Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Faulkner of Worcester Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord Patel (CB) [V]]

Before I start, I wish to say that I support the comments made by the noble Lord, Lord McConnell.

I shall focus my remarks on how immigration reform will affect science and innovation and the health and care sector. The Government have often said that they want the UK to be a science superpower. Apart from funding and international collaboration, which are crucial, this sector relies heavily on our ability to attract, recruit and retain global scientific talent. Thirty-one per cent of UK Nobel prize winners in science where born outside the UK, and 50% of CRUK-supported PhD students are from outside the UK, rising to 70% of post- doctoral researchers. In part, the Government have recognised this by introducing the global talent visa, but serious concerns remain about the rest of the system.

I will focus on two issues. First, I want to talk about the significant cost of the system for employers and researchers, early-stage researchers and technicians, who will be punished by the new rules. Even researchers gaining a Global Talent visa will face costs of over £2,500. This is 10 times the comparable cost in Germany, the US and Australia, and seven times that in France. The UK will be the most expensive scientific destination in the world. Much of this cost is also associated with health costs. The impact is even greater for those not included in the Global Talent visa due to heavy visa costs, which can be as much as £8,500, and that does not include the costs related to family, which will be above that. The points-based system further disadvantages those whose salary level does not reach £25,000, such as lab technicians—a workforce crucial to science and innovation.

Secondly, I want to refer briefly to the effect that the Bill will have on health and social care workers. The mutual recognition of professional qualifications has played a vital role in enabling EU doctors to work in the UK. The legislation would remove that recognition, which applies also to other countries, and would have a significant effect on recruitment, and not just of EU doctors.

My final comment relates to the lack of any migratory route for unregistered care staff—a point already mentioned by the noble Baronesses, Lady Greengross, Lady Kennedy and Lady Altmann. The sector is already in crisis, with an estimated 110,000 nursing vacancies in social care alone. As has already been said, the classification of social care workers as low skilled devalues their contribution and their skills.

I look forward to the Minister’s comments and the opportunity to explore these matters further in Committee.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Griffiths of Burry Port, has withdrawn from the speakers’ list. The next speaker is the noble Lord, Lord Roberts of Llandudno.

[Lord Roberts of Llandudno (LD) [V]]

When this Bill emerges, it will define our place and reputation. Will we be proud to have been here? As the verse at the bottom of the Statue of Liberty says:

“Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore.”


Is that what we want to be remembered for? Or will it be: bring me those who earn between £25,000 and £30,000 per year? Or, bring me those we think of as being best for us? Is it not better to welcome those who are most in need in the world? About 200 or 300 members of staff at the House of Lords earn less than that minimum income that is required to come to the UK—those wonderful people. Need, not greed, should define us, so that people come to us because we want to welcome them. We are trying to build a world which is fit for children to live in, yet we are far, far away from that.

I suggest we look at what will happen with income in Committee, and say that we have to mend this. We have to make this an Immigration Bill with a human face. Thinking of those detained in our immigration centres, we know we are the only country in Europe that has indefinite detention. When the Chief Inspector of Prisons visited some of those detention centres in May this year, it was found that one person had been detained for three years, while another 12 had been detained for 12 months. There is something so wrong with what we are doing with our immigrants. This Bill gives us a chance, so that history will say we took a step that was humane, kindly and concerned. Let us take it.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Faulkner of Worcester Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

Relevant document: 11th Report from the Constitution Committee

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, hybrid proceedings will now resume. Some Members are here in the Chamber, respecting social distancing, and others are participating remotely, but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn the House.

This is day two in Committee on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. I will call Members to speak in the order listed in the annexe to today’s list. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted.

During the debate on each group I invite Members, including Members in the Chamber, to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request and will call the Minister to reply each time.

The groupings are binding and it will not be possible to degroup an amendment for separate debate. A Member intending to press an amendment already debated to a Division should have given notice in the debate. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group. We will now begin.

Clause 4: Consequential etc. provision

Amendment 14

Moved by

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[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

I have not received any requests to speak after the Minister, so I call—oh, it looks as though the noble Lord, Lord Kennedy, thinks he has given notice.

[Lord Kennedy of Southwark (Lab Co-op)]

I did email; I do not know where it has gone. Oh sorry, I did not email Question Diary.

I thank the Minister for explaining how certain words have been used in previous legislation, but it would be helpful if she could write to me and place a copy in the Library of the House with some examples, just so that we are absolutely clear. I know she was able to give an example now, but that would be very helpful.

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Amendments 15 to 19 not moved.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group beginning with Amendment 20. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. I think there is a technical problem with that which I hope we can resolve in the next few minutes.

Anyone wishing to press this or anything else in this group to a Division should make that clear in debate. I should inform the Committee that if Amendment 20 is agreed to, I cannot call Amendment 21.

Amendment 20

Moved by

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[Baroness Bennett of Manor Castle (GP) (V)]

My Lords, I was pleased to attach my name to Amendment 20 in the name of the noble Lord, Lord Rosser, which was also signed by the noble Lord, Lord Kennedy of Southwark. I also agree with virtually everything that the noble Baroness, Lady Ludford, has just said. Essentially, as it appears in the Bill, this looks like a power-grab by the Government in a situation that is already iniquitous and utterly unreasonable. The cost of that to the UK —the denial of the skills, knowledge and ability of people who might go somewhere else because our fees are just too high—was set out by the noble Baroness, Lady Ludford, very clearly. I somewhat disagreed with her, however, when she suggested that it might be reasonable for the Government to cover the actual real cost through fees, and I will particularly focus on children.

