Infected Blood Inquiry Update

Kevin Foster Excerpts

Wednesday 19th April 2023 Commons Chamber

[Jeremy Quin]

One of the worst of the many dreadful aspects of the scandal is the stigma to which the hon. Lady refers. For a child to go through the circumstances of parents being extremely ill and worried about the stigma and moving house, school or work, is deeply shocking to read now, and in many cases we are 20, 30, or 40 years on from the circumstances. These people went through absolute hell, with the stigma laid on top of dreadful circumstances. I am grateful to the hon. Lady for reminding us of that. I am afraid that I am not in a position to make piecemeal comments on Sir Brian’s recommendation. As I have said, it was vital that he produced the report—a comprehensive report that we need to go through thoroughly, and it is important that we produce our response in due course when we have had a chance to do so.

[Kevin Foster (Torbay) (Con)]

The length of the scandal can be summed up by the fact that my predecessor spent 18 years pursuing cases, and I have spent the last eight years pursuing the same cases, to try to bring them to resolution. The Minister rightly says that there is work to be done following the recommendations, but what timescale has he set to prepare a response? What work has been done to prepare for the potential recruitment of people to deal with cases via the structure proposed? I know from experience with another complex compensation scheme stretching over decades that that is far easier said than done.

[Jeremy Quin]

My hon. Friend raises a good point. Work was undertaken prior to the release of the second interim report, based on Sir Robert’s original study, which helps us considerably. We are now working at pace to go through the changes and what the Government’s stance will be overall. I will not say the timeline for that, but we are working at pace.

My hon. Friend raises a good point about recruitment: if an arm’s length body is the way forward, no time should be lost in finding a route for good people with expertise to be brought into the process prior to the formal establishment of an ALB, if that is the route we go down.

Oral Answers to Questions

Kevin Foster Excerpts

Wednesday 29th March 2023 Commons Chamber

[Robbie Moore (Keighley) (Con)]

2. What recent assessment he has made of the strength of the Union.

[Kevin Foster (Torbay) (Con)]

3. Whether he has made a recent assessment of public support for the Union in Scotland.

[Scott Benton (Blackpool South) (Con)]

9. What recent assessment he has made of the strength of the Union.

--- Later in debate ---

[Mr Jack]

My hon. Friend is absolutely right, and I would call on the new First Minister to seize this opportunity to do things differently. Rather than confrontation, let us have collaboration for a change.

[Kevin Foster]

I am delighted to hear the Secretary of State’s assessment. Does he agree that growing support for the Union shows that people across Scotland are seeing the advantages of working together as we face challenges such as the war in Ukraine and the cost of living crisis, rather than following the separatists’ path of division?

[Mr Jack]

Indeed. As we have seen with freeports, as we will see with investment zones and as we have seen with city and region growth deals, when we work together, we are truly better together.

Afghan Resettlement Update

Kevin Foster Excerpts

Tuesday 28th March 2023 Commons Chamber

[Johnny Mercer]

I respectfully say to the hon. Gentleman that he has no idea of the depth of feeling of people like me for what has happened in Afghanistan. Some people have turned down offers of accommodation—that is a fact. No, it is not the majority, but it is a fact that some have. I spend a lot of my time with the Afghan community now, and I entirely recognise their feelings. I have one of them who I got out of Kabul, and who now works with me in Plymouth and lives there, so I fully recognise that. We have to deal with the situation as we now find it.

This Prime Minister has come into office. He very clearly recognises the duty we have to these people, so whatever has happened before, we are going to create these pathways and give them every opportunity to relocate and reintegrate into UK society. I look forward to the whole House helping us as we complete that endeavour.

[Kevin Foster (Torbay) (Con)]

I welcome the fact that my right hon. Friend is now dealing with this issue from the Cabinet Office. Having seen at quite close hand the co-ordinated cross-Government effort that delivered Operation Pitting, it is now necessary to do exactly the same to resolve the issue of bridging hotels.

