4:20:06at the heart of the industrial strategy. She will have an
4:20:06 > 4:20:13opportunity to develop her arguments after Christmas.The support
4:20:13 > 4:20:26mentioned by the noble lord, the Minister,'s... The noble lord may
4:20:26 > 4:20:32not have a handle on the conflicts in the north-east. I have a slightly
4:20:32 > 4:20:36better handle on the tribal conflicts in Yorkshire. There is a
4:20:36 > 4:20:42real worry now that the whole of the east of the Pennines is losing out
4:20:42 > 4:20:47in relation to resources that would otherwise be available if elected
4:20:47 > 4:20:52mayors in the city regions east of the Pennines had actually been
4:20:52 > 4:20:55carried through. If they were to occur in the months ahead, with the
4:20:55 > 4:20:59noble lord give an assurance that the resources which are earmarked
4:20:59 > 4:21:05for those authorities with the letter players will be available and
4:21:05 > 4:21:11backdated for and authorities that move forward with unelected mayor in
4:21:11 > 4:21:17the way he has described?There is a Sheffield regional city devolution
4:21:17 > 4:21:25deal with unelected mirror. That is in the process of being set up with
4:21:25 > 4:21:28unelected Labour election scheduled for May next year. If other parts of
4:21:28 > 4:21:31Yorkshire want to approach the Government and offer a similar
4:21:31 > 4:21:38devolution deal, of course we would listen. I think my colleagues in the
4:21:38 > 4:21:42Treasury might pause before signing up to backdated deals. What we don't
4:21:42 > 4:21:48want to do is have an all Yorkshire deal which would undermine the deal
4:21:48 > 4:21:52going ahead with Sheffield city region. Any work that the noble lord
4:21:52 > 4:21:56can do to encourage more authorities to come forward with devilish and
4:21:56 > 4:22:01deals, the Government would listen to them very warmly.The Minister is
4:22:01 > 4:22:07quite right to welcome the support that has been given to the
4:22:07 > 4:22:12north-east and in particular the support for Teesside, where the
4:22:12 > 4:22:17steelworks are being closed and work in a Conservative mayor has been
4:22:17 > 4:22:21working closely with the Labour authorities to ensure the success of
4:22:21 > 4:22:26that approach to the Government. The position on Tyneside is quite
4:22:26 > 4:22:29disastrous. I was chairman of the Port of Tyne authority for a number
4:22:29 > 4:22:34of years and within international passenger terminal on one side of
4:22:34 > 4:22:38the river and dogs on the other side of the river, working with different
4:22:38 > 4:22:43authorities working across the river will be most difficult. While he
4:22:43 > 4:22:46seeks to do whatever he possibly can to bring the river authorities on
4:22:46 > 4:22:50the south side of the river to join their colleagues on the north of the
4:22:50 > 4:22:56river in order to set up a single authority for the whole area?He may
4:22:56 > 4:23:01have more influence than I- seeking the reconciliation that he promotes
4:23:01 > 4:23:05in view of his knowledge and commitment to the area. On Tees
4:23:05 > 4:23:12Valley, Chancellor announced £123 million of new funding to ensure the
4:23:12 > 4:23:16ongoing safe and secure management of the former steelworks and I
4:23:16 > 4:23:23welcome the close working between the mayor and the local authority.
4:23:23 > 4:23:27On the north-east, on Tyneside, whether it is too late for the
4:23:27 > 4:23:31authorities to change their mind, I don't know, but obviously we would
4:23:31 > 4:23:35like to go ahead with the previously proposed authority with all seven
4:23:35 > 4:23:44local authorities involved.I beg leave to ask the question with my
4:23:44 > 4:23:47name on the order paper and declarer.
