(3 years, 2 months ago)
Public Bill CommitteesQ
George Brandis: A lot of work was done with the Governments. I was not directly involved in that work, so I am not in a position to speak with particularity in answer to your question, sir, but they were countries in our region that were willing to enter into regional processing agreements with Australia.
Q
George Brandis: I am not aware that there were any from either New Guinea or Nauru. Those two countries were never a locus or genesis of the problem.
Order. I am sorry, and I must apologise to colleagues who have not been called, but it is a time-limited session—that is what the Committee voted for—and I have to draw it to a close. Commissioner, the Committee is deeply indebted to you; thank you very much for coming in.
Ordered, That further consideration be now adjourned. —(Craig Whittaker.)
(3 years, 4 months ago)
Commons ChamberI will give way shortly, but I want to make progress first. The Opposition argue that it is wrong to deport murderers, rapists and dangerous criminals—[Interruption.] It is a fact. They think that border controls are wrong. They think that ending free movement is wrong. Well, Labour Members can sigh and shake their heads, but the fact of the matter is that over the last 12 months, when it has come to ending free movement and having discussions about reforming immigration and our points-based system, they seem to think that open borders are the answer. They obviously do not support our new plan for immigration. They do not like the people’s priorities when it comes to these issues, yet they have no plan.
The public seem to want a fair, fast and affordable system, so can the Home Secretary tell the public how much more the taxpayer will pay for her new proposals?
In fact, the taxpayer will be saving money in the long run. We already spend over £1 billion a year on dealing with the failed and broken asylum system. If the hon. Gentleman has read the Bill and the new plan for immigration, which I urge him to do, he will see that there are a range of measures—
No, I will not give way. I have taken many interventions.
We are also closing the loophole that has prevented the defence of some immigration decisions on the ground of national security.
I am resolute that we must fix a terrible injustice suffered by the Windrush generation and others who were denied British citizenship unfairly—
By successive Governments, if the hon. Gentleman had read the Wendy Williams report about Windrush. I have already overhauled the Windrush compensation scheme. I urge colleagues across the House to help us encourage people to come forward. What happened to them must never be repeated. That also means fixing our outdated nationality laws. The Bill gives the Home Secretary power to grant British citizenship to people who would have become British citizens if not for unfairness and exceptional circumstances beyond their control. For example, in one case, an individual was refused citizenship due to an absence from the UK on a given day, despite many years of previous residence. Of course it was not his fault.
The Bill provides further flexibility to waive residency requirements to help members of the Windrush generation and others acquire British citizenship more quickly. That will also mean that children unfairly denied British overseas territory citizenship can finally acquire citizenship here. That was one of the anomalies that came out in the Windrush scandal.
Our laws must be clearer and easier to understand. The “Windrush Lessons Learned Review” by Wendy Williams also said that immigration and nationality law is complex. The Bill gives the Home Secretary the power to simplify and consolidate immigration law so that we can address many of the citizenship anomalies that have existed for too long—for decades, in fact.
The British people are generous and compassionate. As I said to the hon. Member for Rhondda earlier, they give billions of pounds every year in overseas aid to provide support in countries around the world, to empower countries and communities and to invest in many economies. The British public also embrace those in genuine need and want people to succeed. They also want a system that is fair and firm—fair to the British people and to those in genuine need, but firm against the criminals and those who exploit our generosity by gaming the system.
The Bill is critical to delivering that new fair but firm system. It is also central to our new plan for immigration. It goes a long way to addressing decades of failure and challenges, in the law and illegal migration and in immigration courts and tribunals, in the way in which I have just reflected upon. The Windrush scandal has shone a spotlight on many of the anomalies that have existed when it comes to citizenship. We will change those areas, with secure borders and rules that will be easy to understand. That is part of the cumulative end-to-end change that we seek to introduce.
