(4 months, 1 week ago)
Lords ChamberMy Lords, I intend to be brief. I congratulate my noble friend Lord Fuller on his maiden speech.
I am grateful to the noble Lord, Lord Hunt of Kings Heath, for introducing the debate. We have sparred for many years, and I know how much he enjoys my supplementary question technique. His speech was slightly disappointing: he expressed no sentiments that I disagreed with.
My Lords, I will try to do better in the future.
I am full of optimism for this Parliament and strongly support the proposed planning reforms, including for offshore wind, and I agree with everything that was said by the noble Lord, Lord Rooker. I just worry that the Government’s proposals will not go far enough, though I think they will unlock development. I assure the Government that I will do nothing to impede these reforms. I have already checked my diary; I have business meetings on every conceivable day that we will be voting against these proposals. We have allowed the population of the United Kingdom to grow significantly. If we increase the population, it is inevitable that we must bring more land into development, not just for housing but for employment. The noble Lord, Lord Rooker, explained why this is not a problem.
I see far too many businesses operating in units that are too small, badly organised and inefficiently laid out, and with no space for new and more modern machinery. This results in them having to send goods to another factory, using transport and emissions, in order to carry out a further process. We need to improve the supply of industrial premises. I hope that some of the Government’s planning reforms will make that easier. A few years ago, I wanted to buy a small industrial unit near home, near Portsmouth. I gave up. I could not buy a small industrial unit—there were none.
The noble Lord, Lord Hunt, talked about GB Energy. I know that private funding will be leveraged in, but I wonder whether the amount of money he is talking about is going to be enough to make a difference.
My noble friends Lady Moyo and Lord Lilley talked about the increase in electricity demand. There is demand from data centres but also for charging heavy goods vehicles, which uses a huge amount of electricity. Problems are arising with the movement of new heavy electrical equipment. Some of these high-voltage DC transformers that enable electricity to be transmitted long distances weigh 200 to 300 tonnes. There are serious and complex technical and regulatory problems, and several government departments are involved. I am doing what I can to help, and will be engaging with Ministers and officials. I am the subject matter expert and I am not convinced that a layman working from a brief will be able to perform the same function that I do, but no one else in Parliament has the knowledge. Once I am ejected from your Lordships’ House, who will look after this industrial problem?
Finally, I support onshore wind turbines. Of course there are adverse effects, but carbon reduction surely is a priority. I am afraid that I am not convinced by the arguments laid out by my noble friend Lady McIntosh.
(11 years, 11 months ago)
Lords ChamberMy Lords, eventually for all the 82 high- risk countries, you will not be able to get a visa to the UK unless you are clear of TB. To clarify further my answer to the noble Lord, Lord Morris, arrivals from the other European states are not tested for TB because of course they do not need to be tested. They can come and go as they please.
My Lords, is the noble Earl aware that the growing incidence of TB is actually a feature now in the UK, particularly in cities such as London and Birmingham? What priority are the Government giving within the National Health Service to dealing with a problem that is causing a great deal of concern?
(12 years ago)
Lords Chamber
To ask Her Majesty’s Government what action they will take regarding the London Midland rail franchise, following recent disruption of its services.
My Lords, London Midland has not yet breached its contractual cancellations benchmark, which is calculated as a rolling annual average. However, if the situation continues and cancellations increase, the department has a range of actions available, which will certainly require robust plans to improve performance and, potentially, further punitive measures. My honourable friend the Transport Minister Norman Baker discussed the matter with London Midland’s managing director last week to apprise him of the department’s concerns.
My Lords, I am not sure that that will be much compensation to the thousands of travellers, particularly in the West Midlands, who have suffered from the cancellation of hundreds of trains in the past few weeks. Can I take the noble Earl to the general obligation contained in the franchise agreement, which is that the operator should undertake its job with a,
“degree of skill, diligence, prudence and foresight”?
The problem with the London Midland service is a shortage of drivers. I would have thought that that is ample evidence for an intervention into the franchise agreement. This company is not fit to run the franchise.
My Lords, I share the noble Lord’s concerns regarding passenger experience. He is right that the problem relates to a shortage of drivers and the ability of London Midland to retain the drivers it has and attract new drivers. It is a competitive market. There is also a considerable lead time for taking on and training new drivers. This is a matter for London Midland. However, there are strong incentives for it to put the situation right.
(12 years, 6 months ago)
Lords ChamberMy Lords, my noble friend asks a good question, although it is slightly wide of the Question on the Order Paper. We support the ETS scheme, but my noble friend will understand that there are difficulties with it as well.
But, my Lords, on the question of an integrated transport policy and given that the Minister mentioned Birmingham Airport, does he not, like me, regret the absence of an HS2 Bill in the Queen’s Speech? Does that indicate that the Government are in fact having second thoughts on that?
(13 years, 2 months ago)
Lords ChamberMy main point was that the consultation was responding to the policy rather than giving us detailed data on the likely effect of the policy.
My Lords, I am most grateful to the noble Earl, Lord Attlee, who seems to be working very hard today.
First of all, I echo the point made by the noble Baroness, Lady Hamwee, about the work of the Merits Select Committee, of which she is a distinguished member. It is very difficult for noble Lords to go through all the statutory instruments and statements of changes, and without the Committee we would be in a very difficult position as far as parliamentary scrutiny is concerned. Essentially this debate is about two issues. One is parliamentary process and the information provided by the Home Office; and it is also about the policy. On the issue of parliamentary process, it is very important that the Home Office learns lessons from the way in which this statement and previous statements have been produced for when further changes in Immigration Rules are brought before your Lordships’ House.
The noble Lord, Lord Avebury, has said that this is not the first such occasion, and indeed it is not. We come back consistently to this House to debate these changes because of the inadequacy of the department’s approach. The noble Earl said that his department readily takes on board the points made by the Merits Select Committee, but so far it has not. We continuously come back to debate these issues because the Merits Select Committee has identified inadequacies in his department’s approach. I have very little confidence that we will not be back in another few weeks with further discussion on the same basis.
