European Union (Withdrawal Agreement) Bill

Baroness Williams of Trafford Excerpts

Committee: 1st sitting (Hansard) & Committee stage & Committee: 1st sitting (Hansard): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Lord McNicol of West Kilbride (Lab)]

My Lords, the amendment moved by the noble Lord, Lord Greaves, would grant an automatic continuation of pre-exit-day rights and immigration status for EU citizens resident in the United Kingdom. This is a position that the Labour Party has consistently supported. Indeed, the party put forward amendments to that effect when the original Article 50 Bill was considered. However, the then Prime Minister resisted any amendments to that Bill on this issue.

The Government waited a long time to announce that they would unilaterally guarantee the rights of EU citizens resident in the UK, even in the event of a no-deal exit. However, regarding this amendment, the reality is that the settled status scheme has now been operational for some time and the withdrawal agreement was negotiated on the existence of such a scheme. As such, while we sympathise with the thrust behind the amendment of the noble Lord, Lord Greaves, we believe that a better approach is to reform the current system, as the next group of amendments aims to do.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank the noble Lords, Lord Greaves and Lord McNicol, for their comments. The initial points made by the noble Lord, Lord Greaves, were about Immigration Rules. There will be an update in March. He made some points about Big Ben; I was not sure what they were. He also talked about gloating, but I do not observe any member of your Lordships’ House gloating over the Bill and I concur with the noble Lord, Lord Grocott, that comparing the UK on 31 January to Nazi Germany is a step too far.

To get to the point of what the noble Lord eventually said, we reject the proposed new clause in Amendment 1. It is well intentioned but unnecessary; it conflicts with our general implementation of the withdrawal agreement, the EEA EFTA Separation Agreement and the Swiss citizens’ rights agreement. For brevity, I will refer to these as the agreements. My references to EU citizens should likewise be taken to include these EEA/EFTA and Swiss nationals, and their family members.

Citizens’ rights have been a priority in negotiations and the Government have delivered on that commitment, reaching agreements that provide certainty to EU citizens in the UK and to UK nationals in the EU that they can continue to live, work, study and access benefits and services broadly as now. Clauses 5 and 6 create a conduit pipe, which makes the rights and obligations contained in the agreements available in UK law. This is intended to replicate the way that EU law applied in the UK while the UK was a member state, and these clauses ensure that the rights contained in the agreements are available to EU citizens in the UK. The agreements provide certainty and protect the rights of EU citizens lawfully resident in the UK before the end of the implementation period. Existing close family members, including children of those covered in the agreements, will also have a lifelong right to family reunion. The as-yet unborn children of EU citizens will also be protected. This protection applies equally to UK nationals in their member state of residence and is guaranteed by the withdrawal agreement.

The UK has already introduced the EU settlement scheme, which is the means for EU citizens to obtain the status that confers rights under the agreements. The scheme provides a quick and easy way to do this, and it is a success. According to the latest internal figures, over 2.8 million applications have been received and 2.5 million grants of status made. The Home Office is processing up to 20,000 applications a day. We are working tirelessly with communities up and down the country to raise awareness and keep up this momentum. The scheme already allows EU citizens protected by the agreements to obtain UK immigration status, which enables them to remain here permanently after exit. The proposed new clause is therefore unnecessary, as it conflicts with the purpose and operation of the scheme.

Finally, the proposed new clause makes reference to those resident in the UK on exit day, at the end of this month. As the noble Lord should know, rights under the agreements are conferred on those resident in the UK at the end of the implementation period, which is at the end of this year. The proposed new clause therefore does not align with our obligations under the agreements. I hope that has reassured the noble Lord on the concerns expressed through this new clause and I ask him to withdraw his amendment.

[Lord Greaves]

My Lords, I will certainly withdraw the amendment and I am glad that the Minister discovered the error that I had made when it was too late to correct it. I thank her for that but, as I said, it is not a carefully honed amendment; it is an amendment to declare a principle. The Minister says that it declares the principle behind what the Government are doing. That is clearly not the case. It is the case in many areas, but not in all. As for the settled status scheme, it is certainly the most efficient Home Office scheme that I have come across in recent years—although that does not say very much—because of the effort that has been put into it. I thank her for that. The Minister said, and the Government keep saying, that the rights of European citizens will be broadly as now. It is “broadly” that is a weasel word.

Finally, I did not compare this country to Nazi Germany and obviously I would not do so; that would be ridiculous. What I am saying is that some of the conditions that exist in this country are similar to those that existed in Germany between the wars before the Nazis came to power. You can think that that is right or that it is wrong, but I believe it is the case. Look at the amount of racist abuse there is on social media, while if you listen to pub conversations, you can hear people saying things that perhaps three, four or five years ago they would have kept to themselves. There is an amount of abuse by a small minority of people that is not being stopped by the social controls that previously existed. That, I am afraid, is the position.

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[Lord McNicol of West Kilbride]

My noble friend Lord Cashman puts it very well. To the noble Lord, Lord Hamilton, I say that, on the contrary, the rights of British citizens across the European Union are of the utmost importance, and I believe that their position can be negotiated over the coming months. I was referring to people who have chosen to move to this country to work, live and bring up their children, who go to our schools, and who help in our hospitals. The Government of this country, and all of us, have a responsibility to look after and do right by these people, but not by way of punishing British citizens who have chosen to live abroad.

We will discuss appeals in the next group of amendments, but there are too many examples of the current settled status scheme falling short of expectations. As we have heard, those who get settled status receive it digitally, rather than in the form of a physical document. As the noble Lord, Lord Warner, said, a piece of paper, not a code, gives so much reassurance. It does not feel as though it is too much of a step to move to a physical document rather than something in the cloud or on a computer. While the Government more generally are trying to shift services online, there is evidence to suggest that the lack of physical documentation leads to an increased level of discrimination. As we heard from my noble friend Lord Cashman, there is also a risk of temporary outages of online systems and hacking, which could compromise the data of hundreds of thousands—or millions—of EU citizens. It is not too late for the Government to change their approach. This would provide reassurance to law-abiding EU citizens legally resident in the United Kingdom.

The motive for both these amendments is probably best summed up in a note from the3million. As the Government have stated, those who fail to successfully apply by the deadline can be deported. They become fully illegal immigrants overnight: by simply remaining in the country, they commit a criminal act. They have no right to reside, to keep their jobs or to access benefits or healthcare. In closing, I support Amendments 2 and 3.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have spoken in the debate on this group. I take note of the words of the noble Lord, Lord Warner, about the 500 civil servants who could end my career—I am surprised I have lasted so long, given that there are so many people out to get me.

I commend noble Lords for what they seek to achieve in their amendments, because they do not seek to achieve anything different from the Government: to reassure those highly valued EU citizens already resident here that they will have the right to remain after exit. However, the amendments take a slightly different approach to getting there, and we think they undermine the whole approach under the EU settlement scheme in the creation of a declaratory system.

Under the proposed new clause in Amendment 2, EU citizens would be able to apply for a document confirming their residence status if they wished, but would have to provide evidence of their rights if they wanted to access benefits and services. This is inconsistent with our international obligations under the withdrawal agreement. Alternatively, the proposed new clause in Amendment 3 would make provision for rights to be automatically conferred and enable EU citizens to register for a document confirming their residence status only if they wished to do so. This change in approach would cause confusion and uncertainty among the very EU citizens who we are trying to protect, including the over 2.8 million people who have already applied under the EU settlement scheme.

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[Lord Warner]

I am sorry to interrupt the Minister’s flow, but how many people who have already registered have sought hard copy or physical evidence of their registration and status?

[Baroness Williams of Trafford]

If you apply and are successful for either pre-settled status or settled status, you will receive a letter. That is not in itself proof of your status, because your status is a digital one, but you will receive a letter to confirm the success of your application.

[Lord Warner]

I am sorry, but that is not my point. How many people have applied for a document saying that they have settled status, which they can show to a GP or a landlord?

[Baroness Williams of Trafford]

I do not have the numbers for how many people have applied for a document that confirms settled status, but I can find out. The fact that 2.5 million people have been successful should partly satisfy noble Lords that the system is working well. Also, there have been only five rejections on the system so far. I will come to the point made by the noble Baroness, Lady Ludford, later, but that is quite a decent statistic when you think about the—

[The Lord Bishop of Leeds]

I thank the Minister for giving way. Does she agree that many of the 2.5 million people who have registered have done so resentfully and unhappily, because the process that they have been made to go through is effectively applying for a status that many of them have for decades felt that they should have had automatically? Even though I accept that the system might be working successfully, and I applaud that, there are still some reassurances to be given—the soft power, if you like—to those, many of whom I know in my own diocese, who have applied with a great deal of resentment and unhappiness.

[Baroness Williams of Trafford]

My Lords, I have spoken to my noble friends beside me and I have not had any feedback on resentment. I have had feedback on the fact that we have made the scheme free, which was a noble thing for the previous Home Secretary and Prime Minister to do. The fact that so many people now have a status they can prove can be only a good thing.

We are processing 20,000 applications every day. We are working with communities—sometimes on a one-to-one basis because some people find the filling-in of any application process difficult.

[Baroness Hamwee]

I am not sure whether I am hearing this right, but I think the Minister is responding to the amendments as if the proposal was to replace digital with documentary evidence. In fact, it is proposed that the documentary evidence would be supplemental to the digital provision.

[Baroness Williams of Trafford]

My Lords, I would not agree with two systems because that really would confuse people. If I could get to the end of my comments, I would be grateful.

The scheme already allows EU citizens protected by the agreements to obtain UK immigration status to enable them to remain here permanently after exit. Both EU citizens with pre-settled status and those with settled status will be able to continue to live, work and access benefits and services in the UK after the end of the implementation period on the same basis as now. If individuals with pre-settled status go on to acquire settled status, they will then be able to access benefits and services on the same terms as comparable UK nationals. This is consistent with the approach taken under EU law, and we will assess individuals at the point they apply for benefits or when accessing services such as the NHS.