4:23:53 > 4:23:55Allegations of noncompliance act seriously regardless of where it
4:23:55 > 4:24:00takes place in the world. HRC are is looking very closely at information
4:24:00 > 4:24:04the icy AJ has publicly released in the Paradise papers to see if it
4:24:04 > 4:24:07reveals anything new. That could add to the existing needs and
4:24:07 > 4:24:12investigations.If that the government may be looking closely,
4:24:12 > 4:24:15but they have looked closely at it for a long time with very limited
4:24:15 > 4:24:20action. When will the government accept there is a deep anger amongst
4:24:20 > 4:24:26taxpayers in this country about the revelations about the rich and
4:24:26 > 4:24:31powerful are able to get away with aggressive tax avoidance. And also
4:24:31 > 4:24:36the transparency is the best antidote. Will the government giving
4:24:36 > 4:24:41six to date by which the overseas territories and the dependencies
4:24:41 > 4:24:45will have to open a public register of the beneficial interests,
4:24:45 > 4:24:51beneficial ownership within their jurisdiction?You're right, we have
4:24:51 > 4:24:58acting for a very long time. And since 2010, we have introduced
4:24:58 > 4:25:02almost 100 measures. That is more than a combined health budget that
4:25:02 > 4:25:06for England, North Ireland and Scotland. We have one of the lowest
4:25:06 > 4:25:09tax gaps in the world, one of the lowest on record in this country. We
4:25:09 > 4:25:13have been working very hard and it was very seriously and we will
4:25:13 > 4:25:17continue to do so. As we go on to overseas territories and Crown
4:25:17 > 4:25:21dependency, again and has been taken very seriously, again two weeks
4:25:21 > 4:25:25ago... The Prime Minister stressed the importance of this, we already
4:25:25 > 4:25:31have central registers in four of those authorities, including
4:25:31 > 4:25:39Bermuda... And in terms of Montserrat... They will publish
4:25:39 > 4:25:42registers, they will have registers by April next year. And in relation
4:25:42 > 4:25:47to tax and... They have been particularly affected so they have
4:25:47 > 4:25:52been given extra time. But we are clear action needs to be taken.The
4:25:52 > 4:25:58Council of the European Union meeting in Brussels, week last
4:25:58 > 4:26:00Monday, issued their blacklist of tax havens and their conclusions
4:26:00 > 4:26:03reveal that a number of British dependencies and overseas
4:26:03 > 4:26:08territories on the greatest have entered into commitments of the EU
4:26:08 > 4:26:16to implement tax governance principles. Specifically Bermuda,
4:26:16 > 4:26:21the Cayman Islands, Guernsey, the Isle of Man and Jersey have
4:26:21 > 4:26:25undertaken to address concerns about the tax regimes which produce
4:26:25 > 4:26:29profits without real economic activity. Does the government
4:26:29 > 4:26:35support the EU in this initiative and will it impose the same
4:26:35 > 4:26:37sanctions on long compliant countries as the EU proposed after
4:26:37 > 4:26:44Brexit?We certainly support the work undertaken in producing this
4:26:44 > 4:26:48report. And the whole process, we have been at the forefront of this.
4:26:48 > 4:26:57We recognise the statements made about long commitment of those
4:26:57 > 4:27:00jurisdictions which are cooperative. That is a very important point to
4:27:00 > 4:27:05stress. None of the Crown dependencies or territories were
4:27:05 > 4:27:09under the list of noncooperative. They were all on cooperative lists
4:27:09 > 4:27:14and it has been identified as the areas they want to take action and
4:27:14 > 4:27:19they we are fully supportive of it. My lords, the disinformation
4:27:19 > 4:27:22surrounding this issue is staggering. As is the confirmation
4:27:22 > 4:27:26of illegal tax evasion, lawful tax avoidance and money laundering.
4:27:26 > 4:27:33Would my friend the Minister agree that the new gold standard of
4:27:33 > 4:27:36proactive reporting and transparency in favour of tax authorities in
4:27:36 > 4:27:41respect of the capital income of any legal person, trust individual using
4:27:41 > 4:27:47the financial services industry is in fact it Cayman Islands?Well, the
4:27:47 > 4:27:51Cayman Islands are one. They have work to do as all jurisdictions. In
4:27:51 > 4:27:59this area. To meet the standards set down. It is true to say in terms of
4:27:59 > 4:28:02the Cayman Islands that with their centrally held register, they are
4:28:02 > 4:28:06going above and beyond what is required by the financial action tax
4:28:06 > 4:28:12falls. We are certain we want to make sure all UK citizens pay all
4:28:12 > 4:28:22tax due by them. Whether held in the world -- wherever it is held in the
4:28:22 > 4:28:26world. We intend to ensure all jurisdictions holder that.Given the
4:28:26 > 4:28:33level of public shock at what was revealed in the Paradise papers, the
4:28:33 > 4:28:41ministers answers today follow the pattern the same emergent pattern of
4:28:41 > 4:28:46recent years. Well, we are doing what we can, we are getting certain
4:28:46 > 4:28:55proceeds, and yet, what the Paradise papers reflected, it's a massive
4:28:55 > 4:29:01scale, whole range of individuals and companies who owe tax. ...
