Immigration Bill

Lord Hannay of Chiswick Excerpts

Thursday 3rd April 2014 Lords Chamber

Moved by

[Lord Hannay of Chiswick]

23: Before Clause 19, insert the following new Clause—
“Exemption to charges under Part 3
No restrictions on access to tenancies or charges for services under this Part shall apply to persons—(a) holding Tier 4 (General) visas sponsored by a recognised higher education institution, or(b) holding Tier 2 visas and registered in full-time undergraduate or postgraduate study at a recognised higher education institution.”

[Lord Hannay of Chiswick (CB)]

My Lords, this is the fourth occasion in recent weeks that the House has debated the cumulative negative impact that the Government’s immigration policy is already having, and is set in future to have, on the higher education sector, one of Britain’s most buoyant and valuable assets. Amendment 23 is designed to avoid that negative impact.

First, I will say a word or two about detail. I and my co-sponsors have not moved, as we did at the Committee stage, to exempt undergraduates and postgraduates from the streamlined appeals procedure. We listened to the arguments advanced by the noble and learned Lord, Lord Wallace of Tankerness, in Committee and concluded that the arguments for and against the new procedures were sufficiently well balanced, so far as students were concerned, to justify reluctant acceptance. We have also removed from the scope of the carve-out proposed in our current amendment the issues of bank accounts and driving licences to meet the points raised in Committee by the noble Lord, Lord Taylor of Holbeach.

I shall say a word now—I hope a final word—about the ways statistics on migrants are compiled in this country and then submitted to the UN, an issue highlighted again this week by the publication of the extremely worrying figures from the Higher Education Funding Council for England which demonstrated, yet again, that the optimism expressed by the Minister in previous debates was a bit wide of the mark. As the noble Lord said in his very welcome letter of 24 February, these statistics are already, since last year, disaggregated so that students can be distinguished from other migrants, even though the net migration figures are re-aggregated for the purposes of submission to the UN. However, we are not talking about the way in which the Office for National Statistics compiles statistics. We are talking about the public policy implications in our immigration policy for this category, which is already recognised, as I have said, as being distinct. On that, we are proposing an approach which has been vigorously promoted for several years by six Select Committees of both Houses.

I very much welcome what the report of the noble Lord, Lord Howell Guildford, on UK soft power had to say, which was identical to what was said by the other five committees which had already reported. This view has been supported by members of all three main parties and of none: quite simply, that we should remove full-time undergraduate and postgraduate students from the public policy impact of the UK’s immigration policy. That is what our main competitors—the US, Canada and Australia—are already doing. Doing that in the context of the Bill, as my noble and learned friend Lord Woolf made clear in the Committee stage debate, would send the most powerful message possible around the world that we want our higher education sector to be open to all who are qualified to benefit from it, without any new obstacles or disincentives being put in their way.

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I conclude by saying that of course we should attract international students to study here, but we need to do that with realistic aims in mind.

[Lord Hannay of Chiswick]

I am most grateful to the noble Lord for giving way, but I wonder whether he does not find it a trifle ironical that he is speaking from the Benches of a Government who have exhorted the country, correctly in my view, to succeed in what is called the global race, and above all to maximise the industries and services that we produce best. He has developed an extremely elaborate argument for saying that we must embrace declinism in the higher education sector and we must accept that it is not in our interest to go on growing this potentially extremely valuable resource. Is it not a bit contrary to government policy that one industry in this country should be treated as something that can be tripped up and hampered at every stage while all the others are being encouraged to develop?

[Lord Hodgson of Astley Abbotts]

I obviously have not made myself clear. I hope that I have made it clear that I am not attacking foreign students because I think that they have an important role to play. I said that, first, the Government’s proposals are not the key determinant of why people come to study here. The key determinant is the overall cost and, in particular, the cost in the currency of the country of origin of the student in question. Secondly, I question—I do not know—that the long-term economic benefits which have been adduced to having students here are not as great as they might be.

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[Lord Taylor of Holbeach]

Indeed. My noble friend and I have discussed this in meetings. I take the point. It was made by the noble Lord, Lord Hannay, as well. I think he and other noble Lords understood that there will be secondary legislation that will define these issues. I am aware of the concerns expressed by noble Lords in this respect. My noble friend Lady Hamwee made the same point about the length of time that some individuals may pay the surcharge. I do not consider this a serious problem but I commit to considering it carefully before bringing forward the affirmative resolution order.

A number of other mattes were raised. My noble friend Lady Williams of Crosby asked about changes to work-study visas. We do not have any figures on this but she is quite right to point out that we have tried to facilitate this, just as through the graduate scheme we have tried to facilitate higher education and have worked with institutions.

She asked about slowness in the visa system. In fact, 93% of administrative reviews for overseas students—these applications are made overseas—are made within 28 days, so it is quite speedy. That is one reason we are looking to use the method of administrative review more generally in this respect.

