Nationality and Borders Bill: LGBTQ+ People

Nadia Whittome Excerpts

Wednesday 2nd February 2022 Westminster Hall

[Nadia Whittome (Nottingham East) (Lab)]

It is a pleasure to serve under your chairship, Mr Sharma. I thank my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) for securing this important debate. I pay tribute to her for her tireless work on this issue and on protecting and extending the rights of LGBTQ+ people, regardless of their passport, country of birth or immigration status.

The Nationality and Borders Bill will have a deliberate, devastating impact on the rights of refugees, migrants and people of colour. Refugee Action has described it as

“the biggest attack on the refugee protection system that we have ever seen”.

Approximately 2,000 LGBTQ+ people claim asylum in the UK each year, fearing persecution in their home countries. This Bill will make it harder for any refugee to find safety here, but for this group, it is even more concerning. Many people who have been welcomed into our country’s LGBTQ+ community would simply not be here if the Nationality and Borders Bill had been law at the time they made their claim.

LGBTQ+ refugees are already put through dehumanising so-called tests to prove their identity and are still disbelieved by the Home Office. The Bill increases the threshold to prove that they are LGBTQ+ even further, taking it from the internationally accepted standard of reasonable degree of likelihood to the far stricter balance of probabilities.

If they are granted the new temporary protection status, LGBTQ+ refugees could be forced to hide their identity while in the UK for fear of persecution if they are made to return to their country of origin. For trans refugees, that might prevent them from transitioning—from changing their name, altering their gender expression or undergoing medical treatment—and that will have devastating consequences for their mental health and wellbeing.

The introduction of accommodation and offshore processing centres also poses particular risks for LGBTQ+ people, such as experiencing violence and abuse in these settings. Those seeking asylum should be housed in the community, not far-flung islands, derelict barracks, or unsuitable hotels such as the ones in which many refugees are being housed in my constituency.

The severity of this Bill’s impact cannot be overstated. This Government are risking not only breaching international law, but sending people to their deaths. If LGBTQ+ allyship does not extend to the most marginalised in our community—our refugee siblings—it means very little at all, so I urge the Minister to listen to what all of us have said today; to listen to our words, and those of refugee organisations and refugees themselves; and to please take a stand in his own Department.

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[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

It is a pleasure to serve under your chairmanship, Mr Sharma. I begin by thanking the hon. Member for Sheffield, Hallam (Olivia Blake) for securing this debate on what is undoubtedly an extremely important topic.

I want to say at the outset that many of the reforms in the Nationality and Borders Bill are being introduced against the backdrop of these terrible crossings of the English channel. People are putting their lives in the hands of evil criminal smuggling gangs. They are putting themselves at great risk. These groups treat people as cargo, with no regard whatsoever for human life. I make no apology for feeling very strongly—

[Nadia Whittome]

Will the Minister give way?

[Tom Pursglove]

I am very conscious that we have a lot to get through; a lot of points have been raised in the debate, so I will make some progress. I am very mindful of the need to stop those crossings. That is front and centre of the policy that we are delivering through this Bill. Nobody needs to get into a small boat in order to reach safety. I am also concerned when we debate these issues that I hear a lot of criticism of policy, but I do not hear much by way of a credible alternative.

We have had an extensive debate this afternoon on these matters, and that has also been the case throughout the Bill’s passage through both the House of Commons and the House of Lords, where these clauses were debated yesterday. I acknowledge this House’s interest in the issue. As well as the Nationality and Borders Bill, there is a lot of work that is going on internationally to address those issues and to advocate the values we hold in this country and believe others around the world should adopt. A global envoy is dealing with this. My right hon. Friend the Member for Cannock Chase (Amanda Milling) also has responsibility within the Foreign Office for advancing that agenda.

Several points have been raised in the course of the debate and I would like to deal with each of them in turn. First, on differentiation, currently all those who seek our protection are treated in the same way, regardless of factors such as whether they came directly to the UK or have been illegally present in the UK for a long period before claiming asylum. We will change that by introducing a new form of temporary refugee permission to stay, meant for people who meet the requirements of refugee status in the UK but who may not have come directly to the UK or who have not claimed asylum without delay once here. Decision makers who are considering granting someone temporary refugee protection status will work on a case-by-case basis, taking properly into account all of the relevant factors. That may include taking into account that the delay in claiming asylum may have been as a result of the claimant being fearful of presenting to the authorities as a LGBT+ person.

