argyrotsipi/train-dataset huggingface dataset:
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
David Wolfson (Conservative, Centre-right): My Lords, I thank all noble Lords for their contributions to this debate. I have listened to all of them with care. With respect to everyone else, I say that I always listen with care to the noble Lord, Lord Cashman, in particular, as I think he will appreciate from our exchanges on other matters. I got the impression that voices in support of the Government were a little thin on the ground on this matter, but I can assure the noble Lord, Lord Paddick, that my noble friend Lady Williams of Trafford is not doing these amendments not out of any personal reluctance; it was decided some weeks ago that my assistance on the Bill would include this group, and that is why I am doing it. It is fair to say that she has gone above and beyond on the Bill and others.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
David Wolfson (Conservative, Centre-right): My Lords, I have already said that I will write. I will copy everybody in, particularly the noble Lord, Lord Paddick, with the relevant data. We can have an interesting discussion about potential explanations for it, but what it shows is that there is a significant increase. The question I was seeking to meet was: why do something now, why not wait until a future Bill? The short answer is that we have a manifesto commitment to deal with immigration and asylum issues. It is right that we address all issues at this stage, but, as I have underlined, this is not the Government’s last word on modern slavery. Now I really want to make some progress or we will be here until 3 am again.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
Keith Stewart (Conservative, Centre-right): My Lords, I do not wish to appear to give a cursory answer to the noble Lord in a debate of this sensitivity, but my noble friend Lord Wolfson of Tredegar committed to write on the data—I am grateful to the noble Lord for nodding his head in recognition. I imagine that the point he seeks to raise will be discussed in any such correspondence. Does that satisfy him at this stage?
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
John Gummer (Conservative, Centre-right): If that is the rationale, I do not see why we need the change. I seriously do not understand what possible advantage changing this could be, whereas I perfectly clearly see what the disadvantage is. Although the Minister seeks in the most effective way to present the Government’s case, the word "rationale" is not one I would have used I these circumstances.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Mixed Topics
Anne McIntosh (Conservative, Centre-right): My Lords, it has been an excellent debate. I thank everyone for their contributions. I think there may be a question outstanding from the noble and learned Baroness, Lady Butler-Sloss, as regards children under the age of 18, but I take it as read that anyone aged under 18 would still be referred to the local authorities. I assume that my noble and learned friend will write to us if that is not the case.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
Keith Stewart (Conservative, Centre-right): I am grateful to my noble friend for that, and I beg the pardon of the noble and learned Baroness for not addressing her question directly. If she is content, I will have that expressed in writing to her.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Anne McIntosh (Conservative, Centre-right): I am grateful to my noble and learned friend. He has endeavoured to be as full as possible in his response to all noble Lords. I express my disappointment that the guidelines are being changed in the way the Government envisage. I am slightly confused, because a lot of the situations for which this Bill makes provision would not have arisen if we had kept our international and European responsibilities under the Dublin convention, whereby we could have returned many asylum seekers to the first country in which they arrived It is a regrettable change. I do not think my noble and learned friend disagreed that a number of victims will be omitted from the system as a result. I will consider with others what to do at the next stage, but at this stage I beg leave to withdraw the amendment.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Mixed Topics
Keith Stewart (Conservative, Centre-right): My Lords, in consideration of the flight of the noble Lord, Lord Morrow, I start by addressing Amendment 171B. ECAT sets clear parameters around when a signatory state is obliged to grant a residence permit to confirmed victims, which is where it considers that the stay is necessary either due to the confirmed victim’s personal situation or for the purpose of their co-operation with the competent authorities in an investigation or criminal proceedings. The Government have gone further than this and provided for a grant of leave not only on both of these bases, but also where it is necessary to enable a confirmed victim to seek compensation in respect of their exploitation A temporary leave provision is deliberately designed to allow for leave to be provided for as long as needed, where appropriate. It will be considered on a case-by-case basis and does not set an arbitrary time period. To specify a length of leave does not follow our overall approach of having a truly needs-based approach to addressing victim support. If it is necessary for leave to be granted for longer than 12 months in order to pursue a thorough investigation, or where an individual’s personal circumstances require it, leave can and should be granted I turn next to Amendments 169A, 170 and 170A. In Clause 63 we have sought to define the support entitlement during the recovery period for potential victims following a positive reasonable-grounds decision. Amendment 169A, however, would remove clarity on what these terms mean for victims and decision-makers and reduce the effectiveness of the clause in supporting victims. Our approach to the wording of Clause 63 has been chosen specifically to provide more detail on the circumstances in which support is provided, while being in line with our international obligations. Our approach is not to go into detail on the types of support provided for in legislation, as Amendment 170A suggests, but to do this in guidance, the purpose being to ensure