Immigration Bill

Lord Wallace of Saltaire Excerpts

Tuesday 12th April 2016 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

9: Clause 96, page 75, line 38, leave out subsection (4) and insert—
“(4) Section 87 shall not come into effect—(a) before 31 March 2018; and(b) until transitional provision has been made for institutions in the public sector.”

[Lord Wallace of Saltaire (LD)]

My Lords, last week, the Centre for Policy Studies, a respected Conservative think tank, published a paper entitled Dangerous Trends in Modern Legislation. It warns that,

“the length of new Bills and the number of clauses they include is becoming so great that Parliament is unable to properly scrutinise them … There are often lengthy and significant parts of a Bill that receive no detailed scrutiny at all at any point in its Parliamentary passage”.

Clause 87 of the Immigration Bill provides a prime example of this problem. In the Commons it had five minutes in Committee and none at Report. We reached it late in Committee in the Lords, where the Minister was unable to answer the questions raised, telling us that,

“there will be an opportunity for an informed debate on the details”,

when the regulations—that had not yet been drafted—would be laid before the House. He specifically stated that,

“no decision has yet been made”,—[Official Report, 9/2/16; col. GC 174.]

as to the impact on healthcare of the imposition of the charge.

Those of us who took part in that debate received no further communication from the Government between Committee and Report, unlike the usual custom, and no invitation to discuss the issues raised. We reached this clause on Report at 12.30 am on 21 March, at the end of a very long day. The Minister did make a significant concession in his reply on exempting university-level appointments from the new levy, but he declined to tell us when the Government’s response to the report from the Migration Advisory Committee, on which these proposals rested, would be published or to answer other questions raised. The noble Lord, Lord Bates, did at least say that, “Given the hour”, he was,

“happy to put further thoughts in writing … if that would be helpful”.—[Official Report, 21/3/16; col. 2210.]

He then disappeared for a rather long walk. The noble Earl has indeed sent us a letter but it does not answer any of the points on the public sector or public sector training which we had raised. The noble Lord, Lord Trefgarne, then moved, I assume on behalf of the Government, to oppose withdrawal of the amendment to shut off further discussion at Third Reading. The chairman of the MAC was allowed to brief parliamentarians on this charge on 22 March, the day after Report ended. The Government then slipped out their response to the MAC report two days later on the Thursday before the Easter weekend—a quiet news day.

This is not the way to make legislation, as the Centre for Policy Studies paper noted. The Government have not explained the implications of this significant new charge, and in particular its likely impact on the public sector; nor have they provided any coherent rationale for imposing it on the public sector. The Minister did, however, in responding to the debate, say that,

“I will give further consideration to when they”—

the charges—

“are introduced”.—[Official Report, 21/3/16; col. 2212.]

He specifically mentioned that they were looking at the issue of phasing in the charges on the public sector. This amendment returns to exactly that issue, asking what further consideration the Government have given this and whether they will now accept that the current provision to rush this charge into operation only two months after the Bill is passed—as Clause 96 states—is mistaken, incompatible with allowing an informed debate on the regulations that will have to be pushed through, and damaging to the finances of schools and hospitals throughout the country.

The noble Lord, Lord Bates, reiterated that the aim of this charge is,

“to bring about some behavioural change in the way that people think about recruitment”,—[Official Report, 21/3/16; col. 2210.]

encouraging employers to look for recruits from within the UK rather than from outside, and to invest in training those recruits in the skills needed. That is fine for the private sector. However, the Government are the employer in the public sector: they set the quotas for teacher and nurse training, and they encourage—or discourage—doctors to stay and work in the NHS rather than going abroad. So here we have the Government encouraging themselves to expand training to fill skills shortages in schools and hospitals by fining those schools and hospitals—out of government funds—for recruiting from outside the UK and the EEA. That is absurd.

There have been a succession of announcements of government policy that the likely impact of this charge will undermine. There are plans to expand and extend maths and technology teaching in schools, but no mention of the existing shortage of maths teachers in this country and of the active efforts that schools are making to recruit from Australia, Singapore and elsewhere. Hospitals have announced that they need to recruit some 15,000 nurses a year from abroad to fully staff their wards, from the Philippines, South Africa and so on. We have just read that the NHS is planning to recruit 4,000 doctors directly from India. These are large numbers of predicted immigrants, recruited to fill avoidable skills shortages within the UK—significant numbers pulled into the UK by our failures in skills training: 30,000 or so a year. The Government should therefore act to provide the training to reduce the necessity to pull such numbers in.

We have asked repeatedly what plans the Government have to increase incentives for maths teachers and to launch crash courses to train them, but there appear to be no such plans. We have also asked about rapid expansion in nurse training and efforts to improve retention of nurses in post. Again, there are no plans to do so yet. So within the next 12 months the Government will start to fine schools and hospitals £1,000 a year per skilled person recruited from outside Europe—fining them from the funds that the Government have just given them.