The proposed new clauses would interrupt the flow of a system which is already working well and achieving precisely what it was designed and implemented to do, providing certainty to those people who have made their lives here.

Under the future immigration system, EU citizens who are in the UK before the end of the implementation period will have different rights compared to those who arrive afterwards. It is essential, therefore, that EU citizens have the evidence they need to demonstrate their rights in the UK. This is also why many other member states are planning to take exactly the same approach and establish a constitutive system for UK nationals living in the EU. I shall come on to UK nationals in the EU shortly.

The EU settlement scheme means that those who have built their lives here do not find themselves struggling to evidence their rights in the UK or having to carry around multiple bits of paper and documents to evidence their previous UK residence. As I pointed out to the noble Lord, Lord Warner, we are legally required to issue all successful applicants under the scheme with formal correspondence setting out their immigration status, and this status can also be viewed online and shared with others. We do not want to go back to issuing physical documents when our vision for the future is a digital status and service for all migrants.

I should perhaps make a point about data protection, on which some noble Lords are very keen—certainly on the Liberal Democrat Benches. Under the digital system, employers, immigration control or whoever it might be will have access to the information on a need-to-know basis: not everything will be written down on a piece of paper, which is an important consideration. A continued declaratory system in the form suggested by noble Lords in Amendments 2 and 3 would force banks and other service providers either to wade through various documents, which they perhaps have no right to see, to establish for themselves whether the person is protected by the agreements or has been granted rights while they complete the registration process as envisaged in Amendment 2.

Additionally, Amendment 3 would grant EU citizens automatically conferred rights under the agreements, creating two groups of EU citizens: those with a registration document and those with no evidence at all of their status. There is therefore a high risk of inadvertent discrimination, particularly for those with no evidence at all in years to come.

[Lord Greaves]

There was controversy not very long ago about allegations that the settled status database would be shared with outside organisations, perhaps abroad. Is that completely untrue?

[Baroness Williams of Trafford]

The noble Lord outlines the point that I have just made about information being seen by people who are entitled to see it for the purposes for which it should be seen.

[Lord Scriven (LD)]

The Data Protection Act protects all data whether written or digital. Therefore the argument is nonsensical.

[Baroness Ludford]

I think my noble friend is forgetting that immigration data is not protected under the Data Protection Act put through last year or the year before. I think there is litigation going on about that.

[Baroness Williams of Trafford]

The point I am making is that if you have a physical document which outlines everything, people have access to everything. When people go into banks, they do not necessarily know which documents to bring. Under the digital status, employers and landlords are entitled to see only the data which they need to see.

[Lord Warner]

Before the Minister moves on, sticking with this issue, I am totally confused—more than usual. The Minister said earlier that, if I have been sent my letter from the Home Office describing my status, I can then apply for another document of some kind that I can produce to other people who want the other document. That seems to be an alternative to the code. Will the Minister explain what is the difference between the letter and the other document that I can apply for, which apparently I can use to satisfy someone that I am entitled to something?

[Baroness Ludford]

Before the Minister gets up, I do not think I heard her answer the question about whether the settled status database is going to be available outside the Home Office, within government and to third-parties outside government. Will she answer that very precise point?

[Baroness Williams of Trafford]

I shall start with the point made by the noble Lord, Lord Warner. The letter is confirmation that you have been successful. It is not evidence of your status, but it is there for anyone who wishes to have a physical document to say that they have been successful.

On the digital status—this comes to the point made by the noble Baroness, Lady Ludford—if you want to rent, it could be accessed by the landlord. There is access to the data for people who need to see it for the purposes for which they need to see it.

[Lord Warner]

The second document—

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[Lord Warner]

Regarding the document that I apply for after my first letter—the Minister is saying that there is a second document—why would I apply for something that I already have?

[Baroness Williams of Trafford]

My Lords, you automatically get a letter confirming that you have been successful. There are not two documents. You have online status and you get a letter confirming that you have been successful. There are not two documents.

[Lord Warner]

This is rather a critical issue. Is the Minister saying that the document I have can be used? It apparently cannot be used to satisfy landlords and GPs, so what is the person going to do if the landlord, the GP and everybody else is not satisfied with the Home Office document?

[Baroness Williams of Trafford]

My Lords, the document that the noble Lord refers to is a letter confirming that a person has been successful. Anyone who is successful in obtaining the status could show that letter to a landlord and say, “There. Go and look online to confirm that I have the status”. However, it is not a proof; it is a confirmation. Does that help the noble Lord? I see that it does. Thank goodness.

[Lord Greaves]

Can I ask another question?

[Baroness Williams of Trafford]

No. I am going to continue, and the noble Lord can speak when I have finished if he wishes.

I want to move on to the point that the noble Lord, Lord Oates, made about the criminalisation of people who do not apply by the deadline. That is a very important point—made also, I think, by the noble Lord, Lord McNicol. An EU citizen who fails to apply to the EU settlement scheme before the deadline will not be acting unlawfully in the same way as an illegal entrant or overstayer would be. They will not have knowingly entered the UK in breach of the Immigration Act or overstayed their leave. That is an important point to make. Once free movement has ended, they will need leave to remain in the UK—there is an important distinction there. We set up the EU settlement scheme to provide a quick and easy way to secure that leave, confirming their status in the UK.

We have been very clear that we will take a pragmatic approach, in line with the agreements, to provide those who have reasonable grounds for missing the deadline with a further opportunity to apply. I hope that that helps the noble Lord. He might want to intervene to ask what constitutes reasonable grounds for missing the deadline. We have deliberately not published a list of acceptable grounds for missing the deadline. As the noble Baroness, Lady Ludford, requested, we will send reminders to those with pre-settled status six months before their leave expires so that they can apply for settled status. In the first instance, we want to continue to encourage people to apply. We do not want to provide an exhaustive list as we want to give ourselves the maximum possible flexibility when this situation arises. Examples of people in such a situation might include a child whose parents or guardian failed to apply on their behalf, people in abusive or controlling relationships who are prevented from applying or from obtaining the documents they need, or those who, as I said before, lacked the physical or mental capacity to apply.

The noble Baroness, Lady Ludford, pressed me again on the automatic reminder. I have previously confirmed that there will be an automatic reminder. In fact, in the EU Settlement Scheme: Statement of Intent, published in June 2018—quite some time ago—we committed to reminding people ahead of the expiry of their pre-settled status and it remains our intention to do so. That is not in place yet, as it will not be needed until five years after the first granting of pre-settled status, if that makes sense, so it will be September 2023 at the latest. The noble Baroness is looking puzzled. That is because March 2019 was day one, so it will not be needed for another five years.

[Baroness Ludford]

If they had already had two years, they would not need another five years.

[Baroness Williams of Trafford]

The noble Baroness is absolutely right. I think that my last statement was wrong, but I shall confirm that to her in writing.

The noble Baroness talked about people struggling, and I think that I have outlined some of the ways in which we are trying to help people to make their application. She will have heard me say previously how we have put money into various centres around the country to help people.

The noble Baroness also asked whether we are still granting permanent residence. Yes, we are.

On the question of why settled status is better than permanent residence, you do not have to be exercising treaty rights to get settled status; there is a more generous right of return—so five years rather than two years permitted absence—and there is an automatic entitlement, as a UK national, to benefits for those with settled status. However, that does not stop people from applying for permanent residence, and they do.

Finally, my noble friend Lord Hamilton of Epsom and the noble Viscount, Lord Waverley, talked about UK nationals in the EU. I recall the discussion that we had about unilaterally guaranteeing the rights of EU citizens, but they asked about UK nationals in the EU. The withdrawal agreement that we have reached with the EU provides reciprocal protections and certainty on citizens’ rights. The agreement applies equally to EU citizens here and UK nationals in the EU, in their member state of residence, by the end of the implementation period. Ministers and officials have already engaged extensively with UK nationals across the EU and will continue to do so. I am very pleased to hear about the good experiences of the noble Viscount, Lord Waverley, in Portugal.

[Lord Hamilton of Epsom]

I am grateful to my noble friend for giving way. Does she agree with the noble Lord, Lord Cashman, however, that the EU will treat British citizens in the EU as foreigners who are unable to travel from one EU country to another? Surely, if we had balanced these negotiations, we might have been able to wring that concession out of the EU so that our citizens living there could travel from one country to another.

[Baroness Williams of Trafford]

I agree with my noble friend; of course, that will be a matter for future negotiations. In the meantime, I ask the noble Lord to withdraw his amendment.

[Baroness Ludford]

I should correct myself. The Minister was kind enough to say that she would have another look at that reminder system. After all, people could have four years and 300 or whatever days, just not five years. That system needs to come in a lot sooner; they might need a reminder in the next few months. Also, I do not quite understand—it may just be that I do not understand immigration—why the Home Office is twin-tracking settled status and permanent residence. I take the point that for settled status you do not have to be exercising treaty rights and perhaps simply have to meet a tougher standard for permanent residence. However, I do not see the value, either to the applicant or to the aim of simplicity and understanding of the immigration system, to have these two systems running coterminously.

[Baroness Williams of Trafford]

I ask the noble Baroness to understand that perhaps they might not be EU citizens.

[Lord Greaves]

My Lords, I did not get an answer to my question about the numbers. I have checked: there were 2.6 million at the end of November; there are now 2.8 million. Of the extra ones, does the Minister have a breakdown between settled and pre-settled? Should she not have the answer now, it would be helpful if she could let us know.

Secondly, something has occurred to me while listening to all this about documents. If I want to order a railway ticket in advance, I order it on my computer and print it off. Some might not, but I do. People do different things; they take their devices with them and even buy tickets. Regardless, I can print off a railway ticket. If I have settled status and I want to prove it, why can I not bring it up on my computer, take a screen shot and use that? What legal validity would that have?