4:29:01 > 4:29:08Putting themselves under the jurisdiction of these islands and
4:29:08 > 4:29:13escaping taxation which is owed to this country. I do ask the Minister
4:29:13 > 4:29:19to respond to the questions my noble friend asked. With a degree of
4:29:19 > 4:29:27forthrightness.I think the question was about publicly registered. The
4:29:27 > 4:29:34UK is the first major economy to issue a public register, a foreign
4:29:34 > 4:29:39owned companies. The UK is leading in this, a commitment given at the
4:29:39 > 4:29:41global anti-corruption Summit which David Cameron actually initiated,
4:29:41 > 4:29:48which took a land mark innings. It is not required that others have to
4:29:48 > 4:29:54make sure it is a public register. Another jurisdictions, it has to be
4:29:54 > 4:29:59available to tax authorities and also to security authorities in the
4:29:59 > 4:30:02case of counterterrorist finances. That is what is happening. In those
4:30:02 > 4:30:05jurisdictions at the present time. There is still more to be done and
4:30:05 > 4:30:12we are far from complacent about it. Does the Minister think this
4:30:12 > 4:30:16proposal will go away, we have problem with defence and security of
4:30:16 > 4:30:19overseas territories and we are so few ships now we can't do it and if
4:30:19 > 4:30:22we are unable to actually defend them, maybe they should no longer be
4:30:22 > 4:30:28British Overseas Territories?The overseas territories and the Crown
4:30:28 > 4:30:31dependencies are very important part of the British family and will be a
4:30:31 > 4:30:33part of global Britain going forward. It is very important that
4:30:33 > 4:30:39it is part of that family that everybody works together to ensure
4:30:39 > 4:30:43those people who have assets held overseas actually make sure they are
4:30:43 > 4:30:46reported in an accurate and timely way to the tax authorities of their
4:30:46 > 4:30:58countries.I'd like to draw houses attention to my declared interests.
4:30:58 > 4:31:06My lords, the transfer of responsibilities is designed to get
4:31:06 > 4:31:10higher education providers... Equality act. There are many
4:31:10 > 4:31:14specifications in that act, on exclusivity and good practice. The
4:31:14 > 4:31:17experience of disabled students in higher education is of equal
4:31:17 > 4:31:21importance is about non-disabled students and we will continue to
4:31:21 > 4:31:25review the need of best actors guidance as necessary.My lords,
4:31:25 > 4:31:32thank you the noble Minister for that reply. May I ask, if the
4:31:32 > 4:31:36surgeon nation has ripped through improved since we did the higher
4:31:36 > 4:31:41education Bill? -- the situation. When I was looking at higher
4:31:41 > 4:31:46education as a route to excellence paper, there was no guidance in it.
4:31:46 > 4:31:51When asked where it was, I was told an official we would entrust the
4:31:51 > 4:31:58courts to sort it out. In a subsequent meeting, I was told by
4:31:58 > 4:32:02the disabled student sector leadership group under Professor
4:32:02 > 4:32:07layout which was the author of it, don't worry, almost half the
4:32:07 > 4:32:15institutions have a policy in place. How can his students navigate the
4:32:15 > 4:32:19system? And what do they do if something goes wrong without having
4:32:19 > 4:32:22to take the full weight of a legal challenge on the rain-soaked
4:32:22 > 4:32:34shoulders? -- on their shoulders. Can I just say, there are a number
4:32:34 > 4:32:41of good guidance is available from the disabled sector leadership
4:32:41 > 4:32:45group, the office for the Independent adjudicator and achieve
4:32:45 > 4:32:48AA has also issued guidance for inclusivity across teaching,
4:32:48 > 4:32:56learning and assessment. And hefty have also undertaken their own
4:32:56 > 4:33:01review and there was a 76% response and there is more to do, but higher
4:33:01 > 4:33:07education providers have got the message and they are looking at what
4:33:07 > 4:33:10more they need to do in order to provide the right facilities for the
4:33:10 > 4:33:20disabled students.Schoolchildren with disability and autism are
4:33:20 > 4:33:23excluded by many of their peers throughout their school life and
4:33:23 > 4:33:25teachers are not often equipped to be able to help and resolve
4:33:25 > 4:33:30problems. Can I ask, what is the government doing to ensure this
4:33:30 > 4:33:32experience does not continue when these young people into higher
4:33:32 > 4:33:38education?As mentioned before, there are specific duties laid out
4:33:38 > 4:33:41under the equalities act 2010 and I think the noble lord was referring
4:33:41 > 4:33:46to schools, let's talk about schools and higher education institutions.
