Brexit: UK-EU Movement of People (EUC Report)

Lord Green of Deddington Excerpts

Monday 17th July 2017 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, as recorded in this excellent report, on 17 January, the Prime Minister said in her Lancaster House speech:

“The message from the public before and during the referendum campaign was clear: Brexit must mean control of the number of people who come to Britain from Europe”.


In order to achieve this, the Government have undertaken to put an end to the free movement of persons, one of the four freedoms underpinning the single market. I congratulate the noble Baroness, Lady Prashar, and her committee on producing a report on this crucial area. It examines the Government’s pledge and what it might mean in practice. It states clearly and right up front that if Article 50 were to conclude with a hard Brexit, it would be a real problem. For its part, the UK could place EU immigrants on the same footing as non-EU immigrants; that is one option. At the other end of the spectrum, there could be new reciprocal and preferential arrangements for UK-EU migration falling short of free movement as it exists today, but coming close to it in some way.

The Government seem to want to put an end to free movement based on the Brexiteer mantra of, “Take back control and vote leave”. This is a big element of taking back control—the restoration of national control. However, we can see from the report that the reality is that three-quarters of EU migrants come to the UK either to work or to look for work. The unanimous view, whether it be that of the private sector or the public sector, is that these migrants are valued and want to work. We are talking about a work permit system. Employers have warned that this would disproportionately affect the ability of some employers to sponsor EU workers and could result in labour shortages. Moreover, the composition of UK migration to the EU is completely different from that of EU migration to this country. People who go to Europe from here are either retired or nearing retirement. They are over the age of 50. A reciprocal deal would not really be reciprocal because we are not comparing apples with apples, which is another challenge.

The Government have set out their direction of travel and they keep talking about “skilled” and “non-skilled” workers. This is a key aspect: where is the evidence for all this? The report highlights a major problem. What are we basing these statistics on? I challenge the Minister on this. I feel like a lone voice in the wilderness because time after time I have been asking like a stuck record both in Parliament and outside why the Government do not reintroduce physical, visible exit checks at our borders. I travel extensively around the world, including to European countries. Everywhere I go, whether it be South Africa, India, the United States or Switzerland—I have just come back from the Netherlands—my passport is checked when I go in and it is checked when I leave. If we scan passports both in and out of the country, we know who has come in, we know who has left, and therefore we know who is here and who should not be here. It is very simple, so why do the Government not do it? I tell them that it is negligent on their part. From the security point of view, given the dangerous world we live in, it is negligent. The Government’s primary responsibility is the security of their citizens, but they are letting those citizens down by not doing this, let alone not being on top of immigration. I am sorry, but e-borders are a nonsense because they are not visible or physical. Passports need to be physically scanned. That is my challenge to the Government. I have said it time and again and I will keep saying it until something happens.

EU immigration as a proportion of all immigration into the UK in 2016 was estimated at 44%. The Government want to reduce net migration to the tens of thousands. We know that the figure has been around 300,000 and that it is now about 275,000. In the year ending June 2016, some 49% of all EU immigration was made up of people from the old EU 15 member states, and by that month 72% of the EU nationals moving to the UK reported doing so in order to work. In contrast, the reason given by most non-EU nationals coming to the UK is to study, but we continue to include international students in our net migration figures. Once more, like a stuck record, I will ask the Government again: why do they not remove international students from the net migration figures? This is damaging our reputation. I am the chancellor of the University of Birmingham, a Russell Group university, one of the finest in this country and among the top 100 in the world, and I chaired the advisory board of the Cambridge Judge Business School. These institutions and everyone else are unanimous in asking, “Please take international students out of the net migration figures”. They can be counted as immigrants when we submit figures to the UN; that is fine, but take them out of these net figures. Our competitor countries, such as the United States of America, Canada and Australia, all do so.

Here we are with our international student intake either flat or declining while the number of international students from countries such as India is rising at a rate of 8% a year. The United States has seen an increase of 25% in the number of Indian international students while the number coming here has halved over the past five years. Wow, we are doing really well in this global race. International students bring £25 billion to the economy of this country. As the president of the UK Council for International Student Affairs—which represents the 450,000 international students in this country, of whom 130,000 come from the European Union—has said, they are a very valuable source of export income and they enrich the experience of our domestic students as well as the collaborations that are built up with foreign academics, many of whom are from the EU.

This is a point I have made time and again. We are worried about losing university research funding from the European Union, but we are more worried about losing our collaborations. When two universities collaborate anywhere in the world, the weighted impact of their research is three times higher than when they work on their own. Why do the Government not understand all this?

When we talk about weaknesses in the migration statistics, let us look at the International Passenger Survey. It is a joke. I have seen it. I have seen Jo Johnson, the Universities Minister, who I accompanied on a visit to India when the Prime Minister was there in November, being stopped and asked the International Passenger Survey. We started laughing.

The net migration figures exclude short-term migration flows, such as seasonal agricultural workers. I stumbled across a programme on Radio 4 in which the interviewer interviewed Romanian workers in east England, where there are lots of seasonal agricultural workers. They were very happy. The interviewer asked, “Have you ever had any British workers work alongside you?”. They replied, “Oh yeah, I think I remember one”. Then they interviewed the owner of the farm. They asked, “Are you happy with these workers?”, to which the owner replied, “They are excellent. They work really hard”. One of the Romanians said, “I am saving up money for my house in Romania”. The interviewer asked the owner of the farm, “Have you ever had any local, British workers working here?”, to which the owner replied, “Oh yes, we did hire one. He lasted one day”. The interviewer asked, “Which way did you vote in the European union referendum?”. The owner replied, “I voted to leave”. The interviewer asked, “Why?”—you could hear him muffling his laughter. The owner replied, “For sovereignty. Take back control and vote leave”. It is brilliant.