[Baroness Williams of Trafford]

My Lords, by preference I do my tax online and get an email confirmation. If I book a train ticket, it is on my phone. In fact I rarely take my credit or debit card out any more; everything is on my phone. However, if the noble Lord is honestly suggesting screenshotting your settled-status proof online and then printing it off, I suggest that that might be forgeable.

[Lord Oates]

My Lords, I am grateful to all noble Lords who have taken part in this debate. This discussion, and even the confusion from the Dispatch Box about some of the rules, demonstrates the issues that are going to be faced by EU citizens if there is not even clarity in this House.

I want to pick up on a number of points. The noble Lord, Lord Hamilton, talked about reciprocity. As the Minister has explained, Part 2 of the withdrawal agreement, on citizens’ rights, applies equally to UK citizens in the European Union. I was a little astonished because I thought I heard the noble Lord arguing for free movement. He is notably not a pro-European so I am a little baffled by that. I can only guess that because, I understand, he has Liberal politicians in his ancestry, perhaps he has a genetic disposition to Europhilia that he cannot escape from.

A more serious point is this: the current Prime Minister and Home Secretary made a categorical, unequivocal commitment to European Union citizens. It was not based on whether the EU did this or that; it was a categorical statement. The noble Lord, who sits on the Conservative Benches, seems to be saying, “It’s absolutely fine—we should use EU citizens as bargaining chips”. I am glad that the Government have not done that; it is absolutely the wrong approach. All the bodies representing UK citizens in the EU that have been in contact with me and, I am sure, many other noble Lords in this House have always made the point throughout these negotiations that Britain should act early and unilaterally. I am glad that we did eventually but goodness me, it took a long time.

The Minister said that it was a very noble decision of the former Home Secretary to waive fees on this scheme. I find that an astonishing statement. EU citizens had rights in this country that they were going to lose as the result of a referendum in which they had no say whatever, and then we were planning to charge them for the privilege of retaining any rights. To call it “noble” to not charge them I find astonishing.

Physical proof has been discussed at length. The Minister said that two systems would confuse people. It is not two systems—it is one system that has a digital output and a physical one. That is pretty common and it is not confusing. While the Minister says we should not have these two systems because they are confusing, she then tells us that we do have two systems: the European Union settled status scheme and the permanent residence scheme. If we want to avoid confusion, perhaps we should address that point.

The noble Lord, Lord Warner, made the important point that we have to live in the real world of how these things work. I know this from experience because my partner is not a citizen of the UK—not a citizen of the EU, I should say—but a citizen of the United States. He has in his passport his permanent residence stamp that he can show to people. That is quite a simple thing and I am sure that we could apply such a system as well. Doubtless, it is also on an official computer system somewhere—I hope so.

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[Lord Greaves]

My Lords, I added my name to the amendments in the name of the noble Lord, Lord McNicol of West Kilbride, on behalf of the Liberal Democrat group. I have one or two other amendments in this group. One is on the judicial review point, and I am perfectly happy to leave the lawyers to argue the case on that, which they know far more about than I do.

Amendment 6 relates to Clause 11(1), on appeals against citizens’ rights immigration decisions, which says:

“A Minister of the Crown may”—


I would prefer “must” but I accept that “may” means it is probably going to happen—

“by regulations make provision for, or in connection with, appeals against citizens’ rights immigration decisions of a kind described in the regulations.”

Clause 11(2) defines a “citizens’ rights immigration decision” for the purposes of the Bill and it talks about various kinds of entry clearance, decisions in connection with leave to enter or remain, a deportation order, and

“any other decision made in connection with restricting the right of a relevant person to enter the United Kingdom”.

That all seems fairly comprehensive. What I do not understand, which is why I tabled Amendment 6 to probe this, is what is meant by

“of a kind described in the regulations.”

Does it mean that some of the things listed will not be covered by the regulations and the right to appeal? If so, what is the Government’s thinking about which ones they may be, or do they intend that they will all be covered, in which case why does the kind have to be described in the regulations since it is set out here in the Bill?

On the question raised by the noble Lord, Lord McNicol of West Kilbride, and other noble Lords, it is fairly clear that many people who have been given pre-settled status because they have not been living in the United Kingdom for five years or, in some cases, cannot prove that they have been doing so. There is also a significant number of people—I have no idea how many—who have been living here for five years but whose applications have been found difficult, for some reason or other. Rather than refusing them, the scheme is giving them pre-settled status because establishing the true facts would take a lot of time, energy and workload and, as the Minister said, millions of people are applying. It would be helpful to know what proportion of the people who have got pre-settled status have been, or say they have been, living here for more than five years—in some cases, they have been here pretty well all their lives—and have been given that status to give them something without prolonging the argument. In those cases, does the provision that they will automatically get settled status once they have been here for five years still apply?

[Baroness Williams of Trafford]

My Lords, I thank noble Lords who have spoken to these amendments. We cannot support them, and I will outline why. The Government will provide for a right of appeal against citizens’ rights immigration decisions. While I commend noble Lords for their commitment to citizens’ rights, these amendments create unnecessary changes to the wording of Clause 11 and, at worst, undermine our ability to provide for a right of appeal in all circumstances and ensure consistency for judicial review, and even create perverse incentives to appeal decisions to gain the benefits of indefinite leave to remain.

Amendments 4 and 9 are unnecessary. EU citizens who are appealing a decision on residence must be able to appeal if refused leave, or given what they believe is an incorrect status under the EU settlement scheme, under our international agreements. It is also damaging, as a power is required to implement the numerous situations requiring appeals.

Amendment 5 is at best unnecessary and, at worst, could prevent the provision for necessary appeals. This Government will provide for a right of appeal against citizens’ rights immigration decisions. This is an essential part of our commitment to protecting the rights of EU citizens, EEA EFTA and Swiss nationals under the withdrawal agreement, the EEA EFTA Separation Agreement and the Swiss citizens’ rights agreement.

On Amendment 6, the current wording of Clause 11(1) allows the Government to make sufficient regulations in relation to appeals against citizens’ rights immigration decisions. It fulfils our commitment in the agreements and provides certainty to EU citizens that they shall have a right to appeals. Moreover, the Delegated Powers and Regulatory Reform Committee has recently commended the powers in the Bill as,

“naturally constrained by the scope of the particular matter contained in the Agreements”.

As such, Amendment 6 is unnecessary.

As for Amendment 7, it is in the public interest to make reviews of exclusion directions made in respect of those protected by our implementation of the withdrawal agreements consistent with how similar reviews are treated now. This power enables us to do this, but Amendment 7 would remove that ability.

Amendment 8 would make it harder for EU citizens to challenge an exclusion direction, would prevent the Government being able to prevent removal unless the appeal is certified and would create a perverse incentive for individuals to launch appeals to gain access to the benefits of indefinite leave to remain.

Amendment 10 seeks to limit the power in Clause 11 in relation to judicial review. It is in the public interest to make reviews of exclusion directions made in respect of those protected by our implementation of the agreements consistent with how similar reviews are treated. This power enables us to do this, but the amendment would remove that ability.

[Viscount Hailsham]

Will my noble friend give way?

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[Baroness Williams of Trafford]

I will, but first I reiterate that appeals processes will be set out in the regulations to be made under the power in Clause 11. The regulations will be made in the last week of January, to answer the question asked by the noble Baroness, Lady Jones of Moulsecoomb. I may now be answering my noble friend’s question, because he asked whether we have a power to make changes to reviews, including judicial reviews. This limb of the power will be used to ensure that the legislation that interacts with new citizens’ appeal rights continues to function appropriately. It ensures that we can amend Section 2C of the Special Immigration Appeals Commission Act 1997 to provide that the Special Immigration Appeals Commission can hear reviews in respect of those protected by the agreements in the same way as they hear reviews in other cases, such as the most sensitive immigration cases. We will not be restricting the availability or scope of judicial review.

[Viscount Hailsham]

I would like just a little more clarity, although my noble friend has given quite a lot. Do I understand that what the Government are thinking of doing is procedural only, and they are not seeking in any way to curtail the substantive rights that presently arise under judicial review?

[Baroness Williams of Trafford]

I can confirm that.

[Lord McNicol of West Kilbride]

My Lords, I thank all noble Lords for taking part in the debate on this group of amendments and the Minister for her response. Mistakes can be made in any process and, as the Minister said, the Government will be moving to provide the right of appeal. These amendments seek to put that right of appeal in the Bill and ensure that it is dealt with properly at this stage. With that, I beg leave to withdraw Amendment 4, but I will continue to push the points that have been made.

County Lines Drugs Gangs

Baroness Williams of Trafford Excerpts

Wednesday 8th January 2020 Lords Chamber

[Lord Farmer]

To ask Her Majesty’s Government what assessment they have made of the statement of the Chief Constable for Devon and Cornwall Police that children involved in county lines drugs gangs should be seen as victims not criminals.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, county lines exploitation has a devastating impact on our communities. We are working to disrupt county lines gangs and end the exploitation of children and vulnerable adults. This includes investing £20 million in a new package of measures to crack down on these gangs. Our position is clear: children who have been groomed and exploited through country lines should be seen as victims first and foremost.

[Lord Farmer (Con)]

I thank my noble friend the Minister for her reply. The chief constable points to the lack of family and security in these children’s lives and to the need to bridge the gap between dysfunctional homes and school. That is exactly what the family hubs promised in the Conservative manifesto aim to do. Can my noble friend update the House on the Government’s plans for delivering on that promise?

[Baroness Williams of Trafford]

I certainly can, and it is apposite that my noble friend has asked this Question today, because earlier today he will have heard the PM reiterate his commitment to family hubs to our honourable friend Fiona Bruce in another place. My noble friend Lord Younger has also written today to outline our commitment to supporting vulnerable families with the intensive, integrated support that they need to care for their children. That is why the Government have announced up to £165 million of additional funding for the troubled families programme in 2021, and they will be setting out their plans for family hubs in due course.

