All 3 Baroness Henig contributions to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

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Wed 9th Sep 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
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Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Mon 14th Sep 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
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Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Wed 30th Sep 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
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Report stage & Report stage:Report: 1st sitting & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords

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

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Department: Home Office

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

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

(3 years, 6 months ago)

Lords Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 121-III Third marshalled list for Committee - (9 Sep 2020)
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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I have received a request to speak after the Minister from the noble Baroness, Lady Hamwee.

Baroness Hamwee Portrait Baroness Hamwee (LD) [V]
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The Minister talked about the service being far from making a profit, yet we have heard from the Government on previous occasions about the surplus that is achieved from individual payments and fees. Will she write to noble Lords after today’s debate explaining in only as little detail as is required what the finances of this service are in order to square those two statements?

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
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I am very grateful to all noble Lords who added their names to this amendment or who spoke from across the Committee. The noble Lord, Lord Alton, talked about being a member of the infantry. With infantry like this, who needs generals? We have had such powerful, passionate, well-informed speeches from across the Committee. I think they all came from the heart, and that is what made them so powerful. It is clear that everybody feels very strongly about this, particularly when talking about the implications for children.

The right reverend Prelate used the word “iniquitous”, which is unusually strong, given his measured approach. This is iniquitous and we should take note when someone such as the right reverend Prelate uses that word. It is a tragedy that we are having to come back to argue this again. The Windrush scandal is hanging over it all like a spectre. It is important that we do not repeat that shameful episode in our country’s history.

I thank the Minister. I am relieved that she did not try to argue that citizenship is not important—I think she realised that she was on hiding to nothing if she tried to do that. Apart from that, however, I am disappointed that there is no sign of any give in the Government’s position.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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I am sorry to interrupt, but somebody else wants to ask a question. I shall let them ask the question and then come back to the noble Baroness, Lady Lister, to let her finish. I am really sorry about this. The noble Baroness, Lady Bennett, has made a late request to ask a question and I think we should let her ask it.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP) [V]
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I thank noble Lords and apologise for my lateness; I am having a very bad day with technology. I tried to send the email about 30 minutes ago.

I join other noble Lords in being very disappointed given the powerful and wide-ranging contributions from all sides of the Committee, both spiritual and temporal. In asking my question, I think I need to declare my position as a vice-president of the Local Government Association. I wonder whether the Minister can offer us one concession tonight or whether she will go away and think about making this concession. I refer to Amendment 68 and to subsection (2) of the proposed new clause which refers to children in the care of a local authority. I do not need to tell noble Lords that local authority funding is extremely stretched and extremely fragile and that there are huge demands on children’s services. As a responsible institutional parent, a local authority would surely want to secure citizenship for a child in its care, but that would be taking money away from other services, so will the Minister consider at least thinking about ensuring that if there is no waiving of fees, local authorities are recompensed for the cost of those fees?

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Amendments 31 and 32 not moved.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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We come now to the group consisting of Amendment 33. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate—hopefully sooner rather than later. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 33

Moved by

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

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Department: Home Office

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

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

(3 years, 6 months ago)

Lords Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 121-IV(Rev) Revised fourth marshalled list for Committee - (14 Sep 2020)
Relevant document: 11th Report from the Constitution Committee
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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My Lords, hybrid proceedings will now resume. Some Members are here in the Chamber, respecting social distancing, and others are participating remotely, but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn the House.

This is day three in Committee on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. I will call Members to speak in the order listed in the annexe to today’s list. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted.

During the debate on each group, I invite Members, including Members in the Chamber, to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request and will call the Minister to reply each time.

The groupings are binding and it will not be possible to degroup an amendment for separate debate. A Member intending to press an amendment already debated to a Division should have given notice in the debate. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group. We will now begin.

Debate on Amendment 39 resumed.
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Lord Hylton Portrait Lord Hylton (CB) [V]
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My Lords, I apologise for not taking part in this Bill until now—perhaps a relief to your Lordships. However, I would like to emphasise that the hybrid proceeding is no way to conduct the Committee stage of a Bill with so many implications. I asked the usual channels to look seriously at what the noble Lord, Lord Cormack, said last Monday on returning to more normal procedures.