The Government very strongly believe, and would argue, that all the measures that we are advancing are compliant with our international obligations. With regard to accommodation, centres will build on current capacity while ensuring that individuals have simple, safe and secure accommodation while their claims and removals are being processed. One of the things that I want to see happen—and I am determined to see it happen—is that cases are considered more quickly, that we make sure that those who require our sanctuary are helped and supported as quickly as possible and get that sanctuary, and that those with no right to be here are removed as quickly as possible. To me, that is the safe, decent and humane thing to do.

I would like to clarify that individuals will also have opportunities to disclose the information and supporting evidence as to why they should not be housed in accommodation centres, which could include reasons linked to their sexuality. I should make the point that the accommodation centres are not detention; people are free to come and go as they please. In any event, we do not detain people indefinitely, and various safeguards are built into the arrangements and set-up to ensure that that is the case. Again, I would expect appropriate consideration of all relevant factors when deciding what accommodation is appropriate for any given individual. If people have particular needs, it is right that they are accommodated within the community.

Nationality and Borders Bill

Nadia Whittome Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Andrew Rosindell]

My right hon. Friend makes a superb point, and he is of course completely correct. These ex-servicemen in Hong Kong are not demanding the right to come here straightaway, but they want that option should there ever be a need for them to leave Hong Kong—if they felt unsafe or their families were under threat. Surely, in such a situation, Her Majesty’s Government should support those who have served Her Majesty’s armed forces.

[Nadia Whittome (Nottingham East) (Lab)]

I thank the hon. Member and the right hon. Member for Ashford (Damian Green) for tabling this important amendment. Does the hon. Member agree that, while the amendment is welcome and it would be an improvement on the current situation, it would still mean that young people born after 1997 were relying on the BNO status of their parents, and that that would disproportionately impact poorer Hongkongers and people whose families moved after 1997?

[Andrew Rosindell]

I think that refers to a different amendment, Madam Deputy Speaker.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nadia Whittome Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Kevin Foster]

My right hon. Friend points out that in a time when we have large numbers of people affected by the current economic situation, we need to focus on our own UK-based workforce when it comes to filling needs.

[Nadia Whittome (Nottingham East) (Lab)]

Will the Minister give way?

[Kevin Foster]

I am conscious that I need to make progress.

Lords amendment 2 seeks to continue certain family reunion arrangements provided by EU law—the so-called Surinder Singh route. It would require us to provide lifetime rights for British citizens resident in the European economic area or Switzerland by the end of the transition period to return to the UK accompanied or joined by their non-British close family members on current EU free movement law terms. In effect, that means that these rights would continue perpetually. Family members of British citizens resident in the EEA or Switzerland at the end of the transition period are not protected by the withdrawal agreement in terms of returning to the UK. However, we have made transition arrangements for them. British citizens living in the EEA or Switzerland will have until 29 March 2022 to bring their existing close family members—a spouse, civil partner, unmarried partner in a long-term relationship, child or dependent parent—to the UK on EU law terms. The family relationship must have existed before the UK left the EU on 31 January 2020 and continue to exist. Those family members will also then be eligible to apply to remain in the UK under the EU settlement scheme. Now that we have left the EU, we have to be fair to other British citizens, whether they are living overseas or in the UK, and to UK taxpayers who can be called on to pay the costs when family life is not established sustainably in the UK. In the long run, the same rules should apply to all, not continue indefinitely to give preferential treatment to those relying on past free movement rights that have been abolished. This is what a global immigration system means. However, I respect the points that my right hon. Friend the Member for North Thanet (Sir Roger Gale) has made to me, and, as with other things, we will continue to keep this area under review.

Lords amendment 3 provides for children in care and care leavers who lose their free movement rights to obtain indefinite leave to remain. I pay tribute to the noble Lord Dubs, who sponsored this amendment in the other place. The Government agree on the importance of protecting the rights of children in care and care leavers, and other vulnerable groups, as we end free movement. I have also appreciated the points made in a letter I replied to from my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). We are providing extensive support to local authorities, which have the statutory responsibilities for this cohort, to ensure that these children and young people, like other vulnerable groups, get UK immigration status under the EU settlement scheme. This support includes the settlement resolution centre and grant funding of up to £17 million, to cover last year and this year, to organisations across the UK to support all vulnerable groups in applying to the scheme.

