Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Baroness Prashar (CB) [V]]

My Lords, this proposed new clause as resubmitted enjoys cross-party support. I am grateful to the noble Baronesses, Lady Fookes, Lady Garden and Lady Morris of Yardley, for putting their names to the amendment and thank the staff in the Public Bill Office for their help. I am grateful to all those who have expressed their support for this amendment, which has been overwhelming.

If the proposed new clause is accepted, minors from the EU, EEA and Switzerland will continue to be allowed to travel on ID cards after 31 December 2020. Junior students on English language and other seasonal programmes will continue to be allowed to travel here, as well as those on school exchange visits. If passed, the amendment would be transformational.

Almost one-third, or 150,000, of the annual number of English language students who come to the UK are juniors on short-stay courses. Research shows that more than 90% of them travel using ID cards, and only 10% travel on passports. The Government want these potential 135,000 European students to be treated like those from elsewhere in the world.

European juniors are unlikely to invest in passports given that they can in 2021 still travel to other English-speaking countries without one; namely, Ireland, Malta or Cyprus. I am still unclear whether the Government believe that our European neighbours would reciprocate by offering school exchanges and the like. Indeed, the weather may well prove to be better in at least two of those destinations, while our Irish friends, who like citizens in Denmark, Iceland and Norway may not have identity cards, still allow others to enter their country on them.

Yes, the amendment would treat European juniors more generously than certain others. However, we are talking about children, who surely present no realistic risk to border security and whose capacity to visit the UK will be seriously impacted by having to travel on passports. Those coming are overwhelmingly Europeans. The top two markets are Spain and Italy, with 95% and 83% of students respectively currently arriving on ID cards rather than passports. It is estimated that the sector is likely to suffer an 80% drop in students in 2020. We should act now to preserve this market, particularly when Covid-19 has had a devastating impact on the English language teaching sector. If not supported, the sector will not survive this double blow. A respondent to a recent survey said:

“If students cannot travel using their ID cards, our groups have told us that they will not come to the UK. They will go to Ireland or Malta. This school will not be … viable without those groups and after 53 years will be forced to close.”


Due to Covid, almost 84% of staff in this sector have been either released or furloughed since March and the sector has suffered a direct loss of at least £510 million for 2020. The British language school sector brings in more than £1.4 billion annually and supports 35,000 jobs. It is larger than the fisheries industry. We should do everything to protect it by encouraging students to return in 2021 and not put additional barriers in their way.

One special category of EU/EEA citizen—those with EU settlement status—is already allowed to travel in the UK with ID cards from the start of 2021. This amendment merely extends their right to a very specific set of juniors, not holding the special status and on a much more strictly limited basis. The idea that this will lead to a free-for-all and create border security issues in the process feels somewhat far-fetched. We are talking not about students of potentially postgraduate age, but about children as young as eight. If only one or two children in an English school language exchange group cannot travel here because they do not possess a passport, the trip for the rest may not happen.

The revised amendment takes account of what the Minister said in Committee was inappropriate drafting by acknowledging that those enjoying settled or pre-settled status under the EU settlement scheme will still be able to travel on ID cards after 31 December 2020, although this clearly benefits only a small proportion of minors, many of whom may already be fluent in English, one suspects, having been resident here for some time. The Minister also said in Committee that the Government

“fully recognise the concerns of English language schools”,—[Official Report, 7/9/20; col. 577.]

which, I should add, extend well beyond the current impact of coronavirus. If that is the case, the Government should support the adoption of this proposed new clause in the Bill. I sincerely hope that the Minister will give a positive response. I beg to move.

[Baroness Garden of Frognal (LD)]

My Lords, this identity card-related amendment is a risk-free, concrete and straightforward solution to one of the problems thrown up by the end of free movement.

Junior groups travel all around the country, but many travel to seaside and rural locations where they have a positive and very welcome effect on the local economy, helping shore up jobs in language schools, accommodation, leisure and hospitality, from homestay providers to coach companies, visitor attractions and local retail. All these businesses have been disproportionately affected by the Covid pandemic. As the noble Baroness, Lady Prashar, set out so persuasively, removing the right to ID card travel would have a profoundly negative effect on this business at a time when we need to support its recovery wholesale.

Moreover, many European juniors come to the UK in successive years to take part in English language programmes, and these in turn serve as a feeder for our £20 billion higher education industry. We do not want these students to go to competitor nations and never acquire the positive impression of life and study in the UK that would lead them to choose a British university. Allowing ID card travel to continue after the end of 2020 will ensure that no one is deterred from coming to the UK in the first place.

A swift resolution to this issue is vital, as many language schools, exchanges and other groups of EU juniors are starting to book their visits for 2021. Many will not have travelled this year for obvious reasons and will need to feel confident that post-Brexit Britain remains as welcoming a destination as it has traditionally been, particularly in respect of children. The continuing uncertainty around ID card travel will undercut the messages of recovery and business as usual that the UK will want to promote in 2021. A swift resolution on the ID card issue will go far to create good will and confidence with our European partners and allow the soft-power benefits of exchange visits to continue into the distant future. I urge the Minister to accept this amendment.

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[Lord Kerr of Kinlochard (CB) [V]]

I too will be very brief, given the hour. This is a very modest amendment, admirably introduced by the noble Baroness, Lady Prashar. What she proposes is cost free and risk free. Children coming in in school parties and on exchange visits for no more than 30 days and no more than once a year are not a substantial threat to the sceptred isle. The amendment will also do a lot of good. Free movement, Schengen and identity cards mean that large numbers of continental children do not have passports. If schools considering bringing them here face the prospect of insisting that they first get passports or go to the considerable trouble of getting a group passport, a significant proportion of schools will prefer to take the class somewhere else. The amendment would prevent that happening.