[Lord Storey (LD)]

My Lords, the Minister may be aware that, since 2013, there has been a 70% increase in the number of young people being excluded from school and put into alternative provision. Much of that alternative provision is unregistered, which means that often no proper checks are made on those young people. We also see young children in care being put into unregulated accommodation. How do the Government plan to support these most vulnerable young people?

[Baroness Williams of Trafford]

I am glad that the noble Lord has raised this issue. It is not just something that we are acutely aware of—as he and I will know from our local government days, it is long overdue for attention. He may also know that the Government commissioned my honourable friend Ed Timpson MP, who I am delighted to say is back in the other place, to undertake a review of alternative provision so that the quality of provision can be as good and effective—perhaps more so—as in a mainstream school, because these children need extra attention. To date there has been a £4 million investment in an innovation fund for alternative provision, and I am sure that the House will be kept updated on its success.

[Lord Hunt of Kings Heath (Lab)]

My Lords, can the noble Baroness comment on youth services funding? She mentioned family hubs, but since 2010 there has been a 69% reduction in the funding of youth services by local authorities. This must have had a negative impact on the lives of many young people. Will the Government now start to reverse that?

[Baroness Williams of Trafford]

The Government have already made quite a few inroads, particularly for vulnerable children. I have just mentioned the £165 million-worth of funding for troubled families for the next year. We have invested £3.6 million in the National County Lines Coordination Centre, which is absolutely essential for safeguarding young people who get into that sort of activity. Further, the £200 million youth endowment fund will be delivered over 10 years, in addition to the £22 million of the early intervention youth fund that is already funding 10 projects. But one of the most important aspects of funding is that into which we put into our trusted relationships fund. These children do not trust anyone, so it is very important that they are able to build up trust with those who are seeking to protect them.

[Lord Laming (CB)]

My Lords, the Minister has already indicated that here we are talking about some of the most vulnerable children in our society, some of whom are in the care of local authorities. Building on the question put by the noble Lord, Lord Hunt, does the Minister agree that this is a sad reflection of the current state of child protection services in this country? Is it not time that we looked again at the quality of child protection standards?

[Baroness Williams of Trafford]

The noble Lord and I go back many years on this issue and we do not disagree. I shall certainly get my noble friend Lord Younger to update him on some of the child protection issues, because if children are staying in unregulated bed and breakfast accommodation, for example, which is something I remember from the past, that situation needs to change. But I will give him an updated position on that.

[Baroness Browning (Con)]

My Lords, I had the privilege of representing a Devon constituency for 18 years and I support the view of the Chief Constable of Devon and Cornwall on this matter. May I respectfully remind my noble friend that I represented 650 square miles of Devon—a very sparsely populated area? When we look at national solutions, what is very often needed in rural areas is a very different approach from when you are looking at large urban conurbations. There are pockets of deprivation in rural counties that reflect exactly what one sees in inner cities, but they are on such a small scale and so disparate that they never qualify for grants and support. I ask my noble friend to make sure that we do not fall into the one-size-fits-all trap.

[Baroness Williams of Trafford]

My noble friend raises two very important points there: the spread-out nature of county areas and the distances people have to travel to get support. I do not know whether she recalls—I recall it only vaguely from two or three years ago—the rural sparsity fund that was designed to address precisely such an issue. Of course, she also brings to mind the fact that county lines are specifically designed to cross from town areas into country areas and vice versa. So she raises the really important point that, wherever children are, their vulnerability is equally important.

Civil Partnership (Opposite-sex Couples) Regulations 2019

Baroness Williams of Trafford Excerpts

Tuesday 5th November 2019 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That the draft Regulations laid before the House on 22 October be approved.

Special attention drawn to the instrument by the Joint Committee on Statutory Instruments, 3rd Report, and by the Secondary Legislation Scrutiny Committee, 4th Report.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, this instrument was debated in the other place on 31 October. Its main purpose is to allow opposite-sex couples in England and Wales to form civil partnerships. The Government want to see more people formalise their relationship in the way that they want with the person they love. We know that there are over 3 million opposite-sex couples who cohabit but choose not to marry. These couples support 1 million children but do not have the security or legal protection that married couples or civil partners enjoy.

That is why we announced last year that we would extend civil partnerships to opposite-sex couples and why we supported the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019, guided so ably through this House by my noble friend Lady Hodgson of Abinger. Section 2 of the Act enables the Secretary of State, by regulations, to amend the eligibility criteria for civil partnerships and to make other appropriate and consequential provision. The Act requires the regulations extending eligibility to come into force no later than 31 December 2019.

This instrument therefore amends the eligibility criteria in the Civil Partnership Act 2004 to allow opposite-sex couples to register civil partnerships under the law of England and Wales. It provides specific protections for religious organisations and persons acting on their behalf in relation to civil partnerships. Importantly, the regulations prevent religious organisations and persons acting on their behalf from being compelled to do specified acts, such as allowing religious premises to be used for civil partnerships. The instrument also ensures that, where religious organisations do choose to participate in civil partnerships, they can distinguish between opposite-sex and same-sex civil partnerships, as with marriage.

The instrument amends legislation relating to children and parenthood to provide opposite-sex parents in a civil partnership with generally the same rights as opposite-sex married parents in a number of areas. It also amends the Gender Recognition Act 2004 to allow applicants to obtain a full gender recognition certificate without the need to dissolve their civil partnership, provided that the other partner consents, as is currently the case for married couples. The instrument makes consequential and related changes to primary and secondary legislation, including to pensions entitlements and the registration of opposite-sex civil partnerships overseas by UK consular officials.

The instrument also amends the Marriage (Same-Sex Couples) Act 2013 so that, for now, only same-sex couples will be able to convert their civil partnerships to marriage pending the outcome of our consultation on conversion rights, which closed on 20 August. I know that this last change has been drawn to the attention of Members of this House by the JCSI and the Secondary Legislation Scrutiny Committee. It is also the subject of an amendment expressing regret, tabled by the noble Lord, Lord Collins of Highbury— although I note that this is somewhat at odds with the comments of Dawn Butler, who welcomed the regulations and did not mention the JCSI’s report during the debate in the other place.

We have given very careful consideration to the committee’s concerns about the provision but, on this occasion, we do not agree with them. Our approach on conversion maintains a difference between opposite-sex and same-sex couples in terms of their ability to convert their civil partnerships into marriage. Importantly, these two groups are not in a directly comparable position. The right to convert a civil partnership into marriage was introduced to enable same-sex couples to marry without having to dissolve their civil partnership, as marriage historically had been denied to them. That same consideration does not apply to opposite-sex civil partners, who have always been able to marry.

Even if same-sex and opposite-sex couples can be compared, the Government consider that maintaining the status quo in the very short term—we anticipate for no more than a few months—is fully justified. Extending conversion rights on an interim basis to allow opposite-sex couples to convert their civil partnership to marriage now, while we are considering responses to the consultation, would risk creating uncertainty and confusion over future rights. We do not wish to introduce a new, potentially short-term conversion right that might be changed later in 2020 when we determine our long-term position on conversion.

In addition, it is difficult to see that opposite-sex couples are disadvantaged by this interim position. Couples who have waited for the chance to form a civil partnership as an alternative to marriage are highly unlikely to wish to convert their relationship into marriage in the first few months. Once we have made civil partnerships available to opposite-sex couples, our priority will be to resolve the longer-term position on conversion rights for all civil partners and to bring forward further regulations as soon as possible next year.

I hope that this reassures noble Lords that we have carefully considered these issues and why we consider the regulations to be compliant with the Human Rights Act 1998.

Before winding up, I again pay tribute to my noble friend Lady Hodgson and to Tim Loughton in the other place, for their great skill and tenacity in steering the 2019 Act through Parliament; I pay tribute also, of course, to noble Lords who took part in the debates here.

I know that my noble friend is keen for the first opposite-sex civil partnership to be formed before the end of 2019. Our intention is to commence the regulations on 2 December, which would allow the first opposite-sex civil partnership to take place on 31 December, given the usual 28-day notice period. I know how long some opposite-sex couples have waited for the opportunity to formalise their relationship and enjoy the stability, rights and entitlements that other couples enjoy. This is the final legislative step in the process and I look forward to the first opposite-sex civil partnership being formed by the end of the year. I commend this instrument to the House.

Amendment to the Motion

Moved by

--- Later in debate ---

[Lord Oates (LD)]

My Lords, like my noble friend Lady Barker’s father, my father married a large number of people, although he did so as a Church of England clergyman rather than as a nonconformist minister. I very much support the equality being progressed for opposite-sex partners via this legislation. I also very much support the comments made by my noble friend Lady Barker, the noble Lord, Lord Collins, and others about it being a shame that the Government did not take the opportunity to go all the way and ensure that there is proper equality.

While we are on the issue of real equality, I will raise an associated issue. When I formed my civil partnership 15 years ago, obviously I did not have the option of a same-sex wedding—but, even today, if I chose to convert it, I would not have the option of that wedding in a Church of England church. My father went to a register office for probably the first time in his life when he came to my civil partnership ceremony. I hope that both the Government and the Church, particularly as it is the established Church, will really reflect on the fact that, not only as a matter of choice by certain members of that Church but by law, a same-sex marriage cannot take place. I hope that they will consider the pain and sorrow that causes and will really think about that position. I recognise that this is not the matter before us, but the amendment expressing regret is about equality, and this is also a matter of equality.

[Baroness Williams of Trafford]

My Lords, I thank all noble Lords who have taken part in the debate. As the noble Lord, Lord Collins of Highbury, said right at the outset, the Commons can push things through quickly, but in your Lordships’ House we consider things very carefully before we give them our blessing, as it were.

I will start with the words of the noble Baroness, Lady Barker. Whatever the outcome of the general election, we as Peers in this House who promote equality will continue to do so cross-party, because that is what we have always done. If we had not approached equality in a cross-party way, we would have made little progress over the last 50 years. So I look forward to working with noble Lords across the House in progressing what is a human right: equality.