In December 2019, the High Court ruled that the Home Office had acted unlawfully in charging £1,012 for children to register their right to British citizenship. This was a judicial claim brought by the Project for the Registration of Children as British Citizens on behalf of two children known as O, age 3 and A, age 12. They were British but could not access their citizenship because they had been priced out. The court found that the Home Office had taken no account of the best interests of the children in setting the fee. It highlighted a mass of evidence showing that the fee prevented many children from registering for British citizenship, thus leaving them,

“alienated, excluded, second best, insecure and not fully assimilated into the culture and social fabric of the UK.”

We are already in an iniquitous situation. The Government have chosen to appeal that ruling, so it is still before the courts. However, we certainly do not want a situation where the Government are not subject to full parliamentary scrutiny. I hope that such scrutiny will be applied, otherwise an utterly unreasonable situation that is bound to affect many more people will become even worse.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

I now call the noble Lord, Lord Randall of Uxbridge. Lord Randall, we can see you, but we cannot hear you.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I apologise—I was waiting for someone to unmute me.

I wanted to speak in this short debate, and I shall not speak for very long, because I want the clarification that noble Lords have already asked for. Presumably, this applies just to the European Union, or EEA and Swiss citizens. I have just discovered that the withdrawal agreement says that no charges will be made. Is it likely that if other countries impose charges on us, we might do it reciprocally? That is all I want to ask, and I await the response with interest.

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[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, we have a technical problem with emailing the Table. I propose that the Committee adjourns for 15 minutes, in the hope that we can sort out the problem. If it is necessary to adjourn again, we will do that. The Committee will resume just after 3.15 pm.

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[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, the email problem has not been resolved entirely, but we do have a short- term solution. Members, whether in the Chamber or participating remotely, who wish to speak after the Minister on this amendment or indeed subsequent ones, can use the alternative email address, relating to the Grand Committee, that is in the guidance notes that govern today’s session. If they send their request to the Grand Committee email address, that will find its way to the Table here and they should be included in the requests to speak after the Minister. Let us hope that works. We were about to hear from the Minister, so I call the noble Baroness, Lady Williams of Trafford.

[Baroness Williams of Trafford (Con)]

My Lords, I thank all noble Lords who have spoken on these amendments. If the new email system does not work—although I am not presuming that it will not work— I am very happy, retrospectively, to write to noble Lords who were going to speak, did not manage to, and therefore did not have their supplementary questions or requests for clarification answered.

These amendments obviously concern the use of Clause 4 powers to make changes in relation to fees and charges. Regulations made under this power may modify legislation relating to the imposition of immigration fees and charges only where they relate to a person’s immigration status and where that is as a consequence of, or connected with, the provision in Part 1 of the Bill. That confirms the point made by the noble Baroness, Lady Hamwee. It enables the application of fees and charges to EEA citizens, who are currently exempt from them by virtue of free movement law, such as the immigration skills charge paid by employers.

The effect of Amendments 20 and 21 would be to prevent the Government aligning the treatment of EEA citizens with non-EEA citizens from January of next year. It is not our intention to use the power to increase fees. Fee levels will continue to be subject to parliamentary scrutiny via the existing fees orders and regulations.

To briefly touch on the point made by the noble Baroness, Lady Ludford, we do not make an overall profit on fees. While they may be different in different countries, they go towards the operation of the border.

It is the will of the British people that we bring free movement to an end. This means ending the bias in our immigration system that favours EEA citizens over the citizens of any other country, which is the primary purpose of this Bill. Limiting the Government’s ability to apply a skills charge to EEA citizens as they apply to non-EEA citizens will mean that certain elements of free movement will not have been fully repealed by this Bill and that EEA citizens will still have an advantage in our immigration system. This is not an outcome that the Government can accept. I hope that the noble Lord will withdraw the amendment.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, we have not received any requests to speak after the Minister. Therefore, I call the noble Lord, Lord Kennedy of Southwark, to reply.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am happy to withdraw my amendment. I am sure it has not escaped the Minister’s attention that there is some concern in the House about Clause 4, not only from the Delegated Powers Committee but from every speech we have heard so far, I think, apart from the Minister’s. It will carry on in further criticism that Members will have later. I am sure the Minister understands that and will take it back. I hope that there will be some progress when we get back to these issues contained in Clause 4 on Report. With that, I am happy to withdraw the amendment.

Amendment 21 not moved.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

We now come to the group beginning with Amendment 22. I remind noble Lords that anyone wishing to speak after the Minister should email the Grand Committee address on the guidance notes during the debate. Anyone wishing to press this or anything else in this group to a Division should make that clear in the debate.

Amendment 22

Moved by

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[The Lord Bishop of Durham]

My Lords, I declare my interests as laid out in the register, in receiving support from the RAMP project on immigration policy, and as a trustee of Reset.

I shall speak to Amendment 29 and Amendment 31. They are different in substance: Amendment 29 and others in this group relate to asylum seekers, while Amendment 31 relates to refugees currently living elsewhere. However, they both address the question of work.

In the Hebrew Bible, there is a story about a widow named Ruth, who travels with her mother-in-law to a foreign land, the family having been displaced by famine. On arrival, she gets to work, picking grain with the landowners’ permission, and she enjoys his protection and generosity. She receives not a handout but the freedom to work in the fields—her dignity is upheld.

The freedom to work, for those able to do so, is an important part of our humanity. It is how we support ourselves and our families, how we contribute to the common good and how we share, through taxation, the financial burdens of our common life. Yet for those who have come to this country fleeing persecution or conflict and are stuck too long in the administrative purgatory of the Home Office’s processes, the Government deny this freedom.