I support Amendment 39 and the others in this group. In connection with bail, is there now a backlog in applications for bail from immigration detainees? If so, what are the Government doing to ensure that such applications are promptly heard?

These amendments point to a much wider need to reduce the use of immigration detention, which is expensive and harms the mental health of detainees, sometimes leading to suicide. I understand that the UK is the only European state to allow detention for an unlimited period. Even in the case of foreigners convicted and jailed, with a recommendation for deportation, better co-ordination between the Ministry of Justice and the Home Office should ensure that deportation takes place immediately on release from prison. I hope to have a positive reply on this point to a Question for Written Answer recently tabled.

In conclusion, I note that the June report from the National Audit Office stated that total voluntary and forced returns to other countries had fallen dramatically since 2015. This is perhaps understandable, given coronavirus and a lack of flights. The report also spotted regional variations in enforcement. Much intelligence is still not being assessed or used. I trust, therefore, that enforcement will soon improve and that official statements will avoid terms that increase fears and xenophobia, such as the labelling of all unofficial landings or arrivals as “illegal”. I trust that progress will be made on all angles of this group before Report.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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The noble Baroness, Lady Jolly, does not wish to speak. I call the noble Lord, Lord Kennedy of Southwark.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, this debate has focused on several new clauses which are to be inserted after Clause 4. I have signed up to Amendments 39, 40, 41 and 94, along with my noble friend Lord Rosser and the noble Baronesses, Lady Ludford and Lady Hamwee, who opened this debate last Wednesday. I am also supportive of Amendment 70, in the name of the noble Lord, Lord Ramsbotham.

The risk here—it is all about risk—is that many people will not have their status sorted and will not have put a claim in, and are then at risk of detention. Immigration detention is something that should happen only in the most necessary cases and for the shortest period of time possible. My noble friend Lady Lister of Burtersett set out, with examples, the effect of detention and the damage of not knowing when you are going to be released on individuals and their mental health. We need to think about that: we can all accept that being locked up and not knowing when it is going to end is not a good place to be.

Taking that into account, can the noble Baroness, Lady Williams of Trafford, when she responds to the debate, tell us what safeguards will be put in place to ensure that the minimum number of people are detained and for the shortest possible time? The noble Baroness, Lady Hamwee, said she expected to be told that most people are released from detention after a short period of time, but we need to think about those who are not.

There is also the risk of redetention: when a person reports who is required to do so and then finds themself detained by the authorities. How long will it take for an application to remain to be considered? As we have heard, Amendment 39 would impose a strict time limit of 28 days and ensure that detainees could not be redetained unless—I emphasise “unless”—there has been a specific change in circumstances.

Amendment 40 sets out the conditions for a person to be detained in the first place and Amendment 41 provides for bail hearings during the initial detention period of 96 hours. Amendment 94 brings in the provision six months after the Bill comes into force. This gives the Government time to get all the procedures and regulations correct. I agree with the comments made in that respect by the noble Earl, Lord Sandwich.

As I said earlier, I am supportive of Amendment 70, spoken to by the noble Lord, Lord Ramsbotham, and others. This amendment raises the issue of those individuals in immigration detention who are segregated and at risk of being locked in their cells for up to 23 hours a day. I fully accept that there must be rules and that people must be protected from either themselves or from others, or from causing harm to others. However, we also must be mindful of the effects that detention—of being locked in a cell for long periods of time—can itself have on someone’s mental health. Again, my noble friend Lady Lister of Burtersett made reference to this in her contribution. I look forward to the response from the noble Baroness.

The right reverend Prelate the Bishop of Durham said in his contribution that these people have committed no crime. They themselves may be the victims of horrific crimes, and periods of detention can be long and re-detention is a real risk. When considering these amendments, we have to think about the effect of the risk of being re-detained on individuals who may, in the end, be given leave to remain in the United Kingdom. We must remember that these people have committed no crime here in the UK.

I will leave my remarks there; I look forward to the Minister’s response.

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Following that lengthy explanation, I hope that noble Lords will be happy to withdraw their amendments.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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I have received a request to speak after the Minister from the noble Baroness, Lady Ludford.

Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I will have to read what the Minister has said when I pore over Hansard, but I do not think that I am reassured in relation to the grace period SI. This SI refers to how the provisions of the EEA regulations 2016 continue to have effect despite the revocation of those regulations by this Bill—but it is the EEA regulations, unlike Appendix EU for the settlement scheme, which require CSI.

In accordance with the promise made by the then Home Secretary Theresa May in 2017, CSI would not be required as part of a settlement scheme application, but the grace period SI, by referring to the EEA regulations, as opposed to the rules under Appendix EU, that is EU settlement scheme rules, appears to be reintroducing the requirement for CSI. This is complicated and perhaps I have not properly understood it, and I will have to pore over what the Minister says.

Representatives of the 3 million were told by an official at the end of last week that there appeared to be a mistake, although this is only hearsay—perhaps this official did not understand any more than I did—but immigration lawyers who are trying to advise EU citizens on this think there is a problem. Referring to the EEA regulations incorporates a requirement for CSI—that is to say private health insurance—which has not been required during the settlement scheme application to date, but suddenly, in the grace period, it will be. Citizenship will also be required, but there is a discretion for that. Unlike for citizenship, there does not even appear to be a discretion to exempt it for settled status.

Clearly, the Minister, who is shaking her head at me, thinks I have continued to misunderstand this, but I remain less than reassured, and I hope I will manage to get it clearer in my own head. Perhaps more importantly, people whose profession it is to understand the EEA regulations and the settlement scheme, as opposed to a mere legislator, might be reassured by the Minister’s words, and I will defer to her.

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Amendments 45 to 47 not moved.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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We now come to the group consisting of Amendment 48. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 48

Moved by

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

Full Debate: Read Full Debate
Department: Home Office

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

Baroness Henig Excerpts
Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020

(3 years, 6 months ago)

Lords Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 121-R-II Second marshalled list for Report - (30 Sep 2020)
Lord Ashton of Hyde Portrait Lord Ashton of Hyde (Con)
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My Lords, I apologise for the technical hitch; it is the first time that the voting system has let us down. I am afraid that it is not going to be fixed today. We have talked to the clerks and the usual channels, who have shown great flexibility, and I think noble Lords will be amazed at the speed at which we are altering procedures. We intend to carry on with the debate outlined in today’s list. As usual, movers or Front-Benchers must give notice of whether Members wish to vote or wish to withdraw their amendments in the normal way. Then we will have a deferred Division on the amendment at some time in the future if the mover or Front-Bencher indicates that they want a Division. That will probably be on Monday 5 October, the second day of Report. That will allow the House to continue its scrutiny and also, where necessary, to test the opinion of the House, albeit later.

Baroness Henig Portrait The Deputy Speaker (Baroness Henig) (Lab)
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My Lords, the Division on Amendment 3 has been deferred, so I now call Amendment 4. 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. As we have just heard, anyone wishing to press this or anything else in this group to a Division—which I should emphasise will not take place today—should make this clear in the debate.

Clause 4: Consequential etc. provision

Amendment 4

Moved by
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, I again thank the noble Lord, Lord Green of Deddington, for the return of this amendment, on which we had an interesting and mixed debate in Committee; it has been no different on Report.

As I outlined in our previous debate on this matter, this amendment would have the effect of reintroducing into regulations a resident labour market test for EEA and Swiss nationals and reversing a government decision to abolish this test under the UK’s new points-based immigration system. I have to say to noble Lords that the Government did not take this decision lightly or indeed in isolation. On the face of it, it sounds absolutely fair and sensible to require a job to be advertised in the UK for 28 days to establish whether there is anyone suitable in the domestic labour market before the job can be offered to an overseas migrant. However, we should be imposing a resident labour market test only if we think it would genuinely offer extra protection to resident workers and, in turn, support UK employers and organisations to access the skills and talents they need. The Government do not think that is the case. Not only does it add a burden on business and considerably slow down the process of recruiting a skilled migrant, without any guarantee of a vacancy being filled from the resident workforce, but it does so at a time when we are seeking to streamline and simplify the system and give UK employers and organisations the certainty they need.