The noble Lord, Lord Bates, suggested on Report that,

“schools … can seek maths teachers from the whole European Economic Area market”,

to avoid the charge for recruiting them from outside that market—to do that, it was implied, rather than to have to train more of our own or to pay British teachers well enough to stay in post. The Daily Mail will love that as a proposal from a Government who are supposed to be trying to reduce the pull factor in immigration from within as well as outside Europe, but I leave that to the Government to answer.

We were assured on Report that:

“The Department for Business, Innovation and Skills has confirmed that it will continue to consult with stakeholders”,—[Official Report, 21/3/15; col. 2211-12.]

which in this case presumably means to negotiate with the Department of Health and the Department for Education on how to limit the damage to school and hospital budgets. But BIS, the Times told us last Saturday, is planning a major cost-cutting exercise, shrinking the staff of the Commission for Employment and Skills and the Skills Funding Agency by 40% to 50%. So it is likely to lack the capacity to manage the expansion of training schemes which the Government have promised us, either for the public or the private sector.

In short, the Government have failed to make any case for their proposed rapid implementation of this ill-thought-out scheme. Their failure to answer legitimate questions raised in Committee and on Report, in spite of promises so to do, has fallen well below the normal standards of this House. I hope that the noble Earl, Lord Howe, gallantly stepping into the breach, will concede that this has not been well done and will accept the rationale for delay which justifies our amendment. I beg to move.

[The Earl of Listowel]

I attended a meeting of maths teachers earlier this year in Parliament and was sad to learn of the serious shortage of maths teachers in this country, of so many of our children being taught by people with very low qualifications in maths, and of physical education teachers trained up to teach maths desperately trying to fill the gap. The recent concerns expressed by the Chancellor of the Exchequer that our children should have a good understanding of maths brought home to me the real concerns raised by those maths teachers about the inadequacy of supply of maths teachers. So it concerns me to hear the noble Lord say that schools will be penalised for the shortage of maths teachers. I am afraid it does not seem to be the schools’ fault but somebody else’s. This is not a Department for Education debate, but my experience in this matter coincides with what the noble Lord has expressed. Certainly, one should not penalise schools for a shortage they are not responsible for.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I am a little reassured but I have to say that I am still left in much confusion as to how the Government intend to get from here to where we all wish to be. The ability of the noble Lord, Lord Rosser, to raise a very large number of fair questions about what is intended by all this simply demonstrates how unclear many of us in this House and outside are about how the Government will ensure that the extra skills are provided from within this country. I entirely agree with the noble Lord, Lord Green, that there is a long-term problem of companies in Britain finding it cheaper and easier to recruit direct from abroad rather than spending money on training their own employees. That applies not just to the Indian IT sector but also to long-distance truck drivers and all sorts of occupations in the private sector.

However, in the public sector the Government are responsible for training. As regards when we introduce this charge, I simply point out that it takes two or three years to train a nurse and longer to train a doctor, let alone a good maths teacher. Therefore, a year is not enough. We will find in the interim period that schools and hospitals will pay sums out of their flat budgets, out of which they are already paying for additional pension increases—so budgets are being squeezed—before any new training schemes have provided the additional skilled recruits from within the United Kingdom. That is part of the argument we are making about phasing in for the public sector.

I very much hope that we will have Labour support on this occasion. As I understand it, the Labour Party supports the public sector. I have heard reports that the Labour Party in the Commons has instructed the Labour Party in the Lords not to support this measure because it is a Liberal Democrat amendment and it is a bit queer about supporting Liberal Democrat amendments. I very much hope that the noble Lord, Lord Rosser, will be able to bring his party along. However, I appreciate that sometimes in the Lords the Labour Party Front Benchers have to defend positions they are not entirely happy about, as, indeed, do the Conservative Party Front Benchers.

[Lord Rosser]

I reassure the noble Lord, who is clearly very concerned about my present state and what I have had to say on this amendment, that I fully support an agreement—obviously, to his surprise—regarding what I said from this Dispatch Box. Interestingly enough, the noble Lord has not responded to the objections that I raised on his amendment.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I hope that the noble Lord has not yet got out his walking maps, but we shall see. I conclude by pointing out that the phasing argument is about the time it takes to train the people from within the United Kingdom who we need to supply skills in our schools and hospitals. We have not yet been informed about the new schemes which the Department of Health and the Department for Education will undertake to provide. However, we know that from April 2017 schools and hospitals will pay an additional £1,000 per person per year for everyone recruited from outside the European Economic Area, although I think I may have heard the noble Earl say that independent schools will have to pay only £330 because they are charities, which raises some interesting questions to which we may also wish to return.

[Earl Howe]

It does not apply just to independent schools, some of which are charities and some of which are not. However, the lower figure is £364 for charities.

[Lord Wallace of Saltaire]

We are reassured by that, but I may wish to take it up further with the Minister. Meanwhile, we are not satisfied. This imposes additional charges on the public sector which is already hard pressed. We have not yet heard sufficient about the additional training which the Government, as employers, need to provide from departments other than the Home Office. We are depressed by the news that the Department for Business, Innovation and Skills is cutting the staff it has to promote skills and employment within the United Kingdom. We therefore wish to test the opinion of the House.