A survey of local authorities by the Home Office has so far identified fewer than 4,000 children in care and care leavers eligible for the EU settlement scheme, with over 40% of those having already applied for status under it, and with most of those who have applied having already received an outcome of settled status. The Government have made it clear, in line with the withdrawal agreement, that where a person eligible for status under the EU settlement scheme has reasonable grounds for missing the 30 June 2021 deadline, they will be given a further opportunity to apply. We have also made clear that those reasonable grounds will include where a parent, guardian or local authority does not apply on behalf of a child. Therefore, if a child in care or a care leaver misses the deadline, they will still be able to obtain lawful status in the UK. There is no time limit to what may be reasonable, so an application today from a person who is a child aged eight would be reasonable if they discovered at age 18 that their local council had not applied for them.

The Government are not, therefore, persuaded of the need for this amendment. Applicants under the age of 21 are already granted immediate settled status under the EU settlement scheme where a parent has that status. The idea of applying such a provision retrospectively runs counter to the general operation of the immigration rules.

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[Miss Sarah Dines (Derbyshire Dales) (Con)]

It is a privilege to follow the right hon. Member for East Ham (Stephen Timms). I declare an interest as a barrister who has worked within the care system for many years.

I am delighted to be speaking in this debate at all, because it is further evidence of the fact that this House is making the necessary laws and arrangements for the United Kingdom to leave the European Union. The Government were elected on a mandate to deliver departure from the EU in clear terms, and reform of the present broken immigration system is very much part of that mandate. I receive many emails from my constituents in Derbyshire Dales who are pressing for such reform.

The primary purpose of this Bill is to end the free movement of persons in UK law, and to make EU citizens and their families subject to UK immigration controls. It is the Government’s clear intention that, at the end of the transition period, citizens of the EU and their families will require permission to enter and remain in the UK. For me, this is the logical result of our leaving the EU and becoming independent once more. I should mention that the Bill protects the immigration status of Irish citizens once free movement ends. This is only proper, and it is enshrined in a long-standing Ireland Act 1949 and subsequent legislation.

As is often the case, the Lords amendments seek to water down or negate the purpose of this important and good piece of legislation. I am of the view that if the amendments are passed, I would be letting down my electorate in Derbyshire Dales. I therefore oppose the amendments and wholeheartedly support the Government this evening. It is time for a clear and logical reform of the present broken immigration system.

I would like to turn to the impact of ending free movement on the social care sector. Lords amendment 1 requires the Secretary of State to publish an independent assessment of the impact of ending free movement on the social care sector within six months. This is wholly unnecessary. The Government already work with Skills for Care, which carries out independent reporting, and rely on the information of the independent Migration Advisory Committee, which will be providing annual reports on our new immigration system will be working. I am of the view that immigration is not the solution to the challenges the care sector faces. The solution to those problems rests at home. The Government are investing vast amounts of money, including £1.5 billion more funding in adult and children’s social care, and have launched a national recruitment scheme in this sector, which I support. The covid-19 pandemic has shown us how important this sector is and how important it is to treasure, train and retain social care workers in this country.

[Nadia Whittome]

Will the hon. Lady give way?

[Miss Dines]

No, I will not give way. Our focus needs to be investing in this country for more young people and older people to be retrained to work in this sector and to be valued with proper wages. We have a fantastic resource at home. In Derbyshire Dales, I have spoken to several care workers. They all work incredibly hard and we treasure them. For those reasons, I oppose Lords amendment 1.

Lords amendment 2 would amend clause 4 of the Bill. I cannot go into as much detail as I would like because of time constraints, but the change suggested would provide preferential family reunion rights under EU free movement law indefinitely. The people of this country did not vote to leave the EU to go on to grant such indefinite rights. It would provide an unfair situation for all other UK nationals who wish to live in the UK with family from outside the EU. The suggested creation of a lifetime right for one group of nationals over another—UK nationals living overseas who have families from other parts of the world—would be grossly unfair to our citizens. We are not leaving the EU and taking the EU’s broken immigration rules with us. European Union free movement simply needs to end.

Lords amendment 3 relates to children in care. The proposal is over emotive and simply not necessary. The Government are providing extensive support to local authorities, which have a legal responsibility already for applying on behalf of eligible children in care to get UK immigration status under the settlement scheme. In my practice at the Bar representing guardians, children, parents and local authorities, I witnessed such circumstances frequently. Furthermore, the Government have made it clear that they will accept late applications. The amendment is just political and wholly unnecessary.

I am not going to be able to spend much time talking about Dublin III, but it is worth remembering that this country is now a sovereign country and we can make our own laws. We have a strong record of supporting vulnerable children, refugees and asylum seekers, and we will do that. We have an admirable record internationally, and I do not accept the naysaying and doom that we hear from the Opposition. The fact is that we have an electoral mandate to fix the problems that exist in our broken electoral system, and I very much look forward to the great ideas of the Government for new legislation in that area next year. We will continue to provide a safe haven to those fleeing persecution and oppression and tyranny, but we will not allow organised criminals to continue to exploit people, and we will have to stop what is happening in bringing people who are exploited across the channel.