More generally, losing free movement inevitably means a diminution of personal contacts. We and our continental friends will be further apart. That is a great pity. Any cost-free, risk-free measure to limit this continental drift should be welcomed, so I welcome the amendment.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, the noble Lords, Lord Naseby and Lord Blunkett, have withdrawn, so I call the noble Lord, Lord Paddick.

[Lord Paddick (LD)]

My Lords, we support this amendment. As other noble Lords said, this will have a damaging impact on the English-language teaching sector and associated businesses such as coach operators and accommodation providers, as my noble friend Lady Garden of Frognal said. That is because these students will be going to Ireland, Malta and Cyprus—other English-speaking countries—rather than coming here, because they can still use their ID cards in those other countries.

As the noble Baroness, Lady Prashar, said, 90% of those on short language trips to the UK travel on ID cards, and it will disadvantage young people from poorer backgrounds who cannot afford a passport. Much English language teaching is based in coastal and rural communities, so the Government’s levelling-up agenda will be damaged, as will exchange trips, disadvantaging UK students, because the foreign students will not be able to come here, therefore the UK students will not be able to go on exchange visits to European countries. For those reasons, we support the amendment.

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, we now come to the group beginning with Amendment 20. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this, or anything else in the group, to a Division should make that clear in the debate.

Amendment 20

Moved by

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[Baroness Meacher (CB)]

My Lords, I add my strong support to this group of amendments. The noble Baroness, Lady Hamwee, argued cogently—as she always does—in support of these changes to the Bill.

In her helpful letter, the Minister suggests that

“Detention is used sparingly and for the shortest period necessary.”


Detention Action tells a very different story. One of the most important elements of these amendments is that they would end indefinite detention. As someone who worked in mental health services for many years, I am acutely conscious of the appalling consequences of detaining people without any indication of the length of time involved. Many detained indefinitely and for long periods—and, indeed, re-detained—have already suffered severe mental health problems due to their appalling experiences. Even with professional treatment, these problems may take many years to resolve. In my view, it is unforgivable for us, as a nation, to disregard this suffering.

As Detention Action has told us, in a recent case, the High Court found three separate periods of unlawful detention in respect of a vulnerable autistic person, in breach of Article 8 of the ECHR. This is a shocking example of what can happen under the current law. The importance of these amendments is that they would prevent that from happening in the future.

I want to put on record that our Minister was wrongly briefed when she suggested that detention of more than 28 days was limited to those who have committed serious offences. In reality, people with no offending history are regularly detained for periods exceeding 28 days—and even re-detained. These amendments would put an end to these unacceptable practices. The right to apply for bail is no solution for these vulnerable people; they do not all have access to professional legal representation, and many do not speak English. Of course, the most vulnerable—those with mental health problems—are the least able to advocate for themselves.

Another crucial element of the amendments is the commitment to ensuring that re-detention cannot happen unless there is a material change in the detained person’s circumstances. The case of Oliver—quoted in Committee —underlines the cruelty of re-detention. Oliver, as noble Lords will remember, suffered with PTSD, having been imprisoned and tortured in his home country and trafficked twice, yet he was re-detained a year after his release from initial detention. How can we do this to such a vulnerable person?

Of course, not all immigrants have a history as bad as Oliver’s but many detainees have experience of torture or ill treatment and have significant and chronic health problems. Noble Lords know that attempted suicides are commonplace in detention centres and actual suicides have been on the increase in recent years. Some 68% of detained immigrants are not removed from the UK. Surely their detention has been pointless and therefore unjustified. As Detention Action argues, the current system is ineffective, inefficient, harmful and costly. We spend £100 million a year on detention. As we emerge from Covid we can ill afford to be throwing money away. This amendment is a gift to the Chancellor. I was pleased to read that the Home Office is considering alternatives to detention. If the Government also want to avoid detention except when it is absolutely necessary, I hope that the Minister will be able to table amendments at Third Reading to achieve the objectives that I believe we all want to achieve.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady McIntosh of Pickering, has withdrawn, so I now call the noble Lord, Lord Roberts of Llandudno.

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[Baroness Hamwee (LD)]

My Lords, I apologise to the noble Lord, Lord Ramsbotham. I share his concerns about segregation; my heavily edited speech was almost illegible by the time I made it, so I crossed out one of the wrong bits.

I thank noble Lords who have supported these amendments and packed so much into what they have said. The noble Lord, Lord Kerr, packed in a lot of criticisms of the whole system, and I agree with every word he said. I hope I anticipated a number of the Minister’s arguments, because they were made in Committee—although I was probably pretty telegraphic in the way I did so.

The Minister said the amendment encourages compliance; the very fact that individuals are plucked out of the community, and do not disappear underground, shows that they comply. The amendment includes in its criteria that detention should be proportionate, which meets the point. It also meets the point about the need to protect public safety. Frankly, it is adding insult to injury—and it really is injury—to the majority of asylum seekers, who are not violent criminals. They are not criminals at all.

However, all this misses the point. It is about detention being indefinite. The Minister says that it is not indefinite; it always has an end and that is not the same as being indefinite. The individuals do not know when it must end. It is that uncertainty and loss of hope which are so inhumane and damaging. I beg to test the opinion of the House.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

I apologise, but the noble Lord, Lord Green of Deddington, wished to have a word after the Minister. I ask him to be brief.