My noble friend Lord Lilley—I am glad he is in the Chamber—rightly drew our attention in Committee to his experience of visiting Nissan, highlighting its enthusiasm and drive for training and retaining people in the UK. I am sure all noble Lords would agree that this is something to be celebrated and encouraged. Indeed, it fits with the Government’s clear assertion that immigration must be considered alongside investment in and development of the UK’s resident labour force.

However, I recognise the valid point made by the noble Baroness, Lady Ludford, who is not in the Chamber today, about the immigration system not being the way to enforce and encourage training of domestic workers. Where I would respectfully stray from her view is to say that while our immigration system should not be considered a silver bullet, it absolutely has its part to play in supporting businesses and ensuring that they invest in training to encourage staff retention. We must achieve a sensible balance.

That view and the decision to abolish the existing resident labour market test is not just a government opinion; it is based on the clear economic advice of the Migration Advisory Committee. The noble Lord, Lord Green, and others in this House are correct in saying that the MAC’s expertise is focused on economics, but one strength of the MAC is that it does not represent any one sector or industry. The MAC is well used to running large-scale consultations and assimilates evidence from many employers, businesses and sectors to produce carefully considered conclusions that apply to the best interests of the whole of the UK. This is exactly what the MAC did in reaching its findings and recommendations in its September 2018 report. I note the point that the noble Lord, Lord Green, made about the MAC’s view on the salary threshold at the time.

The decision to abolish the resident labour market test was not simply a U-turn undertaken given pressure from businesses. I highlighted this during our debate on this subject in Committee, but it is worth reasserting what the MAC said given the concerns of many Peers—which I and the Government share—around the uncertainty that many UK workers will face as a result of the current pandemic.

In addition to the economic arguments, as part of its September 2018 report the MAC said:

“We do think it important to have protection against employers using migrants to under-cut UK-born workers. The best protection is a robust approach to salary thresholds and the Immigration Skills Charge and not the RLMT.”


The Government agree, and that is why we are maintaining a firm requirement in the new points-based system for migrants who come under the skilled worker route to be paid a salary which does not undercut domestic workers.

We are also retaining the immigration skills charge. The requirement to pay that charge—alluded to by the noble Lord, Lord Paddick—the proceeds of which contribute directly to the UK skills budget, helps ensure that employers are unlikely to employ a migrant when there is someone more suitable to undertake the role within the domestic labour force. Given the expansion of the skills threshold and the fact that UK employers will no longer be able to rely on recruiting EEA citizens coming to the UK under free movement, we consider it very likely that the charge will create an appropriate barrier and will result in businesses thinking twice before looking immediately to the overseas labour force.

On the basis that we are maintaining robust protection for resident workers, and because the key expert advisers have said that we should not apply a resident labour market test, which echoes views heard by the Government from extensive engagement with stakeholders across the UK, I hope that the noble Lord will feel happy to withdraw his amendment.

Baroness Henig Portrait The Deputy Speaker (Baroness Henig) (Lab)
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There are no requests to speak after the Minister, so I call the mover of the amendment, the noble Lord, Lord Green of Deddington.

Lord Green of Deddington Portrait Lord Green of Deddington (CB) [V]
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My Lords, I thank the Minister for her response. This is not the time to counter anything that she might have said, but I fear that the Government may come to regret their reliance on a group of economists, however capable they certainly are. For example, she made no mention of the concept of fairness. I think that most of us who have dealt with employees of any kind understand the overriding need for people in charge to be fair. Therefore, I was amazed that the noble Lords, Lord Paddick and Lord Kennedy, care so little, it would seem, about the genuine concerns of what I like to call real working people.

I will leave it at that, except to thank the other noble Lords who spoke with most effective support for our proposals. With that, I beg leave to withdraw the amendment.

Amendment 7 withdrawn.
Baroness Henig Portrait The Deputy Speaker (Baroness Henig) (Lab)
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We now come to the group consisting of Amendment 8. 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 amendment to a Division should make that clear in the debate.

Amendment 8

Moved by
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Amendment 9 not moved.
Baroness Henig Portrait The Deputy Speaker (Baroness Henig) (Lab)
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We now come to the group beginning with Amendment 10. 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 amendment or anything else in this group to a Division should make that clear in debate.

Amendment 10

Moved by