(3 years, 4 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of reports that highly skilled migrants from Commonwealth countries who have lived in the United Kingdom for 10 or more years have been refused indefinite leave to remain.
My Lords, we do not believe that highly skilled migrants who came to the UK using the tier 1 general visa route have been incorrectly refused indefinite leave to remain. There have been many cases of applicants appearing to deliberately misrepresent their earnings to qualify for leave to remain. We are giving applicants opportunities to respond to these concerns, and each case is being considered on its merits.
My Lords, my understanding of the Home Office data, supported by the Migrants’ Rights Network, shows that all highly skilled migrants who have been refused indefinite leave to remain are non-white and from six Commonwealth countries in south Asia and Africa. Given that the Institute for Fiscal Studies showed that 60% of all online self-assessment tax returns have discrepancies—the main reason for their refusal—can the Minister explain this worrying racial disparity, particularly coming after the Windrush review?
My Lords, I absolutely refute that this has anything to do with the Windrush generation. The noble Lord points out that a large proportion of the refusals were given to non-white people; the countries represented have populations that would normally be non-white—that is the link there. People falsified earnings: quite often, amendments were made to tax returns over three years after the original returns and often less than six months before making the ILR application.
(3 years, 6 months ago)
Lords ChamberI totally agree with my noble friend because good training and, as he said, diversity, with enforcers, should really improve the performance in this area. Training is crucial because, unless these officers are trained, they will not be equipped to deal with these issues.
My Lords, this is an honest and fair report. I declare my interest as a board member for Police Now, which seeks to recruit graduate police officers, particularly from black, Asian and minority ethnic communities. Our job is made that much worse when we see the levels of stop and search for black youths at nine times higher than for their white peers. When 95% of the nation was in lockdown, stop and search for black youths went up 25%, and they were often humiliated as well as being stopped and searched. It was not for knives, in general; 70% of it was for drugs. Often the smell of marijuana—
Does the Minister agree with me that this disproportionality, which alienates so many youths and puts off so many of them from joining the police, must change? We must police by consent.
I agree that we must police by consent. I also agree that someone should never be stopped on the basis of their race, and that the use of stop and search must be both reasonable and proportionate.
(3 years, 9 months ago)
Lords ChamberIn answer to the question on immigration, the noble Lord is absolutely right about the high rate of appeal success. Quite often, people bring successful last-minute claims; we are trying to get those figures down. This Urgent Question is, however, about the deportation of some pretty serious criminals. On the noble Lord’s other question, people who face deportation have legal advice whenever they need it and arrangements are made for them when they arrive back in their countries of origin.
My Lords, can the Minister assure me that on this flight to Jamaica tomorrow there are no individuals who were brought to this country as children, and nobody with a non-serious, non-violent offence?
The noble Lord will understand that I cannot talk about individuals, but I assure him that everybody on that flight has served a sentence of 12 months or more, some for very serious crimes indeed.
(3 years, 9 months ago)
Lords ChamberI agree with my noble friend that accessibility to online services is crucial, and in fact we announced funding to help with online services during the Covid period. I wholeheartedly support her point about people who have very little English. I have met women in such situations who not only cannot speak English but have had their passports taken away from them. That leaves them in the most vulnerable situation imaginable, as they are not even able to explain what has happened to them.
The Joint Council for the Welfare of Immigrants argued, even before the Covid pandemic, that having no recourse to public funds had pushed families into abject poverty, unsustainable debt and homelessness. Covid has exacerbated this problem, particularly with regard to the rise of domestic violence suffered by migrant women. As a matter of urgency and decency, can we massively widen the exceptions to “no recourse to public funds” or, at best during this difficult time, abandon it?
As a matter of course during the Covid pandemic, if someone is a victim of domestic violence, they are effectively supported as such first and foremost, before any other considerations are taken into account. Certainly, “no recourse to public funds” change of conditions grants have been 89% successful. I do not take away from what the noble Lord says at all, because he is asking whether we can help these people as victims of domestic violence first and foremost.
(3 years, 9 months ago)
Lords ChamberI do not think it essential that there is every protected characteristic on the EHRC. However, I take the right reverend Prelate’s point that—certainly in the current climate—BAME representation or indeed black representation might be a really good asset to the EHRC. I am sure he is correct, but I will check out the veracity of that and get back to him.
My Lords, this is particularly personal to me. My mother was part of the Windrush generation and gave the best part of her life, more than 50 years, to working for the NHS. The most senior black civil servant working on the Windrush compensation scheme resigned, citing racism and stating that there was a complete lack of humanity in dealing with applicants. Equally strong was Wendy Williams’ Windrush review, which highlighted that people were not coming forward because the burden of proof for their legal status was far too high. Given that trust in the system is at an all-time low, particularly among black people, and that things are still going catastrophically wrong, does the Minister agree that we should pause deportation flights such as the one to Jamaica scheduled for 2 December?
On the last point, I understand that none of the people scheduled for deportation is Windrush, and actually there are some very serious criminals due to go on that flight. That said, as I said earlier to the noble Lord, Lord Dholakia, the fact that the most senior black civil servant made those claims is not something that I can stand here and be defensive about. We need to listen very carefully to what people are saying as opposed to dismissing it—although I am not saying that it is being dismissed at all. The scheme was designed with some of the claimants in mind, but it is something for us as the Home Office to reflect on in the weeks and months ahead.
(4 years, 5 months ago)
Lords ChamberI certainly take the noble Baroness’s comments on board. The Government constantly review legislation to ensure that it is working effectively, but I shall certainly look into the point that she makes. We of course want the legislation to work in the best and most effective way.
Does the Minister agree that many of those caught up in county lines drug trafficking are extremely vulnerable children and teenagers, and furthermore, that our response should and must be cross-governmental? We need to have a grown-up conversation about drugs policy. The present policy—often described as a “war on drugs”—seems only to embolden gangs and cause misery in many communities. At the other end of this joined-up thinking, particularly to stop the disproportionality of black children being excluded from schools, must be an unprecedented recruitment drive of black male teachers.
I most certainly agree with the noble Lord about this whole thing being driven by the drugs markets. The types of people who are most predominantly targeted and engaged in this are indeed vulnerable teenagers, and in fact younger. I totally agree that a multiagency approach is entirely needed, which is what the National County Lines Coordination Centre aims to do. It is a multiagency team of experts from the NCA, the police and regional crime units. I also take his point about the stopping of black people. People should be stopped on an intelligence- led basis, not because of the colour of their skin.