Data Protection Bill [HL]

Debate between Lord Clement-Jones and Earl Attlee

Report: 3rd sitting (Hansard - continued): House of Lords
Wednesday 10th January 2018 Lords Chamber

[Lord Clement-Jones]

My Lords, I hear what the noble Viscount said about the amendment, but the problem is that even the affirmative resolution procedure is not necessarily a good way to test the framework. The noble Lord, Lord Stevenson, was unusually kind about the Government’s framework. As he said, the Secretary of State can produce a framework that applies data protection to his own department; ignore what the Information Commissioner says about the framework; lay his own framework for Parliament through the negative procedure—I take the noble Viscount’s point about the affirmative procedure—which means it is very unlikely to get much scrutiny; and raise barriers against the ICO’s enforcement mechanism. He can then, as part and parcel of the framework, extend or introduce frameworks to include any other public sector body. Frankly, the Secretary of State can pretty much do what he or she wants. We should not be saying that the framework is essentially like a statutory code of practice; it is a very different animal.

This is our first debate on the architecture that the Government have imposed. In Committee the Minister produced a whole raft of amendments introducing the framework and we did not have a chance to scrutinise it properly. The Information Commissioner is not very happy with this architecture either. That is utterly clear. It is not just opposition parties or organisations such as medConfidential that are unhappy. The ICO has stated:

“The Commissioner understands the needs for government departments and public bodies to be clear about the legal basis for undertaking the functions and this is particularly true when processing personal data. However the provisions as drafted appear to go beyond this limited ambition and create different risks that must also be considered. She has made clear her concerns to government and these are set out below”.


I should very much like to hear what sort of dialogue the Government have had with the ICO because, frankly, at the moment they seem to be overriding any powers or involvement that she has in this framework. I am afraid that I am raising the temperature slightly at this time of night, but the framework for government data protection is not in fact data protection at all.

[Earl Attlee (Con)]

To regain some favour with my noble friend the Minister, may I just say a little word about affirmative orders? It is tempting to say that we should have affirmative procedure but, at the end of the day, we will have at some point to debate those affirmative orders, and they keep mounting up. In respect of negative instruments, there is a praying period and we can flag them up for debate and have them debated in the Chamber in exactly the same way as we can an affirmative order.

Statement of Changes in Immigration Rules

Debate between Lord Clement-Jones and Earl Attlee

Wednesday 7th September 2011 Lords Chamber

[Lord Clement-Jones]

My Lords, I should like briefly to add to the comments made by both my noble friends, with whom I am in total agreement. Indeed, I very much welcome today’s debate. I declare an interest as chairman of the Council of the School of Pharmacy, University of London.

It is already very clear through this debate that the process and outcome of the consultation, impact assessment and change in the rules have been grossly unsatisfactory. Although it was rather strange, I suppose that the qualified welcome given by some institutions to the March statement by the Home Secretary and the attendant statement of intent was explained by the fact that many in higher education were expecting worse. However, that does not mean that any of them are by any manner of means in agreement with the current state of play.

I want to talk, in particular, about the closure of the post-study work route visa, on which I have asked quite a number of questions over the past two years. The Government’s response to the Home Affairs Select Committee and correspondence to me from the immigration ministry are interesting in that they show that the Minister and the Home Office seem to have greatly underestimated the importance of the post-study work aspect of coming to a United Kingdom university.

As vice-chairman of the All-Party Parliamentary China Group, I have had a great deal of contact over the years with Chinese students in particular. I believe that some 80,000 to 100,000 students from China are here at any one time. The opportunity to undertake what is essentially an internship with a UK business after graduating, to prepare for a career back in China, has played a very important part in the decision by Chinese students to come here. In the response to the Home Affairs Select Committee report, the Minister said:

“We want to ensure students come for a limited period and to study not to work”.

In his letter to me of 27 July, the Minister put it rather differently:

“Tier 4 should be about coming to the UK to gain a high-quality education and not about finding a route to work in the UK through undertaking a course”.

