Immigration Rules: Statements of Changes

Lord Green of Deddington Excerpts

Thursday 27th May 2021 Lords Chamber

Moved by

[Lord Green of Deddington]

That this House regrets that the Statements of changes to the Immigration Rules (HC813, HC1043 and HC1248), published respectively on 22 October 2020, 10 December 2020 and 4 March, do not provide clear and comprehensible descriptions of the changes proposed, nor of their likely effect. Special attention drawn by the Secondary Legislation Committee, 33rd and 40th Reports, Session 2019–21.

[Lord Green of Deddington (CB) [V]]

My Lords, I originally laid three Regret Motions in protest at the Government bouncing through a huge change to the immigration system with minimal discussion in this House. In the new Parliament, they have now been consolidated into the single Motion before us. Statutory instruments have long been used for the endless and minor adjustments to the Immigration Rules that become necessary from time to time, but this was a massive reform of the entire system. Furthermore, it was a matter of considerable public concern and should therefore have been properly scrutinised.

I will focus on the trenchant report by the Secondary Legislation Scrutiny Committee on HC813, which deals with immigration matters; I will not deal with asylum today. This report considers the statement of changes in Immigration Rules, which runs to 500 pages, with an Explanatory Memorandum of 50 pages. My Motion declares that these documents do not provide a clear and comprehensible description of the changes proposed, nor of their likely effect.

The scrutiny committee had three major criticisms: first, that major developments of policy should not be included in such instruments; secondly, that it had proved difficult to identify the actual intent of the policies; and thirdly, that it was difficult to see whether any important protections had been lost. On the first point, these are not just major policy developments; they amount to the most significant change in our immigration system for half a century.

On the second point, the actual intent of these new policies is now clearer from the Government’s New Plan for Immigration, which was published two days ago. It is, indeed, a cause for concern. For example, the level of skills required is to be reduced from degree level to A-level. At a stroke, this massively increases the pool of labour from abroad on which employers can draw. The Migration Advisory Committee has called this requirement “very important” in practice. Furthermore, the general salary threshold is to be considerably reduced to £25,600 a year. An even lower threshold—£20,500—will apply to so-called new entrants. That salary is only just above the national living wage. The effect, therefore, can only be to reduce the incentive for employers to train British replacements.

As for the loss of important protections, one example is that employers will no longer be required to advertise in the UK before looking to fly in workers from around the world. This comes at a time when UK unemployment, especially among the young, may well be increasing rapidly. Overall, the scale of the changes to the work permit system is simply huge. They involve opening up approximately 7 million UK jobs—I have said that before, and I say it again: 7 million UK jobs—to new or increased international competition from all over the world.

The Government have declined to say the number of people worldwide who would meet the new and lower requirements, but it must run literally into hundreds of millions. Obviously they will not all come, but the Government’s impact assessments have, in our view, rather limited credibility. Nor does any of this take account of the Government’s undertaking to accept, including for settlement, as many as 5.4 million British nationals overseas now in Hong Kong, who might decide to move to the UK at some time in the future.

The upshot is that we are being launched on a course with very serious economic and political consequences, but without any effective discussions in this House, as I keep saying. Given all the uncertainties, it would surely be common prudence to have measures available to bring the numbers under control.

The Government have repeatedly promised “firmer control” of immigration. Indeed, during the last election the Prime Minister confirmed on television that this meant reducing it—yes, reducing it. Meanwhile, a recent opinion poll finds that nearly 60% of the public—nearly 30 million people—think that the level of immigration to the UK has been too high over the past decade. It is therefore very concerning that the Home Secretary, when presenting her new plan for immigration, refused to say whether the result would be an increase or decrease in net migration. She said that she did not want to get into “the language of old”.

This comes after a period of 20 years in which foreign net migration has averaged nearly 300,000 a year and has accounted for over 80% of our population increase. Even today, it requires us to build 300 new homes every day to accommodate the new citizens. The truth is that the arrangements incorporated in these statutory instruments are much more likely than not to lead to a considerable increase in net migration and regrettably to deep concern among those most directly affected.

Finally, I fear that it looks as though those who voted in the expectation that immigration would be effectively controlled and reduced, whether at the time of Brexit or in the 2019 so-called red wall election, will all be very disappointed. I am afraid they may well feel that they have been deceived.

--- Later in debate ---

[Lord Green of Deddington (CB) [V]]

My Lords, I am grateful to the Government for providing time for this debate, albeit a little late in the day, and to the Minister for her responses. I was, however, alarmed that she should say that immigration policy is not about numbers; they are surely a major part of all this, for reasons that were very well explained by the noble Lords, Lord Horam and Lord Hodgson. At the same time, of course, there is a clear case for immigration, expressed very eloquently by the noble Lord, Lord Bilimoria, although perhaps it was a little rosy at times.

Finally, for my part, my concern is not with immigration but with the scale of it. When travel, and indeed life, returns to normal, I shall be watching the numbers very carefully, whether or not they are “the language of old”. I beg leave to withdraw the Motion.

Motion withdrawn.