flexibility in our approach in future, so this can be tailored to victims’ needs as our understanding of trauma develops. I refer your Lordships to remarks made earlier in the debate that understanding the impact and the effect of trauma on individuals is an ongoing and developing thing Further to this, and in response to a matter raised by the noble Lord, Lord Alton of Liverpool, where necessary, all those who receive a positive conclusive-grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months. We committed to this in the other place and will consider where and how this commitment is delivered to ensure that it delivers best for victims. More details will be provided in guidance or in future modern slavery legislation, should parliamentary time allow. My noble friend Lord McColl of Dulwich has been given that assurance by the Home Office Minister. The Home Office and, in particular, my noble friend Lady Williams are keen to continue working with the noble Lord on the implementation of this policy.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
Ian McColl (Conservative, Centre-right): I thank all noble Lords for taking part in this debate. However, it is quite clear that we will have to have further lessons in Zulu to make sure that things are done. The Minister has raised lots of questions, which will be brought up on Report, where I am quite sure there will be a very lively discussion. I beg leave to withdraw the amendment.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Civil Rights
Howard Emerson Flight (Conservative, Centre-right): My Lords, can the Minister say what the contemporary definition of slavery is? We all know what slavery meant 400 years ago, but I find the word used in a way that makes it difficult to assess what it means.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken in this debate. I thought it might be helpful to slightly unpick the two types of workers—the difference between domestic workers in households and those who work for UK-based diplomats. Obviously they are different groups with different needs, the latter being served by the temporary worker international agreement route, which permits dependants. This is not the only aspect of our domestic immigration system that already provides what the amendment proposes. Both groups of workers are free to change employers; in fact, our existing arrangements already go further than the amendment proposes, and I will outline why We do not expect domestic workers to register with the Home Office because we want a worker to be able to leave as soon as their mind is made up to do so, so we must avoid anything that may act as a barrier to exercising that right. Imposing an extra condition now risks undermining changes that have been made for the better. We have already made provisions under which both groups of domestic worker can obtain a two-year extension of stay if they are found to be a victim of modern slavery. I think these arrangements strike the right balance, ensuring that those who find themselves in an abusive employment situation are able to escape it by, first, finding alternative employment and, secondly, encouraging them to report that abuse through the appropriate mechanism On the point made by the noble Baroness, Lady Lister, on overseas domestic workers who are not slavery victims, very similar to the case that she has pointed out, but are actually exploited, the Immigration Rules are deliberately designed to prevent the importation of exploitive practices—for example, they set out that they should be paid the national minimum wage. I hope that helps on her point. I appreciate that the case she outlined seemingly falls between the cracks, but the Immigration Rules are very clear on that.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Mixed Topics
Susan Williams (Conservative, Centre-right): I say to noble Lords that I share their concerns. I will also be writing to the Committee before Report on this very matter. Since 2015, we have excluded investment in government bonds and strengthened the rules to ensure that investments are made in active and trading UK companies. Applicants must also demonstrate that they have a wealth of at least £2 million for at least two years, up from 90 days, or provide evidence of the source of those funds. We require banks to explicitly state in a letter to the Home Office that they have completed all requisite customer due diligence and know your customer checks prior to opening the applicant’s account, and we have increasing evidential requirements where migrants have invested their qualifying funds through a chain of intermediary companies so that the Home Office can better assess the ultimate destination of qualifying investment.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I thank the noble Baronesses, Lady Ritchie of Downpatrick and Lady Suttie, for raising this issue, and I think some very good questions have been asked. I have a different question. In the absence of an electronic travel authorisation, are there problems in enforcing immigration, asylum or indeed criminal law? Can we be reassured that there would not be an incentive for people who want to come to the UK to come in large numbers through the Republic of Ireland? That would be my one concern in trying to address the very real issues across the border that have been identified, and which you see in other countries where you have borders—especially where there has been a practice of having no border.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Daniel Moylan (Conservative, Centre-right): Perhaps I, too, should declare that I am both British and Irish since birth. I understand the difficulties locally that potentially arise and have been so well illustrated by the noble Viscount, Lord Brookeborough, but I wanted to ask the Minister whether he could put this in the context of the common travel area. Does it really exist in practice as a reciprocal arrangement? I specifically ask because I have never been able to land at Shannon Airport, even on a direct flight from Heathrow, without standing in a queue and presenting a passport—yet when I return and land at Heathrow, I walk straight through and am guided past the passport gates. To what extent is this common travel area being operated by the Irish Republic on a genuinely reciprocal basis? Could it not in a sense be tied up with this issue?