The noble Earl has kindly offered to write to noble Lords on points to which he has not responded—he always does and it is appreciated—and I hope that his department will take this to heart. I thought it was very interesting when the noble Baroness, Lady Hamwee, said that the problem with the IA was that it only had two options: the do-nothing option, or the option of taking what the Home Office wants to do. Rather surprisingly, the Government have come to the view that the Home Office got it right in the first place. I am sure that we are all reassured that, after rigorous consideration of the Home Office’s original proposals, they have indeed, through the IA, come to the view that that is the right approach. Normally on IAs, one seems to get a series of options where I think one can get a more considered view, and I would hope for that in the future.
I too would pay tribute to the ILPA. I thought that the briefing paper it produced for us was, as ever, very comprehensive. Very interesting were the examples that it gave of people who would be badly affected by these proposals and changes. I hope that the noble Earl will have some time to have a look at these examples, because I think that they bring home to us how these changes can have a real impact on people from other countries.
The noble Lord, Lord Avebury, spoke about the impact of English language schools, and I agreed with everything that he said. I thought that he put a very pertinent point to the noble Earl about the proposal to change from the accreditation scheme to the monopolistic provider that is now going to be provided in relation to inspection, which will be very expensive indeed. The noble Earl gave the reasoned response that he thought this was going to be a more effective and more rigorous scrutiny. I hope that the noble Lord, Lord Avebury, might feel able to bring this back in some form because I think that it warrants further debate. I am particularly worried about the monopolistic issue and the cost, and I hope that there will be an opportunity to debate this further in due course.
I very much agreed with the noble Lord, Lord Clement-Jones, who spoke from his experience of the School of Pharmacy. My experience is particularly in the health field. Throughout the world we have wonderful contacts with healthcare systems in other countries, and it is because we have always had this marvellous open door, with people from other countries who often come to help the NHS. My fear is that it is not just the change in the rules that will make a difference but the change in the atmosphere; people from other countries will get the feeling that they are no longer wanted here to study, and that is a major concern.
Yes, my Lords, but surely the point is to deal with the abuse in a holistic way and not stop legitimate people coming here. I fear that the changes will have that dampener impact. I really do.
On the question of consultation, I, like the noble Baroness, was rather confused by the Minister’s response. The Government seem to dismiss these responses because they commented on the policy or because they were unrepresentative. I do not know who decided that they were unrepresentative; it is almost as if the Government have decided that anyone who does not like the policy should not be listened to because they are unrepresentative. I just point out to him—and I am indebted to my noble friend Lord Rosser for referring to this—that the Merits Committee in paragraph 10 says that the committee very much regrets the lack of information and how the findings from the consultation fed into the conclusions and estimates that the Government have made. As the committee says,
“the estimation of costs to educational establishments would benefit from”,
consultees, and it is,
“regrettable as the Government presumably received some useful information given that the consultation specifically asked about the main advantages/disadvantages of the changes”.
If you are commenting on the general policy, I would have thought that you were actually talking about the main advantages and disadvantages of the changes. That really gives the game away. The fact is that all those legitimate organisations involved in education know that this has been a disastrous change in policy; they told the Government that and the Government take no notice. No wonder they have not fed that into the results of this statement of changes.
This has been a thoroughly good debate. Once again, the Government have found themselves rather lonely on this policy. That is because this policy is wrong and highly damaging to this country. I of course withdraw the Motion, but I hope that the Government will listen to what noble Lords have said tonight.
(13 years, 5 months ago)
Lords ChamberMy Lords, the local authority has obligations under the law of homelessness, as the noble Lord fully appreciates. I go back to my original point: we cannot allow people to flout our planning laws.
My Lords, the original Question was about cost. The noble Earl will know that currently we are debating the Police Reform and Social Responsibility Bill, which proposes to party-politicise our police force through the election of police commissioners. Would it not be true to say that the money being spent on those elected commissioners would be better spent on ensuring that our police forces are properly staffed?
My Lords, I thought that the noble Lord would raise the issue of police and crime commissioners; I would have been very disappointed if he had not. We do not intend to limit the influence of central government on policing decisions only to see the same restrictions imposed by PCCs. They will provide the community with a voice and local accountability that is currently non-existent.
(13 years, 6 months ago)
Grand CommitteeMy Lords, I am very grateful to the noble Earl, Lord Attlee, for that and to the noble Baroness, Lady Falkner, for her contribution to the debate. Let me start by making it clear that we support the two instruments before us and the other two that are associated. I was not expecting the noble Earl to give a detailed assessment of the Government’s overall approach to Libya and to the situation, but I take his point and I am sure that it would be welcomed should there be further opportunities in your Lordships’ House for debates on these matters over the next few weeks and months. I have also noted that we might expect orders in relation to 13 individuals in Syria—I think that that was what the noble Earl said—following action—
My Lords, I now understand that the instruments will come into force at 6 pm tonight.
My Lords, I was just going to say that I welcomed that information, and the fact that action has been taken in this area. The noble Earl has also explained the reason for departing from normal practice in laying the travel bans order. I have no problem with that. He made some very interesting comments about the proportionate application of the asset-freezing regulations. I say again that I fully understand the reasons for that proportionate approach. I hope that his department will be able to monitor that effectively, as experience shows that proportionate application sometimes leads to gaps that people can find their way through. Therefore, it would be good if one could be assured that these matters will be kept under review. I was glad that the noble Earl was able to report that no particular practical measures have so far surfaced in relation to the instruments before us. Overall, I am grateful to him for the information that he has given us.
It might be helpful if I clarify the position slightly. The asset freeze comes into force at 6 pm tonight, not the travel ban—that will come later. However, I do not advise the designated people to try to travel to the UK.
I am sure that we are all reassured by that clarification.
(13 years, 8 months ago)
Grand CommitteeMy Lords, I thank all noble Lords for the considered debate given to these regulations. I am grateful to the noble Lord, Lord Hunt, for his comments about the Merits Committee reports. I am sure he is right. I will write on any vital points I do not cover in my response.