Briefly on Lords amendment 5, I say that we do not need to rely solely on written documents. Physical documents can get lost, stolen and are often tampered with. The online scheme is safer and more reliable. I therefore oppose the amendment. As I am running out of time, I cannot go into detail, save to say that a time limit is necessary to be able to control immigration, and any suggestion otherwise is fanciful. I have no hesitation in supporting the Government in opposing the amendments today.

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[Nadia Whittome]

It is a privilege to follow the hon. Member for Ynys Môn (Virginia Crosbie), who speaks with expertise and passion about healthcare in her constituency. It is a privilege, too, to speak to Lords amendment 1, which would require an independent assessment of the impact of ending free movement on the social care sector.

It was not so long ago that everyone in this House hailed our key workers as heroes and we stood on our doorsteps and clapped for our carers. It is care workers, cleaners, cooks and delivery drivers who keep this country running, but they are also the people this Bill would keep out of the country. One in five health and social care workers was born outside the UK. When I was a care worker, I worked alongside talented and dedicated carers from Zambia, Spain, Italy; we worked long hours to look after elderly people, yet the Government have the cheek to call them low skilled and to say that they do not belong here.

When I went back to work during the pandemic, I had to retrain. My day would look like this: getting up at five; making notes during handover; administering medication; dealing with someone who had had a fall; hoisting someone twice my size, and being alert at all times to small changes that might indicate a serious medical problem. I would try my best to brighten someone’s day and make them feel valued, knowing that I would probably be the only person they saw that day, all while meticulously recording everything that happened on every call.

Our key workers are not low skilled; they are underpaid. They should be rewarded with a pay rise, not threatened with deportation. The purpose of the Bill is to close our borders with Europe. Those who make over £25,600 a year will be allowed in, and those who are paid less will be kept out. That is what a points-based system looks like. It is free movement for those who can afford it and a hostile environment for everyone else.

This Bill will not solve the problems my community faces. It is not foreigners taking away jobs; it is this Government refusing to extend the furlough scheme. It is not migrants running the NHS into the ground; they are keeping it going. If the Minister is so committed to increasing wages, I urge him to listen to the Migration Advisory Committee and increase the wages of care workers to at least £10 an hour. Whether you are a retired miner from Mansfield, a Deliveroo rider in Nottingham or a Bulgarian mum who cleans this very building, we have more in common with one another than we ever will with those who try to divide us. We all want to protect our families. We all want to contribute to our communities. We all know what it is like to have no power, and we all know that it is Ministers who are making people powerless.

We have an enormous privilege as Members of this House, but being paid £80k a year does not make our lives worth any more than those of people being paid £8.72 an hour. We have a responsibility to vote for these amendments and to treat people—our neighbours, our friends, our co-workers—who were born on a different soil in the way that we would want to be treated ourselves and the way that we would want our families to be treated.

Channel Crossings in Small Boats

Nadia Whittome Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Nadia Whittome (Nottingham East) (Lab)]

A report last year by the Foreign Affairs Committee, of which the Home Secretary was a member at the time, said:

“In the absence of robust and accessible legal routes for seeking asylum in the UK, those with a claim are left with little choice but to make dangerous journeys by land and sea.”

How many more people like Abdulfatah Hamdallah have to die before the Home Secretary creates those safe and legal routes?

[Chris Philp]

I have already pointed out that there are safe and legal routes into the United Kingdom. In addition to the vulnerable persons resettlement scheme that I have referenced already, which ran very successfully from 2015, there was also the vulnerable children’s resettlement scheme, the gateway scheme and, of course, the Dubs scheme—a commitment that we met in full. Many people claim asylum having arrived in this country on a visa as well, so the safe routes that the hon. Member describes do exist already.

Let me emphasise once again that the people making these crossings on small boats are leaving a safe European country—France—having often travelled previously through countries such as Germany and Italy, which are also safe countries with an asylum system. If these people’s principal concern is to secure protection from persecution, they have had ample opportunity to do so long before getting on one of these dangerous boats.

