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

Baroness Morris of Bolton Excerpts

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

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group consisting of Amendment 7. 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 the debate.

Schedule 1: Repeal of the main retained EU law relating to free movement etc.

Amendment 7

Moved by

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Rather than constraining their vision, I urge the Government to seize the opportunity to go further than the directive and boldly use our sovereignty to put in place a more robust system of protections for confirmed victims of human trafficking, as set out in my Modern Slavery (Victim Support) Bill, which is so ably championed in another place by the former Conservative Party leader, Sir Iain Duncan Smith. This would make sure that all victims in England and Wales have recourse to statutory support and assistance for a minimum of 12 months, something that does not apply in this jurisdiction. They would also be provided with leave to remain during their recovery period. My Bill would bring certainty for victims and help us to move into the Brexit age with a truly enlightened use of our new-found sovereignty. I urge the Government to make time for my Bill as soon as possible. I beg to move.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

The right reverend Prelate the Bishop of Bristol has withdrawn, so the next speaker is the noble Lord, Lord Randall of Uxbridge.

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

Baroness Morris of Bolton Excerpts

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

[Baroness Williams of Trafford (Con)]

My Lords, I thank you all, including the noble Lord, Lord Kennedy, who made a rousing speech, but I fear we will go over old ground here. However, I thank the noble Lords, Lord Oates and Lord Rosser, for providing the House with the chance to discuss the amendments on physical documents. I do not think they are necessary. I would like to reassure noble Lords that we already provide people who are granted settled or pre-settled status with a formal written notification of their leave. It is sent in the form of a letter, by post, or a PDF, by email, and sets out their immigration status in the UK. They can retain the letter, or print it, or electronically store the PDF and keep it as confirmation of their status for their own records and use it if they wish when contacting the Home Office about their status. I must say, it is not proof; it is confirmation. This should reassure individuals about their status when dealing with the Home Office in the future, but it should not be necessary because they will always have online access to information about their status, stored electronically by the Home Office.

Other countries, including Australia, as the noble Lady, Lady Hamwee, mentioned, issue physical documents in the form of biometric cards as they can otherwise be lost, stolen or tampered with.

On the point raised by the noble Baroness, Lady Bennett, about how the EU settlement application works, I had a session on this with noble Lords and I am happy to share that presentation with her. We are developing an immigration system whereby all migrants can demonstrate their immigration status via an online service, which they can access securely via the view and prove service on GOV.UK. It is accessible to them at any time and it allows them to share relevant information with third parties who need to check their status, such as employers and landlords, as noble Lords have mentioned. If necessary, EEA citizens can show third parties their written confirmation of status, so the person checking is made aware that there is an online service. Where there is a checked status, written confirmation must not be accepted by third parties as evidence of immigration status.

We are also developing services to make the relevant immigration status information available automatically through system-to-system checks at the point at which the person seeks access to public services such as healthcare and benefits. This will reduce the number of occasions when individuals need to prove their rights or need a document to do so.

In moving to a digital system, we recognise there are people who cannot access online services and will need additional support. The noble Lord, Lord Greaves, cited cases and others were cited, such as the Roma community or indeed another category of people altogether. The noble Baroness, Lady Bull, spoke about those in coercive or abusive relationships. We are committed to delivering a service that reflects the diverse needs of all users. Help on how to use the online services and share status information is available through our contact centre, and we provide a free assisted digital service where applicants to the EUSS or others making online applications in the UK are unable to get support. The assistance is tailored to an individual’s circumstances.

We provide a telephone helpline for landlords and employers in order to provide guidance on conducting right-to-work and right-to-rent checks. We are exploring additional support for those using our online services to ensure they can demonstrate their rights in the UK.

We will require EEA citizens to use their online evidence of immigration status only after 30 June 2021. We have designed the service to be easy to use, but guidance will be available should it be required. It will include guidance on those who care for vulnerable users and on use by a range of stakeholders working with local groups, including vulnerable groups.

The full package of measures that I have described will be available before EEA passports and national identity cards cease to be valid for proving rights in the UK after 30 June next year. In answer to the point on two systems that was made by the noble Lords, Lord Oates and Lord Paddick, we will replace physical and paper-based evidence of status with digital products for all migrants, starting with EEA citizens, in the next few years. These changes are being introduced gradually in a way that builds confidence for users and provides opportunities for adaptations and improvements informed by user feedback. At the same time, we are developing an extensive package of communications to ensure that everyone, from individuals to employers, landlords and other third parties, is fully aware of the move to digital and how online immigration status can be accessed and used.