However, that completely misunderstands the reason for the post-study work route visa. It is a route to having brief work experience here in the UK and thereafter to working long-term back in the home country with the skills acquired.

The tier 2 route visa will be granted only on a case-by-case basis. If we were able to unpack the responses to the consultation, which we are not, I am sure that a better solution could easily be found—certainly looking at the evidence to the Home Affairs Select Committee—to tighten up the PSWR mechanism under tier 4. That would be much more satisfactory. As it is, it will make our higher education institutions much less attractive to overseas students. As we know, and as has been mentioned by all speakers so far, the impact assessment for the new rules came out extremely late in a very unsatisfactory fashion. That, as we also know, was commented on by the Merits Committee on two occasions, and we now know that some £3.5 billion gross of income and economic activity could be at risk as a result. That potentially has a huge impact on our education sector and it puts that sector considerably at risk on the basis of little evidence of abuse of the post-study work route visa.

It is right to say, as the Merits Committee does, that it is not clear from the impact assessment or the Explanatory Memorandum to the June statement how the findings from the consultation have fed into the development of the policy or the estimates of the costs and benefits of the changes. I think that that is an entirely uncontroversial statement in the light of what we have heard today. That is despite the statement in paragraph 8.1 of the statement of changes. As we know, the consultation was rushed through in only a month, which itself was grossly unsatisfactory and, sadly, these new rules have taken effect in those circumstances. It is vital that the new rules are kept under review and I hope that the Minister can give an undertaking that that will happen after a very short period of operation. It would have been better if these rules had not gone through but, on the basis that they have, I very much hope that the Minister can give an undertaking that such a review will take place.

The experience of Australia is an extremely salutary lesson in these circumstances. When the Immigration Rules were changed, as the Home Affairs Select Committee reported, there was a slump in applications from overseas to Australian universities, from which they are still recovering.

Finally, the Home Affairs Select Committee report, which is an extremely good document, said that the committee members were not persuaded that students are migrants. The Minister, in his reply to the report, said that he disagreed, claiming that the definition was long-standing under UN measures. That does not make it right. It is high time that rationality prevailed and that students are not regarded as migrants unless they are here for the longer term after graduating.

[Earl Attlee]

My Lords, I thank the noble Lord, Lord Hunt, for the opportunity to debate this Motion. A large number of points have been raised. I am eager to deal with the issues to which they give rise but clearly I shall have to deal with most of them in writing, as noble Lords have been quite wide-ranging.

The Motion before us deals with changes to tier 4 of the immigration system covering international students. The issue at hand is how the findings from the consultation have fed into the development of the policy and the estimates of the costs and benefits of the changes.

When the noble Lord, Lord Hunt, started, he told us about the importance of overseas students. He is, of course, quite right and I absolutely agree with him, but only in respect of genuine students who have come here to study at our world-class academic institutions. That is why we are devoting our attention particularly to the private education sector, where there is much abuse, although we are doing well to reduce it. However, I am at one with the noble Lord regarding universities. He will know that they enjoy considerable advantages under our policies. For example, we have introduced flexibility into universities on the English language requirements, on the ability to work and on the ability to bring in dependants.

The noble Lord, Lord Hunt, talked about loss of income from the UKBA. Although there will be a reduction in fees paid to the UKBA, the agency has made allowance for this in its business planning. I hope that he agrees that the UKBA exists to keep our borders secure and not just to turn over visa fees. He claimed the credit for the previous action to deal with bogus students but the previous Government only started that and left this Government with considerable work to do.

The noble Lord referred to the 35th report from your Lordships’ Merits Committee, which states that:

“The Committee regrets that it is not clear from the IA or the Explanatory Memorandum how the findings from the consultation have fed into the development of the policy or the estimates of the costs and benefits of the changes”.