Noble Lords’ criticisms have varied from saying that we are rushing things through too quickly to asking, “What on earth has been the delay since the Supreme Court judgment in 2018?” I know that these are meant not as opposition to these regulations but as scrutinising why we have been doing what we have, and why we have delayed in some parts and rushed in others. I totally take noble Lords’ points about not wanting to perpetuate inequality. That is certainly not what either I or other noble Lords wish to do. In progressing equality, we do not want to create the unintended consequence of inequality.

The first question from the noble Lord, Lord Collins of Highbury, was: why the delay? We announced our intention to gather further evidence in 2018, having previously consulted on whether to extend civil partnerships to opposite-sex couples. I know it is frustrating, but consultation and evidence gathering can be quite time-consuming.

Can the Government guarantee equal treatment for same-sex and opposite-sex couples? That was the challenge from the noble Lord, Lord Cashman. We will absolutely ensure that future regulations on conversion are compliant with the Human Rights Act, as we have to with pretty much all legislation, or indeed secondary legislation, that we enact.

On the opportunity to see the Government’s response, again, it might be frustrating, but, given the limited time available, we waived our right to respond to the JCSI report. Victoria Atkins set out our position in the debate in the other place on 31 October. As noble Lords will know, the Secretary of State is under a statutory duty to bring the regulations into force no later than 31 December. As noble Lords have pointed out, a December election puts that at risk. We know that there are couples who are hoping to form a civil partnership early in the new year and that the availability of this new relationship is very keenly anticipated. It may be that couples have spent money and made detailed arrangements with their family, with the expectation that the new rights will shortly be available. We are very keen that that expectation will be met, if possible, and to meet the statutory deadline.

The noble Lord, Lord Collins of Highbury, asked about the consultation timing. As I said, it closed on 20 August and we are considering the responses. In addition to analysing the responses to the consultation, we must ensure that the operational processes are in place for conversions to take place. It is a priority. We will make further regulations early in 2020, to be debated in this House and the other place.

My noble friend Lady Hodgson and the noble Baroness, Lady Barker, asked about Scotland and Northern Ireland. On 25 June, the Scottish Government announced that they would introduce legislation extending civil partnerships to opposite-sex couples, and a Bill was introduced in the Scottish Parliament on 1 October. The Scottish Government’s Bill provides for opposite-sex civil partnerships registered in England and Wales to be recognised in Scotland as marriages, initially, and as civil partnerships when those relationships are available in Scotland. In Northern Ireland, Section 8 of the Northern Ireland (Executive Formation etc) Act 2019 places a duty on the Secretary of State to make regulations so that couples in Northern Ireland are eligible to form same-sex marriages and opposite-sex civil partnerships no later than 13 January 2020. The duty came into force on 22 October, after the Northern Ireland Executive did not reform, and my officials are working closely with the Northern Ireland Office towards the deadline.

The noble Lord, Lord Scriven, asked about individuals who are gravely ill. We are mindful at this stage that, for some people, the need to be able to form a civil partnership is urgent for a number of reasons, including, as he mentioned, terminal illness. Generally, couples must give 28 days’ notice of their intention to form a civil partnership, but in exceptional circumstances couples can seek a reduction in the notice period. There are also separate expedited arrangements for people who are seriously ill and not expected to recover. These processes will apply equally to civil partnerships between opposite-sex couples, meaning that those with life-threatening conditions will likely be able to form a civil partnership, rather than just give notice of it, as soon as the regulations come into force.

The noble Lord, Lord Collins of Highbury, asked me about the General Register Office issuing guidance to local registrars. It has already advised registration authorities to prepare for the commencement of opposite-sex civil partnerships from 2 December. As soon as the parliamentary processes are complete and the regulations are made, the GRO will advise registration authorities that firm bookings can be taken for notice to be given from 2 December and any provisional bookings can be confirmed.

--- Later in debate ---

[Lord Collins of Highbury]

Normally, the Minister would ask me to withdraw my amendment. Perhaps she might like to do so for the record.

[Baroness Williams of Trafford]

I forgot. I got carried away because the noble Lord was so smiley. I am sure the noble Lord will want to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister for those kind remarks. I welcome the assurances she has given us this afternoon, in particular the commitment that the report of the consultation, which was completed in August, is a priority and that we will see revised regulations early next year. That is the fundamental issue that I wanted to address today.

I welcome the debate we have had today. It has been an opportunity to revisit issues and restate principles. I return to the point I made, which was also made by the noble Baroness, Lady Barker, and many other noble Lords. I welcome the fact that the noble Baroness, Lady Hunt, is in her place. I thought she would make a contribution, but I did not realise that she has not made her maiden speech. It must be terribly frustrating for her to sit there. No doubt at some later stage she will have a word in my ear.

We have been on an incredibly long journey. There is still much more to do. The right reverend Prelate listened to our contributions. I know that even in the Church of England there is a positive debate. When civil partnerships were first introduced in this House, the Church took a position against them. Now, I think the Church recognises their value. Certainly, the most reverend Primate the Archbishop of Canterbury has written strong and powerful articles recognising the value of civil partnerships and the loving relationships which are so important.

This will be a matter of choice. Heterosexual couples will enter into civil partnerships for all kinds of reasons. I do not accept the argument that marriage is a patriarchal institution that must be condemned. If two women can enter into a marriage nowadays, it is certainly not as patriarchal as it used to be. Marriage has developed and changed. It has strengthened our institutions, and I hope that civil partnerships will do likewise.

I welcome the contribution from the noble Lord, Lord Lexden. I know he feels very strongly about this issue. We have worked together many times on equality and on ensuring that the injustices of the past are put right. I share his concern about the injustices that siblings potentially face. I beg to differ on the means to resolve them. I urge the Government to think about how they might resolve these very personal, difficult circumstances. To lose a sibling is very painful, but to lose your home at the same time is even more difficult, and I recognise that that is an issue that needs to be addressed.

As the noble Baroness, Lady Barker, said, the battle for equality throughout the United Kingdom is not over. We still need to see it in one part of the United Kingdom. I hope that we will see it introduced rapidly, in the light of the noble Baroness’s comments.

This has been a good debate. I heard what the Minister said. I welcome those commitments. In the light of that, I beg leave to withdraw the amendment.

Visas: European Union Students

Baroness Williams of Trafford Excerpts

Monday 4th November 2019 Lords Chamber

[Baroness Garden of Frognal]

To ask Her Majesty’s Government what guidance they have given to universities recruiting European Union students on courses longer than three years concerning the eligibility of such students for a visa for the duration of their studies.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government will continue to welcome all international students who wish to study in our world-leading higher education sector after we leave the EU. We will ensure that there are visa arrangements in place to allow all EEA students who start studying a course in the UK after we leave the EU to complete their course, whether we leave with or without a deal.

[Baroness Garden of Frognal (LD)]

My Lords, at the moment there is no guarantee beyond the three years of the European temporary leave to remain visa, and many university programmes are four years or more: the Scottish university courses, medicine, dentistry, many part-time courses and so on. What reassurance can the Government give that these students will definitely be able to complete courses that go beyond three years? If they cannot do so, is this not every encouragement for those much-needed EU students to choose to study in other countries?

[Baroness Williams of Trafford]

It is pleasing to note that the number of students from EEA and non-EEA countries who come to this country to study continues to rise. There is no suggestion that those on courses longer than three years will be unable to complete them. Those with Euro TLR will be able to make an application under the student route before their leave expires.

[Lord Tomlinson (Lab)]

My Lords, does the Minister share my concern at the report in the Times today about the number of students coming to independent schools and colleges from Vietnam who seem to have disappeared after they have attended for one term? Apparently paying one term’s fees and then disappearing is cheaper than paying the traffickers.

[Baroness Williams of Trafford]

The noble Lord highlights that it is very important that the student sponsor route is a secure one. For that reason, certain universities have a much easier process than others. Of course, we did in the past root out and close down bogus colleges which were responsible for a huge amount of illegal migration.

[The Earl of Clancarty (CB)]

My Lords, looking at this from the other direction, how would the Government advise British students who wish to study or continue their studies elsewhere in Europe for whatever length of time? Is official guidance available that they can access?

--- Later in debate ---

[Baroness Williams of Trafford]

I hope that the British Government would encourage British students who decided to study in the EU or elsewhere to continue. I do not think that there is going to be any impediment to that.

[Baroness Blackstone (Ind Lab)]

Given that many EU students will no longer be eligible for fee loans and therefore will not be able to study here in the medium term, do the Government intend to restore Chevening scholarships for MA students? How much money will be put behind this and how many students are likely to benefit?

[Baroness Williams of Trafford]

The noble Baroness has asked me a very niche question to which I do not know the answer. I have never heard of a Chevening scholarship.

[Noble Lords]

Oh!

[Baroness Williams of Trafford]

I am not going to pretend that I have, but I will try to get an answer for the noble Baroness.

[Baroness Neville-Rolfe (Con)]

I congratulate my noble friend on the proposal to extend the time that graduates of UK universities can stay in the UK from four or five months to two years. When is this likely to take place?

[Baroness Williams of Trafford]

I am very happy to accept the congratulations from my noble friend. I understand that the extension will be in place next year.

[Baroness Hamwee (LD)]

My Lords, I looked on GOV.UK to see what the answer might be to my noble friend’s Question. It tells us that after three years, students, among others, will have to apply under the new Australian points-based system. There are a lot of questions that one might ask about this. One is whether the Government think that such a new system can be presented as now definite and whether it is intended to be introduced by ministerial fiat, bypassing Parliament.

[Baroness Williams of Trafford]

I do not think there is much that can bypass Parliament these days. Perhaps I might apologise for saying to my noble friend Lady Neville-Rolfe that the scheme is to be implemented next year; it will actually be in 2021, the year after next.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister not agree that a much simpler way to approach this, and one which it could be hoped that the Government —whoever form it after the election—would embrace, is to make it clear that any student who receives a clear offer of a place at a British university registered under the Higher Education Act will be admitted to this country?