On Article 50, we will be negotiating with 27 countries to conclude this agreement. As predicted, the other 27 countries have said that when we are negotiating we cannot say, “We will have this movement of people with Spain and this movement of people with Romania”. We will have to have the same movement of people rule with the whole of the European Union. The emergency brake that the report has spoken about is a practical method that can be used. A work permit model would put it on the same footing as we have for non-EU citizens at the moment.

This point was brought up in the speech on construction: what would we do without these people? We keep talking about low-skilled and high-skilled people. Whatever skill you look at, we have 4.5% unemployment. That is the lowest level of unemployment in living memory. We have the highest level of employment in living memory. We will have a labour shortage without access to this free movement of labour from the EU. The CBI has concurred that the impact on wages would not be dramatic. The TUC has said that immigration was not the reason for low pay in specific sectors. The NFU does not expect,

“increased wages to result from a fall in EU immigration”.

On the low levels of unemployment, we have concluded that we will just hire British workers. What is stopping our employers from doing that right now? The Institute of Directors has said:

“The best way to control immigration and reduce employers’ reliance on recruitment from overseas is to increase the supply of British workers with the skills that those employers need”.


I ask the Minister: why is that not happening? We have had the option. We have the apprenticeship schemes. We are trying to skill up our local workers, but we still need these 3 million people from abroad. That is the reality. The British Chambers of Commerce has said that we,

“need to make sure that we can access the labour required … it is going to be very difficult to do that purely through UK workers”.

There is another point: if an EU person comes here and has not found work after three months we already have the ability under the rules to ask them to leave. Other European countries do that. We have an in-built system. Will the Minister confirm that that is the case?

This is the irony of what I call the wretched referendum: the report says that the UK and the EU,

“find themselves negotiating a Free Trade Agreement in reverse—starting from … full integration”,

and moving backwards. Normally with a free trade agreement you try to do it the other way round. We have skill shortages. In my business, Cobra Beer, we supply 98.6% of curry restaurants in this country. They cannot get the chefs they need. Why? It is because of our Immigration Rules. I have mentioned international students. Then there is the public sector. The argument made during the referendum was that EU nationals here are a burden on the state. The noble Lord, Lord Green, actually conceded that their impact is neutral. They are not a burden; the EU workers over here contribute six times more, in the statistics I have seen, than they take out. Their young do not use the NHS and they work in the public sector, whether it is the care sector or the health service—in every area they work in the public sector. Quite frankly, areas of the public sector would collapse without their contribution. Will the Minister confirm that we have already seen a 96% drop in applications for nurses from the EU? How will we make up this shortage?

I shall conclude by talking about the reality of the backdrop. Her Excellency Madame Sylvie Bermann estimates that there are 300,000 French people living in the UK. This figure could be higher. Approximately half of those people are highly qualified. Again, this is completely contradictory of the noble Lord, Lord Green, who said that these are primarily unskilled workers: these are highly skilled workers. Her Excellency said that the French community in the UK was “worried” and had lots of questions about the consequences and the great uncertainty. She reported a rise in xenophobic behaviour, which is really worrying.

The EU population represents 6% of the UK population, but 7% of the labour force. They are more likely to work than the native population, according to the Recruitment & Employment Confederation—81% compared with 75%. Relative to their share of the UK workforce, EU nationals are overrepresented in a number of sectors: 11% of manufacturing; wholesale and retail trade, hotels and restaurants 9%; transport 9%—I could go on. They are making a huge contribution. The creative industries respect and appreciate their collaboration.

I now come to the crux of it: public support for continued EU freedom of movement in exchange for access to the single market. A survey from just now—14 July—finds that Britons favour a deal that resembles Norway’s relationship with the EU. That very clearly involves the free movement of people. Cambridge University was a part of that survey. Here is the news: on free trade deals, the high commissioner of India has very clearly said that India has welcomed and wants to do a free trade deal, but it has to include talking about movement of people and students. India has nine bilateral free trade agreements in the whole world. The United States—the biggest economy in the world—has 20 bilateral free trade agreements around the world. Guy Verhofstadt has said:

“Improve the Brexit offer to EU citizens, or we’ll veto the deal”.


The EU has said very clearly that it is very disappointed with the proposition put by the British Prime Minister. Guy Verhofstadt and Michel Barnier are not going to accept the deal that is put forward and Guy Verhofstadt has said that it,

“seems that Britain wants to become the new champion of red tape”.

British public opinion has moved now. This is no longer a question of a soft or a hard Brexit. The country does not want a hard Brexit. When it comes to a soft Brexit, the reality is the public have seen very clearly that the Brexit emperor has no clothes. Quite frankly, there will be no Brexit.

[Lord Green of Deddington]

Before the noble Lord sits down, could he tell the House whether he agrees that we can continue with net migration of a quarter of a million indefinitely? If not, what would he do about it?

[Lord Bilimoria]

For a start, I challenge the net migration figures. We do not know what the accurate figures are. That is a challenge for the Government. The reality is that we have 4.5% unemployment. We need people from the EU and outside of the EU, whether they are academics or in any sector, private and public, otherwise this economy would not be where it is today—the sixth largest economy in the world.