Your Lordships will recall that the House debated the first set of changes to the student route on 16 May. At that time, the impact assessment for the student changes had not been published. However, the impact assessment for the changes to the student route was published when we made the second set of changes on 13 June. I reiterate my previous reassurance that we are quite clear that it is right and proper to provide the Merits Committee with the information necessary for it to do its job.

However, the issue having been raised, it would be remiss of me not to put this again in the context of the previous practice in this area. While it is generally accepted as good practice, there is no legal obligation for the UKBA to consult on changes to the Immigration Rules. In March 2010, the previous Government made significant changes to tier 4—the student route—without a formal public consultation. Despite taking the views of key partners, they did not publish any formal explanation of the findings. Similarly, in March 2006, following consultation, the previous Government published their policy for a points-based system but did not publish the 517 consultations that they received.

I am satisfied that this Government have gone to great lengths to seek the views of the public and of the sector, and to take account of these views in developing our final policy. On 23 November 2010, the Home Secretary informed Parliament that she intended to hold a public consultation on reforming the student visa system. This process began on 7 December, when the Home Secretary announced our proposals and the consultation paper was published. The consultation ran until 31 January 2011—shorter than a standard 12 weeks but that was in order to announce decisions at a time that would allow the sector and students to plan for the following academic year.

Our consultation received over 30,000 responses—10 times as many as the consultation on economic routes—and officials spoke to representatives of over 200 institutions during the consultation period. On 22 March, the Home Secretary made a full statement in the other place setting out the detail of the Government’s decisions, and the public reaction and data that had informed those decisions. On 31 March, we published a detailed statement of intent describing the full policy package and lay changes to the Immigration Rules to implement the first changes resulting from the consultation, which came into effect on 21 April. On 13 June, we lay the second set of changes to the Immigration Rules and published the impact assessment.

It is true that, like the previous Government, we have not published every consultation response. As I mentioned, there were over 30,000 responses online and over 200 longer written responses. We published a summary of the online responses to all questions asked and answered in the consultation. We also indicated the level of support in relation to every response. We felt that this was helpful information for Parliament and interested parties to have. The government code of practice on consultations states that:

“Following a consultation exercise, the Government should provide a summary of who responded to the consultation exercise and a summary of the views expressed … Consideration should be given to publishing the individual responses received”,

but, in this instance, the volume of responses made that impracticable.

The level of response demonstrates a high level of public engagement with the policy development processes. The changes that we have made to our final policy show that we have genuinely listened to and taken account of the views expressed. For example, we initially proposed raising the minimum level of English to an upper immediate level and required secure English language tests for all students. This received a clear, negative response from institutions, who indicated that pre-university pathway courses provided a vital route for international students to access our world-class universities.

Visas: Points-based System

Debate between Lord Clement-Jones and Earl Attlee

Thursday 10th March 2011 Lords Chamber

[Earl Attlee]

My Lords, I am grateful to the noble Earl, Lord Clancarty, for asking his QSD. However, I would have found a three-hour debate much better for me, as it would have given me longer to answer your Lordships’ questions.

Let me begin by making it clear that this Government recognise and value highly the contribution made to our society, culture and economy by non-EU artists, performers and academics. I will set my response in the context of the Government’s overarching approach, which, quite simply, is that we will restore public confidence in the immigration system. We have said that we will reduce the number of non-EU migrants to ensure that net migration drops from the unsustainably high levels consistently seen in the past 10 years. Britain will benefit from migration, provided that it is controlled and in the country’s best interests. We are not seeking zero or negative net migration. The aim is to reduce net migration to the levels of the 1990s—the tens of thousands each year mentioned by the noble Lord, Lord Rosser, not hundreds of thousands. So we are taking action to tighten all entry routes—work, students and family—and break the link between temporary routes and permanent settlement.

This debate focuses on the points-based system under which foreign nationals come here to work, study or train. There are distinct tiers to the PBS, designed for different skill levels and entry purposes. Tier 1 is for exceptionally talented individuals. Tier 2 is for skilled workers with a job offer, usually longer term. Artists, performers and academics would be able to qualify under both tiers, provided that the requirements and criteria are met.