Right-to-rent and right-to-work checks are not new. I have double-checked and right-to-work checks have been law since 2007. That is 13 years since they were introduced—14 by the time that online evidence of immigration is mandatory in June 2021—albeit they will now be in an online format. This move to become digital is not new. The UK public has learned to access many government services online, from applying for a UK passport to paying their vehicle excise duty. In July this year, 87% of vehicle tax renewals were made using the digital service, dispensing with the need for a physical disc on your car. The feedback from users indicates high satisfaction. UK driving licence holders are able to share online with third parties, such as car rental companies, whether they have driving-related convictions.

Employers are able to conduct right-to-work checks on foreign national employees remotely, without the need for physical documents to be handed over. Holders of biometric residence cards or biometric residence permits have already been able to prove their right to work to an employer by using an online service, instead of using their card, since January last year—the first step in our journey to make evidence of immigration status accessible online. The “view and prove” service is popular with users. In the last reporting period, from April to June this year, there have been over 400,000 views on the service by migrants. In the same period, there have been over 100,000 views of EU settlement status by organisations checking status. The average user satisfaction is very high, at a positive 88%.

It is hard to imagine how a country would have coped during Covid without the digital technologies which have enabled so many of us to work from home, shop and obtain government services remotely. We have seen a sharp uptake in digital provision by service providers and digital adaptation by the general public. Most visa applications are made online. Providing immigration status information online has enabled us to simplify and standardise the system of checks for employers, by providing information about an individual’s status in a format that is easy to understand and accessible to all users, removing the need for employers and others to interpret myriad physical documents, complex legal terminology or confusing abbreviations.

The EU settlement scheme has been at the forefront of the transition from biometric residence cards to secure online access to immigration status information. The online system is operating in parallel with existing document checks of passports or identity documents. This approach is helping employers, landlords and EEA citizens to transition from using physical documents to online services. Ultimately, all migrants coming to the UK, whether from other European countries or the rest of the world, will have access to online services which will enable them to show their immigration status without needing a document or biometric card.

On resilience, digital services are designed to be highly resilient, with rigorous testing to build assurance before services are seen by a user. Multiple security controls are in place to protect against cyberattacks and we have employed third-party organisations to conduct vulnerability and penetration testing to provide additional assurance that our online services cannot be compromised.

I shall not detain the House much further, other than to say that we will always send a formal written notification of the individual’s immigration status by email, in the form of a printable PDF document, or by post where a paper application has been made. As set out previously, I can assure noble Lords that we are committed to delivering an online service that reflects the diverse needs of all users. We recognise there are vulnerable people, such as the victim of domestic abuse and coercive control that the noble Baroness, Lady Bull, talked about or others in the Roma community that the noble Lord, Lord Alton, talked about, who may need additional support to use our online service to share their status.

Finally, on the policy equality statement that the noble Lord, Lord Oates, asked about—I think the noble Baroness, Lady Lister, mentioned it as well—I am very sorry to say that I cannot add to other Ministers’ comments. The statement will be published shortly as outlined by them.

I hope that with those comments the noble Lord will feel happy to withdraw the amendment.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, I have received requests to speak after the Minister from the noble Lords, Lord Paddick and Lord Kennedy of Southwark.

[Lord Paddick (LD)]

My Lords, I thank the Minister for her explanation. She started and ended by talking about the letter that is sent to people about their status, which can be saved on their computer as a PDF. The Government have said, time and again, that, as proof of the recipient’s immigration status, these letters are not worth the paper they are printed on. It is disingenuous of the Minister to pray in aid these letters in answer to these amendments.

I know the Minister is going to write to me regarding previous amendments. Perhaps she could add whether or not, at any stage in the future, the Government intend to provide digital proof that an EEA or Swiss national who is on a six-month visa-free visit to the UK is here legally.

Finally, the Minister talked about vehicle excise licences going digital and said that no physical disc is now necessary. Can she tell the House what the increase in evasion of vehicle excise licences has been as a result of going completely digital?

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Amendments 50 to 52 not moved.

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 53. 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 this clear in debate.

Amendment 53

Moved by

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

Baroness Morris of Bolton Excerpts

Report stage & Report: 3rd sitting (Hansard) & Report: 3rd sitting (Hansard): House of Lords
Tuesday 6th October 2020 Lords Chamber

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group consisting of Amendment 28. I remind noble Lords that Members others 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 debate.