[Lord Green of Deddington (CB) [V]]

I was dropped accidentally—I was due to speak after the noble Baroness, Lady Ludford. I shall be extremely brief.

We have now had a very full and effective response from the Minister. We should be in no doubt: these amendments sound humanitarian and are no doubt well-intentioned, but in practice they would be wrecking amendments. It is surely obvious that anyone subject to removal would only have to prevaricate for 28 days, perhaps with the help of a lawyer, and he or she would then be released and free to join the very large number of illegal immigrants already in this country.

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Amendments 21 and 22 agreed.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

We shall not be moving Amendment 23 tonight.

Consideration on Report adjourned.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

Amendment 43 withdrawn.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

We now come to the group beginning with Amendment 44. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else from this group to a Division should make that clear in debate.

Amendment 44

Moved by

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Finally, in her Answer to my Question, the noble Baroness said that discretion could be exercised in such cases. It is not being so exercised. The guidance does not offer sufficient assistance, and, in any case, the earlier undertaking was not fulfilled. The Bill needs to put matters right through an amendment such as this.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Bourne of Aberystwyth, seems not to be with us, so I call the noble Baroness, Lady Smith of Newnham.

[Baroness Smith of Newnham (LD)]

My Lords, I essentially support all the amendments in this group, but in particular it is crucial to think about the EU nationals resident here for maybe five years or more who expected to get settled status and then were given pre-settled status. As my noble friend Lady Hamwee so eloquently outlined in her opening remarks, 41% of those EU nationals seeking status of some sort have so far been given pre-settled status.

Maybe members of Her Majesty’s Government are always fully on top of every detail of every document they are ever required to look at, sign or agree. Whenever they get a piece of paper—assuming they even get a piece of paper and it is not some digital communication—they presumably know where they put it and they will know that on some future date, perhaps 23 July 2023, they will have to say, “Now I’m due to have my settled status. Oh Government, please, what do I do now?”

Every Minister might be able to do this, but I suspect that many of the 1.4 million people with pre-settled status might be more like the rest of us: they would know at the back of their minds that they needed to do something. It is a bit like doing a tax return, but at least with an annual self-assessment, one is reminded of it constantly—not just by emails from HMRC but by regular newspaper and television advertisements telling people the date by which they have to do their annual self-assessment tax return. People with pre-settled status are not going to have a single date: each of them will have a different point at which their five-year residence is up and needs to be turned into settled status. Amendment 45 is therefore absolutely crucial.

The Minister may argue that each individual should take responsibility for themselves—this may be the government view. I am sure that everyone who has sought settled status and has so far been told that they can have only pre-settled status is trying to take responsibility for themselves, but there may be all sorts of reasons why they do not necessarily remember the precise date by which they need to regularise things. It could be because of individual specific circumstances. As the noble Baroness, Lady Altmann, mentioned, it could be because of the Covid crisis. There are all sorts of reasons people may not be able to deal with paperwork in the way they would normally be able to do. There may be a family bereavement—there could be a whole set of reasons why people have not thought through what paperwork is required.

There is, however, something to be said for the Government sending appropriate reminders. Surely one of the lessons of Windrush is that it is hugely important not only for individuals to have details of their own status but for the Government to have them too. If the Government are moving so much towards digitisation—so that all settled status documentation will be digital, unless the amendment in the name of my noble friend Lord Oates is passed—it ought not to be beyond the wit of the Government to have a mechanism for alerting people, six months out, to what they need to do to convert their status. If the Minister is minded to demonstrate Her Majesty’s Government’s compassionate and flexible approach—not something we very often see from the Home Office—that would be one way of going about it.

The amendment in the name of the noble Lord, Lord Rosser, requesting information about what would count as appropriate for a late application is most valuable. EU nationals who have used their rights of free movement in recent years would be fully aware of the requirement to seek settled status. But people who have lived in the United Kingdom for many years—who were maybe born here, to parents who are not British but who had the right to be here because of some other European citizenship—may not think to apply. Maybe they have lived all their lives in the United Kingdom and never stopped to realise that they did not have the rights of residency that settled status would give them, without which they may not even be permitted to be in this country. Unless the Government has an effective way of identifying a whole range of people eligible for settled status but who did not realise that they needed it, some flexibility is required. A tolerant country would surely allow these people to apply late when their status becomes clear.

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[Lord Judd (Lab) [V]]

My Lords, I sometimes wonder whether the Government—particularly those within No. 10, holding office or otherwise—have any sense of shame whatever. There is really no other way to describe their dilatory approach to all this than shameful. Perhaps nothing is unbelievable these days, but it is almost unbelievable that—dealing with children in the most vulnerable situation, who have been through hell and are psychologically and sometimes physically in a very bad way and in need of love, affection, care and concern—there is a total failure to ensure that the provisions of the Dublin agreement, such as they were, have been carried forward and a satisfactory replacement negotiated with the European Union.

I know that it is a controversial thing to say in this House, but I have reached a point at which I feel shame for my nation. Do we care about children, or indeed adults, who are in desperate need or do we not? Why are we not busting a gut, with all our ingenuity and skills, to find ways in which people can, in their desperation, make safe journeys rather than being thrown into the hands of smugglers or acute dangers in totally inadequate vessels? This issue goes to the kernel of what kind of nation we want to be and appear to the world to have become.