We have started reforming these tiers. We are creating an exceptional talent route in tier 1. This will allow competent bodies to nominate the most exceptionally talented migrants and allow promising young talent to come to the UK for at least three years without the need of a job offer, although many will have one. This will be limited to 1,000 places, with half for the scientific community, led by the Royal Society. The main route for academic and research staff will be under tier 2, subject to the limit that we announced last November. If this is oversubscribed, applications will be ranked, with applications weighted for those coming to fill PhD-level research jobs. In addition, we are raising the minimum skills level, which will reduce numbers at the lower end, creating more room for the most economically valuable. Through these changes we shall attract the brightest and best, as mentioned by my noble friend Lady Brinton. It is not about closing our doors; it is about a more selective approach in the interests of Britain.

Then there is tier 5, which provides for temporary workers. This tier has a category specifically for artists and performers coming here for shorter periods of up to a year: the creative and sporting category. Most foreign creative artists and performers are likely to be entering through tier 5 if their purpose here is short-term, paid work. For academic activities, the tier 5 government-authorised exchange category provides for a rich variety of schemes involving academic exchange. These include the Chevening programme for scholars and researchers; the Commonwealth exchange programme for teachers; the International Association for the Exchange of Students for Technical Experience scheme, enabling foreign science, engineering and applied arts graduates to gain experience through work placements; and the UK-India education and research initiative. There are several other such schemes that support and nourish academic endeavour.

Some believe that the PBS prevents the entry of legitimate overseas artists or academics. We do not accept that view, nor are we aware of evidence to suggest that it is well founded. The creative and academic sectors have been closely engaged through system development and now via the arts and entertainment task force and the joint education task force. Significant changes have been made to the advantage of these sectors. Moreover, the entry possibilities are not limited to the points-based system. The entertainer visitor route mentioned by my noble friend Lord Clement-Jones allows entertainers to come—

[Lord Clement-Jones]

My Lords, I am grateful to the Minister for giving way. We are somewhat flabbergasted by his statement that there is no evidence, as he has heard evidence from all round the Chamber today. Has the task force’s report been published?

[Earl Attlee]

I should rephrase that and say that I am advised that that is the case. The noble Lord may find the remarks that I shall make later more to his liking.

I was talking about the entertainer visitor route, which allows entertainers to come here for up to six months without doing so under the PBS. This route is principally used to facilitate those performing at cultural festivals. An academic visitor route enables foreign academics to conduct personal research or participate in formal academic exchange. Exceptionally, in comparison to all other visitor routes, such academics may come for 12 months.

An important indicator that the system does not obstruct is the simple fact that significant numbers of visas are applied for and issued every month to those coming here under these routes. For example, in 2009 an average of around 500 visas a month were issued to creative and sporting applicants and in 2010 that increased by 30 per cent to an average of 650 a month.

The noble Earl, Lord Clancarty, and other noble Lords referred to several individual cases, on which I am not in a position to comment. Noble Lords should write to me to enable the cases to be reviewed by Ministers as part of the machinery of government, which I am sure all noble Lords understand. However, I do not object to noble Lords quoting cases to illustrate the problem as they perceive it.

The noble Lord, Lord Rosser, in his good Front-Bench contribution, asked what would happen if the cap were breached after nine months. It will not be, as our limit will be split on a monthly basis and we will have about 1,500 places per month. It will not run out early. Many noble Lords said that the cap was arbitrary. However, we were advised by the independent Migration Advisory Committee, which is the right body to advise on this. The MAC is an independent committee comprising some of the UK’s top labour market economists. It advises the Government on economic migration matters, including the level of the Government’s limit on tiers 1 and 2, shortage occupations—jobs for which there is an endemic national shortage—and other matters put forward by my right honourable friend the Home Secretary.