4:33:46 > 4:33:51There are clear remit down for them to adhere to ensuring that all of
4:33:51 > 4:33:58them are looked after properly. Challenges to students with
4:33:58 > 4:34:03disabilities such as dyslexia, low vision and blinders is the
4:34:03 > 4:34:08accessibility of academic text books and journals. With the advent of
4:34:08 > 4:34:14digital technology, this problem is now solvable. Indeed, in the United
4:34:14 > 4:34:18States, universities now require publishers to provide textbooks that
4:34:18 > 4:34:22meet accessibility standards. The problem with the transfer of
4:34:22 > 4:34:28responsibility for student support is that UK universities do not know
4:34:28 > 4:34:32what is possible or how to make it available. With the minister be
4:34:32 > 4:34:38willing to convene a Round Table involving the University
4:34:38 > 4:34:41authorities, publishers and representatives of disabled people
4:34:41 > 4:34:45with knowledge of good practice in this area in order to put a system
4:34:45 > 4:34:49in place that would provide a final solution to the problem of making
4:34:49 > 4:34:55academic material accessible.The best answer I think I can give is
4:34:55 > 4:35:02that I will pass his question and his request on to Joe Johnson. And I
4:35:02 > 4:35:07am sure he will look at that carefully. Also, one of the
4:35:07 > 4:35:14important parts of policy is to ensure institutions are able to
4:35:14 > 4:35:19decipher -- decide for themselves how to best look after the needs of
4:35:19 > 4:35:23dyslexic students. At the House will know, very greatly in size and the
4:35:23 > 4:35:26type of course they offer and within the institutions, there is great
4:35:26 > 4:35:30variation on the way the course is delivered. Disabled students
4:35:30 > 4:35:33themselves very greatly in the type and level of support they need. We
4:35:33 > 4:35:41do think the autonomy... So usually debated should be left to that
4:35:41 > 4:35:49extent.My lords, it makes little sense is somebody who has been
4:35:49 > 4:35:54clinically diagnosed with dyslexia through school then has to be
4:35:54 > 4:35:58reassessed at university for dyslexia. Therefore, I'm very
4:35:58 > 4:36:04grateful to the noble lord Lord Accu who wrote to me to say this will be
4:36:04 > 4:36:12reviewed. Can my noble lord -- noble friend and say in terms of the
4:36:12 > 4:36:22review and when this review will be completed?Indeed. I am aware of the
4:36:22 > 4:36:28note made. But the review will start to take evidence from those invited
4:36:28 > 4:36:32early in the New Year and we hope the review will report that in a few
4:36:32 > 4:36:37months. Little bit more detail, it will consider the evidential
4:36:37 > 4:36:40requirements for students applying for disabled student allowances with
4:36:40 > 4:36:44specific learning difficulties and particularly for those with
4:36:44 > 4:36:52dyslexia.He is relying on the autonomy of universities and various
4:36:52 > 4:37:00bits of guidance, but has Lord Adler has said, by July, barely half of
4:37:00 > 4:37:06universities actually had a policy in place. The experience of students
4:37:06 > 4:37:10will be very variable where they have a disability and where they
4:37:10 > 4:37:16need special requirements. I would ask the Minister because the
4:37:16 > 4:37:21universities are producing such a patchy performance, we need to have
4:37:21 > 4:37:24some reassurance there will be some kind of regulatory intervention if
4:37:24 > 4:37:30they do not get their act together. We do not think it is right we go
4:37:30 > 4:37:34for regular tree action or even legislation. It is not just because
4:37:34 > 4:37:40of so much guidance, it is also let me refer the House to the review
4:37:40 > 4:37:46where we have the 70% response. Nearly all respondents have recently
4:37:46 > 4:37:51carried out view of support or plans to do so in the future. Some
4:37:51 > 4:37:53providers have made significant progress, particularly focusing on
4:37:53 > 4:37:59lecture capturing -- captioning. Research also highlights the need
4:37:59 > 4:38:07for sustained development to support students who are disabled. And an
4:38:07 > 4:38:11effort to make the necessary changes. There is more work to done.