I hope that I have satisfied the noble Baroness, Lady Warwick of Undercliffe, about the breadth of the accommodation amendment. Any undergraduate who chooses to use that facility by gaining a nomination from the university will get the accommodation that they need, and it is quite proper to take up a place in advance.

I was asked by a number of noble Lords about our general approach to working with universities. We have been working at ways to promote this country to students from overseas. It is something in which I believe, and I hope that I have been able to reassure noble Lords that with the considerable sums now being put to one side through the Budget to promote our education facilities to overseas students we have a good offer in place.

The noble Lord, Lord Sutherland, was very keen that the Government should demonstrate unity of purpose on this issue. I hope I have said nothing that discourages him from believing that we have a unity of purpose on this issue. I very much appreciate the work that the noble Earl, Lord Sandwich, does, in particular with the college in south London. He and I have had meetings on it. I know he had a meeting with officials last week, trying to reconcile them to the arrangements. This is not an easy area but we want to work with this sector.

I did not have the benefit of a university education. I went to work at 17 and it has taught me that there are huge benefits in university education. I believe in it passionately. I do not want to see other people denied the opportunities that our university sector provides. I hope that I have demonstrated my wish to engage with the sector and give it confidence that there should be no reason why a properly constructed immigration policy would be incompatible with our policy objective of encouraging the brightest and the best to come and study at our excellent universities. I hope, in the light of these points, that the noble Lord, Lord Hannay, will withdraw his amendment.

[Lord Hannay of Chiswick]

My Lords, I thank all noble Lords who in Committee and on Report supported the amendments put down in my name and those of the noble Baronesses, Lady Williams and Lady Warwick, and the noble Lord, Lord Tugendhat, whose absence today is entirely due to being in Athens on the business of the House.

I have drawn enormous comfort and support from the way in which each of the debates we have held has been lengthy, thoughtful and devoted entirely to the matter in hand. I contrast that with the fact that the other place, when it took this legislation, never actually got around to talking about students or higher education at all because they were so busy chasing Romanians and Bulgarians around the Chamber. That is perhaps a tribute to the way in which your Lordships’ House conducts its business. We do not miss out really important issues like that of students.

I have a brief comment—or perhaps two—on the contribution of the noble Lord, Lord Hodgson. He raised the question of whether universities were aware and made enough of the fact that foreign students help them subsidise domestic students. All I can tell him is that if he talks to anyone in the higher education sector, of course they all know that perfectly well. They know that a number of courses, particularly STEM courses, would simply not be maintainable without overseas student enrolment. However, the noble Lord will recognise that if we are trying to recruit overseas students, this is not a major sales point. It is not terribly wise to go around the world saying, “You may think your fees are a bit on the high side—but don’t worry, they are going to support British students”. I hope he will understand that one has to treat that with a certain amount of care.

Of course, the noble Lord is right about the exchange rate having extreme importance. I can only offer him the advice that Miss Prism offers Cecily in “The Importance of Being Earnest”:

“The chapter on the Fall of the Rupee you may omit. It is somewhat too sensational”.

[Lord Hodgson of Astley Abbotts]

I understand exactly what the noble Lord says, and I understand about the sales pitch. I assure the noble Lord, Lord Stevenson, that I am not going to make another Second Reading speech, but we in this House have got ourselves into a position where we are talking about what the Government are saying about visas and about “curbs”: that was the word used. In fact, what it comes down to when you read the detail is that the checks and balances that the Government are proposing to ensure that there is some recovery of costs are not the key issue. The key issue is the overall cost of the education, particularly in the currency of the country from which the student comes.

[Lord Hannay of Chiswick]

Well, I think Miss Prism probably had it about right.

Having considered the possibilities, I was struck by the fact that all three Front Benches are opposed to the amendment. The Official Opposition’s description of the reasons for which they were opposed to it holds about as much water as a colander; but let us leave that to one side.

I thank the Minister for his extremely considerate response, for the work he has done in the past few weeks, particularly on the issue of student accommodation, to try to meet some of the concerns that have been expressed, and for the very clear way in which he has replied to questions I and the noble Baronesses, Lady Warwick, Lady Williams and Lady Hamwee, raised in today’s debate. I found some that of the things that he said really helpful. They are on the record and that is very valuable indeed.

Before closing, I will make one point that is outside the scope of this debate. Within the next year, all three main parties are going to write their manifestos for the next election. It would not surprise anyone, I imagine, that there will be a substantial section on immigration in every one of those manifestos, because it is a burning issue of the hour. I make a plea that when they write these manifesto chapters on immigration, they make it quite clear that in the next Parliament they will not treat overseas students as normal economic migrants in terms of the Government’s immigration policy: that they will reflect and that they will respect the specificity of the higher education sector. Frankly, I do not think that they will lose a single vote if they say that, but they will save themselves an awful lot of trouble in the next Parliament. I hope that that plea will be heard and, in any case, I beg leave to withdraw the amendment.

Amendment 23 withdrawn.