Immigration: Children

Debate between Baroness Williams of Trafford and Lord Russell of Liverpool

Tuesday 23rd July 2019 Lords Chamber

[Baroness Williams of Trafford]

It is not a question of not being particularly interested. As I said to the noble Baroness, Lady Hamwee, there is information sharing between the Home Office and local authorities. I imagine that it is management information, as opposed to publishable figures, but I can confirm that to the noble Lord.

[Lord Russell of Liverpool (CB)]

My Lords, in her response to the noble Baroness, Lady Lister, the Minister said that several Governments have applied the same rules. She might be interested to know that a very distinguished noble friend and fellow Cross-Bencher sitting not a million miles away from me muttered in my direction, “One of the definitions of insanity is doing the same wrong thing again and again”.

I come back to the point of children being denied free school meals. In all conscience, how can any Home Office official or Minister say that that is the right thing to do? In what way does it promote integration? And what on earth have those children done wrong?

[Baroness Williams of Trafford]

The point I made did not uphold the noble Lord’s point that doing the same thing over again and expecting a different result is the definition of insanity but that successive Governments have accepted that, if you do not have right of residency, NRPF should apply. On free school meals, a pupil or their parent must be in receipt of any of the qualifying benefits, including asylum support, and must make a claim to the school for free school meals. It is not that a child would not have access, but that they must satisfy the criteria. Decisions over whether immigrants or refugees have recourse to public funds and/or receive asylum support are made by the Home Office.

Immigration (Health Charge) (Amendment) Order 2018

Debate between Baroness Williams of Trafford and Lord Russell of Liverpool

Wednesday 28th November 2018 Lords Chamber

[Baroness Williams of Trafford]

I am glad to have a former Health Secretary standing behind me to put noble Lords—and me—absolutely right.

[Lord Russell of Liverpool]

Will the Minister come back to the point I raised about the inadequacy of the information we have about how effective the fee-waiver system is?

[Baroness Williams of Trafford]

I will. I will not give him an adequate response, but I will tell him why; if that is okay.

The noble Lord, Lord Rosser, asked why the charge was set below cost recovery levels. I think I have answered that. He asked why the estimate in 2015 of £800 per person is so different from what we have now. It is because in 2015 it was just that, an estimate. We can now give an actual figure, given that people actually use the health service. The noble Lord also asked why we decided to double it on the basis of Department of Health and Social Care analysis. He will know that we made a commitment before the 2017 general election to triple the surcharge. We have not; we have doubled it. It was because we had made a manifesto commitment that we did not consult on the issue.

The noble Lord also asked about EU citizens. We are in the process of negotiating reciprocal healthcare arrangements with the EU. We have reached agreement on citizens’ rights that will protect EU citizens and their family members who are resident in the UK by the end of the planned implementation period on 31 December 2020. We have made it clear that the immigration health surcharge will not apply where EU citizens make immigration applications during the implementation period after the UK leaves the EU. We will set out our plans for the future border and immigration system in a White Paper later this year, which, noble Lords will work out, has not long left. Another noble Lord asked that question. I will not pre-empt or trail the White Paper with further detail at this stage.

We have been through the double taxation argument. I do not think that the noble Lords who asked about it agree with me, but I have made the point that the charge is fair not only to migrants but to UK national and permanent residents who have or will make a greater contribution to the NHS over their working life.

The noble Lord, Lord Paddick, and the noble Baroness, Lady Jones, talked about the compliant environment. This is nothing to do with the compliant environment. The charge is intended to ensure that temporary legal migrants make a fair contribution to the cost of their healthcare in the UK. In contrast, the compliant environment is a suite of compliance, deterrence and data-sharing measures that form part of our overall approach to deterring and tackling illegal migration and protecting public services.

The noble Baroness, Lady Lister, asked why children do not feature in the impact assessment. This is because it is at a macro level rather than an individual level. I know she does not like that answer but individuals are fully catered for in the system of fee waivers and exemptions, and a child is as likely to need healthcare as an adult.

[Baroness Williams of Trafford]

I take the noble Baroness’s point because in everything we do with law, we have to consider the rights of the child. That is a basic requirement on the Government. It may be implied, it may not be, but I entirely take the noble Baroness’s point.

The noble Lord, Lord Rosser, asked me about undocumented children having to make four applications over 10 years at over £10,000. These applicants fall within the scope of specified human rights applications for which fee waivers are available—we have gone over that point—but, of course, parents may apply for the fee waiver for the child.

We have produced the policy on equalities assessment and will provide it to Peers who have spoken in this debate and place a copy in the House Library. I cannot stand at the Dispatch Box and say that it includes children. I suspect from what the noble Baroness says that it does not, so I go back to my previous point.

The noble Baroness asked about the chief inspector’s report and when it will be published. The immigration fees and the surcharge are obviously two separate things. The Government made a manifesto commitment to increase the surcharge and it is important that we deliver on that.

The noble Baroness also asked about the proportion of applicants receiving a waiver—this goes to the point made by the noble Lord, Lord Russell of Liverpool—but we have not published that information. However, we are reviewing the process because, as time goes on, these issues necessarily become more complex. I know that does not answer entirely the point made by the noble Lord, Lord Russell, and the noble Baroness, Lady Lister, but we will be reviewing that.

[Lord Russell of Liverpool]

On the point I made that in the impact assessment there is a reference to the Government considering options for families who are experiencing hardship, what options are the Government considering and where are they in their thinking?

[Baroness Williams of Trafford]

I cannot give the noble Lord any more information on that at this point but I am sure it will be released in due course. He also asked about the Coram freedom of information request. The first response was based on management information from a live database which is subject to variations as the year progresses. The second was not answered because of a policy to release only published information. Government departments often do not release information if it is not published information, although I have given management information with caveats before. The Government are seeking to resolve this issue.

[Lord Russell of Liverpool]

Does the Minister accept that it is extraordinarily difficult for us to try to work out the effects and the effectiveness of the fee-waiver system in the absence of any reliable or up-to-date data? How can the Government make decisions about it if they do not have the data? If they do have the data, please can they share it with us?

[Baroness Williams of Trafford]

We do not share management information data because it is purely that—management information. As I understand it, we are seeking to resolve this issue with Coram Children’s Legal Centre, and when we do I will be happy to write to the noble Lord with the outcome.

I hope that noble Lords are satisfied with my response, although I suspect they are not, and that the noble Lord will feel happy to withdraw his amendment.