4:38:11 > 4:38:21I beg leave to ask the question on the order paper.The government is
4:38:21 > 4:38:24supporting the Royal Borough of Cannington and Chelsea to rehouse
4:38:24 > 4:38:30survivors of the Grenfell Tower fire as quickly as possible. Rehousing
4:38:30 > 4:38:36this procedure to pace which respects the needs, wants and
4:38:36 > 4:38:39situation of survivors. Bureaucratic inertia must not add to the delay.
4:38:39 > 4:38:43In line with the recent task force report, expect the council to do
4:38:43 > 4:38:47whatever is necessary to ensure households can move into homes as
4:38:47 > 4:38:55swiftly as possible.Today is six months as the tragedy of Grenfell
4:38:55 > 4:38:58Tower. Remember, the victims and survivors of that terrible night. I
4:38:58 > 4:39:04paid about -- tribute to the emergency service workers, public
4:39:04 > 4:39:11sector staff, the voluntary sector and the communities. Who are working
4:39:11 > 4:39:15to get the community back on its feet. Six months is a very long time
4:39:15 > 4:39:20to be living in hotel accommodation and no way to spend Christmas.
4:39:20 > 4:39:26Vulnerable, unsettled and traumatised. Can the Lord tell the
4:39:26 > 4:39:29-- below noble lord tell what specific action the government is
4:39:29 > 4:39:34sticking to get these families into accommodation in the New Year. We
4:39:34 > 4:39:39want to be talking about going forward and housing families in
4:39:39 > 4:39:42permanent accommodation. Because what despite what the local
4:39:42 > 4:39:53authority says, the situation of the majority of family needs
4:39:54 > 4:40:00Does what the Lord said about the father service in the community
4:40:00 > 4:40:06response, a response which was paid tribute to only Today programme by
4:40:06 > 4:40:11the Archbishop, who spoke very movingly about this? To bring the
4:40:11 > 4:40:18House up to date, 151 homes were lost in the fire. Some of those were
4:40:18 > 4:40:26overcrowded, other had multi-generational hassles. 210
4:40:26 > 4:40:31households who formerly lived in Grenfell Tower need to be rehoused.
4:40:31 > 4:40:36Many have accepted an offer of temporary or permanent
4:40:36 > 4:40:44accommodation, 99 have moved on. 111 or an emergency accommodation with
4:40:44 > 4:40:4966 yet to accept an offer of accommodation. The noble lord asks
4:40:49 > 4:40:54what action is being taken. The Royal Borough of Kensington and
4:40:54 > 4:40:58Chelsea plan by Christmas to have acquired a 300 homes set against the
4:40:58 > 4:41:05210 that we need. They are acquiring two holds a day. I quite agree that
4:41:05 > 4:41:08Christmas is now time to spend an emergency accommodation, the
4:41:08 > 4:41:14Government is acutely aware of that, and in the four hotels where most of
4:41:14 > 4:41:17the families are, specific arrangements were made for the
4:41:17 > 4:41:19family still have space of their own to meet each other and entertain
4:41:19 > 4:41:25their wider families if they want to. A lot of services are plain on
4:41:25 > 4:41:28by voluntary groups over the Christmas period to support those
4:41:28 > 4:41:33families. We hope that by June next year, everyone will have moved into
4:41:33 > 4:41:37permanent accommodation. But families need to move on their own
4:41:37 > 4:41:41time. Some are in an emergency accommodation not wanting to move
4:41:41 > 4:41:45into temporary accommodation because they may have to move twice in the
4:41:45 > 4:41:49Royal Borough of Kensington and Chelsea is doing in terms of work
4:41:49 > 4:41:52alongside the families, finding out what accommodation they need and
4:41:52 > 4:41:56seeking to match it with the 300 houses they are acquiring. I very
4:41:56 > 4:42:02much hope by June everyone will have been offered and accepted permanent
4:42:02 > 4:42:11accommodation.May I join in paying respects to those who died in the
4:42:11 > 4:42:15Grenfell Tower Fire six months ago? This question is about what the
4:42:15 > 4:42:20Government is doing and I wonder whether the Minister does accept
4:42:20 > 4:42:25that local people have now lost confidence in their local council.