Domestic Abuse Bill

Nadia Whittome Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Jackie Doyle-Price (Thurrock) (Con)]

It gives me great pleasure to support the Bill, which is the product of input from all over the House, and all the better for it. I particularly welcome the definition of what constitutes domestic abuse and the emphasis placed on sexual abuse in the definition. We all know that sexual abuse is very much in the toolkit of any abuser and, just as domestic violence was a taboo subject in the past, the role of sexual violence has been, too. What is striking about the passage of the Bill is how it has been a game changer on that—the clause that deals with rough sex most certainly is. In that respect, the Bill makes a very clear advance in favour of the victims and against the abusers. We must ensure that we do everything we can to protect those who are most vulnerable and bring the purveyors of evil crimes to justice.

We must also consider how sexual violence can clearly take place in the domestic context not just with partners but with children. I would like to highlight the comments made by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), who talked about the sharing of sexual imagery via phones, which again could be considered domestic abuse given that it comes from relationships. That example really highlights how normalised sexual abuse has become in some contexts. I feel strongly that we collectively in this House—male Members as well as female Members—must do all we can to ensure that women feel empowered to have control over their own destiny when it comes to their relationships. I fear that some of the pornography now available and so widely circulating is normalising sexual behaviour that is not in the interests of our women and girls. We must all collectively be vigilant about that.

I tabled two amendments to give added emphasis to the importance of considering sexual violence in the domestic violence context. I did so in consultation with Rape Crisis England and Wales, to which I have the great pleasure of giving so much support. It does so much work and is often considered the Cinderella for the reasons that I have described. The real issue for victims of sexual violence is that it never leaves them. It is one thing to bring a perpetrator to justice, but these women, these girls, these victims are not pieces of evidence; they are people, they are fragile, and they need our support—a lifetime of support. I am pleased that the NHS has recognised that with its lifetime support care pathway for victims of sexual violence, but, as with many things in public policy, we can talk the talk, but we do not always walk the walk.

I am pleased to see that police and crime commissioners regularly step up to the plate to commission sufficient services for victims of sexual violence, but all too often locally I see the NHS not doing its bit, and equally we expect more from local authorities. The amendments in my name are there to reboot the emphasis on sexual violence as an element of domestic violence in terms of the functions of the domestic violence commissioner and local authorities. I hope that the Minister in responding will articulate the very real need for holistic support for victims of sexual violence and an expectation that the domestic violence commissioner will do the requisite thing and encourage good practice throughout our public services.

In view of time being very short, I will say little more than that, but I want quickly to address the new clause tabled by the hon. Member for Kingston upon Hull North (Dame Diana Johnson) on abortion. Much criticism has been made of it, which, frankly, is unfair. The real point is that the law is 50 years old and no longer fit for purpose, but, because it is seen as a free-vote issue, Governments do not look at it. I welcome, to a point, what my hon. Friend the Minister has said today, but we need to look more holistically at the safety of our abortion services. It is all very well to say, “Okay, we have had these regulations for covid. Let’s just extend them.”, but I do not think that is good enough. We are told nowadays that as many as one in three people have had access to abortion, so let us look at it more holistically.

[Nadia Whittome (Nottingham East) (Lab)]

It is an honour to follow the hon. Member for Thurrock (Jackie Doyle-Price). I wholeheartedly support the sensible and necessary amendments to this Bill brought forward by several of my courageous and learned colleagues. I particularly wish to mention my hon. Friend the Member for Canterbury (Rosie Duffield), who has spoken courageously on domestic abuse, and my excellent colleague my hon. Friend the Member for Walthamstow (Stella Creasy), because of her ongoing work to have misogyny treated as a hate crime. I am proud to represent Nottingham East, the birthplace of the movement to recognise misogyny as a hate crime, and I pay tribute to pioneers at Nottingham Women’s Centre, as well as Juno Women’s Aid, and, in particular, to Mel Jeffs.

No recourse to public funds renders many of the most at-risk individuals completely powerless and increases their chances of being preyed upon by abusers or falling into destitution. The choice presented to Members today is whether this Bill progresses with or without leaving migrant women behind. Many migrant women are, in effect, excluded from the protective measures in this Bill as they have no recourse to public funds. What advice has the Minister sought as to whether the Bill, in its current form, is compliant with paragraph 3 of article 4 of the Istanbul convention? We know that migrant women face additional barriers to safety, because abusers commonly weaponise fears of immigration enforcement and separation from their children to control them. The draft statutory guidance to accompany this Bill clearly recognises that migrant women face these additional obstacles to safety and are afraid of reporting. Does the Minister accept that the Government’s current policies in this area, in effect, encode and entrench the abuser-victim dynamic into the system? Will she acknowledge that the legislation, as it currently stands, does not match the facts recognised in the statutory guidance?