Many people seeking asylum want to work. They have skills that the UK needs, and are highly motivated to provide for themselves and their families. Instead of allowing them to do so, currently the Government force their reliance on minimal taxpayer-funded benefits.

Employment helps with smooth integration into the UK, allowing people to improve their English, acquire new skills and build relationships in the community. Work restores dignity while reducing reliance on public funds. I endorse all that the noble Baroness, Lady Meacher, has just said in speaking to Amendment 29.

Amendment 29 does not argue for an immediate right to work, as Canada, for example, allows. Lifting the ban on working after six months—the point at which the Home Office should have determined their case, but too often has not—is a reasonable compromise. I might prefer three months, as proposed in Amendment 22, but I see six months as a reasonable compromise. I am not alone in thinking this: British Future found that 71% of the public support the right to work after six months.

I note that both Amendment 29 and Amendment 31 focus on the rights of EEA and Swiss nationals, because those rights are before us in the Bill. While the Spanish protocol might appear to obviate the need for Amendment 29, we have learned this year that the future is hardly secure and predictable. Moreover, in both cases, the underlying principle demands that we take these steps for the benefit of some now, and to move towards restoring the dignity of all those seeking the UK’s protection by allowing them to contribute through work.

I thank my noble friends Lady Lister and Lord Alton for supporting me on Amendment 31. The UN estimates that there are 79.5 million forcibly displaced people globally, who are desperate to rebuild their lives. Refugee resettlement schemes are vital, and ours must restart urgently. However, we must think creatively about ways to help the many forcibly displaced people, in need of international protection, to rebuild their lives somewhere safe.

In places like Lebanon, people fleeing the Syrian conflict are not permitted to work legally. They are dependent on handouts; their lives are on hold. Many of these people have God-given talents which are going to waste. Meanwhile, employers in the UK face critical skills shortages. Ending free movement for EEA and Swiss nationals will only make it more challenging for them to recruit people with the skills they require. Is it beyond our imagination to connect the two, for the benefit of all?

The Home Secretary introduced this Bill to the other place, saying that she wanted a system

“allowing us to attract the very best talent from right around the globe.”—[Official Report, Commons, 18/5/20; col. 398.]

Displaced people, including refugees, have skills, talents and motivations, and dream of building a new life in a new land. What if we saw such people as a gift as well as a responsibility? To do that, I urge the Government to look at what this amendment seeks to achieve for skilled forcibly displaced people. I acknowledge and thank the Minister for her help so far, pursuing conversations with her colleagues to that end.

Amendment 31, conforming to the Bill’s scope, addresses the potential situation of displaced people who are EEA or Swiss nationals. Yet, even in doing so, it addresses the need for a displaced talent visa in the new Immigration Rules, to level up access globally to labour market mobility for all those who should be able to apply for skilled jobs at UK companies. It would remove barriers, such as the need for specific documentation or proof of their English language ability which cannot be accessed because of their situation in being displaced from home.

To be clear, this is not a new humanitarian route; instead, it is about enabling fair access to work visas for skilled forcibly displaced people. As the noble Baroness, Lady Hamwee, said, this is not an alternative to the asylum amendments. This is a completely different point. This approach has been successfully piloted in Australia and Canada, and would complement, not compete with, the vital routes of humanitarian resettlement and community sponsorship.

In his letter to them, St Paul reminded the church in Thessaloniki of a common saying: “The one who is unwilling to work shall not eat.” Far from undercutting support for providing for the vulnerable and unemployed —as has occasionally been suggested—St Paul was urging that those in the community free and able to work should do so, for the good of all.

I find myself reflecting on this saying as I think about how we might help those fleeing persecution and conflict to access employment, that they might use their God-given talents and skills to support their families and rebuild their lives with dignity for the benefit of all, and that they might be seen as a gift to us. I would like to move Amendment 31.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

It may be helpful to the Committee if I remind noble Lords that we are debating a group of amendments in which Amendment 22 is the lead. It is of course possible to speak to the other amendments in the group, but at this stage it is not possible to move them individually.

[Baroness Ludford (LD)]

My Lords, the ban on working before a whole year has passed, and then only in professions such as classical ballet dancer and geophysicist, is bad on all counts. I am aware that we have a trained classical ballet dancer in the Chamber and she is a very valued Member, but she would probably agree that it takes rather a long time to train as such. We are not asking for a radical policy like Sweden’s, which the noble Baroness, Lady Meacher, reminded us allows asylum seekers to work after one day, or like Portugal’s, where the period is seven days, but, if you like, a middle way of three months or even six months. Six months is, if I recall correctly, the threshold in EU asylum law—I think it is the reception conditions directive—but the UK Government declined to opt into that provision.

It is detrimental to the well-being, dignity and self-respect of those seeking asylum to be refused the opportunity to work and to be kept in poverty on £5.66 a day. The longer that they are out of work, the more that their skills and motivation deteriorate. When I was a Member of the European Parliament, I dealt with various individuals whose physical and mental health, sometimes after years of waiting, not just for 12 months but for three, four or five years for determination of their asylum claim—maybe the Government will tell me that the situation is much better now, but I am not sure that it is—had of course deteriorated; they had shrivelled as people and were unable to provide for their families. Their status, whether in their family or in their community, was completely undermined as their skills and motivation deteriorated.