My right hon. Friend will know from my conversations with him that I do think there was a chunk of naivety about how much housing would come forward in the latter part of September 2021. It is clearly now necessary to bring to an end the use of hotels: no family should have a hotel as their home for the long term. However, can he reassure me about what plans he has with local government? Some communities, including his own in Plymouth and communities such as Glasgow, have been extremely welcoming in stepping forward, but others have not. What challenge is he putting to those who have not? How does he see this working as part of a co-ordinated programme, and how will he ensure that this does not result in people turning up at the local housing office to try to get accommodation under the public funds they have access to?

[Johnny Mercer]

That is a fair set of questions from my hon. Friend, and I pay tribute to him for his work in this area previously. Part of this is trying to create the environment where local authorities want to come forward. There will be a part that talks about increased funding. It was £21,000 per family settled over three years prior to today. That increases by £7,000 today. We are going to do everything we can to incentivise families. We recognise that this is a national commitment, but in London we can only do so much. We need to tap into the national feelings that we felt about Afghanistan when the collapse happened, to welcome these people into our communities and to make them a strong part of the United Kingdom.

Independent Public Advocate

Kevin Foster Excerpts

Wednesday 1st March 2023 Commons Chamber

[Dominic Raab]

To be clear, on the right of initiative, which I know the right hon. Member for Garston and Halewood (Maria Eagle) has raised and included in her Bill, there could be different views as to its shape or scope, so that is something the Government will ultimately have the last word on. Frankly, what the hon. Gentleman said about the IPA not being independent is wholly wrong. We ought to be clear that, from the point of establishment in relation to a tragedy, the IPA will be wholly and entirely independent to serve the victims, the bereaved and the survivors, and only them. I could not be clearer on the subject.

[Kevin Foster (Torbay) (Con)]

A lot of the statement is welcome and will hopefully rebalance the position for families and victims, not least since they have had the unedifying experience of facing phalanxes of lawyers, knowing they were being paid for by their own taxes and by public funds to sometimes cover up the impact on their relatives. However, I do not find myself particularly persuaded on the points made by the Secretary of State around the compulsion of evidence, which strikes me as something that needs to be part of this. In his preparation work, which he referred to, what timeline has he set for this institution being up and ready, pending the legislation coming through the House?

[Dominic Raab]

My hon. Friend makes a good point. The policy work is quite far developed, but of course we have not foreclosed options so that we can have maximum transparency and proper engagement. I will need to identify the right legislative vehicle and it will then take as long as the House takes to enact it, but I hope to say more on the legislative vehicle shortly.

Northern Ireland Protocol

Kevin Foster Excerpts

Monday 27th February 2023 Commons Chamber

[The Prime Minister]

No. It is that approach—talking about it in the hon. Lady’s terms—that creates the uncertainty. It is a perfectly reasonable thing for the United Kingdom to re-examine all the retained EU law that we inherited and decide which bits are for us to keep, which bits are worth scrapping, and which bits are worth amending. That is entirely the appropriate course of action for a sovereign nation, and in doing that, we can provide benefits to families, businesses and communities across the United Kingdom. That is what this Government will deliver.

[Kevin Foster (Torbay) (Con)]

Having spent two years at the Home Office working on the plans to implement the Northern Ireland protocol in full if it had been needed, there are some welcome aspects to this agreement, although there are of course other areas that will need to be studied in further detail. The green and red lanes are welcome. One thought that comes to mind is that there is an EU team based at Belfast port—in fact, that team is hosted in a Home Office facility, because it did not have anywhere of its own. What role does he see that team playing, because, as we are aware, there will inevitably be some attempts to abuse the green lane? Who would take the lead on the law enforcement approach to that, and decide whether that sort of action is taken, to ensure that this is about responding to genuine concerns and that it does not become a way, as we have seen at other borders with the EU, to put checks in place that we would feel were an undue burden?

[The Prime Minister]

My hon. Friend makes an excellent point from his experience as a Home Office Minister. He is absolutely right that we need to enforce these lanes; that is the assurance that we have rightly provided, and that is why we have those facilities there. What I can say to him is that there are not any routine checks as goods move from GB to NI. Any checks that there are will be because we have reason to suspect smuggling or other criminality, based on intelligence or other risk analysis. That is why we will be intervening, but those checks will not be routine: they will be risk and intelligence based, to deal with exactly the problem that my hon. Friend has highlighted. If we are going to have a functioning green lane, it is right that we enforce that properly.