--- Later in debate ---

[Lord Wallace of Saltaire (LD)]

My Lords, for me, the high point of this debate was when the noble Lord, Lord Cormack, remarked that picking strawberries is skilled work. I have spent most of the past three Sundays picking soft fruit, including gooseberries. I have scars all over my lower forearms to demonstrate this. To be told that this is skilled work was very pleasing. I shall go back and tell my wife, who merely did the jam, ice cream-making and other such things, that my work was at least as skilled as hers.

This excellent report emphasises that, fundamentally, movement of people is seen as an issue of sovereignty, on which the whole debate around the EU referendum was extremely confused. As the noble Lord, Lord Spicer, reminds us, the leave campaign was in favour of free trade for companies, for investment and in goods but in no circumstances for people. We are one of the most open economies in the world for foreign investment, so we welcome foreign companies but not foreigners—unless they are really rich, at which point, under the tier 1 investor visas, permanent residence can be bought. Under such visas, a rising number of Chinese and Russians whose wealth came from not entirely clear places were allowed in. Several of us have been involved in trying to change the rules on that and I am happy that the Government have now tightened them.

Given that we are a country which is remarkably open to foreign investment and is therefore dominated by multinational companies, talented young British people who want to rise to the top of those companies need to be able to work abroad and to be able to travel without the complications of getting visas to work in foreign markets. If multinational companies based in Britain, be they European, Japanese, Chinese or whatever, say to themselves: “Well, actually, promoting a Brit and making them work in Frankfurt for this year and Athens the next would be an awful nuisance because of the time it will take them to get visas”, they will promote French people, Germans and others instead. Another part of what has been wrong with our entire debate about leaving the European Union as far as immigration is concerned is that we have not thought about it as a properly two-way relationship.

Robert Goodwill has been quoted as saying to the committee that the UK Government do control their borders, at least in principle, but we have heard in this debate that, in practice, they do not manage that very well. I was struck some months ago when we had a question in this House about how many offshore patrol boats we had around the extensive maritime borders of the United Kingdom, to which the answer was a quarter of those that the Dutch have for their short coastline. I asked the Library to check this morning. I gather that we have fewer offshore patrol boats for our borders than any other EU member state except Belgium. That suggests that we are not really thinking about enforcing the rules. Many of your Lordships will have seen the NAO comment that there are more than 60 small ports within Britain which a member of any public authority, coastguard or police force does not visit for more than 12 months. Again, our borders are entirely open because we have had Governments so concerned with shrinking the state that they have given up on the idea that one must enforce control of our borders and existing immigration controls.

A lot of other noble Lords talked about the problems of statistics. The noble and right reverend Lord, Lord Eames, remarked that when you do not have the facts, perception becomes reality. I am very concerned by what I see as misperception in the white working-class estates of west Yorkshire and elsewhere which voted heavily for leave. There they believe that foreigners from Romania or elsewhere are taking their social housing and their jobs. There is very little evidence of this. An excellent article in the Financial Times on Portsmouth some months ago pointed out the widespread perception that most social housing there was now occupied by immigrants from the EU. Actually, the total number of people from the EU living in social housing in Portsmouth was three. That level of misinformation and lack of information is a tremendous problem for us all.

I will spend a little more time on the question raised in chapter 4: the pull factor of immigration from the European Union and the extent to which British employers prefer to recruit directly from eastern Europe rather than to train their own or recruit directly from here. I spent some time travelling around Yorkshire over the last four of five years asking small and large employers why they recruit directly from eastern Europe rather than look for people here. The answers are, first, that you cannot get trained people and, secondly, that the sort of people you get from Bradford, Wakefield or wherever it may be are often much less motivated, they tend not to turn up on time and go sick more often. Therefore the employers prefer Slovaks, Poles and the like.

That raises some large questions—whether or not we leave the European Union, or whatever we do about freedom of movement—about the structural weaknesses of our education and training system, in particular how it affects what one must call our underclass. That is, those whose grandparents worked in the mills, factories and mines and whose parents often managed to get only occasional work. These people go to underfunded schools—we had an interesting discussion earlier this afternoon about school funding—without decent careers services and they do not find a way into jobs. It is not that they do not want to find places. I work occasionally with a social housing association in Bradford which now runs its own apprenticeship scheme for training and retaining its own plumbers, electricians, bricklayers, plasterers and the like. It took in 10 people last year. It had 400 applications. A lot of young people in Bradford want training and cannot get it. Around Yorkshire I ask what is happening. They say, “Well, the big building employers do not want to take on apprentices because they are not sure they will want to take them through and retain them for four or five years. It is easier for them to recruit people from Latvia, Lithuania or Poland”. That is a huge problem, one that we must all address. It is not part of what the leave campaign told us about.

What about the Government? Nurses and teachers have been mentioned already, with the Government reducing the level of training for nurses when we need rather more of them. I have seen rather too much of the inside of some hospitals in the last year for various reasons. The Portuguese nurses who looked after me in St Thomas’s were superb. When I went into St George’s outpatients for some post-cardiac physio, the first thing that the Polish physio in charge of our course said to me was, “Do you still want us here or do you want us to go home?”. Of course, that was just after the referendum. The answer is that we need them here. They provide a very good service to our economy. We are not training enough nurses of our own, so they are even more important.

Clare Foges in today’s Times talks about the unfortunate bias of the current debate on immigration: the suggestion that somehow voting leave could solve our immigration problems and that European immigration is the key to that. The spectre of 80 million Turks swarming into Britain successfully blurred the issue between immigration from Europe and from the rest of the world. I must say to the noble Lord, Lord Green, that Migration Watch nurtured that popular perception, in alliance with the Daily Mail and others. Yet the Migration Watch website, which I looked at this morning, says:

“In the last decade only around one third of net migration came from the European Union—the rest originated from countries outside the EU”.