It is promising that some key amendments have made the cut, including the recognition that children are victims of domestic abuse in their own right, as well as the expansion of the ban on abusers cross-examining the victims in court. However, as Pragna Patel, the director of Southall Black Sisters, has said:

“The decision to leave migrant women out of this bill sends the message that their lives are not valued, they are disposable, they are second-class people, they are invisible”.

This invisibility is exacerbated through clause 53, which neglects the commissioning of specialist support for BAME women in the community. There are only 30 specialist by and for black and minoritised women’s refuges for the whole of the UK, with 50% of BAME specialist refuges having been forced to close or been taken over by a larger provider because of Government funding cuts in the past decade. I wish to close with words from the End Violence Against Women Coalition, which has stressed that

“Amending the Bill is the only route to guarantee a fair system to all victims”

and ensure compliance with the Istanbul convention, which this Bill seeks to ratify.

[Ruth Edwards (Rushcliffe) (Con)]

Let us consider these words: “When I met my ex, I was a confident 17-year-old woman, but he wore me down until I did not recognise myself any more.” They are the words of a remarkable woman, my constituent Natasha Saunders. I wish to share some of her story with this House today. First, let me say that this Bill has seen this House at its best, working together to increase awareness of domestic abuse and its devastating consequences, to strengthen support for victims and to bring more perpetrators to justice. It will support victims to give evidence in court and it will end that most pernicious of defences, the so-called rough sex defence.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nadia Whittome Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Saqib Bhatti (Meriden) (Con)]

I am pleased to speak on the Bill, not least because immigration is a topic that can invoke the strongest of emotions, yet it is imperative that we have an immigration system that works for us as a free and independent sovereign nation.

Immigration policy is not just a buzzword for me, nor is it an excuse to play identity politics; it is the reason I am here. I am the son of a man who came to this country from halfway across the world. He came here for a better life for his family. Indeed, to my father, having anything but a system over which we have control is, frankly, odd, and that is the reason many from south Asian communities voted to leave the European Union back in 2016.

My father’s desire to be in this country was nothing short of a desire to pursue what I often term the great British dream. I know at first hand that it is a love like no other, the love held for this country by the hopeful migrant who arrives here in pursuit of opportunities and freedom—the patriotism of the one who singles out this country as the place they want to call home; the one who comes to this country and chooses to be British.

The result in the European Union referendum in 2016 was a vote for control—for control over our laws, control over our spending and control over our borders. This was not about pulling up the drawbridge, as it is so often described by those who want to belittle the referendum result; it was a cry for a greater stake in the way our communities and our country move forward. It was a vote for migration, albeit migration on our terms: looking out to the world beyond our immediate neighbours and forging relationships with new countries and old friends. The Bill captures the true essence of that desire for an immigration system that works for us—an immigration system that allows us to be agile, and one that allows us to adapt to the economic needs of our country.

It is important to point out that the Bill enshrines the will of the British people—a will that has been expressed on a number of occasions over the past four years. Clearly, I am firmly of the view that immigration has been a success for this great nation, and the Bill acknowledges and celebrates that success by working to make sure that the system is even stronger.

We must have a system that works for Britain so that we can ensure that the best opportunities are available to everyone in this country. It is only with a thriving economy and a strong society that Britain will continue to be such a nation and such an appealing destination for those around the world who want to come here and start a new life.

Britain was built on generations of immigrants, from the post-war migrants who came here to help us rebuild after the devastation of war to the seasonal workers who come to the UK every year to contribute to our agricultural sector and support British farmers. What we can learn from this is that immigration is not a static concept; it is a dynamic one, and it must adapt to suit our domestic and economic needs. Just as other countries adopt systems that best support their needs, the UK can be no different.

The Bill paves the way for a new system that prioritises the most talented and highly skilled. Crucially, control over our own system will allow for an unwavering commitment to protect those who come into our country from the evil prey of traffickers and unethical working practices as we move away from cheap labour and unchecked movement. I know that the Bill does not provide for the details of our new points-based immigration system, but, given my background in business, I know that, to operate to its full potential, our new system will require a continuous dialogue between Government and industry. I ask the Minister to ensure that we have a reactive approach, with the needs of the national health service, business, academia, hospitality and many other sectors being listened to. Particularly in the case of business, the channels of communication must remain open, because it is only by listening to the business community that we will avoid a time lag between what business needs and what Government implement.

Contrary to the naysayers, I believe that our country is progressive and forward thinking. We need an immigration system that matches that—one that allows us to advance in research and development and further our technological innovation as we compete on the global stage, and one that emboldens us to lead the world in medicine, technology, film making, science and sport. Simply put, we must have an immigration system that attracts the best and brightest from across the world. As we venture into the world as a free, independent nation, we have to model ourselves on what we believe we can achieve.