4:42:25 > 4:42:31Could I remind the Minister that in the Government statement on the fire
4:42:31 > 4:42:41on the 19th of October, they were expected to be 300 super Moordown so
4:42:41 > 4:42:48professional... Could I ask the Minister whether he has confidence
4:42:48 > 4:42:53in the local council to deliver or whether it may be time for the
4:42:53 > 4:42:56Government to intervene more directly?The Government has no
4:42:56 > 4:43:01plans to put commissioned into the Royal Borough of Kensington and
4:43:01 > 4:43:07Chelsea. They have a new leader and you Chief Executive and the
4:43:07 > 4:43:10Government has established a task force to make sure they live up to
4:43:10 > 4:43:16the expectations everyone has of what they plan to do. Some of those
4:43:16 > 4:43:19in temporary accommodation once that temporary accommodation to become
4:43:19 > 4:43:23their permanent home and the Royal Borough is approaching the relevant
4:43:23 > 4:43:29Londoners to see if that can take place. Some of those in emergency
4:43:29 > 4:43:33accommodation have already accepted permanent accommodation, but it
4:43:33 > 4:43:38takes time to complete, fit out the House, putting the white goods for
4:43:38 > 4:43:44the families to move on. I am aware there is an impatient to make
4:43:44 > 4:43:47progress but I'm confident the Royal Borough of Kensington and Chelsea,
4:43:47 > 4:43:52who are planning to spend nearly a quarter of £1 billion acquiring
4:43:52 > 4:43:56property, have now got the message and the lack of emotional
4:43:56 > 4:43:59intelligence and empathy is behind us and they are getting on with the
4:43:59 > 4:44:10job.Could the noble lord say...? Can my noble friend tell me, or any
4:44:10 > 4:44:18of those who are claiming no social housing, where any of those tenants
4:44:18 > 4:44:25of Grenfell Tower who had moved out and unlawfully let their
4:44:25 > 4:44:29accommodation to more than one family? Because I don't think we
4:44:29 > 4:44:37need have too much sympathy for people that behaves like that.I'm
4:44:37 > 4:44:43not sure I fully understood the question. The assistance that the
4:44:43 > 4:44:46Government and the Royal Bath Borough of Kensington and Chelsea
4:44:46 > 4:44:52are seeking to extend its to those who are living in Grenfell Tower at
4:44:52 > 4:44:58the time who are now homeless or who were homeless shortly after the
4:44:58 > 4:45:03fire. Anybody who was living there at the time is now being assisted by
4:45:03 > 4:45:10the Royal Borough. I say to my noble friend, he has lived through tragic
4:45:10 > 4:45:13circumstances where people have lost their life and he will know better
4:45:13 > 4:45:17than anyone else the trauma that those people have been through. I
4:45:17 > 4:45:21think we ought to allow them the time and space to find suitable
4:45:21 > 4:45:29accommodation to move into.My lords, could the noble lord say why
4:45:29 > 4:45:34in the aftermath of the Grenfell tragedy the Government continues
4:45:34 > 4:45:44apace with its deregulation agenda? So far as Grenfell Tower is
4:45:44 > 4:45:49concerned, the review is shortly to produce its interim report on fire
4:45:49 > 4:45:53regulations. She will know that after the tragedy at Grenfell Tower,
4:45:53 > 4:45:57and fights was given one two locations to owners of property that
4:45:57 > 4:46:05may not conform with the appropriate cladding of how to make safety
4:46:05 > 4:46:09measures appropriate for those blogs. The whole thrust of the
4:46:09 > 4:46:15enquiry, the whole thrust is to make sure that nothing like this ever
4:46:15 > 4:46:15happens