Working boosts the chances of social and economic integration. Being banned from working also feeds into the prejudice that asylum seekers are “scroungers”, which not only is not true but is galling and aggravating when in fact they are prevented from working by government fiat, policy or law, which a lot of the public do not understand. As the noble Baroness, Lady Meacher, has quoted, they would contribute to the Exchequer. Rather than taking from the taxpayer, they would be able to contribute if they were allowed to.

So, frankly, it is win-win. No wonder two-thirds of businesses support people seeking asylum having permission to work and 71% of the public, in the study by British Future, support the right to work. One would have thought that this was a bit of a no-brainer, and I look forward to the Minister explaining to us why it is impossible for the Government to change their policy.

I believe that there was an announcement in December 2018 by the Home Office that it would be launching a review into the merits of restoring the right to work to people seeking asylum. I do not know whether there is any news on how that review is getting on and when it might come to a conclusion.

Lastly, I speak in support of the amendment in the name of the right reverend Prelate the Bishop of Durham about a work visa for displaced people. Refugees, displaced people and people who for humanitarian reasons are unable to stay in their home country have many skills that are going unused. Banning people seeking asylum from working is a moral question as well as an economic and social one. Again, I agree with the noble Baroness, Lady Meacher: the idea that this would operate as a pole of attraction for people is unsubstantiated, and in any case that is hugely outweighed by the benefits of allowing asylum seekers to keep going and keep up their physical and mental health. If they do not succeed in their asylum claim then they have to leave, but in the meantime they will have been able to support themselves, keep up their skills and maybe, wherever they have to go or return to, have a better view of this country than they might otherwise have.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, I am pleased to be able to advise the Committee that we seem to be back to normal with the emailing of the clerk, so Members who wish to speak after the Minister should use what they thought was the correct route at the beginning.

[Baroness Lister of Burtersett (Lab)]

My Lords, I strongly support this group of amendments. I have added my name to Amendments 24 and 31. I see these amendments as being not just in the interests of asylum seekers and refugees, although we have already heard strong arguments for why they are so, but also in the country’s economic and social interests and in the interests of overall social integration, which is supposedly a government policy goal.

A recent paper from the Institute of Labor Economics throws some light on the issues raised by Amendment 24 and others, using cross-European data for a period of nearly 30 years. It concluded that

“imposing temporary employment bans on asylum seekers has large negative consequences for their subsequent labour market integration − an effect that may remain sizable for up to 10 years”.

The authors recommend that

“host country governments should carefully weigh the (alleged) benefits of such bans against their longer term costs for both refugees and the host country economy.”

They found the sooner the access to the labour market, the better, and that when access is allowed it is not helpful to restrict it according to job type or employment sector in the way that our ludicrous shortage occupation list, mentioned by the noble Baroness, Lady Ludford, does.

The paper also found that the existence of a ban has no impact on the numbers seeking asylum, which is one of the arguments that Ministers have used to justify it. I hope the noble Lord, Lord Parkinson, will not come out with that argument, because there is no evidence for it. If he is going to do so, could he please tell us what the evidence is?

Nearly a year ago, I had an exchange with the noble Baroness, Lady Williams, about the economic benefits of lifting the ban. As well as the survey of business leaders mentioned by the noble Baroness, Lady Meacher, a group of business leaders wrote to the Financial Times to make the case, and the FT quoted the CBI chief economist, who said that

“despite being keen to earn a living and participate in the society where they live, many of those displaced are prevented from using their skills to contribute to the economy.”

In a letter to me, the Minister questioned how many asylum seekers would in fact be skilled, and suggested that the priority should be speeding up decision-making and then supporting granted refugees into employment more quickly. No one would dispute the need to speed up decision-making and support refugees into employment but, nearly a year on from that exchange, the Immigration Minister acknowledged to the House of Commons committee that the asylum decision-making timeframe remains a concern. This is not an either/or situation. Worse, at present it seems to be neither: we have neither speeded up decision-making nor do we have the right to work. I accept that the assumptions about the proportion of asylum seekers who are skilled may be optimistic, as the Minister said, but that does not invalidate the case, not least because many of those deemed to be unskilled may in fact have very real skills to contribute, including to the care sector, which we heard about on Monday.

This May, the Lift the Ban campaign carried out a skills audit of people seeking asylum. Nearly half of those audited reported previous occupations that would fall into the Government’s definition of “critical workers”, with one in seven having worked in health or social care. Have the Government carried out such a skills audit on which to base their position?

In Amendment 31, which I was very pleased to be able to support, we are talking about a group of displaced refugees who would be recognised as skilled under any definition. The right reverend Prelate has already made a strong case for what I believe is a very helpful and, as he put it, creative idea that is well worth exploring. I hope the Government will explore it. I understand that there have been pilots to see how it might work. It worked rather well in other countries but unfortunately has floundered in this country because the Immigration Rules have meant that it is not practical or scalable. If nothing else, I hope there might be a way of seeing whether we can have a proper pilot in this country.

All I will add to the case already made so well by the right reverend Prelate is to emphasise a point that has already been made in a sense: we do not see this as a substitute for fulfilling our obligation to provide a safe haven to asylum seekers and refugees or for positive reforms to the asylum system, including the more general right to work after at most six months that we have been talking about.

The Government have dragged their heels over the right to work issue, as we have already heard, for nearly two years, yet suddenly it is all speed ahead with what we are told will be the new asylum Bill, designed not to help asylum seekers, as it would seem from what the media has said about it, but to make it harder for them to come here. Suddenly it has become an urgent matter, whereas there has been no urgency at all to do something for asylum seekers here.