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I thank the noble Baroness for that intervention. I am going to come on to a number of those points subsequently. In terms of cost, I am told it will be competitive with international norms. I have just referred to the ESTA programme in the States. I looked that up this morning in anticipation of this, and it is currently $14, so it is not overwhelming. In terms of the enforcement, which I think is at the heart of the matter, I will come to that in a second if I may There will be no controls whatever on the Northern Ireland land border. Individuals will be able to continue to pass through border control at first point of entry to the common travel area. As is currently the case, individuals arriving in the UK, including those crossing the land border into Northern Ireland, will need to continue to enter in line with the UK’s immigration framework. Obviously, that includes the ETA Many noble Lords, including the noble Viscount, Lord Brookeborough, have asked about the impact on tourism. The Government acknowledge that a clear communication strategy is obviously going to be key to tackling any misunderstanding about the requirements to travel to Northern Ireland. We are planning to work across government, utilising internal and external stakeholders and a variety of communication channels to ensure that the ETA requirement is communicated very clearly.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I thank the noble Viscount—sort of. There will be no hard border. As I said, there is not going to be a hard border in Northern Ireland, and within the CTA there is effectively no change In answer to the point made by the noble Baroness, Lady Suttie, about enforcement, which was brought up subsequently as well, I have said it three or four times now: there will be no routine border controls on journeys from within the common travel area, which goes some way to answering the Yorkshire example. There will be none at all on the land border between Ireland and Northern Ireland. Everyone entering the UK, regardless of where they enter from—again, as I have said—is required to meet the UK’s immigration framework. In answer to "What’s the point of having it, then?", anyone entering the UK without an ETA, or any form of immigration permission where required, will be entering illegally and may be subject to enforcement if encountered during intelligence-led operational activity.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Lucy Neville-Rolfe (Conservative, Centre-right): I wanted to ask my noble friend about what happens when there is a technical malfunction, but I think he was going to answer that question. Having been caught out when the ESTA system went down when I was trying to go to California, I ended up missing my flight and having to go via Seattle, which took another eight or nine hours. It is important to have strong technical systems if you are going to rely on them, but it may be that there is a waiver or some arrangement that can be introduced.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I completely agree with my noble friend: obviously it is important to have well-established protocols in place if such a thing happens. I can assure noble Lords that the Home Office will ensure that passengers are not disproportionately impacted or prevented travelling to the UK. As is already set out in Clause 72, we will not penalise carriers where, due to a Home Office systems outage, it is not possible for them to establish an individual’s status On Amendment 186, the Government are steadfastly committed to the Belfast agreement and the two distinct birthright provisions in it: the right to identify and be accepted as British, Irish or both; and the right to hold British and Irish citizenship. In recognising the birthright of the people of Northern Ireland in respect of identity and confirming their birthright in respect of citizenship, the Belfast agreement is clear in guaranteeing that these rights already exist. It expressly and clearly said how and where the law should be changed in many areas but it made no such stipulation on this particular matter of identity This amendment would require the Home Secretary to propose stipulating a particular view of identity in law. Doing so would risk impinging on the freedom of the people of Northern Ireland to choose what their identity means to them. It would also amount to treating an integral part of the United Kingdom differently. The Government cannot accept such a proposition; nor can they accept an amendment that is contrary to the intention of the Belfast agreement I am aware that some of these answers have not satisfied noble Lords. As I said, I will reflect the tone of this debate back to the Home Office very carefully. I am also aware that I have not answered my noble friend Lord Moylan’s question about reciprocity; I am sure that he will forgive me for not even attempting to do so I invite the noble Lords not to press their amendments.