[Baroness Williams of Trafford]

My Lords, the system that we have at the moment works very well, and the number of students coming to this country is clear proof of this.

[Lord West of Spithead (Lab)]

My Lords, the Minister will be aware that we have something in the region of 110,000 Chinese students at our universities. In some universities, they take up almost 50% of the places on courses such as those on artificial intelligence, stealth technology and quantum mechanics. Is she concerned that we are not clear about, or aware of, exactly where some of these students have come from? For example, postgraduates are paying £50,000 to do the courses. There are therefore risks of technology being sucked away from this country.

[Baroness Williams of Trafford]

My Lords, we have to recognise the value of research carried out by our world-leading UK universities. They are autonomous institutions; they are responsible for protecting their research and ensuring that their international student recruitment follows sustainable patterns. To help support the sector, the Government recently created Trusted Research, which is a body of information providing bespoke advice for universities to protect their research.

Gender Pay Gap

Baroness Williams of Trafford Excerpts

Thursday 31st October 2019 Lords Chamber

[Baroness Burt of Solihull]

To ask Her Majesty’s Government what plans they have to address the gender pay gap for women in their 50s, following the analysis conducted by Rest Less, published on 29 October.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the gender pay gap is highest for those aged 50 to 59, reflecting the accumulation of structural inequalities that disproportionately impact women across the life course. In July, we published our gender equality road map, setting out how the Government will tackle gender inequalities affecting women throughout their lives. This could include actions to promote women’s progression, to support carers and returners, to help women plan for retirement and to understand women’s reproductive health experience in work, including the menopause.

[Baroness Burt of Solihull (LD)]

I am very grateful to the Minister for that Answer and for the co-operation we received in coalition to introduce shared parental leave and flexible working. However, these measures are clearly not enough, especially since older women face a disproportionate burden of social care. Will the Minister consider making a manifesto commitment to make all jobs flexible by default to help those with caring responsibilities stay in work and to stop them losing out on pay progression, as recommended by the Centre for Ageing Better?

[Baroness Williams of Trafford]

I certainly agree with the noble Baroness—it is borne out by fact—that women bear the burden of caring far more than men. She is absolutely right about the work that has gone on over the past few years to improve flexible working being offered. As she knows, all employees with 26 weeks’ continuous service with their employer already have the right to request flexible working. That accounts for approximately 90% of employees. That sends a really clear signal that flexible working should be the norm rather than the exception, but we would like to take this further, which is why we are considering requiring employers to say in each job advert whether a job can be done flexibly.

[Baroness Crawley (Lab)]

My Lords, could the Minister say what the Government are doing about the gender pension gap, which is double the pay gap, with women receiving £7,000 less on average than men in their pensions according to House of Lords Library figures?

[Baroness Williams of Trafford]

The noble Baroness brings up a good point on the gender road map, which we are talking about, affecting women as they reach pensionable age because they have fewer years of working service. The new state pension was introduced for people reaching state pension age from 6 April 2016 onwards to provide a clearer, sustainable system for their future. More than 3 million women now stand to receive an average of £550 more a year by 2030 as a result of recent reforms.

[Baroness Sherlock (Lab)]

My Lords, my noble friend Lady Crawley is absolutely right: women’s pension wealth is on average one-third of men’s when they reach retirement age. The Minister mentioned the new state pension system, but many women who are now in their 50s often took time out of the labour market earlier to raise their children only to find that they are carers again, often for elderly parents or sometimes for grandchildren. Under the old pension system, if you took time out for caring responsibilities you could get a credit for not just the basic state pension but SERPS, the earnings-related pension, but under auto-enrolment, if you cannot qualify because you have taken time out of the labour market, you get nothing. What are the Government doing about that?

[Baroness Williams of Trafford]

As I said to the noble Baroness, Lady Crawley, I agree regarding the problems that women face, and, as I acknowledged to the noble Baroness, Lady Burt, particularly when they take time out of work for caring and other responsibilities. However, I must tell her that, in 2012, 40% of women in the private sector were participating in a workplace pension. As of 2018, that has increased to 85%, which is now equalling the participation rate of men.

[Baroness Altmann (Con)]

My Lords, there are a number of ways in which women tend to be losing out in the pension system and in the workplace. Over the last 20 years, the number of women working in their 50s and 60s has increased by 75%. I urge the Minister and the Government to look seriously at ways in which we can help women overcome age and gender discrimination, which still exist in the labour market, and address the pension shortfalls that women face, both in the state pension and the private pension. However, I congratulate the Government on the work that they are doing to improve the situation.

[Baroness Williams of Trafford]

I thank my noble friend for those points and acknowledge that she is far more expert in this area than me. Noble Lords have been talking about women in their 50s; that is the most disadvantaged decade for women in their working lives. In Greater Manchester, which I always like to promote, we have a returners project which will support people over 50, and those with lower-level qualifications, who want to return to work, because they are at even more of a disadvantage. The programme began in June and runs until May 2020. We are awarding money to Greater Manchester Centre for Voluntary Organisation to recruit private sector employees and support them to develop their recruitment and employment practices to make their job opportunities accessible for those returners.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, can the Minister return to the question that was asked by my noble friend Lady Sherlock? Of course, it is to be encouraged that people who previously did not have access to workplace pensions now do, and the numbers are heartening. However, she did not address the question of what those people are going to do about the fact that there is no mechanism for them to make up any shortfall that occurs as a result of them taking up caring responsibilities. Do the Government have any plans to address this?

[Baroness Williams of Trafford]

The noble Baroness is right that years lost in employment will create a shortfall. The Government are trying to create those opportunities, so that women in their 50s in particular can upskill or have other opportunities to enable them to re-enter the workplace.

EU Settlement Scheme

Baroness Williams of Trafford Excerpts

Wednesday 23rd October 2019 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what assessment they have made of the effectiveness of the EU Settlement Scheme.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the EU settlement scheme is performing well. This is demonstrated by the latest internal figures, which show that there have been more than 2 million applications. The Home Office is processing up to 20,000 applications a day and most complete applications are being processed in around five days.

[Lord Greaves (LD)]

My Lords, on 1 June 2016, just before the referendum, the following statement was made:

“There will be no change for EU citizens already lawfully resident in the UK. These EU citizens will automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present”.


That was over the signatures of Michael Gove, the present Home Secretary Priti Patel, and Mr Boris Johnson. Is it not the case that these promises have been systematically broken in some large and many small ways? At present, European Union citizens who are offered settled status in the UK possess legal rights as European Union citizens. In future, they will simply have permissions that can be withdrawn any time. Is this not a total breach of the promise made by these people and is the answer not to scrap the present system and replace it with a simple system of registration?

[Baroness Williams of Trafford]

I could not agree less with the noble Lord. First, the EU settlement scheme is free; secondly, it provides a route to settlement that gives people the same rights as any other British citizen; and, thirdly, it is also a proof of status. I really cannot understand what the noble Lord is saying. He talks about registration: I presume he means a declaratory system. In a declaratory system, we have seen the lessons of Windrush: in years to come people might not be able to prove their status, so I think the EU settlement scheme is the best route forward.

[The Earl of Listowel (CB)]

My Lords, what progress is being made to ensure the rights of children in local authority care, who may have uncertain citizenship? Is support being given to make sure that they get their entitlements in good time?

[Baroness Williams of Trafford]

The noble Earl asks a very good question. There are two issues here. First, they might not realise that they can apply to the scheme. Secondly, they might be in local authority care, but we are cognisant of that. We are working with Liverpool University to ensure that children are communicated with and that they can retrospectively apply if, say, through no fault of their own their parent or carer did not manage to apply in time for June 2021.

[Lord Rosser (Lab)]

A Government Minister has apparently said that EU citizens living in Britain risk being deported if they fail to apply by the deadline for settled status. It is highly unlikely that all will apply on time, simply because of the large number of EU citizens affected—I think the figure is some 3 million. What do the Government think this threat of deportation of potentially significant numbers of EU citizens will do to strengthen the position of British citizens living in an EU country who wish to remain in that country? I declare a family interest in this issue.

[Baroness Williams of Trafford]

My Lords, the word “deportation” is crucial here. EEA citizens who do not apply to the EU settlement scheme by the deadline will not be acting unlawfully in the same way that clandestine entrants, arrivals or overstayers do. They will not have knowingly entered the UK in breach of the UK Immigration Acts or overstayed their leave. From 2021, EEA citizens will need to hold either an EUSS leave, a Euro TLR or an immigration status under the new immigration system.

[Lord Cashman (Non-Afl)]

My Lords, the evidence given to the EU Justice Sub-Committee on this very issue outlined the deep concern that members of this settled scheme will not have physical proof—a card or anything else—that proves that they are a member of this scheme. Following Windrush, they are deeply concerned that their only proof will be online, and they will not have any access online other than to refer to such a registration.

[Baroness Williams of Trafford]

I have heard this concern time and again. I can understand how some people might feel that a physical document was somehow more secure and better proof of status. However, in actual fact everyone gets a letter or an email, and the digital status—or token, if you like—is actually a far more secure way of proving status. I acknowledge the concerns that arise when people do not have a physical document in front of them, but they do receive a letter.

[Viscount Waverley (CB)]

My Lords, I declare that I have been registered as a resident in Portugal for the past 30 years. The question of reciprocity potentially becomes centre stage given that no deal is still on the table. Can the Government give an absolute surety that the UK will not jeopardise the rights and privileges of UK citizens on the continent with that still a possibility?

[Baroness Williams of Trafford]

The noble Viscount will of course be aware that as the United Kingdom, we have done our duty by EU citizens in the UK. We have done that unilaterally. We hope that the EU would do the same; therefore, we are reliant on that good will on both sides. But I am satisfied that we now have over 2 million applications out of a cohort that I estimate to be about 3 million.