The noble Lord, Lord Avebury, asked a number of very good questions. He asked about students switching courses. Tier four migrants who applied for leave from 5 October 2009 have to apply and pay a fee to the UK Border Agency to change sponsor as part of a new leave application. Students who applied for leave under tier four of the points-based system between 31 March 2009 and 4 October 2009 would now have to pay the UK Border Agency when they want to change their educational establishment. Currently the UK Border Agency considers the requests from these students when they wish to change their educational establishment and approves or refuses them accordingly. There is a cost to the UK Border Agency for undertaking this work but no fee is charged. In the current economic climate we think it is right that these costs are met by the applicant. It is right that applicants pay this fee as there is a cost to the UK Border Agency of assuring that this switch of establishment does not infringe on the students’ immigration status. Last year we received about 18,000 such applications, although we anticipate a much lower level this year. The proposed fee of £160 will be lower than the £386 that those who were granted leave based on applications dated from 5 October 2009 are required to pay. Changes to the immigration rules will be announced before this fee is introduced. This is part of our process of making sure that those who come here to study are not coming here to work.
The noble Lords, Lord Avebury and Lord Hunt of Kings Heath, talked about some of the reductions in the UK Border Agency. We are aiming to maintain service standards in terms of time and quality as we reduce costs but improve productivity. We are achieving this through investment in technology, moving to electronic rather than paper applications and case files, improved workflow management, and more efficient security-checking arrangements. These fee proposals will ensure that, while we are reducing costs, we are increasing income levels as we shift the contribution for the migration system from the UK taxpayer to the migrants who benefit.
The noble Lord, Lord Avebury, also made the point about balancing income and expenditure. In 2011-12 the UK immigration system is expected to cost over £2 billion. Our proposals will ensure that we recover approximately 36 per cent through fees from applicants and the services. These additional fee increases are expected to raise approximately an extra £90 million. Of this figure we expect to generate around £65 million from income fees set at levels where they exceed the administrative cost of processing an application. The rest of this figure will come from fees set at or below costs. The remaining costs are met by the UK taxpayer. The Committee should not forget that.
The noble Lord, Lord Avebury, talked about children born to foreign members of the UK Armed Forces. We believe that all those individuals who are required to register for British nationality should pay a fee to reflect the value of the entitlement that citizenship bestows. We only need to think of current events where Her Majesty’s Armed Forces are repatriating people stuck in difficult situations all around the globe. We already offer significant concessions to those family members by enabling their children to bypass the requirements placed on children of other migrants to obtain settlement in the UK before an application for citizenship can be made. This offers a more accelerated and hence cheaper route to citizenship than that available to family members of other migrants. An application to register for British citizenship is the free choice of the individual, or their parent in the case of children, and is not a requirement placed by the UK Government on a migrant asking to stay. It is charged at £540. By contrast, the fees required to reach a point where a child born overseas to a migrant worker could claim citizenship would be at least £2,322.
The noble Lord, Lord Avebury, asked about legacy cases. We estimate that we will have completed these by July 2011. He also asked about refunds for refused applications. The fees are set for the work involved in considering the application, not according to its outcome. He also asked about refusal of nationality. He will understand that this is a debate about fees, so I will write to him on that point.
The noble Lord, Lord Hunt, made an extremely important point about international comparisons. He suggested that perhaps the Chinese would start charging us higher fees. We regularly review the fees charged by the UK against those charged by comparator economies across the globe, and I imagine that the Chinese do the same. However, migration systems and fees are complex. Direct comparisons of price can be difficult because we cannot always compare like with like. Visa fees vary considerably between comparable economies and depend usually on the particular circumstances of the applicant, such as their current location, their category of stay and their relationship to the settled person. Visas can be issued for different lengths of time, can allow more than one visit and can confer particular entitlements to work or bring in dependants. Some countries charge an additional fee for dependant applications.
My Lords, that point was very helpful. Does the noble Earl accept that if costs go up—and the general trend is that UK fees are going up—although it is difficult to equate like for like exactly, there might be a knock-on impact on British businesses trading abroad because if fees go up here, they will go up there?
My Lords, there might be a small effect, but when one considers how much people will pay—thousands—to gain illegal entry to this country, the cost of a legal visa is relatively small.
We believe that our fees compare favourably with those of key competitor countries and offer good value, particularly when one considers the benefits and entitlements of a successful application. Where visa fees charged by the UK are more expensive than those of other countries—for example, fees for visit visas—we tend to offer better entitlements to applicants. For example, the Schengen visa is a three-month, single-visit visa, whereas the UK short-term visit visa is multiple-entry and valid for six months.
I will make some international price comparisons. For a short-term visit visa for up to six months, the UK charges £76, Australia £65, Canada £66, New Zealand £67 and the USA £96. The Schengen visa is cheaper, but it is single-entry and valid only for three months. For tier 1 exceptional talent, the UK charges £800, Australia £1,080 and Canada £662. For a tier 1 investor, the UK charges £800 and Australia £2,132. I could go on, but I would weary the Committee.
The noble Lord, Lord Hunt, asked about the robust methodology of the impact assessment. The methodology that we applied for estimating the impact of elasticity of demand was agreed by cross-government economists and by the independent Regulatory Policy Committee. We do not believe that fee increases at the level we propose will have a significant impact on the volume of demand.
The noble Lord, Lord Avebury, asked about the fee for the English language test, which is not included in the powers being debated here. He asked for an explanation of the income figures in the impact assessment. The additional fees increases are expected to raise approximately £90 million. Of this, we expect to generate around £65 million in income from setting fees at a level that exceeds the administrative cost of processing applications. I apologise for repeating the figures.
I apologise for asking the noble Lord, but my confusion is that in the table at the bottom of page 13 under the cost benefit analysis it says that:
“Benefits … Revenue raised from fee changes for those who continue to apply (PV)”
is £24.1 million. However, over the page on page 14 it says:
“UKBA’s annual income is estimated to rise by £65.4 million as a result of fee changes”.
Are those two different definitions?
My Lords, I am confident that the analysis is robust. I think it best that I write to the noble Lord with the exact situation, but it is quite a complicated analysis. The Committee should be assured that the brightest and the best will continue to be welcomed to the UK as will those who seek to come here to visit or to invest. We will also continue to monitor the impacts of our proposed changes. I believe that these regulations provide a basis for the sustainable immigration system that noble Lords want and I commend them to the Committee.