The overall population of the EU is falling. The surge of Polish, Romanian, Lithuanian and Latvian migration, which accounts for about half our current stock of EU residents, is finite. There are not that many more to come. Young Poles and Latvians are not having many children. The prospect of Brexit and the falling pound are already leading to a beginning of a return. The long-term immigration challenge we face, alongside other European countries, is from the rest of the world, where population is rising, climate change is making life more difficult and nasty regimes or violent conflict combine to push people north to struggle, if they can, across Turkey or the Mediterranean. For example, the population of Africa doubled in the last 25 years and will double again in the next 25 years. Where are those extra billion people likely to try to go? They will try to get out of their countries into a safer world. That is the immigration issue we should talk about.

So we are struggling with a distorted image. There is also a distorted image popular in the Daily Mail and elsewhere that all our European immigrants are Poles and Romanians living on benefits or taking low-paid jobs from the unskilled British. The Migration Watch figures show that 400,000 of the 3.3 million EU citizens from other countries living in the UK are Irish nationals. They will not go, even if we leave the European Union. It also shows that the third largest group in the UK are 300,000 German citizens, with 200,000 each from Italy and France. Overall, half of the EU arrivals in 2015-16 came from the 14 wealthy states of western Europe, not from Romania, Bulgaria and elsewhere.

The noble Lord, Lord Green, tells me that the reason Migration Watch statistics for Germans in Britain are 150,000 higher than the ONS statistics is that Migration Watch counts children as immigrants where one parent is born outside Britain. That puts me in mind that I am about to become the grandfather of an immigrant because my son’s American wife, currently living with him in Edinburgh where he teaches at the university—

[Lord Green of Deddington]

I think the noble Lord misunderstood what I said outside. I will correct that later with him—it is not of interest to the House generally.

[Lord Wallace of Saltaire]

I was merely about to say that if that were the case, our current Queen would be the first non-immigrant monarch since Queen Anne. Under that criteria, Prince Charles would also be an immigrant since his father was born in Greece. Again, one must be careful how we handle immigration statistics on one thing or another.

To conclude, we need a broader debate about the whole question of immigration. We live in a world in which we hope that our young people will travel, and study and work abroad. Some of them will marry people from other countries and, we hope, bring them back to live here. That is the nature of the world in which we live and we do not want to make that too much more difficult. We recognise that we also live in a world in which the global population is rising and there are many insecure countries from which people want to flee. That poses huge questions for us which are nothing to do with whether or not we stay in the European Union.

National Identity Cards

Lord Green of Deddington Excerpts

Tuesday 14th March 2017 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, does the Minister accept that, since exit checks were cancelled about 20 years ago, we have not had the slightest idea who is on this island? Will the Government therefore look again at this issue and perhaps take up an idea first proposed by the noble Lord, Lord Blunkett, that we could start with passports, which are already owned by 80% of the country’s population? There is surely a way forward here and we should take it.

[Baroness Williams of Trafford]

The noble Lord has highlighted the merit of exit checks, which we have previously discussed. They were reintroduced in May 2015 and those data will prove valuable.

Immigration: International Students

Lord Green of Deddington Excerpts

Wednesday 14th December 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, there is no cap on the number of students who come here. As long as students are compliant with immigration rules, they should make only a very limited contribution to the migration numbers. The Government’s ultimate goal is to get migration numbers down to the tens of thousands rather than the hundreds of thousands, but that will take time.

[Lord Green of Deddington (CB)]

My Lords, does the Minister agree that the student situation has moved on? The problem has always been the 70,000 for whom there is no evidence of departure. That is roughly half the size of the British Army. Therefore, the issue has to be tackled. However, exit checks are coming into force and fairly soon we will have a much better handle on how many are overstaying. That, I suggest, will make it much easier to deal with the policy changes that a number of noble Lords have suggested.

[Baroness Williams of Trafford]

The noble Lord is right to bring up exit checks. The Home Office continues to analyse and assess the element of the exit check data which has been in place since April last year in relation to specific cohorts, in order to understand the extent to which the estimates provided are statistically robust. That level of detail is not yet available but the noble Lord is right to raise this issue.

Brexit: Immigration Policy

Lord Green of Deddington Excerpts

Wednesday 30th November 2016 Lords Chamber

Asked by

[Lord Green of Deddington]

To ask Her Majesty’s Government when they plan to outline their objectives for the negotiations concerning the immigration regime for European Union citizens, following the United Kingdom’s withdrawal from the European Union.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Prime Minister has said that Article 50 will be triggered before the end of March 2017. We are still forming our negotiating position and are not going to offer a running commentary. It would be wrong to set out timelines before entering a negotiation. We want to get the right deal for Britain, not just the quickest one.

[Lord Green of Deddington (CB)]

My Lords, I thank the Minister for that response, and I declare a non-financial interest as chairman of Migration Watch. I entirely understand the Government’s reluctance to set foot on what is likely to be a fairly slippery slope, but does the noble Baroness agree that it is going to be really difficult for the Government to stick out for three or four months with nothing more to say than, regrettably, she was able to say today? Will she therefore study the 10 key objectives that we published today to see whether they provide a suitable framework for this absolutely key aspect of the forthcoming negotiations?

[Baroness Williams of Trafford]

I thank the noble Lord for that. I have read the report and the recommendations, and I welcome the report. The Government have been clear that as we conduct our negotiations it must be a priority to regain more control of the numbers of people who come here from Europe. It would not be right, therefore, for us to give a running commentary on negotiations.