If the Government want to dispel the fears about this forthcoming Bill—that it is all about how we keep asylum seekers out and nothing to do with how we make life better for them when they are here—I hope at the very least they will commit today to finish their review of the right to work and include it in this forthcoming Bill.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Faulkner of Worcester Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Lord Paddick (LD)]

My Lords, I rise to speak to my Amendment 26 in this group, and my noble friend Lady Hamwee will speak to the other amendments in the group. I too am sceptical about the Government’s ability to enforce immigration law in general and the end of free movement in particular. Indeed, as I have previously argued, there is evidence that, rather than “taking back control”, the Government have made the UK border more porous.

At previous stages of this Bill, I have raised the issue of EEA and Swiss nationals, who will continue to be able to enter the UK using airport e-passport gates and who will benefit from visa-free entry to the UK, officially for six months at the end of the transition period, along with the nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA—the so-called B5JSSK countries.

I am very grateful to the Minister for meeting me face to face—a rare treat—along with several officials, who joined us virtually. The point of raising this issue now is to have on the record the fact that the Government’s approach to immigration contains significant loopholes, which are as follows.

First, there will be no digital record of the immigration status of EEA and Swiss nationals, or those of the other B5JSSK countries that I have listed, visiting the UK under the six-month visa-free arrangements. This can be checked—for example, by landlords, in order to fulfil their right-to-rent obligations to ensure that they do not rent property to those who are in the UK illegally. The Government have no plans to change this situation other than an ambition that this will happen at some time in the future.

Secondly, there will be no way of tracking EEA, Swiss or other B5JSSK nationals once they have arrived in the UK, as no information will be recorded as to where they are going to be staying, there will be no stamp in their passport and there will be no way of establishing whether they have left the UK when or before the six-month limit has been reached.

Thirdly, in order to comply with the law—even though there is no way of enforcing it—all an EEA or Swiss national, or a national of one of the other B5JSSK countries, needs to do is take a day trip on the Eurostar to Lille, for example, in order to be legally eligible to stay for another six months. In their UK Points-Based Immigration System: Further Details Statement, the Government claim that EEA and Swiss nationals should not

“in effect live in the UK by means of repeat or continuous visits.”

However, in reality, there is no way of checking or enforcing this.

Fourthly, with the leeway provided to landlords under the right to rent scheme, landlords can rent a property for up to 12 months to an EEA or Swiss national, or to other B5JSSK nationals—even though they are legally allowed to stay in the country for only six months—without any sanction, civil or criminal. At the end of that period, the landlord can continue to rent the property to the EEA or Swiss national, or to one of these other nationals, provided they produce another ticket, boarding pass, travel booking or

“Any other documentary evidence which establishes the date of arrival in the UK in the last six months.”


Fifthly, the Government cannot provide any details of the electronic travel authorisations, or ETAs, mentioned in the Government’s immigration plans under the heading “The border of the future”, or of how that system will operate. The Government claim that it will

“allow security checks to be conducted and more informed decisions taken on information obtained at an earlier stage, as to whether individuals should be allowed to travel to the UK.”

In the meantime, and for the foreseeable future, the UK could be vulnerable to such individuals entering the UK—without checks or a visa—through the e-passport gates.

Every national of Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA used to hand in a landing card and be questioned by a Border Force officer at the UK border to establish where they were going to stay, how long they were staying and whether they had the means to sustain themselves without working illegally. I am told that about 3,000 US nationals a year used to be turned away at the border, but these individuals can now use the e-passport gates, almost always unchallenged. I understand that the reason the B5JSSK nationals were added to those who could use the e-passport gates was to better manage the queues at the UK border. Allowing people through the UK border more quickly by not checking whether they are entering the UK legitimately does not seem to be “taking back control” of our borders.

From 1 January, EEA and Swiss nationals will be able to enter the UK in the same way, even though free movement is supposed to be at an end. Can the Minister please confirm on the record that these loopholes do indeed exist and that there are no immediate plans to close them? Can she also repudiate the explanation offered by a lawyer friend of mine—who, when I discussed this issue with him, described the B5JSSK countries as “white” countries—by explaining how the B5JSSK countries were chosen?

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Young of Norwood Green, has withdrawn from the debate, so I call the noble Baroness, Lady McIntosh of Pickering.

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[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Greaves, has withdrawn, so I call the noble Lord, Lord Naseby.

[Lord Naseby (Con)]

My Lords, I speak as someone who served on the Public Accounts Committee for 12 years in another place. The first thing that comes to mind is that the National Audit Office is principally in charge of the investigations there, sometimes prompted by the committee and sometimes by issues that are at the forefront of politicians’ and other parties’ interests. Those reports are always produced when there is a case to be looked at. The reports are taken very seriously and are of great substance. I was particularly pleased—this is the reason I am taking part in the debate on this amendment— to see that there was this PAC report on a subject that is likely to come before your Lordships’ House. That report gives cause for considerable concern—that is probably a huge understatement. I hope my noble friend on the Front Bench, for whom I have a great deal of time, and those who are advising her will look at this very seriously. I think they need to go back also to the National Audit Office and look at some of the data, because it cannot all be reproduced in a report.

A couple of other issues come to my mind. My noble friend mentioned the 5,000 boat people. I sat on the Council of Europe for eight years—it is not just a talking shop; it does some valuable work. This is the sort of issue where two countries are involved in something that is not acceptable to either country but nobody has managed to bang the heads of the head of states together to ensure that a solution is found.