(13 years, 8 months ago)
Lords ChamberMy Lords, perhaps I may briefly support my noble friend in saying that I hope that the noble Earl will be able to give the assurance that he requires. The problem with Schedule 3 is that, on the face of it, it gives considerable power to Ministers to alter the constitutional arrangements of bodies and offices. I take that to mean that, if the Government were unhappy with the performance of the board of such an organisation, they could make drastic changes in its governance arrangements by bringing an order before Parliament. The problem is that that power could also be used to remove members of the board who may be causing some disagreeableness to the Government. That is a matter of concern. Clearly, if these public bodies are not able to exercise their functions in a robust and independent way, they are unlikely to do their job effectively. This relates to all the bodies listed but I think that the question that my noble friend has raised about Passenger Focus is a fair one to put to the noble Earl, Lord Attlee. I hope that, specifically in regard to this body, the noble Earl will say on the record from the Dispatch Box that the changes envisaged to governance et cetera will only be minor.
My Lords, this amendment would remove Passenger Focus from Schedule 3, preventing our current proposals to change the governance arrangements of the body. The noble Lord, Lord Whitty, asks why the body is still here in the Bill. He also mentioned other bodies, such as Citizens Advice. He will recognise that BIS is developing proposals for reforming the wider consumer landscape, but it is too soon to say how the reform of Passenger Focus will fit with that, as this is too long term.
The noble Lord expanded his point to Citizens Advice and trading standards organisations, if I may put it like that. We would not want to rule that out but the consideration of options is at too early a stage for any commitment to be given. As was made clear in Committee, the appearance of Passenger Focus in the Bill does not reflect the view that passengers’ interests are unimportant. We are very clear that passengers are the only reason that we run a public transport system in the first place. In addition, we fully accept the need for a powerful passenger advocate, which is reinforced by EU provisions that require us to have a properly independent complaints body to which passengers can turn. Passenger Focus has that role. This was reflected in the public bodies review, which concluded that Passenger Focus should be retained but substantially reformed to focus on the core role of protecting passengers, while reducing costs to taxpayers.
The noble Lord, Lord Hunt of Kings Heath, made the important point—if I might paraphrase him—that this is perhaps an opportunity to weaken the body in certain circumstances. The answer to that is simply no. We want to maintain an effective passenger advocate; that is the best way of ensuring that transport operators are held properly to account. The Government also value having a passenger advocate that has the confidence and expertise to be a critical friend to the Government and is prepared, where appropriate, to hold both the Government and transport operators to account. This is an opportunity to ensure that role is performed in a robust and cost-effective way.
A significant amount of work has already taken place to review the details of Passenger Focus’s work for next year within a significantly reduced budget. As part of this process, it is right that we should look at areas such as the size and composition of the Passenger Focus board. The noble Lord, Lord Whitty, asked how we would achieve the reduction in budget. An obvious area for reduction is research. We do not expect research to end altogether, but it is right to be sure that the current range of research is genuinely justifiable. We need to consider whether operators should do more to canvass the views of their customers, rather than expect the Government to pay for research.
As referred to in Committee, Schedule 3 can be used to implement changes to the composition of the Passenger Focus board. Indeed, we understand that Passenger Focus has for some time been considering streamlining the board’s operation. Although the details are still to be finalised, it makes sense that a scaling back of its activities should be accompanied by a smaller board that will also result in savings for the taxpayer. I understand that Passenger Focus is looking at reducing the size and cost of its board through a combination of measures, including not filling vacancies and changing the scale and scope of board meetings. The Government are working constructively with Passenger Focus to help it maintain its important functions within the constraints of a reduced budget.
We are also interested in exploring the continued funding of passenger representation in Scotland and Wales, where rail policy is largely a devolved matter. We are in contact with the devolved Administrations about how this may be taken forward. Some of Passenger Focus’s other specific Scottish and Welsh passenger activity, such as the current passenger link work, is expected to be restructured in a similar way to that in England.
I hope the noble Lord is persuaded that there are good reasons to have the ability to change the governance arrangements for Passenger Focus and that he will therefore feel able to withdraw his amendment on that basis.
(13 years, 8 months ago)
Lords ChamberThe noble Baroness makes an important point. I am quite confident that we have considered carefully the matter of the age of the child. However, where the child is obviously younger or more vulnerable more attention will be paid by the UKBA officials.
My Lords, can the Minister tell me what role the British Transport Police has to play, particularly in relation to those two passenger stations? Also, in view of the Government’s dangerous proposals to politicise our police forces through elected police commissioners, what changes are envisaged for the British Transport Police?
My Lords, this issue is primarily a responsibility of the UKBA, not the British Transport Police. However, if those police saw a child at St Pancras or at any other station who appeared to be vulnerable in any way, but particularly to trafficking, it would obviously be their duty to do something about it and to refer the child to the local authorities.
(13 years, 9 months ago)
Lords ChamberMy Lords, the noble Lord asked about the situation with academic institutions. The answer is that they are not yet convinced of our good intentions. The UK’s education system is world-renowned. We remain the second most popular destination of choice, second only to the United States; and we intend to maintain that position. Post-study work is an important component of that.
My Lords, the noble Earl says that universities are not yet convinced. Surely the reason is that universities have done the analysis and looked at the consultation, and it is abundantly clear to them that under the Government’s proposals, many of them will be severely harmed financially. Today, the noble Earl’s department announced a climbdown on the immigration cap. When can we look forward to a climbdown on the student immigration consultation?
My Lords, we will not climb down on our intention to avoid the abuse of the student route. We want to maintain the UK as a world-class academic destination, but we are not prepared to tolerate abuses of the system, which, as the noble Lord knows very well, take place.
(13 years, 9 months ago)
Lords Chamber
To ask Her Majesty’s Government what will be the impact on universities of the proposed changes to the student immigration system.
My Lords, a consultation on the student immigration system closed on 31 January. It sought the views of all respondents on the effect of the proposals. The results of the consultation, and an impact assessment, will be published in due course.
My Lords, I am grateful to the noble Earl. Last week, the noble Lord, Lord Green, who is Trade Minister, spoke warmly of the role of British educational institutions as export earners. Why is the noble Earl's department undermining that by proposing to cut the number of international students coming to the United Kingdom? Does he understand that this will have a devastating impact on the finances of many of our universities and will do enormous damage to UK interests?
My Lords, we are clear that we are not targeting genuine students at universities. The measures that we propose will ensure that the system is more selective for the brightest and the best. We will protect the areas that pose the least risk, including the universities sector, target the areas where risk of abuse is highest and ensure that genuine students will still be able to study at our world-renowned universities. The noble Lord is quite right to raise the issue. International students are vital for our trade position and for our soft power position.