[Lord Wallace of Saltaire (LD)]

My Lords, as the Minister just said, therefore 1 million people have not yet applied. What steps are the Government taking to ensure that they are aware that they now need to apply, and their applications can be got in in good time?

[Baroness Williams of Trafford]

The noble Lord will probably be quite pleased to hear that we are processing applications at the rate of about 20,000 a day. People are applying. However, it is crucial that the harder-to-reach people are aware of their rights and aware that they should be applying. In the event of a deal, they have until June 2021 to apply; there is a lot of advertising; and some of the advances in how people can upload their photo and so on have been made easier by the fact that the iPhone 8 and more up-to-date versions will be able to upload people’s details.

ISIS: British People

Baroness Williams of Trafford Excerpts

Wednesday 23rd October 2019 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government what proposals they have regarding British people who joined ISIS and are now being held in custody by the Kurds.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I hope that the House will indulge me for a moment: I am sure that I speak for the whole House in saying that our thoughts and prayers are with the 39 people killed today in Grays, and that we wish to convey our condolences to the families of those who have lost their lives.

Those who have fought for or supported Daesh should, wherever possible, face justice for their crimes in the most appropriate jurisdiction, which is often in the region where they committed their offences. We will continue to pursue all available avenues with international partners in seeking justice and accountability for those who have fought alongside Daesh.

[Lord Dubs (Lab)]

My Lords, does the Minister not agree that we are talking about British people who were born, brought up and educated here, and who now find themselves in Kurdish custody—possibly not even certain custody as they might again come under ISIS’s control? Surely we have a responsibility to people educated in this country to bring them back, expose them to the full force of the law and have them prosecuted here, rather than leaving them to fester in the dangerous situation in the region.

[Baroness Williams of Trafford]

My Lords, we have no intention of letting people fester, but the noble Lord will appreciate the fact that we obviously have no consular access so it is difficult to bring people to justice at the moment. We are in discussion with our international partners about what a suitable solution would look like, with agreement from those partners, in bringing people to justice.

[Viscount Hailsham (Con)]

My Lords, what steps are the Government taking to ensure that, when a passport is revoked, a person is not left stateless? Does she accept that having a possible claim in another country, based on parental birth or residence, is not necessarily the same as being a citizen of that other country? On a personal note, my mother was born in Dublin so I have a possible claim to Irish citizenship. However, I am not an Irish citizen so if my UK passport was revoked, I would be stateless—which I, at least, would regard as unfortunate.

[Baroness Williams of Trafford]

Well, other people may not.

[Noble Lords]

Oh!

[Baroness Williams of Trafford]

Sorry, that was a bit of a Brexit dig. When the Home Secretary makes the decision to revoke someone’s citizenship, they may not render that person stateless. They must, therefore, take legal advice at the time, which they are doing. I know the exact point that my noble friend makes but the Home Secretary cannot render someone stateless.

[Lord Hannay of Chiswick (CB)]

My Lords, will the Minister address the issue of the British orphans in the part of Syria that is now under attack? What are the Government doing? Does she recognise that there is real urgency here because if the truce is being extended for a bit, as was reported today, that could provide an opportunity to get some of these children at least as far as Iraq on their way back here, where they ought to be?

[Baroness Williams of Trafford]

I not only recognise but acknowledge and agree with the noble Lord’s point. I appreciate the time that we had to talk about some of these difficult issues. Where a child is a British citizen, we will work with partners to try to find a safe route to return them to this country, as he says.

[Lord Paddick (LD)]

My Lords, is it not a principle of British justice that an accused person is innocent until proven guilty in a legitimate court of law? On the basis of what evidence are these British nationals denied entry to the UK or even denied British citizenship? Should the UK not do what almost every other country is doing and repatriate its nationals, albeit to face trial if necessary?

[Baroness Williams of Trafford]

My Lords, different countries have different approaches. I am aware of what they are doing. Where the noble Lord talks about being innocent until proven guilty, I assume that he means people who have gone to Syria to fight. He is right to say that these people should be brought to justice, and that is why we are having conversations with our international partners to look at the best method to work this out in an internationally agreed way.

[Lord Soley (Lab)]

My Lords, is there not a real danger both of orphaned children and of adults, if we allow them, being recruited again and retrained either by ISIL or other groups; being given false papers, as they would be; and being able to travel to other countries in the world, including the United Kingdom, to carry out terrorist acts? This is not just a humanitarian issue; it is also one of the security of this and every other country. We need to do something fast.

[Baroness Williams of Trafford]

I agree about the dangers of the recruitment of children and the dangers of them being left. I hope that I made clear in my response to the noble Lord, Lord Hannay, some of the things we are trying to do to ensure that children who are British citizens are returned home safely. We absolutely recognise the real danger and that is why urgent conversations are going on, some of which I simply cannot discuss at the Dispatch Box.

[Baroness Sheehan (LD)]

My Lords, if the Government propose to take only British children and not their British mothers, what assessment have they made of the probable fate of those mothers?

--- Later in debate ---

[Baroness Williams of Trafford]

The noble Baroness would have to describe in what context we would not take their mothers, but I think that I have been quite clear in explaining about children who are orphaned or have been left in the region without anyone.

Counterterrorism: Martyn’s Law

Baroness Williams of Trafford Excerpts

Tuesday 22nd October 2019 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I draw attention to my interests in the register and beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, first, I commend Figen Murray and the campaign team for their efforts to improve security and safety in memory of her son Martyn. The Government have discussed the proposals in the campaign with Figen Murray and others campaigning for Martyn’s law. We continue to consider where improvements can be made to ensure the safety and security of the public in crowded places. That includes considering whether it would be appropriate to legislate on protective security and preparedness measures.

[Lord Harris of Haringey]

I am grateful to the noble Baroness for that Answer. Martyn Hett was one of the 22 people who went for a night out in Manchester Arena and never came home. Many people will find it extraordinary that, given we already have so many regulations that sit on places of public entertainment and so on, it is not a legal requirement for such venues to carry out sensible, appropriate and proportionate security checks on those attending them. Will the Government give a firm commitment that they will move forward on this?

[Baroness Williams of Trafford]

I know that the Security Minister met Martyn’s mum on 13 September, and whether legislation is needed is certainly one of the things that the Government are considering. I totally concur with the noble Lord that a lot of regulations are in place, but one thinks of some of the events over the last few years, particularly the shocking event in Manchester—I was there when the first bomb went off and I will never forget that night, particularly as I thought of the children of friends and family. Certainly the Government are seriously considering it.

[Viscount Hailsham (Con)]

My Lords, while I have a great respect for the views expressed by the noble Lord, may I ask my noble friend to be very cautious about this suggestion? The truth is that all large public venues—for that matter, any venue—are at risk from terrorist attack. The assessment of risk depends primarily on the information and facts known largely to the police and the security services, and is difficult for the organisers to assess themselves. The danger of going down this road is that there will be an awful lot of back-guarding litigation cost and disproportionate expense. I would be very cautious.

[Baroness Williams of Trafford]

I understand my noble friend’s point. However, take as an example two types of venue: the Parliamentary Estate, and the mitigating measures that the parliamentary authorities have put in around the estate to make your Lordships’ House and the other House safer following the London attacks; and venues where people might go to listen to music, and so on. The Government have a long-standing work programme to provide the owners and operators of these crowded places with high-quality advice and guidance. Therefore, when I say to the noble Lord, Lord Harris of Haringey, that we are considering it, I mean that we need to look at all the various things that are in place and come up with the right solution.

[Lord Paddick (LD)]

My Lords, the Manchester Arena bomb was detonated outside one of the entrances. Crowds outside venues arguably present an easier target for terrorists. Does the Minister agree that legislation is necessary because security measures should include the build-up of large numbers outside venues, potentially in public spaces, as well as the security of those inside the venues?

[Baroness Williams of Trafford]

My Lords, you cannot think about a crowded venue without thinking about the people outside. I sometimes find that when I am leaving this building in a car, we simply cannot get out. It is quite frightening to be stuck trying to get out of a venue. When we talk about venues, we are talking about both the outside and the inside and what people do when they are stuck trying to get in or out.

[Lord Selkirk of Douglas (Con)]

My Lords, does the Minister accept that the increased use of CCTV, when appropriate, can lead to deterrence and substantial reduction of crime?

[Baroness Williams of Trafford]

In a retrospective way, CCTV can lead to the capturing of criminals and terrorists and could be a deterrent for people engaging in criminal activity at a venue. Live facial recognition, which I know is a controversial subject, could help police in live time to catch people who are on a watch list.

[Lord West of Spithead (Lab)]

My Lords, in 2009, we produced a policy document on security in crowded places which made a lot of use of the National Counter Terrorism Security Office, advising venues on exactly what measures should be taken and laying a certain responsibility on them. Do I take it from what I have heard that that work has not been progressed? I understand that the number of security officers has been reduced, but is there now no responsibility at all on people to implement measures advised by those security officers?

[Baroness Williams of Trafford]

I understand that that is not the case: not only is free advice provided to owners and operators of crowded places on how to protect against and prepare for terrorist attacks but, in the light of attacks, refreshed specialist protective security advice has also been issued. I do not think that that has stopped at all, but I will double check for the noble Lord.

[Lord Haselhurst (Con)]

My Lords, encouraged by the Answer that my noble friend gave to the noble Lord, Lord Harris, should not Parliament be setting an example by laying plans for the enclosure of Parliament Square, which itself is a large public venue, so that we could offer better protection to the thousands of staff who come here every day and the millions of people who visit every year?

[Baroness Williams of Trafford]

My noble friend makes a good point. That is all considered in the round because, as my noble friend said, Parliament is full not just of politicians but of the people who work here and the thousands and thousands of people who visit every week of every year. Yes, we have a duty to protect them.