I am a great lover of France; for years, I had a mobile home in the south of France and I love going there. But this is not in the interests of France; I know our Prime Minister is pretty busy, but it is time for someone in a very senior position to talk to the Prime Minister of France, so that we can stop these huge numbers. Maybe we will have to take a share of the very small proportion who are genuine asylum seekers but, for the rest, an answer has to be found.

As the House knows, I also specialise in south Asia. I lived and worked there for a number of years and—dare I mention?—I have written a book about Sri Lanka. There is a problem about asylum seeking from not only Sri Lanka but other parts of south Asia. Self-harming is not something that many people in the Chamber or elsewhere know too much about, but it is not as unusual in south Asia and south-east Asia as it would be in the western world. Self-harming is then transcribed into “torture”, so when the individual presents themselves as an asylum seeker here, with an analysis from a UK doctor who of course has no idea about self-harming, it is pretty strong evidence that there has been torture—but there has not; there has been self-harming. That is something people should be particularly alert about.

We are being prompted daily to have an app on this and an app on that—track and trace is now the issue of the day. I do not know whether this happens, but it occurs to me that, given that the one piece of luggage that most migrants have with them is a mobile phone—or someone within their group has a mobile phone—those going into the reception area should have a track and trace system of their whereabouts, for a limited period, on some sort of app.

I listened to the noble Lord, Lord Paddick, with particular interest. He has put some genuine questions that I hope my noble friend on the Front Bench will take away, if she is not able to answer them today. There is clearly something not right in the areas that he has picked up.

I spent a great many hours recently on the Agriculture Bill, which has a section dealing with temporary agricultural workers. It is a fact that, in the UK at this point in time, there is not enough part-time or spare labour and ability in agricultural matters to bring in the harvest, particularly in Lincolnshire and the surrounding counties. I come from Bedfordshire; we are on the fringe, but there is a great deal of horticulture. We must not have another harvest next spring where we in the UK are short of people to harvest the crops. I just want to put that on the record.

Finally, as some will know, I am a former RAF pilot and still take a great interest in aviation. I unearthed, some years ago now, a manoeuvre that was being done with light aircraft out of small airports; they were basically flying out of the UK and, on the flight plan, there was no requirement to record who the people on the aircraft really were. Even where the people were recorded, there was no checking done on the way back as to whether the number who went out came back, whether they were the same people, or even whether they went back to the original airport they had started from. I still believe that that is a problem and should be looked at.

This is an important amendment. I am sorry to get a little technical, but the amendment says, “within six months”. Having sat in the Chair down the other end, I would have to say that “within six months” suggests less than six months, and what I think my noble friend will be pushing for is that it should be done at six months or immediately after six months. If I am right, I hope that the Minister can ensure that that minor change can be implemented. I wish my noble friend all success with this very important amendment.

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[Lord Judd (Lab) [V]]

My Lords, I thank my noble friend Lord Rosser very much for moving this crucial amendment in such a powerful and forceful way. I should declare an interest because my grandson, who is very close to me, took the opportunity of the longer summer break for schools after the public examinations to go and work on the front line in a care home. He is intelligent, perceptive and caring, so I learned a great deal from what he told me.

What troubles me in our considerations is this: just how many of us would have thought of using some of our available time working in a care home? Would the noble Lord, Lord Horam, for example? We expect all sorts of other people to do it but we are not prepared to commit ourselves. Of course, this is also coupled with the extraordinary way in which we are so sentimental about workers in the care sector. We clap our hands and celebrate—I have done it—but where is the recognisable esteem in which we hold these people? We all know that they are grotesquely underpaid. We talk about them and how we will find sufficient numbers and all the rest of it; perhaps we should have at the top of our list proper remuneration for this highly demanding work.

A lot has been said about workers from outside Britain. It was quite insensitive because some of the most dedicated, loving care for those with serious conditions has come from those workers. Why can we not talk about them as people—fellow members of the human race—rather than as immigrants?

The amendment is important because we all know that the past summer—goodness knows what will happen this winter—has demonstrated an interesting contradiction. On the one hand, dedicated staff, against all the odds, have been doing their best in so many places to help those in great need, while we have failed to accord proper status in our social order to the people doing such work. It is surely because we have become a society in which success is regarded as a matter of how much money you make and how quickly you make it, rather than a society in which care, support and service to the community are regarded as of the highest order and significance. We have had a terrible crisis in the care sector this past year. May it not be repeated. Let us look at some of the underlying issues and put them right at once. The amendment will help us to introduce the necessary disciplines if we are to approach issues of this kind.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Young of Norwood Green, has withdrawn, so I call the noble Baroness, Lady Hamwee.

[Baroness Hamwee (LD)]

My Lords, the noble Lord, Lord Judd, has clearly passed on to his grandson the importance of contributing to service in its widest sense. I very much agree with his analysis but then I almost always do.

By definition, members of the largest cohort in the social care sector do not fall within paragraph 1 of Schedule 1 but are very much affected. They are certainly part of the social care workforce and are impacted by the availability of social care workers employed in the sector. I mean, of course, the many people who support and care for someone older, disabled or seriously ill at home. According to Carers UK, one in eight adults—6.5 million people—are so engaged. The carer’s allowance is around £67 a week. I could go on but I do not get the impression that noble Lords need to be convinced of the importance of the sector, including those who do not have formal, paid-for care at home or in a care home. The informal carers and those for whom they care are impacted as well as those in public or private employment. The number of those in private employment is considerable. The noble Baroness, Lady Masham, referred to the NHS.