All I can say is that my admiration for my noble friend Lord Dubs is unbridled. The way he has been, in effect, repeatedly let down by government is a sad and sorry story. I am sorry if it appears that I am just moralising, but this is crucial to where our sense of care, concern and responsibility as a nation is. Therefore, this amendment, whatever it can do, is desperately needed. I cannot say how sorry and sad I am that we have reached this predicament.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Bennett of Manor Castle, has withdrawn, so I now call the noble Baroness, Lady Primarolo.

[Baroness Primarolo (Lab) [V]]

My Lords, I hesitate to speak in this debate having heard the eloquent and dedicated contribution of my noble friend Lord Dubs, and from the noble Lord, Lord Kerr, and the right reverend Prelate the Bishop of Durham, about the humanitarian imperative to act now in this terrible crisis that we are seeing unfold, both in Greece and France, of unaccompanied children and families. As pointed out by the noble Baroness, Lady Lister, we see proposals from the Government that appear to prepare to weaken our commitment to reuniting unaccompanied children with their families—at a time that strikes at the heart of what we believe are British values of caring and standing up for those who are less well off than us and taking our share and burden in helping those in greatest need.

Amendment 48, which I support, would provide the basis on which this country could have rules that offered a safe route for children to join their family members in the UK. Having such clear rules offers a path forward. The Minister has to tell the Committee why the Government find themselves in a position in which the EU has rejected the proposals that they put forward in the negotiations on the basis that they were not part of the mandate. They were never part of the mandate. It looks unlikely that we will be able to negotiate bilateral agreements with the other member states. If the EU has overall competence for this matter, that route will be closed off for ever.

On 3 September, a Home Office official appearing before the House of Commons Home Affairs Select Committee confirmed that at the end of December 2020 the UK will not be bound by the Dublin arrangements. So we have no route through negotiations; we think that bilateral arrangements are unlikely, and we know we will not have Dublin III, according to the Government. Can the Minister tell the Committee, if she is going to reject amendment, what plans the Government have to ensure that we have a mechanism in place at the end of the transition period to provide a replacement for Dublin III? Can she explain how unaccompanied children in desperate need of clarity and certainty will receive speedy action so that they can be reunited with their families? Will she detail how, if she will not accept the amendment, she intends to insert rights into the Bill that protect children with relatives in the UK who are willing to take responsibility for those children?

The Government are being offered a clear and simple way forward to meet these obligations by the brilliant work of my noble friend Lord Dubs. I urge the Minister to accept the principles enshrined in the amendment. I hope she will respond positively to all the comments that have been made thus far in this very important debate.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

We now come to the group beginning with Amendment 34. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in the group to a Division should make that clear in debate.

Amendment 34

Moved by

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[Baroness Hooper (Con)]

My Lords, I too have considerable sympathy with all the amendments in this grouping. However, I am happy to follow the right reverend Prelate the Bishop of Durham, as a co-mover of Amendment 97, and will confine my remarks to that new clause. This is, as the right reverend Prelate had said, a probing amendment. We hope that the Government can use this debate to clarify the next steps and perhaps give us some idea of a timetable.

I appreciate that the definition of faith communities may give us some difficulties but, as a Roman Catholic, I wish to present some of the challenges facing the Catholic Church in relation to the changes being introduced in this Bill. The Catholic Church is, after all, a very international body. Movement between different countries within religious orders, and for educational and other purposes, is an integral part of that internationalism.

In the course of preparing my brief for this debate, I have learnt a lot about the various categories of visas, something I was previously unaware of. I can fully appreciate what a struggle it is to cope with all the requirements. As the right reverend Prelate has said, most Catholic diocese have previously used tier 5 religious worker visas, for the reasons that he stated. Supply placements are essential, as they allow us to continue attending mass, while also keeping parish activities running smoothly. The new requirement, introduced in 2019, was for anybody who was preaching to use tier 2 minister of religion visas. That has more than doubled the cost incurred by parishes arranging supply cover. For some parishes, this is unsustainable and that of course compromises people’s opportunity to practise their faith.

Furthermore, seminaries that conduct formation in English are not necessarily recognised by the Home Office as meeting the English language requirement under the tier 2 route. This means that many priests, who may have been educated to postgraduate level in English, are nevertheless required to take a language test, with extra logistical and cost implications. Unless some changes are made, the situation will of course be further aggravated as a result of the end of free movement following Brexit. Priests coming from European Union countries to provide supply cover will now also be subject to the same regime.

This new clause is intended to give the Government the opportunity to keep Parliament informed, and I look forward to hearing from the Minister about government thinking on this issue.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Hollins, is not with us, so I now call the noble Lord, Lord Dubs.

[Lord Dubs (Lab) [V]]

My Lords, I am delighted to take part in this debate, and I am sympathetic to the amendments which have been debated and explained so clearly and positively. I particularly support Amendment 76 in the name of the noble Earl, Lord Dundee, to which I have attached my name. I shall be brief.

One of the greatest opportunities for young people is to pursue education, research, training and student exchanges in another country. It is not always young people, but they make up the majority. That is the purpose of this amendment. We would like these opportunities to be entirely on a reciprocal basis, and I hope if we pass this amendment and establish this principle now, other countries in the EU and elsewhere will follow suit.

Amendment 34 on the cost of visas was ably moved by my noble friend Lord Hunt. Clearly, if the visas are so costly, that would negate the purpose of this amendment, so I would like to see the amendments working together. Perhaps, we should put a clause in about the cost of visas, but the way it is now is fairly clear.