Oral Answers to Questions

Kevin Foster Excerpts

Wednesday 18th January 2023 Commons Chamber

[Mr Speaker]

Order. I call Kevin Foster.

[Kevin Foster (Torbay) (Con)]

Direct train services between south Wales and Devon are a key part of our rail infrastructure, yet most are operated using older, less reliable rolling stock. What prospect does the Secretary of State see for getting new, more modern trains operating on these routes?

[David T. C. Davies]

I am pleased to be able to tell my hon. Friend that more modern stock is being rolled out on those particular routes, so he will be able to benefit from more comfortable carriages that will also emit less carbon and be better for the environment.

Oral Answers to Questions

Kevin Foster Excerpts

Wednesday 16th November 2022 Commons Chamber

[Mr Jack]

My hon. Friend is absolutely right. As I have just said to the hon. Member for Glasgow Central (Alison Thewliss), the extra funding from Barnett consequentials that is going to the Scottish Government this year from the household support fund is £82 million; it was £41 million last year. The council tax rebate in England has generated another £296 million that is going to the Scottish Government.

[Kevin Foster (Torbay) (Con)]

In my right hon. Friend’s assessment, did he reflect on what the impact on the Scottish block grant would be if hon. Members on the separatist Benches achieved their ambition of breaking up our United Kingdom?

[Mr Jack]

My hon. Friend makes a very good point. Scotland is the best-funded part of Great Britain, and there is a Union dividend there of £2,000 per man, woman and child.

--- Later in debate ---

[The Deputy Prime Minister]

We are very sympathetic to the challenges that all our schools face. More will be said about specific measures tomorrow, but the hon. Lady should stand assured that we are the top spenders as a percentage of GDP on primary and secondary education in the G7, and that standards, which matter to pupils and parents the most, have increased, with the proportion of schools rated good or outstanding up from 68% in 2010 to 87% today.

[Kevin Foster (Torbay) (Con)]

Q11. The Deputy Prime Minister will be aware of the opportunities but also the challenges that face Torbay’s tourism and hospitality sector, including increased energy costs and the impact of business rates. What consideration is he giving to the situation of Torbay’s iconic industry and further measures to support it?

[The Deputy Prime Minister]

My hon. Friend is a fantastic champion for Torbay. The Chancellor will make a statement tomorrow and I cannot speculate on the spending decisions, but my hon. Friend will have noticed already the tourism recovery plan, which will help recovery from the pandemic and is also part of the wider levelling-up agenda.

Oral Answers to Questions

Kevin Foster Excerpts

Wednesday 2nd November 2022 Commons Chamber

[Graham Stuart]

I thank my right hon. Friend for his excellent question. As he will doubtless be aware, we are working across Government—as represented here today; people can see just how cross-Government our efforts are. The Climate Action Implementation Committee, which met only a couple of weeks ago and on which I and multiple Ministers sit, is very much driving forward reviewing our carbon budgets and ensuring that we have the policies to stay on track.

[Kevin Foster (Torbay) (Con)]

In his discussions with other Cabinet members, did my right hon. Friend reflect on the contribution new nuclear projects, such as Hinkley Point C, can make to the delivery of the net zero strategy and how the objections of some to those types of projects mean we simply end up emitting more carbon?

[Graham Stuart]

My hon. Friend is absolutely right. It is bizarre that those who claim to be green oppose the green baseload that is provided from nuclear. Of course, if we take the separatist party over there, with an aspiration of 100% renewables, that is reliant upon the baseload nuclear provides from England. It is not green to oppose nuclear. That is why we have set a 24 GW target and that is why we are committed to it, and the jobs and the technology that are associated with it.