That is not the only reason we support the amendment. The noble Baroness, Lady Finlay, in Committee, reminded us that there are 115,000 European nationals in the social care workforce, despite high vacancy rates. It is, as other noble Lords, have said, a skilled profession with some skills that cannot be trained into a person and come from one’s personality and often culture, and include physical fitness, as we were reminded by the noble Baroness, Lady McIntosh. At a previous stage of the Bill, the noble Lord, Lord Lilley, said that he would have supported similar amendments but for the absence of a reference to training, which is now included in the amendment—rightly so—because training in practical and technical matters is important. However, that does not detract from my observations about personality.

The need for carers will not diminish. My noble friend Lady Barker reminded us, although I do not need reminding, that many of us are ageing and do not have children to shoulder the work—and it is work —done by families, however lovingly. She gave us the figure of 1 million but one should add families with a disabled child, for instance.

Like my noble friend Lady Smith, I have a lot of sympathy with Amendment 30 and many of my comments apply to it. In Committee, the Minister relied on the MAC having licence to consider any aspect of migration policy. However, when prompted by yesterday’s report, I looked at the website—it may have been changed now—which referred only to commissions by the Home Secretary. However, the committee’s pursuit of the matter is welcome. The noble Lord, Lord Horam, will note that in quoting the chair’s reference to the

“struggle to recruit the necessary staff if wages do not increase as a matter of urgency”,

I am relying on a press release, not the 600 pages of the report.

As regards the amendment of the noble Lord, Lord Rosser, it is right that the assessment should be commissioned by the Home Secretary, because she should own the work. We are not “incurious”, as the right reverend Prelate said, and will support the amendment.

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[Baroness Williams of Trafford (Con)]

In that case, I agree with the noble Baroness. However, the main part of my point was related to the issue on which my noble friend Lady McIntosh challenged me. She asked whether, given my background, I could see the problems to which noble Lords are referring. I can absolutely see them. In fact, in 2005, when I was a new leader of a council, and David Cameron a new leader of the Opposition, he asked me what the biggest challenge was for local authorities. Straight off, I said social care, and, 15 years later, that remains the case. The noble Lord, Lord Judd, referenced those who care voluntarily. There are so many that they save the state billions of pounds a year for the work that they do without being paid. I therefore join noble Lords in paying tribute to this sector, which has done so much, particularly during the pandemic. As the noble Lord, Lord Patel, said, people in social care have given and lost their lives to the fight against the disease.

I turn next to points about the Migration Advisory Committee. First, I turn to the comment of the noble Lord, Lord Blunkett, which he has made before, about the contradictory nature of what we are debating. In one sense, we highly value our social care workers and in another, as someone else said, they earn less, in some cases, than retail workers. That is the challenge at the heart of this: social care needs to be paid decently and seen as a decent career path for people to want to go into it.

I could stand at this Dispatch Box and give my view on the silver bullet that would sort this all out, but I am afraid that I cannot. It is not that it is above my pay grade but, as my noble friend Lord Horam said, this is a challenge for every department and government —and, actually, every one of us. I had a chat with my noble friend Lord Hodgson before this debate; he is probably sitting there very frustrated because he did not put his name down to speak, and I know that he would have wanted to talk about the report that the MAC issued yesterday on the review of the shortage occupation list. One of its key findings is that senior care workers, nursing auxiliaries and nursing assistants should be added to the UK-wide shortage occupation list. The Government want to take time to consider carefully what the MAC has said—as noble Lords I have said, it is a 650- page document—before we take any final decisions, and we will of course respond in due course.

The noble Baroness, Lady Smith of Newnham, challenged me for a timescale, and “in due course” is about as far as I can go at this stage. The noble Baroness, Lady Jones of Moulsecoomb, talked about the devolved Administrations’ part in all this. Of course, it is a reserved matter. The new system will work for the whole of the UK and we have a national advisory group, with which we are engaged on the proposals, but it includes the Welsh NHS Confederation, Social Care Wales, NHS Scotland and Scottish social carers.

I turn to the amendments at hand. Amendment 3 returns to issues raised by the noble Lord, Lord Hunt of Kings Heath, in Committee, but it also incorporates a requirement to report on immigration routes for social care workers, which was raised during Committee by the noble Lord, Lord Patel, and goes to the essence of the amendment of the noble Lord, Lord Rosser, in Committee, about a specific route for the social care sector. During our debate in Committee, the noble Lord, Lord Hunt of Kings Heath, rightly highlighted the significant shortages in the social care sector, as did the noble Baroness, Lady Masham, amounting to around 120,000 vacancies. The noble Lord, Lord Blunkett, also talked about the high turnover, which I think I said was 31%, but he thinks might be even higher.

We must keep it in mind that that is the situation despite the fact that EEA and Swiss citizens have had, and continue to have, free movement rights up to the end of this year. The noble Lord also highlighted the fact that the social care workforce is made up of approximately 83% British citizens, 7% from the EEA countries and about 9% from non-EEA countries. What struck me as interesting about those figures is that a higher percentage of people from non-EEA countries than from EEA countries are working in social care, even though they have no dedicated route to do so. Currently, while social care workers do not meet the skills threshold, a range of other immigration routes are available to them which provide a general right to work, such as dependants, those on family routes or youth mobility.

As part of the UK’s new points-based immigration system, we are expanding the skills threshold, which will bring jobs such as senior care workers within scope of the skilled worker route. Increasingly, people of all nationalities will be able to benefit from this offer providing they meet the other requirements, such as salary threshold. However, I want to be clear that, as my noble friend Lord Horam points out, the Government do not see the immigration system as the solution to all issues in the social care sector. I think there is now general acceptance across your Lordships’ House that that is the case.

