(3 years, 8 months ago)
Lords ChamberUniversities and other providers are independent institutions, responsible for their own staffing decisions and for meeting their duties under the law, regarding both freedom of expression and equality. However, the Government have been clear that we expect universities to be at the forefront of tackling anti-Semitism and ensuring that they provide a welcoming experience for all students. That is why my right honourable friend the Education Secretary wrote to providers, encouraging them to adopt the IHRA definition, as a result of which, I am pleased to say, more than 50 additional institutions have done so.
My Lords, on that point of a welcoming environment for Jewish students, the University of Bristol, in a statement on its investigation, said that its,
“clear and consistently held position is that bullying, harassment, and discrimination are never acceptable. We remain committed to providing a positive experience for all our students and staff, including by providing a welcoming environment for Jewish students”.
That is not happening at that university and, sadly, at all too many other universities. In a debate in January initiated by the noble Baroness, Lady Deech, who follows me today, she said that some universities were becoming no-go areas for Jewish students. This is surely intolerable. There is a systemic problem here and I should like to hear the Minister say how he is going to tackle that on a—
(4 years, 3 months ago)
Lords ChamberMy Lords, previous speakers have forcefully made the case on this question. When you really think about it in the round, it really is quite extraordinary the degree of charges in fees imposed on people by the immigration system. We discussed on earlier occasions the fact that fees on immigration applications for visas are set well above the administrative cost of processing those applications. On top of that, obviously, people pay tax and national insurance. Then we are to impose the health surcharge on top of that, as an additional tax on people who have come here not to be on holiday and swan around but to work and contribute to life in this country. It seems a kick in the teeth that, even if you work in parts of the health or social care system—and I shall come on to that—you have to pay to use the services in the premises that you work in. That seems quite extraordinary, and it might be looked back on as such in future.
The Government have, of course, announced that healthcare staff who qualify for their new NHS visa will be exempted from paying the surcharge, but other healthcare and social care staff will still have to pay up front. People like cleaners and porters will be forced to pay thousands of pounds for the period of their visa. The visa cost is rising in October to £624 and payment has to be made for every year the visa covers, and the right reverend Prelate the Bishop of Southwark itemised that. It could amount to over £6,000, if my memory is correct—I cannot remember the exact figure; it is getting a wee bit late—for a family of four with a three-year visa. That could cause considerable financial hardship on top of visa renewal fees that they are trying to save up for, then having to pay for the immigration health charge. They may also be subject to “no recourse to public funds,” which we discussed in the last group. It is not a double or triple whammy—it is a quadruple whammy, I think.
The amendments in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark, are thoroughly justified, as is Amendment 65, which my noble friend Lady Jolly spoke to so eloquently. The contribution of volunteers to the health and social care system is obviously considerable, and it does not seem right to make them pay the immigration health surcharge. I hope the Government will find some compassion in their response this evening.
My Lords, I am grateful to the noble Lords, Lord Rosser and Lord Kennedy of Southwark, for tabling Amendments 54 and 55 and to the noble Baroness, Lady Jolly, for tabling Amendment 65. As noble Lords have noted, in May the Prime Minister asked the Home Office and the Department of Health and Social Care to exempt NHS and care staff from the immigration health charge, because of the exceptional contribution that they make to healthcare in this country. This exemption will apply to relevant applications and, once our new immigration system is in place, will apply regardless of nationality.
Given that broader scope, we feel that Amendment 54 is unnecessary. On the point raised by the noble Baroness, Lady Jolly, on volunteers, the Department of Health and Social Care is developing guidance on who will be eligible to apply for the surcharge reimbursement scheme and will publish that shortly. That involves consultation with the sector, but I would be happy to agree to the meeting that she requested in the meantime to discuss this with the Minister.
I am pleased to say that applicants for the new health and care visa, which was launched on 4 August, are automatically exempt from the charge, in that a draft statutory instrument incorporating this exemption has been laid before Parliament. Those professions eligible to apply for this visa include doctors, nurses and other critical health and care staff. The visa also includes reduced visa fees, and dependent family members are also able to benefit from that. The Department for Health and Social Care is working on a reimbursement scheme for staff in the health and care sector who either do not meet the requirements of the health and care visa or are in the UK on a different visa. More details on that scheme will be published in due course.