Clause 5: Power to modify retained direct EU legislation relating to social security co-ordination

Amendment 28

Moved by

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Hello?

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Is the noble Lord moving his amendment?

[Lord Flight (Con) [V]]

No.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Well, the noble Lord has actually spoken, so he needs to move it for everybody else to respond.

[Lord Flight (Con) [V]]

Right. I will withdraw the amendment when I sum up at the end.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Lord, Lord Naseby, has withdrawn, so I call the noble Baroness, Lady Hamwee.

[Baroness Hamwee (LD)]

My Lords, on the first day of Report, on an equivalent amendment to Clause 4, the Minister gave an assurance that the Government have absolutely no intention of acting incompatibly with the citizens’ rights provisions in the withdrawal agreement. However, as the noble Lord, Lord Flight, has said, that is not the point. He set out very carefully the social security provisions which are the issue here. The concern is that the use of regulations, or secondary legislation, to modify the primary legislation that is the basis of the various benefits could wittingly or unwittingly modify them—“modify” is a polite legislative word for “cause a lot of people a lot of problems”. If this amendment were part of the Bill, it would protect against this.

Last week, the noble Lord referred to the establishment under the 2020 Act of the Independent Monitoring Authority, and I was grateful for that. I share a rather wry smile with noble Lords because provided for in the authority’s powers is that it may make applications for judicial review—we all know the Government’s expressed position on activists and lawyers using applications for judicial review and generally not liking frequent resort being made to them. There is of course a review of the use of judicial review going on at the moment. So I thank the noble Lord for that moment of amusement in this complicated area. I support the amendment.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I am grateful to the noble Lord, Lord Flight, and the noble Baroness, Lady Hamwee, for speaking to this amendment. The Government have given written assurances in every Bill document throughout the passage of the Bill on this point; I have reiterated those assurances in Committee, and I will do so again here.

I can assure the House that Clause 5 does not enable the Government to alter the rights guaranteed to those in scope of the withdrawal agreement. The entitlements of this cohort are guaranteed by Sections 7A and 7B of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. The power at Clause 5 will not and cannot affect those provisions. Rather, it allows for EU law retained by Section 3 of the European Union (Withdrawal) Act 2018 to be modified. The rights under the withdrawal agreement are therefore provided by a distinct and separate legal mechanism in relation to that of retained EU law, and this power will not affect the rights of those within the scope of the agreement. This includes those examples given by the noble Lord, Lord Flight, such as state pension uprating, the S1 scheme and the aggregation of contributions. It is therefore the Government’s view that Amendment 28 is unnecessary, on the grounds I have set out.

I note the request of the noble Baroness, Lady Sherlock, for my letter to her to be placed under the “will write” section—I am so pleased that that makes sense—of Bills before Parliament.

I reiterate that it is the Government’s view that Amendment 28 is unnecessary, on the grounds I have set out. I hope that with this explanation, the noble Lord, Lord Flight, will withdraw his amendment.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I have received no requests to ask a question of the Minister, so I now call the noble Lord, Lord Flight.

[Lord Flight (Con) [V]]

My Lords, this amendment addresses the aggregation of social security contributions across the EU, mutual healthcare and, in particular, the payment of pensions and pension increases to pensioners living in different EU countries. It is important that citizens’ positions are protected. The noble Baroness, Lady Stedman-Scott, has given a satisfactory undertaking that these areas cannot be affected by the clause in question and that this amendment is therefore not necessary. I beg leave to withdraw the amendment.

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[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, we now come to the group beginning with Amendment 32. 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 this group, to a Division should make that clear in the debate. I should inform the House that if Amendment 32 is agreed to, I cannot call Amendment 32A.

Schedule 1: Repeal of the main retained EU law relating to free movement etc.

Amendment 32

Moved by

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

Baroness Morris of Bolton Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 21st October 2020 Lords Chamber

Given the commitments of the Government that I have set out, and with thanks to them for those commitments, I beg to move.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

My Lords, I have received no notice of unlisted speakers. Does anyone in the Chamber wish to speak? No. In that case, I now call the noble Baroness, Lady Hamwee, and hope that she has been unmuted.

[Baroness Hamwee (LD) [V]]

This stage does not need a long speech, so I will say only that I understand why the noble Lord, Lord McColl, is not pursuing matters today. I know that he will continue to press for all the things his Bill covers with regard to victims of trafficking and exploitation, and no doubt many other things as well. Of course, we support him. We, too, are concerned about this dreadful crime and the importance of supporting all those who have been victims of it.