The noble Earl, Lord Clancarty, suggested that sponsors are unhappy with reporting on their migrants and having a surveillance role, as I think he put it. The points-based system is based on the principle that those who benefit from migration to the UK should take some responsibility for ensuring that the system works properly and is not abused. We do not believe that this is unreasonable. We do not think that it is unreasonable for highly trusted sponsors and universities to have to report that a foreign student has failed to enrol, has dropped out or is otherwise on an unauthorised absence. After all, we know that the student route has been severely abused. The noble Earl also suggested that the UKBA should develop an entertainer and festival route.

[Lord Clement-Jones]

My Lords, I am sorry to interrupt the Minister again, but is he aware that the level of abuse in the university sector is 2 per cent?

[Earl Attlee]

Absolutely, that is why we have the highly trusted sponsor system, which most universities will be signed up to. The real abuse occurs in the fake language schools and accountancy schools.

I was talking about the festival visa routes. Specific proposals can always be considered, but the present visa is intentionally narrow and is not intended to provide an alternative route for entertainers who are coming here to do paid work. The noble Earl asked about modifying the certificate of sponsorship scheme to help smaller organisations to invite artists to the UK. It is not accepted that the system of PBS sponsorship represents a bureaucracy that is particularly acute for small organisations. The online process for a sponsor licence should take approximately 30 minutes to complete.

The noble Baroness, Lady Brinton, said that there ought to be an urgent review of the system. I suggest that she considers the praise that the Home Office received when our tier 2 policy was announced. The CBI and British Chambers of Commerce praised the Government for listening. The Campaign for Science and Engineering, a good adviser to the Home Office, expressed its delight.

The noble Lord, Lord Parekh, suggested that many in the social sciences, philosophy and so on do not earn £40,000. I fear that there might be a misunderstanding. The £40,000 requirement will apply to intracompany transfers for periods of more than 12 months. A scientist or philosopher will enter generally through tier 2. Here they must be paid at least £20,000 per annum, and if they are not earning £20,000 per annum it is not clear to me how they will support themselves.

I am running out of time. The noble Lord, Lord Clement-Jones, described how some customers must travel long distances to submit their visa applications. The UKBA keeps this matter under constant review and is looking at ways to provide a facility to make it easier in some areas for customers to provide their biometric details.

The noble Lord asked about a survey of PBS applicants. The results of the survey he mentioned were published and I will write to him with the details. In brief, the majority of applicants found the applications easy to complete and that the decisions were received in a timely manner.

The noble Lord suggested that the points-based system is designed to manage long-term migration and that applying the same system to short-term cultural visits was inappropriate. The assertion that the points-based system is designed to manage only long-term migration is not correct. While economic migration was the focus, the clear intention when the system was introduced was that it should cover all routes by which foreign nationals enter the UK to work, train or study.

The noble Baroness, Lady Brinton, suggested that additional pressure was put on tier 2 when we closed tier 1 general. I disagree. Tier 2 will become a graduate occupation route from 6 April. Tightening the route in this way will release pressure.

My noble friend Lord Bridgeman asked whether the position of nurses had changed as a result of the Migration Advisory Committee's announcement of 3 March. There is no change. The Government have neither accepted nor rejected the MAC’s shortage occupation list. He mentioned the cost of registration with the NMC, of the ONP course and of the international English language test, and suggested that the overall cost would be about £2,000. The UK Border Agency has no control over the cost of registering with the NMC, or over the ONP cost. My noble friend spoke about the cost of the English language test in relation to Australia, New Zealand and Canada. This is not an issue because these countries are English-speaking and we do not expect English nationals to pass this exam.

The noble Baroness, Lady Kennedy of The Shaws, made a very strong contribution on the university sector. In particular, she suggested that our system of immigration is making it less attractive to study here. The Government have been clear that high-quality students will continue to be welcome in the UK. I recognise the particular issues around foundation courses. These were considered in detail when we consulted on student policy, and we will announce that policy in due course.