(13 years, 9 months ago)
Lords ChamberMy Lords, I think that the right reverend Prelate was referring to the process of removal. A few weeks ago, I visited the UK Border Agency’s training for the removal process. I am satisfied that the training was up to standard.
My Lords, this issue is an example of the many responsibilities being placed on the UK Border Agency in conjunction with the National Health Service. Is the Minister satisfied that the UKBA will continue to focus on and give priority to these matters, given the 20 per cent cut in its budget and the reduction in its staff by 5,000? Is it not a question of cutting too fast and too deep?
(13 years, 9 months ago)
Grand CommitteeMy Lords, the order concerns the charging for visa, immigration and nationality services and will enable the UK Border Agency to specify applications, processes and services for which it intends to set a fee. I thank all noble Lords who will take part in this debate. Specific fee levels will be set in separate legislation—using the affirmative procedure—that will be brought before the House in due course. Noble Lords will have the opportunity to ask searching questions about the level of fees in that debate.
In accordance with our legal powers, the order will carry forward our existing powers in the Immigration and Nationality (Fees) Order 2007 and set out the new provisions for which we intend to charge fees in future. The order will also transfer powers currently set out in the Consular Fees Order 2010 from Foreign and Commonwealth Office legislation to Home Office legislation so that all visa, immigration and nationality fees are handled in the same place. This will improve intelligibility for all customers, practitioners and corporate partners and will help address concerns raised previously in this House about the need for consolidation of such powers.
The order will allow us to charge fees in support of new services. For nationality applications, this includes the registration as British citizens, under amendments to Sections 1(3A) and 4D of the British Nationality Act 1981, of children born to foreign or Commonwealth parents who are serving as members of the Armed Forces. Previously, children born overseas to a foreign or Commonwealth parent serving outside the UK as a member of the Armed Forces had to wait until their return to the UK before they could acquire British citizenship. The order will also apply to those children born to a foreign or Commonwealth parent serving the UK Armed Forces who register as British citizens. As children born in the UK to a parent who is serving in the Armed Forces automatically become British citizens, both these changes will provide equality of treatment to the children of foreign or Commonwealth personnel irrespective of when or where they are born. The changes also represent action by the UK Border Agency on its commitment to enhance the immigration and nationality rights of Armed Forces personnel and their families.
The order will also provide a power to charge for requests for endorsements to amend the personal details on a previously issued national certificate.
In addition, some people are entitled to hold the status of British protected person through their connection with a former British protectorate, protected state, mandated territory or trust territory. Although this status can no longer be obtained automatically, people can apply for this sort of British nationality if they meet the appropriate criteria.
Students who were granted leave under tier 4 of the points-based system between 31 March 2009 and 4 October 2009 are currently required to advise the UK Border Agency when they are seeking to change their educational institution. Other tier 4 migrants apply and pay a fee to cover the cost of making such a change to the terms of their leave. We think that it is right that all students are treated equally in paying this fee. The order will provide that consistency.
The order will also allow us to charge a fee for highly trusted sponsor status at a level independent of the standard licence fee. This is an optional service for sponsors of tier 4 students under the points-based system. Currently, we charge the relevant sponsorship licence fee for such services. As we continue to develop service propositions for these sponsors, we believe that it is sensible to separate these provisions to ensure that we can set fees—subject to future parliamentary approval through the affirmative resolution procedure on the specific amounts—that better reflect the nature of the services provided.
Our power to charge fees for visa, immigration and nationality applications, processes and services is currently derived from the Immigration and Nationality (Fees) Order 2007.
The 2007 order has been amended twice since it came into force. Moving forward, however, to ensure that there is only one fees order in place under Section 51 of the Immigration, Asylum and Nationality Act 2006, we are consolidating the 2007 order and its amendment into this order. That will improve the intelligibility of our powers, as I mentioned earlier.
We will continue to ensure that fees for immigration and nationality demonstrate that the UK is open for business and retains its position as an attractive destination. We welcome the economic, cultural and social contribution made by legal migrants to the UK. As I said, we will return to Parliament in due course to debate further regulations under the affirmative procedure specifying the fee levels that rely on the powers in Section 51 of the Immigration, Asylum and Nationality Act 2006 and additional powers in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, as amended.
The order provides a basis for the sustainable immigration system that noble Lords all want and I commend it to the Committee.
My Lords, I am sure that the Committee is grateful to the noble Earl for his clear introduction to the Immigration and Nationality (Fees) Order 2011. As he explained, the draft order enables the Secretary of State to set fees for applications related to immigration or nationality and to charge for the provision of services or processes related to immigration or nationality. Once this draft order comes into force, the Secretary of State will be able to make regulations setting out the relevant fees and charges.
That is fair enough. But what lies behind this seemingly reasonable approach is the immigration policy of the Government, which is causing serious concerns and can best be described as a complete shambles. The fact is that the Labour Government’s points-based system would have been a far more effective means of controlling non-EU migration rather than an arbitrary and inflexible cap. It is clear that the Government’s cap policy was not thought through properly. It certainly did not get the scrutiny that it deserved. Not only will it do little to control immigration, it is clear that the Prime Minister's flagship election promise to bring net immigration down to the tens of thousands has now been watered down from a firm pledge to just an aim.
Only an hour or two ago, the House passed the Budget Responsibility and National Audit Bill. It is worth referring to the comments of the Office for Budget Responsibility in November. It said that the Government’s immigration cap will make no difference to net immigration levels:
“The interim OBR’s June Budget estimates of trend growth estimates were based on an average net inward migration assumption of 140,000 per annum … Since June, the Government has announced a limit of 21,700 for non-EU migrants coming into the UK under the skilled and highly skilled routes from April 2011, a reduction of 6,300 on 2009 … At this stage, we judge that there is insufficient reason to change our average net migration assumption of 140,000 per year from 2010, which remains well below the net inflows of 198,000 seen in 2009”.