Although this opportunity for travel rose enormously in the post-war years, it is not a function of the EU, though the EU did help. Free movement has existed for the purposes of education and research for many centuries in Europe. It is well within the European tradition, not dependent on the structural changes within the EU. As a result of the EU, however, all these things was greatly enhanced. I hope that this freedom of movement and educational travel will be part of our young people’s future in the years to come, even when we are not inside the EU.

We all know and have met young people for whom the opportunity to travel for study and education is a supreme benefit. It is something many young people want to do, and some of them are dismayed that this door might close for them when we left the EU. It is important to ensure that our departure from the EU does not mean such an opportunity is closed to young people but is still open.

I repeat that it is not just young people who want this education but older ones. It is part of the vision we want for Europe. The noble Lord who moved the amendment referred to Winston Churchill and his importance in the Council of Europe, and we have a lot to learn from that and other international organisations. I am a member of the OSCE Parliamentary Assembly myself, and these other international organisations can help further international education in the broader sense.

This is an amendment about vision. I hope that the Government will accept it.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Garden of Frognal Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

[Lord Green of Deddington (CB) [V]]

This is rather a mixed bag of amendments. I would like to return to Amendment 1, on enforcement; a very useful amendment proposed by the noble Baroness, Lady Neville-Rolfe. As she so clearly described, enforcement has long been one of the weakest points in our immigration system. Indeed, enforced returns have been in steady decline for years. They fell from 16,000 in 2010 to just under 7,000 in 2020—that is more than half—and that was the lowest level since records began. Voluntary returns have also fallen since 2015. Partly as a result of these failures, we now have 90,000 immigration offenders living in the community; that is somewhat more than the size of the British Army. Furthermore, more than half of them—about 55,000—no longer even bother to report to the Home Office as they are supposed to do: they have simply disappeared.

I shall make three brief suggestions about how this could be tackled. First, we should adopt a much tougher approach towards those countries that take an unreasonable attitude to taking back their own citizens—India, Pakistan and Iran come to mind, but there are a number of others. As noble Lords will know, illegal immigrants frequently destroy their documents, and these countries usually refuse to accept the biometric identity documents that the British Government produce for them. I think that our willingness to issue visas for the UK should take this attitude into account.

Secondly, we also need to retain—indeed, restore—the detained fast-track system for asylum claims that are obviously very weak. It was very effective for some years, but was quietly dropped by the Government quite recently after several years in a legal morass. Thirdly, we should be much more effective in enforcing the laws on illegal working. It is clear that this is a major pull factor for illegal immigration.

Finally, a particular difficulty facing the new immigration system is that of preventing EU visitors and other non-visa nationals working while in this country. A report to Parliament on enforcement, as proposed in this amendment, would be a valuable first step.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Taylor of Bolton, has withdrawn from the debate, so I call the noble Baroness, Lady Ludford.

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[Baroness Garden of Frognal (LD)]

My Lords, having been reprieved from the Woolsack, I rise to speak on Amendment 60, to which I have added my name and which was so ably introduced by the noble Baroness, Lady Prashar, and to which the noble Baronesses, Lady Fookes and Lady Morris, have also spoken persuasively.

In the post-Brexit landscape, preserving good relations with our EU neighbours is of the utmost importance. Of course, freedom of movement is ending but that does not mean that we need to create unnecessary barriers to cultural exchange and destroy all the good will and soft power benefits created by school exchange visits, English language study programmes, sports, culture, leisure holidays and the like.

As someone who has covered, among other policy areas, education, rural affairs and tourism, either from the Opposition Front Bench or as a coalition Minister and Whip—we were multitalented in coalition—I can certainly attest to the important educational role played by school exchanges and the opportunities they afford our children to experience other cultures, as well as the economic contribution that the English language teaching sector makes to, for instance, rural and seaside communities here in the UK. Equally, the sector plays an important export role, as evidenced by its membership of the Education Sector Advisory Group, run out of the Department for International Trade.

As a linguist who studied French and Spanish at university before going on to teach both languages here and in Germany, I know the value of spending time in the country of the language being learned—it really is the best way to do so. I was a child in France and a student in Spain, and I lived in Germany with my RAF husband, where, as a French and Spanish speaker, I managed to get a job teaching in a German school, so I learned quite a lot of German as well. I fully agree with some of the other arguments that have been made in support of this proposed new clause. They are also familiar to me as a co-chair of the All-Party Parliamentary University Group and a vice-chair of the All-Party Parliamentary Group on Modern Languages.

As has been mentioned, many Europeans under the age of 18 do not own passports and their parents will find it expensive, cumbersome and unnecessary, in the ordinary run of things, to obtain them. If these trips do not go ahead because one or more of the children in a group does not possess a passport, that means that UK teenagers are likely to miss out too. School exchanges are just that—reciprocal exchanges. If schoolchildren from Europe cannot travel here for lack of a passport, ours are unlikely to be hosted by their counterparts in France, Germany, Belgium, Spain or other countries.

Currently, nearly 40% of UK children in our secondary schools take part in at least one international exchange visit during their school careers. This rises to nearly 80% of teenagers at independent schools in the UK. Therefore, while privately educated children from the independent sector may go on exchanges to wealthier parts of Europe, where parents may have less financial difficulty in obtaining a passport for their children to come to the UK, pupils in state schools could be very badly affected by this.