With that in mind, we are working alongside the sector to ensure that the workforce has the right number of people to meet increasing demands, with the right skills, knowledge and approach to deliver quality, compassionate care. The Department of Health and Social Care has launched a new national recruitment campaign called Every Day Is Different to run across broadcast, digital and social media. The campaign highlights the vital role that the social care workforce is playing during this pandemic, along with the longer-term opportunities of working in care.

The Government have also commissioned Skills for Care to scale up capacity for digital induction training provided free of charge under DHSC’s workforce development fund. This training is available for redeployees, new starters, existing staff and volunteers through 12 of Skills for Care’s endorsed training providers. The Government are committing record investment to the NHS, including the NHS long-term funding settlement, which has now been enshrined in law. At the Budget, the Chancellor outlined over £6 billion of further new spending in this Parliament to support the NHS. This includes £5.4 billion to meet our manifesto commitments of 50,000 more nurses, 50 million additional appointments in primary care, more funding for hospital car parking and establishing a learning disability and autism community discharge grant to support discharges into the community.

As my noble friend Lord Horam pointed out, we are also investing in social care. DHSC is providing councils with access to an additional £1.5 billion for adult and children’s social care in 2021. We have also announced £2.9 billion to help local authorities in response to the coronavirus crisis. The Department of Health and Social Care is also working closely with Skills for Care to help employers train new recruits and volunteers and to refresh the skills of its current workforce.

In Committee, the noble Baronesses, Lady Hamwee and Lady Masham of Ilton, highlighted that working in social care, especially when caring for people who have severe disabilities, requires much more than just technical skills. I totally agree. Social care jobs will not be for everyone. However, it is a sad consequence of the current pandemic that many people have lost their jobs. While not all of them will have the necessary caring skills, I think there are many people in the UK who really do care, and it is vital that we take the opportunity to emphasise the importance of social care work and ensure that it is a rewarding job for people.

The view that migration is not the solution to the challenges faced by the care sector is supported by the Migration Advisory Committee. My noble friends Lord Hodgson of Astley Abbotts and Lord Lilley referred to that in Committee. We need to make changes to the way we train, recruit , attract and, crucially, retain staff in health and social care, but without making changes, the immigration system will continue to be used as a failsafe to maintain a broken system that relies on bringing people in on minimum wage and holding down wages.

The Government continue to commission and fund a range of training opportunities to help recruit people into the sector and develop leadership within social care. This includes the Think Ahead programme, which has taken on more than 400 applicants since it was launched in 2015. It trains graduates to become mental health social workers. There is also the workforce development fund, which helped nearly 2,800 establishments to support nearly 14,500 learners in 2018-19. This fund will continue to focus on key priorities in future.

Turning to the specifics of the amendment, it is of course sensible that policies are kept under review—something the Government stand by in the current system and will ensure continues under new arrangements. We already have the MAC, and its advice has been accepted by all types of Government over many years. I know that some noble Lords do not share my views on the expert advice provided by the MAC, but surely there cannot be disagreement that the MAC has repeatedly considered the needs of the social care sector, as referenced by the report yesterday.

We should not take for granted the Government’s own extensive engagement with stakeholders across the whole of the UK, and indeed the critical role that this House plays in scrutinising policies and intentions. So I do understand the intent of the noble Lord’s amendment to ensure the protection of a vital sector. We already have a world-class independent body with new autonomy to review any part of our immigration system, as referenced today, in the last 24 hours. I hope the noble Lord will therefore feel that Amendment 3 is not necessary and will be happy to withdraw it.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

I have received no requests from noble Lords wishing to speak after the Minister, so I call the noble Lord, Lord Rosser, to reply.

[Lord Rosser (Lab)]

First, I share the views that the Minister expressed about the quality and value of this debate. I thank all noble Lords who have spoken and I thank the Minister for her response.

I think that there is a general acceptance that the social care sector is in crisis, with low-paid and undervalued skilled work, a very high staff turnover rate and a very high level of vacancies. On top of that, the crisis could well be exacerbated by abruptly closing down a significant source of labour from abroad in three months’ time. In response to my amendment, the Minister referred to the role of the Migration Advisory Committee. But the MAC is not a specialist committee on the social care sector, as, frankly, was indicated very clearly by its recent 650-page report, Review of the Shortage Occupation List: 2020, which simply indicates that it covers a wide breadth of sectors and occupations within those sectors and is looking at migration issues.

However, it is clear from the MAC’s recent report that it feels that the views it has expressed in the past have not had much impact, because it has made reference to “again” expressing concern about the social care sector, and to issues that it has been pressing “for some years”. I think this means that, while the work that has been done by the MAC over a number of years is to be welcomed, clearly it does not feel that that it has had much impact. Perhaps that is because it is not a specialist committee on the social care sector; it is a committee that looks at migration across the board.

I think that that makes the case that, in view of the crisis in the social care sector, which may well get worse at the end of this year in light of the changes to the immigration system, there is a clear-cut case for a stand -alone, in-depth, specialist report on the social care sector and the impact of the provisions of the Bill, as provided for in the amendment, and that it is needed now if the goals that have been set for the sector—goals relating to better pay, training, professionalism, a reduction in turnover and a reduction in vacancies—are to be achieved. We badly need this in-depth specialist assessment to be made, as called for in the amendment, and I do wish to test the opinion of the House.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The Question is that Amendment 3 be agreed to. The Question will be decided by a remote Division. I instruct the clerk to start a remote Division.