However frail the Government’s migration policy is, it is inescapable that enormous pressure is to be put on the UK Border Agency by the reduction in its budget of up to 20 per cent in real terms over the next four years. That feeds through into a reduction in staff of around 5,200. Cutting the number of border officers and staff by such an amount raises questions about the effective security of our borders. We seem to be seeing the noble Earl’s department desperately scrambling around trying to raise money through the use of the order. How much, it is impossible to say, as no details are given in the order or the Explanatory Memorandum and no impact assessment has been made. My understanding is that the reason for that is that the information will be made available alongside the regulations made in reliance upon this instrument. However, it is at least likely that the Home Office must have some indicative intent as to what income the fees will be expected to raise and I would be grateful if the noble Earl would inform the Committee of any details that he may have.
I would also like to follow on from the previous debate on the misuse of drugs by asking about consultation. We are informed that a full consultation was undertaken in September to December 2009, with a low response rate and support for a flexible fee policy. Has there been any further consultation since that took place?
My Lords, I thank all noble Lords for their considered response this afternoon.
The order concerns itself with the ability to set the fees. The noble Lord, Lord Hunt, used somewhat flamboyant language to describe our current immigration policy. Clearly we shall have to look forward to our discussions in the coming months, when he can table suitable Motions and Questions to explore his concerns further. However, I understand them; I am listening to similar concerns being expressed right around the House, and I will discuss these issues with my honourable friend Mr Damian Green tomorrow. I will use a lot of the noble Lord’s speech, when I read it in Hansard tomorrow, as my starting point. We can also look forward to the Oral Question on immigration next week; I am sure that the noble Lord is. There will be plenty of time to discuss all the issues in the detail that we want.
The level of fees will be set by further orders. Where the fees are above the level required for cost recovery, there has to be an affirmative procedure. Where the fees are lower than necessary for cost recovery, there will be the negative order procedure, but we intend to make sure that we can discuss all the fee levels together.
Some 2.5 million people are looking for work, many of whom have key skills to offer employers. There is more reason now than ever to limit economic migration. We are fully aware that we will not meet our target of reducing net migration to the tens of thousands by looking at economic routes alone, so we are looking at all the main immigration routes. We will also consult on changes to the marriage route and entitlement to settle in the UK, to make settlement a less automatic prospect.
I was asked how we decided the level of the limit. The MAC recommended a reduction of 6,300 visas in 2011-12, which we accepted. Applying that reduction to our 2009 baseline of 50,000 tier 1 and tier 2 visas results in an overall limit for 2011-12 of 43,700. However, the 2009 baseline includes 22,000 ICTs. As they have been exempted and need to be excluded from the baseline, that gives an overall limit of 21,700.
The noble Lord, Lord Hunt, asked what additional consultation had taken place since 2009. The UK Border Agency published results of the last full consultation on fees in January 2010. That consultation established the principle that the agency should charge flexibly to take into account wider policy aims, and 90 per cent agreed. Since then, we have engaged with the task forces representing the Armed Forces, education, employment, arts and the entertainment sectors.
The noble Lord also asked about the impact assessment and specific fee levels. We expect to raise £829 million from fee income in 2011-12, but that is only 36 per cent of the UK Border Agency costs. The noble Baroness, Lady Hamwee, touched on whether the fees covered all the UK Border Agency’s costs; clearly, they do not. We will publish a full impact assessment when we lay the subsequent fee regulations, which will be brought before the House through the affirmative resolution procedure.
The noble Lord, Lord Hunt, mentioned much of our immigration policy. The Government believe that Britain can benefit from migration but not uncontrolled migration, which places unacceptable pressure on public services. We can reduce net migration without damaging our economy. We can increase the number of high-value migrants—the entrepreneurs, the investors, the research scientists—at the same time as we reduce the total number of people coming into Britain through economic routes.
The noble Lord asked broadly what the UK Border Agency is doing to ensure that the effect of any increase is minimised. The agency has committed to cutting its budget by up to 20 per cent in real terms over the next four years. That is the economic situation that we are in; that is the reality. The UK Border Agency is cutting overheads by more than a third over the spending review period. The agency will save around £500 million in efficiencies by reducing support costs, boosting productivity and improving value for money from commercial suppliers. The agency is determined to ensure that applicants pay more of the costs of running the agency, with taxpayers paying less. That will ensure that we can continue to provide the excellent service that noble Lords would wish.
The noble Lord, Lord Hunt, asked about the definition of front-line services. We will provide a written response to that as soon as possible. I apologise for the delay in providing that information, but I will personally look into this with the Home Office.
The noble Baroness, Lady Hamwee, asked about the Armed Forces nationality fee. It is fair that, rather than the taxpayer, those seeking a benefit from the application should meet the costs of the consideration. A person or their parent makes a choice on whether they wish to register as a British citizen, so they accept that it involves the payment of a fee. Enabling a choice to be made also ensures that the person can make decisions regarding any other nationality that they may hold.
The noble Baroness also asked about the possibility of pricing out students. We remain committed to maintaining the UK as an attractive destination for work, for study, to visit or for cultural visits. We recognise that migrants make a valuable contribution to the wider British economy and continually monitor our fees to ensure that they remain competitive with similar endorsement types offered in other countries. We believe that our fees remain competitive, particularly when one considers them alongside the entitlements which are offered to successful applicants. We also need to ensure that the charging system is fair to those who use the system and fair to the UK taxpayer, who will continue to support the immigration system that brings benefits and enrichments to this country. The fees that we charge are neither designed nor expected to deter migrants from choosing to come to the UK.
We will return to Parliament in March with regulations under the affirmative procedure to ask for approval of the regulations that will detail the fee levels for the visa immigration and nationality services covered by this order. The Committee should be assured that the brightest and the best will continue to be welcome in the UK, as will those who seek to come here to visit or to invest.
My Lords, I wonder whether I could just come back to the noble Earl on one or two points. First, I thank him for the comprehensive response that he gave to both me and the noble Baroness but I do have two points.
On the brightest and the best, I very much appreciate the noble Earl’s willingness to share some of these points with Mr Damian Green, the Minister responsible. My concern about students is one that comes from very reputable educational institutions—not the bogus institutions which we have debated and on which I think that a great deal of action has already taken place. These are respected institutions that have overseas students who make a huge contribution to the life and the finances of our higher education institutes and who go back to their own countries. They are also very helpful in future relationships between the UK and other countries.