The stated aim of the Government is to boost these sorts of trips for all British schoolchildren, given the life-changing experiences and academic opportunities that they can afford them. However, the Government can hardly be said to be promoting this if one of their first acts is to place barriers in the way of under-18s from the European mainland coming here. A simple amendment to the Bill, in the form of this proposed new clause, allowing these children to continue to come to the UK on their national identity cards for short visits, would resolve this issue. As a former member of the EU Sub-Committee on Home Affairs in this place, I too look forward to hearing what the Minister has to say. This amendment will do the Government no harm and will generate a great deal of international good will.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I am delighted to follow the noble Baroness. I associate myself with comments made during this debate by the noble Baroness, Lady Bennett, the noble Lord, Lord Pannick, and my noble friend Lady Neville-Rolfe, and I would like to ask a couple of questions in this regard.

If the purpose of the Bill is to repeal EU law on the free movement of people and if the provisions are not already enshrined in retained EU law elsewhere, can my noble friend the Minister take this opportunity to explain why, as has already been mentioned, Clause 1 is required? Like others, I would like to say how much I benefited from the free movement provisions—which have been in place since 1973—as a student and then as a stagiaire in the European Commission. I went on to practise European Union law before becoming an adviser to, and eventually being elected to, the European Parliament.

I come to my main concern with Clause 1. Can my noble friend put my mind at rest that, in repealing EU law on the free movement of workers from the EEA and Switzerland, we will still have access to a constant supply of labour in essential services such as health and social care? I would also like to add food production, farming, and vegetable and fruit growing. I know that the amendments failed in the other place, but I hope that my noble friend will look very carefully at this with fresh eyes.

It is also extremely important to ensure that those whom we welcome from the EEA and Switzerland after 1 January 2021 are made to feel welcome and are employed and given access on exactly the same basis as UK nationals. In this regard, will my noble friend confirm that migrants will continue to be employed on the same basis as UK nationals? Will the principle that has existed to date of non-discrimination on the grounds of nationality still apply, so that no employer can discriminate between a UK national and an EEA or Swiss national who might find employment in this regard?

I am conscious that there have already been a couple of very unfortunate cases of Covid-19 outbreaks in food processing plants, partly due to the fact that the working environment is very cold but also partly because, by necessity, the employees probably sit very close to each other. We will obviously need to revisit many of these conditions going forward, but will the principle of non-discrimination on the grounds of nationality still apply to the Bill and other provisions?

Given my background, I have some sympathy with those who have put their names to and supported Amendment 60, and I will listen very carefully to what my noble friend says in replying to that debate.

I support the comments of the noble Lord, Lord Pannick, who spoke to his amendment. I regret the lack of transparency and what appears to be very poor drafting, and, again, will listen very carefully to what my noble friend says in summing up on that. However, as regards this amendment, those are the questions I would like to put to my noble friend at this stage.

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[Baroness Altmann (Con) [V]]

My Lords, I support all the amendments in this group. I have added my name to Amendments 47 and 66, but the intentions and sentiments already expressed so well by many noble Lords are ones that I fully endorse. I thank the noble Lord, Lord Hunt, the noble Baronesses, Lady Hamwee and Lady Masham, and other noble Lords for the excellent way in which they have explained the urgent need for measures in the Bill that specifically address the shortage of social care staff. I implore my noble friend on the Front Bench, who I know cares about this issue as much as so many of us around the House, to take back to the department the strength of feeling across the House on this matter and address some of these issues before Report.

We are talking here about the biggest failure of social policy in modern times. The inadequacy of our social care provision is already well documented and well known, and the Government are already committed to addressing this issue as soon as possible. We cannot move forward and improve the quality of social care without staff. We cannot mechanise this. Care workers may be low paid, but that does not mean they are low skilled. They are essential to enabling increasing numbers of people to live decent lives. We are not talking about bringing in low-paid shelf stackers; we are talking about the emotional, physical and mental well-being of some of our most vulnerable citizens.

Given that the Government are the main funders of social care and have not yet funded adequately social care providers who employ staff who might generally earn above the £25,000 cut-off, that imposes on the Government a duty to ensure that our immigration policy does not deter those who might be willing to work for less than that figure—most of the people who work in social care already do so—from coming to this country when, as we have already heard, around one in five of our social care staff is already from overseas.

I know my noble friend responded to these concerns at Second Reading by saying that the Government hope that Britons will fill the shortfall, but hopes are not good enough. It takes time to try to find any UK nationals, train them in the right skills and raise the standards of pay. What are these elderly and disabled people supposed to do in the meantime? They need care. I therefore hope my noble friend might still consider the implications of these amendments, or at the very least agree to a transitional, temporary social care visa, perhaps for five or 10 years, that specifically enables social care providers and individuals who need to employ somebody to care for them in their own home to find those overseas workers who are willing to come here and fill the gaps we currently have, rather than having an immigration system that rules out being able to bring them in.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Jolly, has withdrawn, so I now call the noble Baroness, Lady Lister of Burtersett.

[Baroness Lister of Burtersett (Lab)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Altmann, and I very much agree with what she had to say. I am speaking primarily in support of Amendments 2 and 93, but I am supportive of all these amendments. I underline the importance of what the noble Baronesses, Lady Masham and Lady Finlay, said about personal care.

When the Bill was postponed in the House of Commons, I thought that perhaps the Government were thinking again about the treatment of care workers in the points-based system in light of the Government’s and the country’s applause for them during the height of the pandemic. How naive I was; there was no rethink. Despite the crucial role they played and continue to play and the range of skills involved in their work—organisational, clinical and

“soft skills of empathy and patience”,

as the chief executive of the National Association of Care & Support Workers has explained—the Government, as has already been said, continue to confuse pay with skill and contribution.