Crime: Police Numbers

Baroness Williams of Trafford Excerpts

Tuesday 22nd October 2019 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what assessment they have made of the relationship between the number of police officers and the level and types of crimes committed.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, many factors impact on crime levels. More reporting of hidden crimes, recording improvements and some genuine increases in offending have all contributed to recent increases in recorded crime. We also know that increases in fraud, cybercrime and high-harm offences have intensified pressure on police resources.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the previous Prime Minister and the previous Home Secretary seemed to suggest that there was no link between the level of crime and the number of police officers, but the actions of the present Prime Minister and the present Home Secretary suggest that they agree with the Commissioner of the Metropolitan Police that there is such a link. Who should I believe?

[Baroness Williams of Trafford]

As I explained to the noble Lord, these things are multifactorial. The increased pressure on police, the increased demand on police, the changing nature of crime and certainly some of the issues we have seen in the last couple of years have placed unprecedented pressure on police. The noble Lord, Lord Hogan-Howe, often mentions the efficiency and effectiveness of the police, as well as the resources and capabilities that we support them in having.

[Lord Paddick (LD)]

My Lords, there is documented evidence from the College of Policing that stop and search is effective only up to a certain level, after which increases produce no drop in crime. Certainly in knife crime hotspots, the amount of stop and search is above that effective level. Why are the Government making it easier for the police to engage in stop and search without any reasonable suspicion? Does the Minister accept that excessive stop and search can be counterproductive? I speak as someone who was involved as a police sergeant in the 1981 Brixton riots.

[Baroness Williams of Trafford]

It is important that police officers have good relationships with their communities so that there is an element of trust in the police and what they do. As we have discussed before, it is also important that stop and search is intelligence-led rather than just being indiscriminate in certain parts of London and other areas of the country, as the noble Lord talked about.

[Lord Wigley (PC)]

My Lords, the Minister referred to several factors that are relevant in these matters. Will she accept that, if the Government keep their word and employ some 20,000 additional police officers, they will consult closely with local police commissioners to ensure that the needs of the local areas are taken into account in coming to allocation decisions?

[Baroness Williams of Trafford]

My Lords, there would be no point in doing it if we were not committed to the needs of local people. Local areas have their own specific requirements on intervention from the police, so I agree that communication between the police and the Government is important, but PCCs should also be free to deploy the types of police officers that they feel are necessary for their local areas.

[Lord Grocott (Lab)]

Are Home Office Ministers aware of the enormous pressures that police feel are upon them as a result of their numbers reducing over the last few years, as fewer and fewer policemen are expected to deal with more and more issues? If the Minister is not aware of that, can she give some indication to the House of how many individual chief constables feel that they are understaffed, so that some specific way can be found to fill up the obvious deficiency?

[Baroness Williams of Trafford]

Pressure on the police is one of the major factors in the announcement by this and the previous Home Secretary on the ambition to recruit 20,000 police officers. The noble Lord is absolutely right that, as crime goes up, different crimes emerge. It is very important that the police have the resources and capabilities at hand to tackle it.

[Lord Cormack (Con)]

Does my noble friend accept that there is widespread concern at the number of offences that are not investigated? Will she assure the House that as we build up the numbers of police we will also build up the numbers of crimes that are thoroughly and properly investigated?

[Baroness Williams of Trafford]

The police will prioritise, and it is important that crimes are investigated. Locally, it is up to police to ensure that they are.

[Baroness Lawrence of Clarendon (Lab)]

My Lords, the previous Home Secretary indicated that he would increase stop and search, saying that we needed to do so to reduce crime. If that is the case, how do the Government square the circle of their talking about reducing stop and search?

[Baroness Williams of Trafford]

As I said to the noble Lord, Lord Paddick, some of the indiscriminate, random nature of stop and search in the past has been replaced by a move to a much more intelligence-led stop and search, so that people—particularly young people—do not feel that they will be stopped every time they leave the house because of the colour of their skin, as the noble Baroness has said to me in the past. When they go out, people need to know that the police are stopping them because there is an intelligence reason for doing so.

[Lord Greaves (LD)]

My Lords, of course this is about not just the number of police but what they do. East Lancashire 25 years ago was one of the pioneers of modern, community neighbourhood policing in Lancashire. That is now a pale shadow of what it used to be, as there is only half the number of officers and PCSOs. In such areas, will the increase in police which the Government are promising allow us to go back to the kind of effective community policing we used to have? Nowadays the crime levels are going up again.

[Baroness Williams of Trafford]

The Government and the Home Secretary have been clear that they want the police to invest in front-line, much more visible policing that deals with communities in a much closer way than perhaps was previously imagined. The answer is yes.

Visas

Baroness Williams of Trafford Excerpts

Monday 21st October 2019 Lords Chamber

[The Earl of Clancarty]

To ask Her Majesty’s Government what plans they have to review the visa system for non-European (1) academics and (2) musicians visiting the United Kingdom.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, UK Visas and Immigration continually reviews its global visa operation to improve its performance and deliver fast and fair decisions to customers while protecting the integrity of our immigration controls. UKVI continues to work with all stakeholder sectors, including artistic and academic bodies, to deliver improvements to the way we process visa applications from those who seek to enter the UK.

[The Earl of Clancarty (CB)]

My Lords, there is mounting concern for the health of academic and cultural exchange between the UK and other countries. Is the Minister aware of universities’ concerns about the number of academics now refused entry and the worry that ambitions for conferences might be scaled down? Is she further aware of the treatment of some here in the longer term, including, shockingly, that of medical researcher Dr Furaha Asani, who is threatened with deportation to the Democratic Republic of Congo—a ruling decried by the University of Leicester? There is a disconnect between our academic interests and Home Office decisions that needs to be addressed.

--- Later in debate ---

[Baroness Williams of Trafford]

The noble Earl will appreciate that I cannot discuss individual cases, but I hope that he will also be aware that on 8 August the Government announced a new fast-track system for top scientists and researchers, and the numbers are uncapped. Overall, our visa grant rate is 87%, and 98% of tier 2 applications are granted.

[Lord Clement-Jones (LD)]

My Lords, many creative organisations have been forced to use standard visitor visas or the PPE route, despite their preference for the security of the sponsored tier 5 system. Will the Government accept the recommendations of the Creative Industries Federation and ensure that any new immigration proposals reduce the administration and costs for tier 5 certificates and enable artists to undertake multiple engagements with different organisations while they are here on a temporary stay?

[Baroness Williams of Trafford]

I appreciate the point the noble Lord makes. He has made it before, particularly on the route from Ireland. There is a concession under the tier 5 route for creative workers and entertainers for non-EEA and non-visa nationals. That concession, as he knows, allows them to enter the UK without obtaining entry clearance. But he will also know that new guidance is now out for those multiple applications. Indeed, not only has the route through Ireland been temporarily clarified since February this year, but we plan to make secondary legislation changes to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 so that non-EEA and non-visa nationals who hold a valid COS not only will receive deemed leave but will not have restrictions on paid entertainment.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the Minister has heard a couple of examples of the problems that academics and visiting musicians are having getting visas to work and perform in the UK. What effect does she think these cases are having on our international reputation?

[Baroness Williams of Trafford]

I outlined the visa acceptance grant rates, which are extremely high— 98% for tier 2—and the speed at which they are granted. I think 97% are now granted within the 15-week service standard.

[Lord Cashman (Non-Afl)]

My Lords, the noble Earl raises a very serious issue with his Question. Across the creative industries and the talent unions, there is concern about being able to forward plan programmes and artistic festivals. Will the Minister consult with talent unions and the creative industries to ensure a degree of certainty in these visa applications?

[Baroness Williams of Trafford]

I thank the noble Lord for that. I misspoke in my previous answer: I said “15 weeks” when I meant 15 days. The whole point of a visa system is not to deter people or keep them out but to encourage the creative industries from around the world, while keeping our borders under control.

[Lord West of Spithead (Lab)]

My Lords, talking of musicians, the Minister will be aware that, 214 years ago today, musicians were playing on the decks of the battleships of the British fleet as it bore down on the Franco-Spanish fleet. Will the Minister pass the regards of the House to the Royal Navy, who still protect the freedom of the seas for our nation, on this very special day for the naval service?

[Baroness Williams of Trafford]

I shall do that with gusto. Every time the noble Lord asks me a question, I am educated.

[Lord Fox (LD)]

Turning from the high seas to our green and pleasant land, the Minister will be aware that there is already a recruitment problem for workers coming to harvest the crops in this country. The upcoming Immigration Rules will exacerbate this problem massively. It is not only tier 1 academics and people like that, but also people who work on the land, in our care homes and across our economy. That economy is going to be damaged by these rules. Can the Minister undertake to reassess the thresholds that are being used?

[Baroness Williams of Trafford]

We are trying to achieve a fair immigration system for those who are visiting, those who are staying for a short time and those who are coming to work, from EU and non-EU countries. Looking forward, we are going to create a points-based system so that we can attract the brightest and the best to this country.

[Baroness Bull (CB)]

My Lords, like many noble Lords, I am sure, I welcome the intention within the Queen’s Speech for a more accessible visa system that attracts global scientific talent to tackle the greatest challenges facing our society, but does the Minister agree that science alone will not be enough to solve those challenges and that the perspective of the humanities and the social sciences will be essential if we are to take lessons from history, understand how people engage with technology and communicate the messages in a way that will drive changes in human behaviour?

[Baroness Williams of Trafford]

I agree with the noble Baroness that science alone will not solve the problems that we face, but science is hugely important, particularly given that we have a shortage of scientists in this country and a shortage of specialist engineers. That is why I think noble Lords focus on this area.

[Lord Newby (LD)]

My Lords, does the Minister’s definition of “the brightest and the best” extend to the brightest and best fruit-pickers?

[Baroness Williams of Trafford]

I think that the noble Lord is conflating two issues. In terms of our future immigration system, yes, we want the brightest and best, but it must be a system that works for people coming here both temporarily and for work.