I have completely run out of time. I have left many points unanswered. I will of course write to all noble Lords who have taken part. I will also draw to the attention of my right honourable friend the Secretary of State the strength of feeling in your Lordships' House. However, the Government will regain control of our immigration system.

Visas

Debate between Lord Clement-Jones and Earl Attlee

Wednesday 16th February 2011 Lords Chamber

[Earl Attlee]

My Lords, a consultation on the student immigration system closed on 31 January. The consultation sought the views of respondents concerning the future of the tier 1 post-study work route and the effect of the proposals. The outcome of the consultation will be announced shortly.

[Lord Clement-Jones]

My Lords, I thank the Minister for that reply and declare an interest as vice-chairman of the All-Party Group on China and chair of the council of the School of Pharmacy, University of London. Only yesterday, the Minister said that the Government were determined to protect overseas students, so why are business, universities, research charities and student bodies all lined up against the current government proposals drastically to reduce those tier 1 post-study work visas? Not only will we let down our current overseas students, we will reduce the attractiveness of Britain as a study destination. Is that any way to foster good links with important countries such as China and India?

[Earl Attlee]

My 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.

Aviation: Hand-luggage Restrictions

Debate between Lord Clement-Jones and Earl Attlee

Wednesday 12th January 2011 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government what assessment they have made of the impact of hand-luggage restrictions operated by airlines on professional musicians and on the United Kingdom’s music economy.

[Earl Attlee]

My Lords, there are no government restrictions on musical instruments and their accessories carried by passengers into the cabin of an aircraft. The Department for Transport advises passengers that it is best to contact the individual airline before booking, as they may need to make special arrangements such as buying an extra seat for large instruments. Charges and fees imposed for the carriage of instruments are commercial decisions for the individual airline concerned.

[Lord Clement-Jones]

My Lords, I thank the Minister for that reply; I am sure that he has looked into this matter with great care. However, there have been terrible cases where valuable and cherished instruments were smashed up in the holds of aircraft as a result of musicians not being able to take them on board as hand luggage. It may not be possible in every case for the Department for Transport to enforce the clear set of guidelines which it issued in 2009, but can it not at least name and shame the airlines involved?

[Earl Attlee]

My Lords, the first point that my noble friend made was about damage to instruments. The key point here is that the musical instrument is absolutely vital to a musician. Musicians and their instruments are as one and, if they lose their instrument or it is damaged, their ability to perform at the highest level is severely reduced. My department is well aware of the issue, but if airlines want to acquire a bad reputation for looking after musicians, they do so at their own risk.

Visas

Debate between Lord Clement-Jones and Earl Attlee

Thursday 18th November 2010 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government whether they have reviewed the process of issuing visas for Iraqi nationals and the location where they are issued.

[Earl Attlee]

The UK Border Agency has reviewed the visa service for Iraqi nationals, in consultation with the FCO and UK Trade and Investment. From early 2011, it will be implementing a limited expansion of the categories of applicant who may apply in Iraq, to include UKTI-sponsored business visitors and students coming to the UK under the Iraqi Prime Minister’s scholarship initiative. For ongoing security, financial and logistical reasons, Amman will remain the main decision-making centre.

[Lord Clement-Jones]

My Lords, I thank the Minister for that reply but I must confess that I am not even sure that it is half a loaf. I am pleased for the British businesses that are sponsored by UKTI, which was extremely helpful in the recent trade delegation to Iraq. However, will the Minister ask the Home Office further to review the situation because Amman is not at all convenient for the vast bulk of Iraqi business people who have to wait there for up to two weeks? Will the Home Office and UKBA assist UKTI in its future efforts rather than hinder it?

[Earl Attlee]

My Lords, in principle my answer is yes to everything. I pay tribute to the noble Lord for his persistence in this area. We would like to do more as it would benefit UK business but the noble Lord, who has looked into this matter, will also understand some of the difficulties involved.