While we are repealing freedom of movement, it is vital that we have the EU settlement scheme, to protect the rights and legal status of EU citizens who have made Britain their home. The contributions of EU migrants are extensive and undeniable, whether that is imported cuisines from the continent or the groundbreaking research we see in our universities. I welcome this legislation because I am excited by what lies ahead for our great nation. With greater control over migration, we will continue to attract the brightest and best while remaining a tolerant and welcoming society.

[Nadia Whittome (Nottingham East) (Lab)]

We must not forget that this Bill arrives before us today in the context of the Conservatives’ hostile environment—a hostile environment conjured as a pernicious smokescreen to blame migrants for the economic damage inflicted upon working-class communities by Tory austerity, predatory capitalism and years of neglect and lack of investment.

[Saqib Bhatti]

Will the hon. Member give way?

[Nadia Whittome]

I will not be taking any interventions; I need to make progress.

The hostile environment, from right-to-rent checks to the immigration health surcharge, is built upon the premise that migrants should be discouraged from coming to the UK. Not satisfied with the disaster of the Windrush scandal, this Government seem determined to press ahead with this unjust, discriminatory and poorly designed piece of legislation. The Home Secretary has yet to set out the details of what will come in place of freedom of movement. This Bill does not do that. Instead, it introduces multiple Henry VIII powers, which remove much needed scrutiny from our future immigration system.

I am afraid that the benefits of a points-based immigration system are a myth. Under such a system of employer sponsorship, workers are heavily restricted in their access to public funds, which puts many at risk of destitution. They are also less likely to join their colleagues in employment struggles for better terms and conditions. Migrants have been blamed for low wages, but it is not them who drive down employment standards—it is exploitative bosses who do, and it is this Government who allow them to do that. We have to make it clear that nobody’s rights should be linked to an employer. A person’s worth is not determined by their economic value.

Instead of removing EU citizens’ rights, the Government should have focused on making up the injustices that they have inflicted on the Windrush generation and other migrant communities. The Windrush compensation scheme is clearly not working. Does the Minister have anything to say to these families waiting in limbo?

This punitive, discriminatory piece of legislation is a slap in the face to the carers, cleaners, drivers and shop assistants who have risked their lives on the frontline to keep this country running throughout the pandemic, and who Members here have applauded every week. The scale of the Government’s hypocrisy is breathtaking—clapping for carers one day and downgrading their status in law the next. This Bill would class many vital jobs as low-skilled and prevent people from getting a new work visa or extension. That would include care workers—people like my colleagues who I worked with before becoming an MP and during the pandemic. The work may be low-paid and badly undervalued by those in power, but it is not low-skilled. Will the Minister, for the avoidance of doubt, clarify whether the Home Secretary still considers care workers to be low-skilled?

A recent report, “Detained and Dehumanised”, is based on interviews with people who experienced detention in UK centres. It was done before the pandemic. The report highlights a disturbing level of despair. One person said:

“I saw people cutting themselves, someone who tried to hang himself, someone who died in detention”.

Another said:

“The most awful thing was an uncertainty: Not knowing whether I will be released and what they’re going to do to me”.

As the right hon. Member for Haltemprice and Howden (Mr Davis) has said, this is a terrible, inhumane position to be in. Ultimately, nobody should be imprisoned because of where they were born, yet the UK is the only country in Europe that does not have a time limit on how long a person can be held in immigration detention. Twenty-eight days is absolutely the longest time allowed in any other context.

I urge the Government to do the right thing, even at this late hour. They should not block the many sensible amendments and new clauses. Carers, shop assistants and cleaners are risking their lives on the frontline looking after us. The least we can do for them is to use our votes today to look after them.

[Richard Fuller]

I am very glad that I sat in on this debate today to learn the origins of the hostile environment. We learned today that the author of the hostile environment was none other than the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), the Labour candidate to be Mayor of the West Midlands. That is right. He is the author of the hostile environment for immigration. We have learned that today.

The second reason I wanted to contribute today was to be able to say thank you to my right hon. Friend the Home Secretary for bringing forward the points-based system for immigration. Like her, I felt that the opportunity to bring forward an immigration system that did not discriminate based on the origins of where someone came from was one of the strong reasons to support Brexit in the referendum. I am pleased that she has confounded her critics by coming forward so quickly in this Parliament with a new Bill that does precisely that. She knows, and many Members here know, that many areas of the Home Office do not work well, and I am pleased she has started there. Now let us turn to some other areas.