Back in February, the Home Secretary herself conceded that

“care is not a low-skilled occupation”—

so why is it being treated as one now? To do so in the proposed points-based system is in effect discriminatory, as the equality impact assessment makes clear. It says:

“The Government is aware that prescribing a minimum … threshold could have differential impacts on individuals on the basis of their sex. Women may find it disproportionately more difficult to meet the threshold than men.”


Indeed, but there is no “could” or “may” about it. It will have a differential impact and women will find it disproportionately difficult because, of course, women make up the majority of care workers. Moreover, black and minority ethnic women are disproportionately represented in the care sector, and the equality impact assessment shows that BAME workers will also be adversely affected by the salary threshold.

In the Commons, the Immigration Minister said that

“our vision for the future of the care sector is about providing rewarding opportunities to UK-based workers, not basing it purely on immigration.”—[Official Report, Commons, 13/7/20; col. 1250.]

Likewise, the Minister, at Second Reading, said that

“the immigration system is not the sole solution to the employment issues in the social care sector.”—[Official Report, 22/7/20; col. 2232.]

No one is suggesting that immigration provides the sole solution or that the future of care should depend purely on immigration but, to quote the Cavendish Coalition of 37 organisations in health and social care:

“For a sector where one in six are foreign nationals and which is struggling with 122,000 vacancies in England alone it would be unwise to believe that domestic recruitment will solve all social care’s immediate problems.”


It warns that we are

“swiftly heading towards an alarming destination with no obvious solution for the care sector.”

Can the Minister explain how the Government will ensure that those “rewarding opportunities” to which the Immigration Minister referred are to be provided when local authorities are already on their financial knees? As we have heard, funding has gone down in the care sector and the Government have done nothing about it over their 10-year period in office. Do the Government believe that the market will miraculously provide the solution in the absence of immigrant labour?

Windrush Compensation Scheme

Baroness Garden of Frognal Excerpts

Wednesday 6th May 2020 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, in 2017 I was honoured to be asked by the Government to chair the Windrush Commemoration Committee, to create a Windrush monument in recognition of the contribution that Caribbean people have made to Britain. In 2022, the monument will be erected at Waterloo station, where thousands of West Indians like myself arrived in Britain before dispersing across the whole of the UK. However, the committee is finding it hard to make this a joyful experience, because of the Windrush scandal and the shame hanging over the country. This needs to be solved urgently.

Like many West Indians, I have dedicated my life to serving this country. We were brought up in the Caribbean to believe that we were British—part of the motherland—and taught at school to celebrate British history. In 1960, I was one of the lucky children who arrived in Britain with my own passport, but the Windrush scandal has shown that it could have been so different for me had I not had one.

Life during those early years in Britain was harsh, brutal and cruel. My whole family, all eight of us, lived in one room, as there was little accommodation available for Caribbean people. I saw those signs saying, “no Irish, no dogs, no coloureds”. I had people spit at me. Grown men lifted my skirt and said, “Where’s your tail, monkey?” I was not served in shops; I was even turned away from the church. These were the indignities that we had to suffer, with resilience and determination. We were made to feel as though we did not belong. We felt a sense of betrayal, as the general public knew nothing about us, but we were too proud to return or tell families back in the Caribbean about the hardship, discrimination and rejection we were facing. Besides, there was little money, because the jobs available were low paid. My mother had three jobs in a day to try to make ends meet.

All this meant that culturally, people from that generation did not go on holiday, travel abroad, register for a passport or take part in any national register. This partly explains why so many people did not have the necessary documents and became caught up in the Windrush scandal, facing unbelievable hostility with little compassion, consideration or cultural understanding, some dying due to the stress and trauma.

Thanks to much campaigning, the Windrush compensation scheme was meant to help correct the injustice, but little progress has been made. Minimal funds have been paid out and faith in the Home Office is at an all-time low. To move forward, trust in the Home Office needs to be restored, as it is still associated with the hostile environment, complicated forms and deportation flights. Trust is also needed in the appeals system, especially when cultural decisions are to be made, and in those in the Caribbean who are part of the scandal.

How does the Home Office intend to restore that trust? One suggestion is for the Government, in order to restore confidence, to establish an independent advisory group and chair, reporting directly to the Cabinet Office, on the implementation of all 30 vital recommendations of the Windrush Lessons Learned Review by Wendy Williams. The Windrush monument will be a way to define and celebrate black British history. Let it not be the Windrush scandal.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

Lord Woolf? We cannot hear the noble and learned Lord; we will perhaps come back to him. Lord Sheikh.

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[The Deputy Speaker]

I thank the noble Lord, Lord Sheikh. Do we now have the noble and learned Lord, Lord Woolf? No? Then I call the noble Baroness, Lady Wilcox of Newport.

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[Lord Randall of Uxbridge (Con)]

My Lords, this scheme is an attempt to compensate a generation of people who found themselves with a genuine and terrible injustice. It is a real stain on this country’s recent history, highlighted by that moving speech of the noble Baroness, Lady Benjamin. I draw to the attention of the Government another injustice that will not be addressed by this measure yet affects many of the Windrush generation and many others, too, throughout the world.