We have a fantastic service in our National Health Service. It has been provided by people from all over the world from, as the noble Lord, Lord Kennedy, pointed out, its inception, before we joined what became the EU, and that will be the case long after we leave it. The immigration health surcharge is designed to help support this by ensuring that temporary migrants who come to the UK for more than six months make a fair contribution to the wide range of NHS services available to them. Income from the charge contributes to the long-term sustainability of a health service of which we are all, especially at the moment, justifiably proud. It has raised approximately £1.5 billion in much-needed income for the NHS since its introduction in 2015 to the end of the financial year 2019-20. This income has been shared between the four devolved health administrations in line with the Barnett formula, helping to fund the National Health Service across the UK.
We are introducing a new single immigration system once free movement ends, and our expectation is that people of all nationalities, including those from EEA countries, will pay the surcharge if they are staying for temporary periods of longer than six months, unless an exemption applies. Certain groups of people are exempt from the requirement to pay the surcharge, including those on the health and care visa. Others benefit from a discounted rate. Meanwhile, as I am sure noble Lords will appreciate, the Government are in the process of negotiating reciprocal arrangements with the European Union, and it is important that we do not undermine those negotiations through this Bill.
Amendment 55, in the names of the noble Lords, Lord Rosser and Lord Kennedy, seeks to exclude NHS employers from having to pay the immigration skills charge, where they are recruiting EEA or Swiss citizens. The Migration Advisory Committee has previously supported, in its September 2018 report on the impact of EEA migration in the UK, the continued application of the skills charge without exemptions for particular sectors, alongside salary thresholds as a way to protect against employers using migrant labour to undercut the domestic workforce. The Government stand by this requirement. Immigration must be considered alongside investment in, and development of, the UK’s resident workforce. This is all the more important in the face of any uncertainty caused by the current Covid-19 pandemic.
For the reasons set out, I hope that the noble Lord will feel able to withdraw his amendment tonight.
(4 years, 3 months ago)
Lords ChamberWe on these Benches are most grateful to the noble Lord, Lord Rosser, for tabling this amendment, which I can describe as an insurance policy. I agree with everything he said about Clause 4 powers, which we have had a chance to discuss, but we have a hierarchy of aims, the top one being to persuade the Government that Clause 4 is really not fit for purpose, as our committees have helpfully advised us, and that they need to go away and think again about it. The second choice would be that they accept that the broad scope, the width, of the powers they intend to give themselves is far too vague and imprecise—“in connection with”, “affecting”, et cetera—and that they need serious discipline, rigour and tightening up. The advantage of the amendment of the noble Lord, Lord Rosser, is that if we fail in those ambitions, we would at least, I hope, have the fallback position of looking after a year at what improvements we could make.
This is not like the Covid regulations, where the Government are reacting to an emergency situation. That is the more normal scenario for a sunset clause, but, none the less, the clause has a huge impact and demonstrates that “taking back control” did not mean taking back control for Parliament, let alone the people, it meant taking back control for the Government. It was a clever slogan, but unfortunately it has been heavily misused, and Clause 4 sums up all the problems with the approach that has been followed in the past few years.
If we do not succeed in our other ambitions in relation to Clause 4, it is sensible to have this fallback position of a sunset clause so that at least we would have a specified review date when we could reconsider what use is being made of Clause 4.
I thank the noble Lord, Lord Rosser, for moving Amendment 25, with its purpose to sunset the regulation-making power in Clause 4. As the noble Lord, Lord Kennedy of Southwark, said, this part of the Bill has already received quite a lot of attention, and I am sure will continue to do so in this and subsequent stages. As we know, Clause 4 enables regulations to be made
“in consequence of, or in connection with,”
Part 1, which relates to the ending of free movement and clarifying the rights of Irish citizens. The amendment would set the end date for using the regulation-making power as one year after the end of the transition period—that is, 31 December 2021.