Oral Answers to Questions

Kevin Foster Excerpts

Thursday 27th October 2022 Commons Chamber

[Brendan Clarke-Smith]

We currently have around 43,570 civil servants working in the south-west and, when I checked this morning, around 755 jobs are being advertised there. I can certainly reassure the hon. Gentleman that Plymouth is well represented in the Cabinet Office now.

[Kevin Foster (Torbay) (Con)]

It is always good to hear that the town of my birth is well represented in any Department. The Minister will be aware that moving civil service jobs into coastal communities, particularly into our town centres, can help to kick-start regeneration. What plans does he have to look at doing that in Torbay?

[Brendan Clarke-Smith]

Of course, my hon. Friend is right: this Government are committed to levelling up not just in the north of England, but across the whole country, ensuring that everybody has opportunity wherever they are. That is why we are ensuring that we create jobs and opportunity everywhere in the country, including in constituencies such as his.

Non-UK Armed Forces Personnel: Immigration Requirements

Kevin Foster Excerpts

Wednesday 5th January 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I note your instruction to make sure there is at least three minutes left at the end for the hon. Member for Barnsley Central (Dan Jarvis). I thank him for securing the debate, and I thank all Members for their contributions. Although there may not have been a large quantity of contributions, there was certainly quality in the speeches that were made. It is good for us again to have an opportunity to discuss this issue.

The Government strongly value every member of our outstanding armed forces, and we are grateful and humbled when non-UK nationals choose to serve our country. It is right that they are rewarded for their bravery and commitment, which is why there are already several measures in place to support them both during and after their service, which I will outline in a few moments. I will briefly touch on some of the cases that have been mentioned. I hope Members will appreciate why I will not go into individual immigration records in a public forum, but in relation to the eight Fijian veterans, I can confirm that we have engaged directly with their legal representatives and they have all now regularised their immigration status here in the United Kingdom.

I will also say—this is a message that I give out regularly in relation to the settlement scheme for European economic area nationals who may have missed the deadline of 30 June last year—that if an armed forces veteran who is currently in the UK does not have regular immigration status, we genuinely encourage them to get in touch with the Home Office today. If they do not want to get in touch with us directly—if they have concerns about doing that—then I am sure that I speak for everyone present when I say that they can get in touch with their local Member of Parliament and ask them to get in touch with us.

Unless someone has committed serious or persistent criminal offences, our focus will be on supporting them to acquire status; we will not default to enforcement action. I hope people will have seen that in the way we dealt with vulnerable EEA nationals who missed the deadline last year. That is the approach that we will look to adopt with an armed forces veteran, unless, as I say, serious or persistent criminal offences have been committed. I am sure colleagues will appreciate why I add that caveat.

It should be noted that special immigration rules already apply to non-UK armed forces personnel, under which, as Members have referenced, they are granted full exemption from immigration control status for the duration of their service to allow them to come and go without restriction. They are free from any requirements to make visa applications or pay any fees while they serve, unlike almost every other category of person coming to work in the UK. On discharge, those who have completed at least four years’ service or have been medically discharged as a result of their service can choose to apply immediately for indefinite leave to remain in the UK. Non-UK armed forces personnel applying for themselves do not have to meet an income requirement, be sponsored by an employer, or meet any of the other requirements regarding skills, knowledge of the English language or knowledge of life in the UK that others applying for certain statuses may be familiar with.

It is worth highlighting not just the issue around immigration status, but the provisions that apply with respect to British citizenship. On completion of five years’ service, Commonwealth citizens can choose to naturalise as British citizens while they are still serving. For clarity, as touched on by the hon. Member for Strangford (Jim Shannon), they can use their time both in the UK and on overseas assignments towards the five-year UK residency criterion—a concession that is not offered to any other employment group. For reasons that will hopefully be obvious to Members present, applying to become a British citizen while serving removes any need to make an application for settlement.

Those provisions sit alongside the specific citizenship provisions for children born to serving armed forces personnel. Again, for clarity, there is a specific carve-out in relation to the rules. Members will be familiar with the concept that if a child is born in the UK and one of their parents is a British citizen or is permanently settled in the UK, they will become a British citizen automatically at birth. That goes further for members of the armed forces: a child born in the UK or qualifying territories acquires British citizenship automatically if, at the time of their birth, their mother or father is a member of the armed forces. It does not need to be both parents; it can be either.