Monica Philip was one of the Windrush generation who accepted the invitation from the British Government to emigrate from the Caribbean to help fill the employment gap in the UK. She arrived in the UK shortly before her 21st birthday in 1959 and worked tirelessly in a variety of jobs, including as a courier for 15 years in the Ministry of Defence. Her mother’s illness and failing eyesight forced Monica to leave the UK and return to Antigua in 1996, two years before her due retirement age.

In 1998, Monica was advised that she was entitled to a UK state pension, payment of which commenced in October 1998 at a rate of £74.11 per week; but it has remained at that level ever since. It is extremely unfair that this hard-working lady, who is now of course elderly, accepted the UK Government’s call to work here and, after paying for 37 years the same contributions as everybody else and then accepting the responsibility of returning to Antigua to look after her ailing mother, was effectively cheated out of her rightful pension. Her younger sister, who also emigrated to the UK but remains here, received a full pension which, with annual increases, is roughly double that of her elder sister.

I should like to highlight another Antiguan, Harold Williams, who left the island in 1955 aged 20. He worked hard and was always employed; he did his National Service here in the Royal Electrical and Mechanical Engineers regiment. For 40 years, Harold contributed diligently to the national insurance scheme. When he returned to Antigua, he was at no time informed that his pension would be frozen on his return. These frozen pensioners never have an increase in the basic pension, and this iniquity exists for the majority of Commonwealth countries. Strangely, in the Caribbean only Barbados and Jamaica do not have frozen pensions.

In my years in the other place, I consistently heard Ministers of all Governments give their excuses for this state of affairs. It can be resolved without a huge cost to the Treasury. I know that the measure we are discussing cannot address this; indeed, the Minister is not from the relevant department. However, this is indeed another stain on our country’s much vaunted sense of fairness and equality. I urge the Government to think again and I will return to this until we right this wrong. I thank noble Lords for their indulgence in letting me raise this issue today.

[The Deputy Speaker]

I hope that we can now hear from the noble and learned Lord, Lord Woolf. Do we have him?

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[Baroness Kennedy of Cradley (Lab)]

My Lords, given the time limit we have today, I want to make three specific points. First, the Windrush scandal has touched every part of Britain. In Lewisham Deptford where I live, my local Member of Parliament, Vicky Foxcroft, recently noted that she is now handling cases for 22 people who are part of the Windrush scandal. I pay tribute to her and her team and to the excellent but underfunded Lewisham Refugee and Migrant Network, which works with local people on these issues. Sadly, in one of the cases, a constituent’s father died while awaiting a decision on his Windrush application. I want therefore to ask the Minister: where an applicant dies before a decision on their application is made, would a relative still be eligible to claim under the deceased person’s estate claim? It seems that parental status needs to be settled before an application can be considered.

Secondly, community confidence in the scheme is low. It is deeply disappointing that the scheme has paid out so little to so few. An independent system managed outside the Home Office has, sadly, been ruled out by the Government, yet some of the recommendations from Wendy Williams’s review are about changing the culture in the Home Office. For example, she states that staff should learn about,

“the history of inward and outward migration and the history of black Britons.”

Have the staff working on Windrush taskforce and scheme gone through this type of learning? If not, why not, and will they?

Finally, we need to learn from decisions already taken continually to improve the scheme. The latest figures show that fewer than one in 20 Windrush claimants have received compensation. Knowing the reasons given for negative outcomes would allow for an assessment of whether any part of the process, such as the need to gather a large amount of evidence, are barriers to successful claims. Will the Minister commit to a review of negative outcomes to inform our understanding of the scheme and how it works in practice?

[The Deputy Speaker]

The noble Lord, Lord Dholakia, is having IT problems, so we will now go to the noble Baroness, Lady Bull.

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[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for giving us the opportunity to debate again this very sad issue. Many noble Lords have spoken of the problems and the history of this massive unfairness; it is a real human disaster. I suspect that it goes back to what I have seen for many years as the institutional racism of the Home Office.

My noble friend Lord Foulkes talked about the work that the Guardian has done in reporting on about 1,000 wrongful immigration offence reviews not being started for two years, and a backlog of 3,720 since the scandal was uncovered. Has the Home Office really changed its spots, as the noble Baroness, Lady Williams, suggested?

I recall that an early draft of the Williams report called the Home Office institutionally racist, and reckless in developing a defensive culture around immigration policy. Of course, you do not often get away with criticising the spoon that feeds you, as I found with my HS2 report. Has the Home Office really changed its spots?

I recall the immigration Bill, which I think has now been withdrawn. Like the noble Lord, Lord Taylor, I have to question how our hospitals would survive without immigrants. How would the academic world survive without the movement of world-beating academics? The hospitality sector is in very serious trouble, as I spoke about last week. Then, of course, there are the fruit and vegetable pickers; we now have to fly them in from Bulgaria, forgetting all about social distancing, which seems not to matter. We are in a worse state than Germany, where the chairman of the German fruit growers’ association was reported as saying that Germans are the wrong shape for picking fruit and do not like bending down. I think that applies to the UK as well.

The Home Office needs to change its spots and get rid of this dogmatic and unfair approach, which will do nothing to help our economy recover. Will the Home Office reflect fully on the Williams report and its recommendations? Will the Minister support the excellent suggestion from the noble Baroness, Lady Benjamin, of an independent review? That is a great idea, but it must be truly independent, and preferably not led by the Home Office.

[The Deputy Speaker]

I think that we may have the noble Lord, Lord Dholakia. No, we have no luck there. We will move on to the noble Baroness, Lady Hamwee.