Immigration: Overseas Students

Lord Green of Deddington Excerpts

Thursday 17th November 2016 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, I thank the noble Lord, Lord Lucas, for initiating this debate, but I think my contribution to it may be slightly different from that of some of the previous speakers. I am sure that the noble Duke, the Duke of Wellington, will be glad of that. I should first of course declare an interest as chairman of Migration Watch, unpaid of course, and I think I should say from the outset that while I am strongly opposed to mass immigration I am firmly in favour of a moderate level of immigration, and that surely is a natural part of an open society and an open economy. So I readily join with noble Lords, all of them in fact, who have spoken of the value of foreign students to our economy and our universities, and as “ambassadors” for the UK on their return. I have met them myself all over the world. Indeed, there is very little in what noble Lords have actually said in the debate with which I would disagree.

But most of the arguments that have been made fall to the ground if the students concerned do not return home, and that is where the issue lies. The noble Lord, Lord Lucas, asked what the problem is with that, so perhaps I can help. The problem is the elephant in the room. The elephant is that the system—and we must recognise it—for the admission of students to the UK is in recovery mode. Some noble Lords will remember that following the introduction of the points-based system by the previous Government in, I think, 2008, student visas shot up from 230,000 a year to 300,000 in one year. Indeed, in late 2009 consulates in the Indian subcontinent and China had to be closed to student applications for several months. A review conducted by the National Audit Office in 2012 found that, in 2009 alone, between 40,000 and 50,000 students had entered the UK for work rather than study, as it put it rather delicately. In other words, there was massive abuse that in the longer term could only be damaging to our reputation as a source of education. Fortunately the Government have clamped down on it; I recognise that. To a certain extent this is ancient history, but it illustrates the pressures that can so quickly develop in the system. As one noble Lord mentioned, 850 bogus colleges have been closed down. But that is the background which cannot be ignored, and it seems to be the reason that underlies the Government’s policy, which we definitely support.

Despite that chequered but important history, the present regime for foreign students is actually a generous one. There is no limit on the number of genuine students—I stress the word “genuine”. There is no cap on those who wish to switch to work provided that it is graduate work and that they earn £21,000 a year. So I have to say that I am rather surprised by the continuing barrage of negative publicity about the offer that the UK gives to foreign students. It is not coming from the Government and it is certainly not coming from Migration Watch. It appears to be coming from the sector itself, but that is surely damaging to its own interests. As the noble Baroness, Lady Chakrabarti, mentioned, perceptions are very important. If all people hear is constant complaints from every academic in human history, they will think that something is seriously wrong. Would it not be much better for the sector to emphasise the positives of our offer and, where there are problems, to sort them out privately and quietly with the Government, as the noble Lord, Lord Lucas, suggested?

Underlying this is a disconcertingly wide gap between the inflow and outflow of students as measured by the International Passenger Survey—if that is correct. The average inflow for the past four years has been 127,000 and the average outflow 47,000, so there are 80,000 students a year over those four years for whom there is no evidence of departure—there is no doubt about that much. That is a huge number; it is about a third of all non-EU migration. It is quite possible that the exit checks that have just been installed show that that has been an undercount, but we will see. Rumours of 1% are extremely unlikely—that would mean that the IPS was missing 75,000 students a year, which is hardly possible. The prudent course has to be to await clarification before revising policy in either direction.

At least 10 noble Lords have called for the student numbers to be taken out of the immigration statistics. That is the worst possible route to take. As everyone knows, an international migrant is defined on a basis agreed with the United Nations. That is why all our competitors—yes, all our competitors—include them in their migration statistics. Indeed, it is the key to understanding demographic change and we must not fiddle about with it for other purposes. In any case, it would not work. The press would immediately add in the figures for students and the Government would be perceived as fiddling the figures on a matter of real importance to the public. They are right to rule it firmly out.

There have been a number of calls to widen the scope of post-study work but it is interesting to note that, when it was made a requirement that such work should be at graduate level, the number of foreign students taken in by employers fell from 55,000 in the one year to 6,000 in the next. It seems that industry was not desperate for their services.

I conclude as I began: I favour foreign students, provided that they are genuine. We must make sure that they are. In practice, that will turn on developing the exit checks which are now at a very early stage.

Brexit: EU Citizens

Lord Green of Deddington Excerpts

Monday 24th October 2016 Lords Chamber

[Baroness Williams of Trafford]

My noble friend articulates that very well—far better than I could. I will certainly take those points back.

[Lord Green of Deddington (CB)]

My Lords, perhaps I may help the Minister by asking a different question. Can she tell us which, if any, other Governments in the European Union have issued the kind of guarantee that has been mentioned this afternoon? If they have not given any such indication, why should we?

[Baroness Williams of Trafford]

My Lords, I cannot answer the noble Lord’s question, but maybe that comes back to the previous point that we are leading by example.

Student Visas: Pilot Study

Lord Green of Deddington Excerpts

Wednesday 7th September 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, student exchange schemes should not be affected by this at all, given that they are in the education system.

[Lord Green of Deddington (CB)]

My Lords, would the Minister agree that what is really important in post-study work is that the students, or rather the graduates, are required by employers? Would she agree that the change that the Government have made focuses on that and creates a much more effective situation?

[Baroness Williams of Trafford]

I agree wholeheartedly with the noble Lord’s point; the students entering into employment are doing so in sectors that require their skills.