I will turn to what I can only describe as a shameful briefing note on immigration detention put out by the Home Office earlier today. In that note, the Home Office claims that 97% of the people in immigration detention were foreign national offenders. Do they think we are stupid? Do they not think we understand that most of the people in immigration detention have been put out of the detention estate during covid-19?

The note goes on to describe in the most lurid details what may be the case about the backgrounds of individuals, forgetting all those other people who have been put through immigration detention who have perfectly legitimate cases to remain in this country and who may have been victims of communal rape or child trafficking. It is a shameful document that was put out by the Home Office today, and that is why I am very pleased to support the new clauses in the name of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that deal with 28 days as a limit on detention.

Windrush Compensation Scheme

Nadia Whittome Excerpts

Tuesday 23rd June 2020 Commons Chamber

[Priti Patel]

My right hon. Friend is absolutely right. That work is under way, as the Prime Minister instructed, with the Home Office and the Department of Health and Social Care. He is right to highlight the great contribution that individuals from migrant communities are making to the NHS. That work is under way right now, and we will be publishing more details on that and how the scheme of refunds will work.

[Nadia Whittome (Nottingham East) (Lab)]

People of the Windrush generation were deported as a result of the Government’s hostile environment policies, including the healthcare surcharge, no recourse to public funds, the illegal working offence, immigration detention and the right to rent checks, which have been found to cause racial discrimination. The Home Secretary has not answered the question yet: why are those policies still in place, and when will they be abolished?

[Priti Patel]

I refer the hon. Lady to my earlier comments. I have already made it clear to the House that our immigration system is far too complicated. The work that we are taking forward in the Home Office is to simplify the immigration system, which will mean changes to our policy to make the system firm but fair.

Public Order

Nadia Whittome Excerpts

Monday 8th June 2020 Commons Chamber

[Priti Patel]

My hon. Friend the Member for North West Durham (Mr Holden) is absolutely right.

[Nadia Whittome (Nottingham East) (Lab)]

We will try again. Does the Home Secretary agree that the Government should remove statues of British figures involved in the slave trade? Further, does she agree that the lives of black people who have died following contact with police, such as Sarah Reed and Rashan Charles, are worth more than any statue?

[Priti Patel]

The hon. Lady will be well aware—perhaps she would like to lobby local authorities across the country to bring about the changes to statues. I notice that she celebrated the violence and criminal scenes that we saw across the weekend. I thought that the politics of protest and placards had left the Labour party with the departure of the right hon. Member for Islington North (Jeremy Corbyn).

--- Later in debate ---

[Priti Patel]

My hon. Friend is absolutely right. One of the most extraordinary—

[Nadia Whittome]

All lives can’t matter until black lives matter.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order.

Points-based Immigration System

Nadia Whittome Excerpts

Monday 24th February 2020 Commons Chamber

[Priti Patel]

My hon. Friend makes the very valid point that obviously we are on the side of the British public when it comes to delivering the people’s priorities. Last week I too met people from the Russell Group and other universities who are supportive of the routes that we are providing for the brightest and the best, and of our ensuring that we get the global talent that our academic institutions need.

[Nadia Whittome (Nottingham East) (Lab)]

When I was a care worker, some of the highest skilled people I know taught me how to work miracles in 15-minute calls. This Government view people who help others who are sick, elderly or disabled as low skilled because they are low paid, and deny them the special status being offered to billionaires and footballers. For the record, will the Secretary of State explain which aspects of care work she considers low skilled?

[Priti Patel]

The hon. Lady will know—I have already said this, but I will restate it—that I am working with the Department of Health and Social Care and its Secretary of State specifically on the routes into and support needed in the care sector.

[Nadia Whittome]

indicated dissent.

[Priti Patel]

The hon. Lady shakes her head, but importantly we are also looking at investment. The Government are investing in social care in a record way. That will make a difference to wages, training and investment in social care workers across the UK.

Deportation Flight to Jamaica

Nadia Whittome Excerpts

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

I think it is extraordinary to see people wanting to conflate a group of foreign national offenders who have been sentenced to a total of 300 years’ imprisonment with a generation who have made such a huge contribution to this country. The Home Office will be guided by the law, not party political points.

[Nadia Whittome (Nottingham East) (Lab)]

Does the Minister agree that if the lessons learned review that was leaked is correct, in deporting 50 people tomorrow the Government will be going against their own recommendations in their own report, which has reportedly stated that those who have lived in the UK since childhood should not be deported?

[Kevin Foster]

No.