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): My Lords, I thank the three noble Lords who have taken part in this debate. I should note for the record that I do not see the opposers of Clauses 76 and 77 in the Chamber, but I will carry on The Government are committed to making the immigration and asylum system more efficient, while also maintaining fairness, ensuring access to justice and upholding the rule of law. Representatives and participants have a role in ensuring that appeals run smoothly so that justice is served. We are aware that there are concerns about the behaviour of some representatives in immigration proceedings which can waste judicial and tribunal resource, leading to delays in the tribunal process overall. We are seeking to strengthen the tribunal’s ability to tackle such conduct, in order to improve the efficient running of the immigration tribunals Costs orders are one of the mechanisms available to tribunals to encourage good conduct in proceedings. Currently, tribunals can make wasted and unreasonable costs orders which relate to the legal costs of the parties. However, these mechanisms are infrequently employed and generally considered only at the request of the other party. Clause 76 creates a new power for tribunals to order a party to pay an amount which represents a portion of the tribunal’s costs. I should stress and expand on the costs we are talking about. The value of costs orders to be applied to specific behaviours will be calculated by the tribunal according to a defined schedule of typical costs to it, rather than being set at an arbitrary or punitive level. The tribunal will not seek to recoup all its costs relating to a particular case, just the portion which can be attributed as wasted due to the specified unreasonable behaviour This will allow the tribunal to make an order in relation to wasted tribunal resources in the same types of circumstances which would currently warrant a wasted or unreasonable costs order. An order can be made against "relevant participants", which means legal and other representatives exercising rights of audience, and the Secretary of State, where they are a party and do not have legal representatives. The noble Baroness, Lady Hamwee, asked whether this might act as a deterrent and ensure that fewer representatives want to take on immigration work. We think it right that representatives should explain themselves if they are responsible for circumstances to be set out in the rules as warranting consideration of a costs order. However, where there is a reasonable explanation, no order would be expected; the tribunal continues to have full discretion as to whether to make the order. Therefore, these changes should not impact legal representatives who fulfil their duties to the court and remain committed to their work and ensuring justice for their client. I hope that also goes some way to answering the questions raised by the noble Baroness, Lady Chakrabarti.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): To encourage increased consideration of whether to make costs orders, Clause 77 provides a duty on the Tribunal Procedure Committee to introduce tribunal procedure rules in the Immigration and Asylum Chamber, which will lead to judges more regularly considering whether to make a wasted costs order, an unreasonable costs order or a tribunal costs order under the new Clause 76 provision. That will ensure that circumstances and behaviours which have warranted the making of costs orders previously will more often give rise to judicial attention. Existing case law identifies the types of circumstances and behaviours which have led to costs orders being made or considered, and the principles applied by the courts. These have included showing a complete disregard for procedural rules through, for example, abusing court processes in relation to evidence or the timing of applications Clause 77 requires procedural rules which identify circumstances or behaviours that, absent reasonable explanation, the tribunal will treat as warranting consideration of the making of a costs order. The rules thereby introduce a presumption that requires the representative or other relevant party responsible for such circumstances or behaviour to explain themselves and why such a costs order should not be made. To ensure fairness, Clause 77 applies both to the party’s representatives and to the Home Office direct. This will ensure the regular consideration of costs orders by the tribunal. However, importantly, the tribunal will retain absolute discretion as to whether to make an order at all in all cases.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Mixed Topics
Keith Stewart (Conservative, Centre-right): My Lords, the Bill will not reduce the rights and protections in relation to modern slavery and trafficking. Accordingly, there can be no diminution of rights under Article 2 of the protocol. The Bill complies with all our international commitments, so I do not think that this amendment is necessary—in fact, I think that it could do harm. It could exclude some, but not all, of the Bill’s modern slavery provisions from extending to Northern Ireland, which would only create disparities across the United Kingdom. In turn, this would create a potentially damaging lack of certainty for potential victims of modern slavery and decision-makers I am not in a position to answer the request from the noble Baroness, Lady Ritchie, for an account of the consultation between the bodies that she identified and those preparing the Bill but, if she wishes, I am prepared to undertake to correspond with her on that topic if that would be satisfactory at this stage.