Migration

Lord Green of Deddington Excerpts

Monday 6th June 2016 Lords Chamber

Asked by

[Lord Green of Deddington]

To ask Her Majesty’s Government what further steps they intend to take in order to reduce net migration to the United Kingdom.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we remain committed to bringing migration down to sustainable levels. The EU changes which the Prime Minister has secured will reduce the artificial draw of our welfare system. We are cutting abuse and raising standards on non-EU visa routes. The changes that we are making to the work visa system and implementation of the new Immigration Act will seek to challenge the permissive environment of the past.

[Lord Green of Deddington (CB)]

I am grateful for that response. Is the Minister aware that the population projections that underlie all the Government’s policies simply assume that net migration will fall by 40% and stay down? Does he realise that, if the current levels of immigration should continue, we will have to build a new home every four minutes, 24 hours a day, just for new migrants and their families? Will he therefore urge the Chancellor to put much more serious resources into the immigration system to restore its effectiveness?

[Lord Keen of Elie]

The Government recognise that a growing demand by way of immigration has to be dealt with and can mean increased pressure on housing and public services. That is why we are working across the Government to reduce net migration to sustainable levels and delivering the investment this country needs to provide sufficient housing and effective public services.

Immigration Bill

Lord Green of Deddington Excerpts

Monday 21st March 2016 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, I have one brief question for the Minister, who is going to rehearse the various stages of the resettlement schemes over the past few years going back to before he came to the Front Bench. Is it not the case that the Government dragged their feet rather with the original UNHCR resettlement scheme, which would have been very similar to the scheme before us? Could he not therefore make up the ground, because I think the Government have already made their decision?

[Lord Green of Deddington (CB)]

My Lords, the noble Lord, Lord Hylton, has correctly anticipated the thrust of my response to his amendment. There are of course provisions in the Dublin regulations for uniting refugee families and they are being implemented, albeit very cautiously—I accept that—but this amendment throws caution to the wind.

Subsection (1)(a) of the proposed new clause in Amendment 120 provides for almost any relative of a person settled in Britain to be treated as a refugee and admitted to the UK. All he or she would need to do would be to register as a refugee with the UNHCR, so there would be little of the careful investigation of individual circumstances that applies to those who claim asylum in Britain. We would in effect be outsourcing decisions on refugee status as well as risking the development of very large numbers indeed. The second part of the proposed new clause, subsection (1)(b), is not much better. Almost any relative of someone granted refugee status in Britain would automatically be admitted, irrespective apparently of their particular circumstances.

Let us not forget that, in the past 10 years alone, some 87,000 people have been granted asylum or humanitarian protection in Britain. This amendment would throw open the door to literally hundreds of thousands of people, whether or not they themselves were in danger. Let us not forget either the question of cost, which in this context I will raise. The costs are huge. Those granted refugee status are entitled to full access to the benefits system, to the National Health Service and to social housing, where they tend to get priority because their needs are probably greater than those of many of the indigenous population. I find it surprising, actually, that such a proposal should be made when Europe is almost overwhelmed by enormous numbers of refugees and asylum seekers making their way to this continent.

I think that the amendment should be firmly resisted, but Amendment 122A is a much more realistic proposal. The fact that it uses the word “may” rather than “must” is a help, and it sets a number, which is also a help. We have to recognise that whatever limit is set would come under pressure, but it seems to me a viable start, whereas Amendment 120, in my view, is not.

[The Lord Bishop of Norwich]

My Lords, I rise to speak briefly in the absence of the right reverend Prelate the Bishop of Southwark, who is a co-sponsor of Amendment 120. I will not repeat the cogent reasons for the amendment set out so well by the noble Lord, Lord Hylton, but I will offer one observation which I think also applies to the amendment proposed by the noble Lord, Lord Alton.

There is one outstanding reason for these amendments. It is that stable families make stable societies, which in turn make for a more stable world. Do we appear to believe this? A visitor from another planet attempting to understand our Immigration Rules—it would need to be a very intelligent life form to do so—but it would be unlikely to conclude that we did all we could to enable family reunion; quite the reverse. What sort of system permits refugees to be reunited with children aged under 18 with spouses or partners, but children who are recognised as refugees have no similar right to be reunited with their parents? They must rely on discretionary provision, which is frequently not given. Hence a child granted refugee status may have to endure prolonged family separation. The argument for this anomaly, which is the most polite way of referring to it, is that to grant family reunion will feed the practice of people smuggling and may cause hazardous and dangerous journeys to be undertaken. The probability must surely be that illegal means of travel and entry are more likely to be attempted than less.

Reuniting a family creates the sort of economic, social and emotional support that people need. It may well save money from the public purse that would otherwise be expended on dealing with the traumas and mental unhappiness caused by enduring family separation. I believe that the present rules do families no service and do our society no good. I hope that the Minister will look favourably on the spirit of these amendments and upon the value of family life as well.

--- Later in debate ---

[Lord Green of Deddington]

My Lords, the hour is very late. I shall be very brief. I find myself on this occasion in broad agreement with the interventions in this debate. The abuses in Iraq and Syria are repulsive and surely can only amount to genocide. I therefore welcome effective action in respect of Christians and Yazidis in Iraq and Syria.

I will just make two practical observations. The first refers to proposed new subsection (1), which is very widely drawn. We could at some future date find that literally millions of people qualified for the presumption that they met the qualifications for asylum in the UK. In the past five years alone, the office of the UN special adviser on the prevention of genocide has named five countries as being at risk: Syria, Sudan, South Sudan, Libya and Ivory Coast. Any of these situations could descend into genocide in the coming years, so it follows that a blanket clause in our immigration law could prove to be a serious hostage to fortune. I am not sure how that can be dealt with. A limit of numbers is a possibility. That was touched on by the noble Lord, Lord Alton, and the noble Baroness, Lady Cox, and might be a way forward on that point. But above all, it is surely essential to avoid a situation where a thoroughly well-intentioned statement sets off a wave of humanity that has reached the limits of its endurance. I leave it to the proposers to consider that point.