Additionally, any individual born in the UK or qualifying territories on or after 13 January 2010 whose mother or father becomes a member of the armed forces while they are a minor is entitled to register as a British citizen. Finally, a person born outside the UK whose mother or father is a member of the armed forces at the time of their birth can also register as a British citizen. I hope that brings some clarity about the position of children born while someone is serving in the forces.

[Johnny Mercer]

I pay tribute to my hon. Friend, because I know he cares deeply about this issue. I have listened carefully to all the things he has said, but would he not agree that they are extraordinarily small beer for foreign and Commonwealth service personnel? One of the points that was raised was that if they come and serve in the military and they go on deployment to Afghanistan, we will not stop the clock. That is extraordinary. Of course we would never stop the clock—they are serving in the British Army. Would the Minister accept that, while there are small carve-outs for individuals, if we look at the greater picture, they are incredibly small beer? That is why we need to deal with the visa fees issue.

[Kevin Foster]

I would not class the automatic granting of UK nationality as small beer. The provisions I have just read out apply regardless of the nationality of the parent. Both parents can be non-UK nationals, and only one needs to be a serving member of the armed forces for their child born in the UK to automatically become a British citizen. I am struggling to think of any other such provision. The child becomes a citizen at birth, so all they need to do is apply for a passport. They are a British citizen. There is no settlement fee and, obviously, there is no visa fee for someone who is a UK national at birth. That is a large, real impact for children born to members of the armed forces, and it is unlike virtually any other walk of life, where, unless a parent already has indefinite leave to remain or one of the parents is a UK national, their children do not automatically become British. Of course, they may be naturalised later, when the parents naturalise themselves. I would not describe that provision as particularly small beer. It is quite long standing, and it is deliberately generous to children born to service personnel.

Family members of armed forces personnel enter the UK on a five-year limited leave to enter visa, whereas their civilian counterparts, such as those coming in under the family routes, are usually granted a 30-month visa, which they must then renew to complete the qualifying period. The family members of armed forces personnel can apply for settlement straightaway at the end of the five years, saving them the cost of making multiple applications. Again, unlike their civilian counterparts, they can count time overseas on accompanied assignments towards the five-year UK residency criterion.

We have several measures in place to support non-UK armed forces personnel, such as the particularly unique provision regarding their children and British citizenship that I have already touched on. We recognise their contribution and sacrifice and are determined to do more, hence the Home Office and Ministry of Defence ran a joint public consultation last year regarding a policy proposal to waive settlement fees for certain non-UK service personnel in Her Majesty’s armed forces. I was pleased to work on that with my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer). The results of the consultation have now been analysed. The Government will publish our response shortly and make any associated fee changes through fees regulations at the earliest opportunity afterwards. While I am not in a position to confirm the final policy offer, I hope that provides some reassurance that the Government recognise the issue, have sought views from those affected on how best to address it, and will shortly announce our plans to do so.

There has been some focus in the debate on the proposal in the consultation to offer fee waivers to those who have served for a minimum of 12 years. That is in line with a service person’s initial engagement period and takes account of the investment in their skills and training.

[Johnny Mercer]

Will the Minister give way?

[Kevin Foster]

In a moment. I acknowledge the strong representations made in the debate—I suspect I am about to get some more—as well as during the passage of the Nationality and Borders Bill and in response to the consultation, recommending that that threshold should be reduced. As I say, we will publish our response to the consultation shortly, and that will set out the final policy.

[Johnny Mercer]

I have to correct one of those pieces of information on the 12-year engagement point. I know it is not the Minister’s fault, as it comes from the MOD. This is a very recent policy and does not actually apply to anyone who has served for a long time. The idea that someone serves for 12 years is rubbish; they can leave after four or five years. I am afraid that the 12-year engagement point is a huge red herring. We have to be honest in this debate. I know it is definitely not the Home Office’s fault, but the idea that our foreign comrades sign up for 12 years and do not leave is garbage. I repeat that this is not the Minister’s fault at all.

