Immigration Bill

Lord Tugendhat Excerpts

Monday 10th March 2014 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, I believe this to be a very important amendment, and I am very glad to follow the noble Lord, Lord Phillips.

As some noble Lords will know, I spend some of my time visiting African developing countries with a view to promoting agriculture, and smallholder agriculture in particular, as a tool for development. While I am there, often on parliamentary visits, I meet parliamentarians in those countries, Cabinet Ministers, Prime Ministers, Vice-Presidents and even occasionally Presidents, and heads of institutions, top civil servants, heads of research stations and so on. It amazes me how many of those people have paid for themselves to be educated at British universities and institutions.

Being a bit more mercenary than the noble Lord, Lord Phillips, I want to make the point that the resultant Anglophilia that that education gives them, the resultant ingestion of our culture, way of life and thinking must be of huge value to UK Inc, as it were. It must be worth all the budget of the British Council, the BBC World Service, millions of pounds-worth of diplomacy in embassies, millions of pounds-worth of DfID’s great worldwide reputation and even, if it came to a fight, probably a couple of regiments as well.

We must do everything possible to encourage—not just not to discourage but to encourage—those overseas students because, in the short and long term, their value to us is huge. This is a very good case of government silos, because the Home Office clearly sees its job as to control immigration but ignores in this case the wider implications for UK business, UK education and UK reputation in its foreign policy. I beg the Minister to send out the message to the world that we are open for business and that those students—most likely the future leaders of their country—should be given every incentive possible, not just not discouraged but seriously encouraged, to come to pay for themselves to attend our institutions and absorb our culture and values.

[Lord Tugendhat (Con)]

My Lords, the noble Baroness, Lady Warwick, said that the amendment enjoyed support from all quarters of the House. I speak as the Conservative sponsor of the amendment, and I am very happy to do so.

We have heard a number of powerful speeches and I think that I agree with every word that has been spoken. I particularly draw attention to a point made by the noble Lord, Lord Hannay, in his introduction when he said that he was not making a special plea for any given set of individuals. Rather, he was pleading on behalf of one of the most successful sectors of British life and of the British economy in order to enable it to continue to be one of the most successful, not only within this country but in international terms.

If I may say so, it is very important when the Minister answers that he should not treat this as being something directed towards a particular group of people who come to this country, as if we are conferring some favour on them. Rather, he should deal with the issue in the context of the impact that the Government’s proposals will have on one of the most successful sectors of British life and of the British economy. The ability to attract international students is both a means by which British universities excel and a measure by which others can see that they are excelling. To diminish in any way the free flow of talent to this country would be very damaging.

I should like to make one final point, because so much has been said that there is no point in repeating it. The Government should look at the beam in their own eye, if I may say so, on this issue. The Government understand very well that, when they make senior appointments to different institutions, they want to attract talent from all over the world. Indeed, they boast of their ability to do that and of their willingness to make appointments of non-Brits to high places in this country in a way that most other countries would not in the case of foreigners. They paid vast sums of money to attract a redoubtable Canadian to run the Bank of England—about four times what the president of the Federal Reserve gets, they were so anxious to attract his talents to this country. Another very talented Canadian—paid rather less, actually—is at the head of the Royal Mail. There are many other examples, I am happy to say, of talented people being attracted by the Government to contribute to the British economy.

The Government understand perfectly well the importance of attracting the best people to run British institutions, and they should be commended for their lack of chauvinism in that regard, but that is also true of universities. If universities cannot continue to attract the best talent from all over the world, that will seriously damage their ability to continue to contribute as much as they do to the British economy. As my noble friend Lord Cormack, said, those who stay after graduation are often the people who contribute the most to academic research, industrial start-ups or the businesses they build up. Those are all factors which I feel that the Government have overlooked in this rather ill-conceived measure.

[Lord Hope of Craighead (CB)]

My Lords, I should like to say just a few words in support of the amendment of the noble Lord, Lord Hannay, based on my experience as chancellor of Strathclyde University for 17 years. Having spoken to many students of the kind we are talking about and having hosted alumni events overseas, I think that my experience has been very similar to that described by the noble Lord, Lord Cameron, in that we have trained those students in our country and find them in positions of great influence in the countries to which they went after leaving.

I shall not repeat the points made so well by so many other noble Lords; I endorse all of them as background to what I should like to say. Perhaps the Minister will be kind enough to focus precisely on what the amendment is intended to do. If he reads its wording, he will see that it encompasses all the various things in Part 3: access to tenancies, bank accounts, driving licences and other services. Of course, among the services is what Clause 33 deals with: access to the health service. There is a difference between the Clause 33 matter, which I shall come back to in a moment, and the other services mentioned in the opening words of the amendment.

The difference is this. As I understood the Minister’s words in the earlier debate, the purpose of the other clauses is to flush out people who are not entitled to be here. It is to deal with people who are not legal migrants. We find that in Clauses 16(2), 35(2) and 42(1) all of which direct attention to people who require leave to enter or remain in the United Kingdom but do not have it. I raise this point because the amendment is dealing with tier 2 and tier 4 visa holders—people who, because of the terms of their visas, are entitled to be here. Bearing in mind all the points that noble Lords have made, why is it necessary to subject tier 2 visa holders and tier 4 general visa holders to these restrictions? Why is it necessary for them to go through these hurdles to have access to, for example, a bank account? Why is it necessary to do that for driving licences?

As for Clause 33, that is a different point and I do not want to go over the debate that we had earlier this afternoon. However, while I did not intervene in that debate because the Minister was under great pressure from many people who were doing that very thing, there is one point that struck me in looking at Clause 33. It is that its wording, which is designed to confer a power on the Secretary of State to make provisions for charges to impose, begs so many questions. Who, for example, are the persons on whom the charge is to be imposed? Clause 33(1)(b) refers to,

“any description of such persons”,

but who are they and what is the intention of that provision? We then have all the various steps in subsection (3), including the points that other noble Lords drew attention to. With the greatest respect, my suggestion is that the noble Lord and those advising him should have a very careful look at the wording of Clause 33. I suspect that the debate which we had earlier, and which I am not going to rehearse, has flushed out some points of real concern about the breadth of the wording, what it is really intended to do and whether it is necessary to do what it is seeking.

Quite apart from that, there is the point that others have made: that to subject overseas students to this sort of extra charge is bound to have consequences. Two words struck me as I have been listening to the debate. One was “cumulative”, in the point made by the noble Lord, Lord Hannay. It is about the cumulative effect of all those measures that are made. The other was “perception”, because perception is fuelled by rumour. Figures have been put forward in this debate as to what students in this country, and perhaps overseas students, are thinking. What about all those who are wondering to which country they should come? They are the people whose perception should really worry us. There are also the rumour makers. Their rumours may not be based on accurate figures, which may have been the point that the noble and learned Lord, Lord Wallace of Tankerness, was making the last time that we spoke. However, the fact is that the rumours and the perception are there. The Government really have to face up to the fact that to pile on more cumulative items on to this package of things which are fuelling that perception is very ill advised. I hope that the Minister will explain to us why he believes it necessary to do that.