My other observation refers to proposed new subsection (3), which envisages British missions overseas assessing applications. I agree with the noble Lord, Lord Pannick, that that is a difficult road to go down; I think the noble and learned Lord, Lord Brown, had similar doubts. It is not hard to imagine a ghastly event in Sudan or somewhere leading to hundreds of claimants camping outside some of our missions. It might be possible to engage the UNHCR in the process. If it does not have that capacity, we might be able to consider, for example, sending a team of British officials deployed for this purpose in situ. They might be established somewhere appropriate, perhaps in a refugee camp near the border with the country concerned, but certainly not in a mission, which would very soon be swamped.

The practicalities clearly need some further thought and we should not overlook the point that to move away from the fundamental principle of claiming asylum in the UK is a major departure. That said, I think we must find a way to tackle this ghastly situation—to break, as the noble Baroness, Lady Kennedy, put it, the cycle of inertia.

[Lord Farmer (Con)]

My Lords, I, too, will be brief. There can be no doubt that the noble Lords, Lord Alton and Lord Forsyth, and the noble Baronesses, Lady Cox and Lady Kennedy, have brought an issue of the most profound gravity to our attention, and they have done so with characteristic eloquence and passion. It is essential that Parliament takes the time to consider the appalling treatment meted out to Yazidis and Christians, the threat of extinction that faces these ancient communities, and what our considered response should be to this genocide claim. What is being proposed today is that we amend primary legislation in far-reaching ways with minimal consideration and debate. Surely a better way forward would be to establish a specific review that does justice to the enormity of the issue that is before us today, which would then be the subject of a sufficiently lengthy debate in both Houses.

--- Later in debate ---

[Baroness Hamwee]

My Lords, at the previous stage my noble friend and I tabled an amendment that sought to change the financial thresholds that currently apply to spousal visas. The Minister gave as one argument for the threshold the need to protect families, saying that the Government want to see family migrants thriving here, not struggling to get by. But separation does not help people to thrive. The Minister thanked my noble friend for raising our sights at that point by talking about love. So instead of another amendment on financial thresholds, my noble friend and I have decided to say what we mean, which is this: do not set a financial threshold on love.

[Lord Green of Deddington]

My Lords, the amendment simply deletes a key requirement in a spousal visa. Noble Lords will remember that the Migration Advisory Committee was invited to make recommendations on what should be a threshold. I take the point that the noble Baroness would not like a threshold at all, but the recommendation was £18,600 as the level at which no income-based benefits were paid. The level at which the overall costs to the Exchequer would be zero was £40,000. That gives an indication of the cost to the taxpayer of abolishing this income requirement. It is surely not right that the taxpayer should be obliged to subsidise at such a considerable level the arrangements of other people. This amendment would drive a coach and horses through that requirement, and I hope that it will be opposed.

[Lord Ashton of Hyde]

My Lords, I thank all noble Lords who have spoken on this amendment and I appreciate the knowledge and the strength of feeling of the noble Lord, Lord Teverson. He has put this as a matter of fundamental principle. I respect that, but I am afraid that we disagree on it, and I shall try to explain why the Government feel like that.

The amendment concerns the family Immigration Rules for British citizens which also apply to those who are settled in the UK and those here with refugee leave or humanitarian protection to sponsor a spouse or partner to come and remain in the UK. Of course, we welcome those who wish to make a life in the UK with their family, to work hard and to make a contribution. However, we believe that family life must not be established here at the taxpayer’s expense and that family migrants must be in a position to integrate into British society. That is fair to the applicants and to the public and it is the basis on which the family Immigration Rules were reformed in July 2014 by the coalition Government.

The amendment would reverse those reforms by removing all requirements except the requirement that the marriage or civil partnership is not a sham. So the effect of the amendment would be to remove the minimum income threshold and accommodation requirements; to remove the requirement for basic English language speaking and listening skills; to remove the suitability requirements which prevent a foreign criminal from qualifying for leave; to remove the minimum age requirement; to remove the requirements which prevent the formation of polygamous households and prevent those with a prohibited degree of relationship from qualifying; and it would run counter to Parliament’s view of what the public interest requires in immigration cases engaging the qualified right to respect for family life under Article 8 of the European Convention on Human Rights as set out in the Immigration Act 2014. This would undermine our system for family migration. Understanding basic English and being financially independent, for example, help to ensure that the migrant spouse or partner can integrate and play a full part in British society.

--- Later in debate ---

[Baroness Hamwee]

My Lords, my noble friend filleted his remarks rather skilfully. I have been trying to do the same, but I think they are going to come out a little disjointed. I am sure we will be told that we will have the opportunity to scrutinise the proposals when regulations are laid. However, I think we know that we can debate but not scrutinise effectively when we have unamendable regulations.

In the public sector generally, particularly the health and education sectors that are publicly funded, I wonder whether there is a risk that the charge will in effect be recycled back into the sector—less all the administrative costs that are lost along the way—if the sector can actually train via apprenticeships. That is not, of course, the case for doctors and many other front-line healthcare professionals. Yesterday, when I was preparing a very much longer speech than this, I wondered about the logic of a charge whose effect may well be to reduce the contribution of skilled workers because employers will simply not be able to afford them. We may be left in a worse position than we are in now. Undoubtedly, we should have enough information to be able to debate these very significant proposals, at the stage of primary legislation, in an effective, possibly even constructive, fashion. It is very disappointing that we are left without that possibility.