[Kevin Foster]

My hon. Friend makes his point strongly on the record. I will move on to the treatment of family members of non-UK service personnel and particularly whether any fee waivers should apply to them as well as to the principal applicant. As I said, I am not in a position to announce the revised policy, but the consultation did not include proposals to waive fees for family members. Offering fee waivers to family members of non-UK service personnel would put them in a more favourable position than UK nationals serving in the armed forces. While we could debate what the provisions for family members should be, we do not believe it is sensible to have a difference in this area, or for it to be an advantage to serve in the armed forces as a non-UK national rather than as a UK national.

Colleagues will be aware that the minimum income requirement is standard across immigration routes for settled persons wishing to sponsor family members and is mostly set at levels at which people would not generally be eligible for income-related benefits. Most armed forces personnel, regardless of their nationality, are single when they enlist. The salary in all three services once basic training is completed would enable them to sponsor a partner to come to, or remain in, the UK. Where personnel have children who are subject to immigration control, noting the provisions I outlined earlier, we recognise that it may take longer for junior-ranked personnel to meet the higher thresholds that apply. That is why the Home Secretary agrees with the recommendations of the review by my hon. Friend the Member for South West Bedfordshire (Andrew Selous), “Living in our shoes”, published in June 2020, and has committed to a medium-term review of the impact of the minimum income requirement on armed forces personnel and their families.

In previous debates, the issue of Hong Kong Military Service Corps veterans has been raised. It is probably worth putting on the record again what I confirmed during the passage of the Nationality and Borders Bill. We have identified a potential solution to this issue and are currently investigating proposals that could see that cohort treated similarly to other non-UK service personnel with potential links to the former colony. That would be in addition to other pathways that they may already be eligible for, such as the British national overseas visa, which provides a path to settlement. There is considerable work to be done to fully scope the ramifications and impacts of this policy. However, I aim to provide further details to the House later this year.

Let me again offer my thanks to the hon. Member for Barnsley Central for securing this debate. As we have seen today and in the debate last month on the proposed amendment to the Nationality and Borders Bill, this issue rightly arouses strong feelings among individual Members and across the House—understandably so, given that it covers those who have served our nation. The hon. Members present are committed and passionate advocates for this topic, and I commend them and others for raising this hugely important issue. The discussion that we have had today has exposed the significant and understandable strength of feeling that there is about it.

[Johnny Mercer]

Will my hon. Friend take one last intervention?

[Kevin Foster]

Go on, then.

[Johnny Mercer]

I am sorry; I am only making up for the fact that there are not many people here. If we applied the consultation proposal retrospectively to 2020, how many foreign and Commonwealth service personnel would benefit from it, as a percentage? Does my hon. Friend know? I am trying desperately not to catch him out, because I think that we did this work together.

[Kevin Foster]

The Government will publish their response to the consultation shortly.

[Stephanie Peacock]

I can help the Minister out—it is one in 10 Commonwealth veterans. Surely he can accept that these proposals are worthless if that is the case.

[Kevin Foster]

They certainly would not be worthless if they benefited someone. However, in terms of our final response, we hear the strength of opinions on the length of service proposed and the comments that have been made today. I suspect that I will hear even more on this issue in the not-too-distant future, given that later today I am due to meet the hon. Member for Barnsley Central, my hon. Friend the Member for Plymouth, Moor View and representatives of the Royal British Legion, of which I am a member myself, to discuss their concerns further. I look forward to hearing their views, not just on the issue of visa fees but more widely, including on the points that I have just made about any veteran who is here in the UK without regular status. We would urge such veterans to get in touch with the Home Office or, if they do not feel confident about getting in touch with us directly, with their local Member of Parliament.

I am mindful of the time, so I again pay tribute to our armed forces personnel for their tireless work and sacrifice. We know that there is more to be done to support them in this area and I look forward to being able to confirm shortly our next steps to recognise their service. As I say, we know that there is more to be done to support them in this area, and I look forward to being able to give the House more details about how we will do that.