The noble Earl knows that my background is in the health service, on which I refer noble Lords to the register of interests. However, if one thinks about the doctors who have trained here, for example, while I know that this is a slightly different issue from the more general one of students from other countries, the positive impact that they have on the UK healthcare industry for years to come is immeasurable. That is why we have to be careful about the consultation that is out with UKBA at the moment.
The second issue is that of fairness for those overseas students who are currently here and who will be impacted by the restriction on work. A crucial part of the experience for overseas students when they come here is that they are able to do some post-student work. Is the noble Earl prepared to look into this matter? I know we have Oral Questions next week, but these matters relating to work are being pursued by myself and by the noble Lord, Lord Clement-Jones, with a genuine concern about the impact that this will have on the UK and on our universities in particular.
The Minister very kindly responded to the points I raised about consultation. He is to bring forward orders later on with the proposed fee changes. Will the proposed fees in those orders have gone through some consultative procedure? It would be helpful to get an answer to that.
My Lords, on the first point raised by the noble Lord, I agree with nearly everything that is said about the background to his concern; he is clearly right. I say “nearly everything” just in case he said something with which I cannot agree, but everything he said makes sense. He talked about post-student work, if I may put it that way. The problem is that some students have abused it and ruined it for others. We need to work out how we can get all the benefits of overseas students not only for ourselves but for the rest of the world while avoiding some of the problems.
I understand that, but the point is that we are in a competitive world. I am being told that other countries, such as the US and other European countries, are rubbing their hands with glee at the UKBA consultation because they know that the impact will be that the high-quality people, who would have come to the UK, will go elsewhere. From an economic point of view, that is madness. I am grateful for the tone of the noble Earl’s response, which is very constructive, but we need to be very careful about the signals we are giving to the kind of people we would always want to welcome to our shores.
My Lords, I am grateful for the noble Lord's attitude to me because I am trying to be as helpful as I can and I look forward to drilling down into these issues and getting him the answers that he requires. The noble Lord made the point about the brightest and the best and the concerns of the education sector. We note those concerns and we will respond fully to the responses received on the UKBA students’ consultation. However, it is worth noting that not all students return immediately: 21 per cent of students who entered in 2004 were still here after five years. The noble Lord asked about consultation and my understanding is that there will be consultation internally with Government but not externally. If I am wrong on that I shall write to him. I hope I have answered all of the noble Lord's concerns.
(13 years, 9 months ago)
Grand CommitteeMy Lords, I beg to move that the Committee considers the draft Misuse of Drugs Act 1971 (Amendment) Order 2011, which was laid before Parliament on 10 January. If it is made, this order in council will bring two new drugs, tapentadol and amineptine, under the control of the 1971 Act and clarify the legislation on mephedrone. Tapentadol is a recently developed, centrally acting analgesic or painkiller, which is likely to be marketed in the UK in the near future following licensing by the Medicines and Healthcare Products Regulatory Agency, or MHRA.
The effects and risks associated with tapentadol are similar to those of other opioid analgesics, including hydromorphone and morphine, which are both controlled as class A drugs under the 1971 Act. Tapentadol presents a risk of addiction, diversion from legitimate sources and potential medicinal misuse. The risks associated with an overdose of tapentadol are constriction of the pupils, vomiting, loss of consciousness, seizures, difficulty in breathing and a risk of serious complications likely to lead to death.
Amineptine, on the other hand, is a powerful and fast acting antidepressant whose misuse has been reported mainly in Asia and Europe. In 2003, the Commission on Narcotic Drugs, on the recommendation of the World Health Organisation, decided to include amineptine in Schedule II to the Convention on Psychotropic Substances of 1971. As a signatory to the 1971 convention, the UK has to schedule amineptine under the 1971 Act to meet its international obligations.
Clinical studies indicate that amineptine has the potential for both dependence and misuse, predominantly in patients with a previous history of substance misuse. The withdrawal symptoms associated with amineptine include anxiety, psychomotor agitation and insomnia. Instances of dependence have been reported in Asia and Europe. The Government have consulted the advisory council as required by statute for both drugs, and in July last year it provided advice on tapentadol and amineptine following consideration of their harms. The advisory council reports that there is no evidence of licit or illicit use of tapentadol or amineptine in the UK. However, it supports the control of both drugs due to the potential harm associated with them. The advisory council also recommends that tapentadol and amineptine are controlled under the Misuse of Drugs Act—in class A and class C respectively—and Schedule 2 to the Misuse of Drugs Regulations 2001. The Government have accepted its recommendations.
The Committee will recollect that mephedrone and other cathinone derivatives—a group of so-called legal highs—were brought under the control of the Misuse of Drugs Act 1971 as class B drugs from 16 April 2010, with cross-party agreement in the final days of the last Parliament. If it is made, the latest Order in Council will also clarify the legislation on mephedrone, subsuming it within the generic definition used to control other cathinone derivatives at the time. Under current drafting, there can be uncertainty surrounding whether Article 2(a) or 2(b) of the 2010 order amending the 1971 Act is applicable to a given sample when preparing a charge for offences relating to mephedrone. The amendment will remove that uncertainty and ensure clarity and consistency for prosecutors, enabling all charges for the possession, supply and production of mephedrone to be prepared under the generic definition in paragraph 1(aa) of the 1971 Act.
This Order in Council, if it is made, will ensure that while honouring its obligations as a signatory to the 1971 UN convention, the UK will also be taking precautionary measures, based on the assessment of harms and the potential for misuse highlighted by the advisory council, by controlling tapentadol and amineptine under the 1971 Act.
There will be no designation order in the case of the two new drugs we seek to control through this Order in Council, as both drugs have legitimate medicinal uses. However, it is intended to make two further related statutory instruments which will be subject to the negative resolution procedure. The misuse of drugs designation amendment order 2011 will amend the Misuse of Drugs (Designation) Order 2001, subsuming mephedrone within the generic definition in the order. The misuse of drugs amendment regulations 2011 will similarly amend the Misuse of Drugs Regulations 2001, bringing mephedrone within the generic definition in the 2001 regulations and including tapentadol and amineptine in Schedule 2 to the 2001 regulations. Those instruments will be laid so as to come into force at the same time as the Order in Council, if it comes into force as proposed.
The Government will publicise the approved law changes on tapentadol and amineptine and the clarification of the legislation on mephedrone through a Home Office circular.