[Lord Green of Deddington]

My Lords, I very much agree with the thrust of the contribution of the noble Lord, Lord Wallace of Saltaire. I think he was absolutely right.

[Lord Bates]

My Lords, I thank the noble Lord, Lord Wallace, for moving the amendment. We have to remember that what we are seeking to do here is to introduce a levy in order to bring about some behavioural change in the way that people think about recruitment. For far too long it has been an automatic thought to recruit people from outside the European Economic Area without giving proper attention to whether those skills are there in the resident labour market. The immigration skills charge is seeking to provide some funding, first, to see if it causes the organisation to stop and think about whether there are alternatives from the resident labour market and, secondly, to provide some additional support through the funds raised by the levy.

Given the hour—and of course the noble Lord is familiar with the points I made in Committee—I am happy to put further thoughts in writing to him if that would be helpful. I will just deal with some of the particular points that he and other noble Lords raised.

There are exemptions to the charge. An exemption will be applied to migrants undertaking occupations skilled to PhD level. I would have thought that the noble Lord, Lord Renfrew, in terms of academia—

Immigration Bill

Lord Green of Deddington Excerpts

Monday 21st March 2016 Lords Chamber

[Baroness Neuberger (LD)]

My Lords, I support the amendment and congratulate the noble Lord, Lord Dubs, on moving it. My uncle came here at the age of 13—he would have failed the 12 year-old cut-off point—as a semi-unaccompanied refugee from Nazi Germany; my mother was an adult when she came. I want to say something about the courage of the British Government at that time. When we talk about not wishing to accept the amendment, we should think about just how brave were the British Government against other Governments who did not wish to show such generosity and kindness in the late 1930s and in 1939 itself. The noble Lord, Lord Dubs, paid tribute to Sir Nicky Winton, but, wonderful as he was, he was not alone—there was Trevor Chadwick, who worked with him. There were also British diplomats around Europe, particularly in Germany and in Austria, who played a major role in helping Jews and left-wingers get out of Germany and Austria. I pay particular tribute to Robert Smallbones, Arthur Dowden and the MI6 spy, Frank Foley, who does not receive enough tribute.

The reason for supporting this amendment is not only the moral one—it is the least that we can do—but something about what Britain is and what Britain should be and setting some kind of example. We could do it in the 1930s. Why cannot we do it now?

[Lord Green of Deddington (CB)]

My Lords, this is a very difficult issue. The heart indeed speaks strong and it beats particularly strong, it seems, in this Chamber, but we also have to think it through a little. I entirely understand the good intentions behind the amendment, and nobody is better placed than the noble Lord, Lord Dubs, to propose it and the noble Lord, Lord Carlile, to speak to it. I would be perfectly content to support a Motion calling for HMG to accept a larger number of children and their families from the refugee camps elsewhere in the region. It is not a question of cost; it is a question of need and one that we should be ready to meet.

My concern is that the amendment refers specifically to unaccompanied children in Europe. These children are already in Europe and are initially the responsibility of the Governments in the countries where they find themselves. The idea seems to be that we, the UK, should take a fair share of these children, who indeed find themselves in terrible circumstances. But there is a risk, which we cannot dismiss—it is a serious risk—that in doing so we will make a bad situation even worse. We are not dealing here with a finite number of children—it is no use saying, “There are 24,000 children; we will take 3,000 of them”. We are dealing with a situation in which the families concerned have come to the view that if they can only get their children into Europe, they will be looked after, and as a secondary consideration they themselves might be able to follow them up later.

To my mind, the follow-up adults are not the issue, rather it is the risk that still more children will be put at very serious risk. A well-intentioned action could have the perverse effect that many more thousands of children will be sent off to face the terrible conditions that have been described. If so, we would not be solving the problem, and indeed we might be exacerbating it. That is why I believe that the Government are right to take refugees from the region, but not from Europe. It is unsatisfactory, but it is perhaps the least bad outcome. We have to consider this carefully. A point which has frankly been ducked in this debate—I think only one speaker has mentioned it—is the risk that this will generate very large numbers of children being put at risk and make a bad situation worse.

[Lord Scriven (LD)]

My Lords, I rise to make two brief points. The first is in response to the noble Lord, Lord Lawson, who talked about anyone over the age of 12 not being vulnerable. I find that a quite incredible thing to say, not just in the sense that 13, 14 and 15 year-olds are vulnerable, but because when we talked about votes for 16 and 17 year-olds in your Lordships’ House, people on those Benches were saying that 16 and 17 year-olds were not mature. So there is a form of hypocrisy here in terms of the age of those who are seen as vulnerable.

My second point is that it is a complete nonsense to suggest that this amendment from the noble Lord, Lord Dubs, would act as a pull factor. It suggests that parents and children are sitting in a war-torn part of the world and suddenly say that because 3,000 children have been accepted into the United Kingdom they are going to send their children here. People are fleeing because they fear for their children’s lives and their own lives, not because of some rational thought about what is being said in the sanitised, oak-panelled walls of this Chamber.

I end by saying this. I was brought up to do the right thing, not necessarily the easy thing or the technical thing about the territorial boundaries of where a child in need is. The amendment moved by the noble Lord, Lord Dubs, is the right thing to do. It is the moral thing to do. It sends a message about the morals of this country: that we open our hearts and our arms to those in greatest need. We do not turn our backs on vulnerable children.