My Lords, I am sure we are all grateful to the noble Earl for his remarks in introducing this order. The scientific evidence and advice on which the Government have acted is very clear and I welcome the Government’s action. The first two provisions in the order follow advice from the Advisory Council on the Misuse of Drugs. A letter about tapentadol from Professor Les Iversen of the Advisory Council on the Misuse of Drugs in July 2010 concludes that the abuse liability of the drug would be substantial and has the potential to cause social harm through diversion and addiction. Measures for amineptine were also on the recommendation of the advisory committee, which supports that drug being controlled under the Misuse of Drugs Act 1971.
The Explanatory Memorandum discloses that no consultation has taken place on this and that the Minister’s department has concluded that it is not necessary or beneficial so to do. The noble Earl will be aware that the Merits Select Committee has suggested that this Committee should satisfy itself that the review processes for the changes are sufficiently robust. I invite the noble Earl to respond to that comment of the Merits Select Committee.
In relation to these first two drugs, I take this opportunity to thank Professor Iversen and his advisory committee for the extremely valuable work that they do. The Minister has also explained that the changes in the draft order about mephedrone will not affect its classification. It is, and will remain, a class B controlled drug. The proposed clarification is simply a technical change in the legislation to make it more straightforward for prosecuting authorities to prepare charges. That seems extremely sensible and the Official Opposition are glad to support the proposal.
It is only a few months ago that mephedrone was brought under the control of the Misuse of Drugs Act 1971 as a class B drug. As has been explained, the paperwork accompanying the order makes it very clear that these drugs are harmful and dangerous and, in addition to legislative controls, a series of actions is required going beyond law enforcement and embracing prevention, public health and education. I would be grateful if the noble Earl could say something about what progress has been made on these fronts since the drug received the classification last April.
I would also like to ask the Minister about the impact of the proposed changes to the National Health Service on public health programmes in relation to this and other drugs. In so doing, I should refer to my declaration of a number of interests of mine in healthcare, declared in the House of Lords register of interests.
I understand that many useful public health programmes in relation to drugs are organised and funded locally by primary care trusts. The noble Earl will be aware that, under legislation now in the other place, primary care trusts are due to be abolished, with most of their public health functions being transferred to local authorities, alongside ring-fenced funding. Perhaps the noble Earl—if not today, but in writing—can assure me that his department will work very closely with the Department of Health and CLG to ensure that the budgets for drug prevention work, which are currently held locally, will be protected and that local authorities will be strongly encouraged to be proactive in that area.
I, too, am happy to support this order. I would like to follow up the questions asked by the noble Lord, Lord Hunt of Kings Heath, on consultation. The Merits of Statutory Instruments Committee referred in its report to amineptine having been dealt with by the Commission on Narcotic Drugs as long ago as 2003. That is quite startling. I am sure that the noble Earl will have been briefed as to the reason for the delay.
I also want to ask about the reference in the Explanatory Memorandum to consultation not being necessary. One might say that it is or is not, but at least one would understand it. I simply do not understand why consultation may not be “beneficial”, which is the term used in paragraph 8.1 of the Explanatory Memorandum. When is consultation not beneficial? I hope that the noble Earl can find an answer to that perhaps more philosophical question.
My Lords, I never said that the consultation would not be beneficial. I said that it would be beneficial, but that the impact assessment—to which I think my noble friend referred—or the Explanatory Memorandum said that it would not be necessary. It was not necessary or beneficial because of the ACMD process, the activities of the MRHA and consultation with the manufacturer.
I did not answer her question about why it has taken so long for the UK to control amineptine when it was scheduled under the UN convention. Amineptine came to light following an audit carried out to ensure that the UK was fulfilling its international obligations. As soon as this came to light, the Government consulted the ACMD, as required under the Misuse of Drugs Act 1971, and, following its advice, have moved swiftly to bring amineptine on to the 1971 Act. However, at no time during this period were the public exposed to any risks from this drug, as amineptine has never been available or licensed in the UK. The ACMD has confirmed that there was no evidence of illicit use of amineptine in the UK. I hope that that answers my noble friend’s questions.
My Lords, as regards consultation, the noble Earl, Lord Attlee, has been helpful. I think he is saying that the advisory committee and the MHRA have gone through their own public consultation procedures and that therefore it is not necessary to do so again. Perhaps he could confirm that. In an otherwise very clear Explanatory Memorandum, it would have been helpful if that point had been raised.
I am obliged to the noble Lord, Lord Hunt of Kings Heath. He is absolutely right.
(13 years, 11 months ago)
Lords ChamberMy Lords, perhaps I may help the House. We are debating whether we should consider the Commons reason. We are not yet debating the Commons reason. If the noble Lord opposite wants to take advantage of our procedure, he is able to do so, but I hope that he will not speak at great length.
My Lords, I am in the hands of the House. I want to debate the issue, as this amendment has been returned from the Commons, but if the House would prefer the noble Baroness to move her Motion first, I can resume speaking afterwards. Clearly that would be helpful.
My Lords, I wish to move that the House do adjourn to allow the noble Baroness the Minister to seek further advice so that the House may be allowed to hear the response that she should have given to noble Lords following her commitment on Report. I should like to move that further consideration of Motion A be adjourned.
My Lords, I strongly oppose the question that the House do now adjourn. We need to determine this matter now.
(14 years ago)
Lords ChamberMy Lords, we will provide a full and normal visa service when the situation in Iraq allows it. It is obviously in our interests to do so. The noble Lord talked about the Germans. Following an expansion of German visa facilities in Iraq, suicide car bombers targeted the German embassy in Baghdad in April this year, killing a security guard. We will not take any unnecessary or avoidable risks with our personnel, whether UK or foreign.
My Lords, this is a problem that does not apply just to Iraq but throughout the Middle East, including Libya. Can the noble Earl say a little more about his department’s approach as it applies to other countries in the Middle East?
My Lords, unfortunately not. I am briefed about the problems in Iraq, not the rest of the Middle East.
My Lords, I thought someone would make this point. It is because of our comprehensive regulations that we do not have the situation seen in overseas countries, where roads are littered with advertisements. We have an effective system.
My Lords, does this comprehensive regulation cover the large number of Conservative Party posters we saw alongside motorways at the last election?
My Lords, the regulations are so comprehensive that they make specific provision for advertisements connected with general elections.