We want to slam the door on foreign criminals, put organised crime gangs out of business, and of course give help and support to those in genuine need. Everyone who plays by the rules will encounter a new system—
I refer the House to my entry in the Register of Member’s Financial Interests because I have help from the Refugee, Asylum and Migration Policy—RAMP—project for my work in this area. RAMP is brilliant, in direct contrast to this Bill, which is the worst I have ever seen. This dog’s dinner would have been avoidable, however, if Ministers had listened to the evidence of experts, or even to the consultation responses, which they have promised, and failed, to publish. I hope that they will publish them as they finalise the Bill. It was strange after 11 years of a Conservative Administration to hear the Home Secretary admit, on the Second Reading of her own Bill, that it was not yet complete, in response to the question from the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith).
At a time of rising global crises, this Government could help to stop asylum seekers being created by intervening, perhaps under “global Britain”, but that has sadly proved to be an empty slogan, often mouthed by emptier heads. That given, we have a Government who have twice betrayed their own manifesto—and, of course, the people who voted for them—by cutting our aid and by cutting our armed forces personnel, which will mean shrinking our global reach and influence. This Government are also shrinking our international standing by seeking exclusivism in the form of a new special status for the UK outside international law, to the direct detriment of and cost to other countries, including our immediate neighbours. It is bonkers, but Ministers present this fiction to us. They have a real battle with reality ahead.
It is a fiction to pretend that we have deals with other countries to return anyone to them, except for Albania, a country that we accept asylum claims from. It is a fiction to claim that it is fair to criminalise someone fleeing communist torture and slave labour in Xinjiang, or that it is fair to criminalise RNLI volunteers or anyone on any boat who rescues asylum seekers from drowning. It is a fiction to claim that this Bill is fair on councils, who already pay for Home Office failures and delays, because they will face additional costs through the rough sleeping that these plans will create and the estimated additional £55 million of the new costs of these proposals, which will create 3,000 more people experiencing the pernicious Home Office “no recourse to public funds” restrictions. It is a fiction to pretend that this is fair to the taxpayers who will pick up the bill, whether it is through the Home Office, through councils’ emergency social services or through the new criminal justice and imprisonment costs, which are estimated to be more than £400 million a year.
The only truth I heard from the Home Secretary today is that the system is broken, with the number of people waiting over a year for a decision rising tenfold since 2010, with 33,000 in that position in 2010, including almost 7,000 children. What is maddening is that the number of people working for the Home Office has risen but productivity has collapsed, with around 2,500 people now having waited three years or more for a decision. It is a decade of Tory rule that has broken the Home Office. The party who used to claim to represent law and order has run the Department for law and order into the ground, with nine in 10 crimes now going unpunished in this country. But now, Ministers are asking the Home Office to act unlawfully in pursuing an aim that breaks international law. Sadly, the idea that the people who broke the Home Office now have ideas about how to fix it is also a fiction. I would ask Ministers to think again about these plans, but there is little evidence that they put much thought into the Bill in the first place.
(3 years, 4 months ago)
Commons ChamberI am very happy to write to the hon. Gentleman about the specifics of his question; I do not have that detail in front of me right now. Throughout the application process, the Home Office has worked with and supported individuals who have issues demonstrating their status through some of the measures that I have already outlined, so that their status can be secured. There are ways in which we have been doing that, and I will write to him with that information.
(3 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered the effectiveness of asylum accommodation and the dispersal scheme in providing support for asylum seekers.
I draw the House’s attention to my entry in the Register of Members’ Financial Interests for the support that I have received, for research capacity in my office in relation to my work on asylum seekers, refugees and migrants, from RAMP, the Refugee, Asylum and Migration Policy Project, which I thank also for supporting the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) and me in seeking this debate. It is a pleasure to serve under you in the Chair, Mr Davies.
Let me start with some more thanks to all colleagues, across almost every party, who have backed the debate, and to all those organisations that not only have briefed for this debate, but work on this issue day in, day out, supporting some of the most vulnerable people across our country. I thank all my constituents who have messaged me to bemoan the awful system imposed by the Home Office, and all those out there who retain faith in the UK’s historic contribution to shaping international law on asylum and our equally historic contribution in not just settling asylum seekers in our country, but benefiting from the contribution that they have made to enrich our country’s economy and culture over very many decades.
Some people seek to cloak themselves in our flag, but wish to sidestep or even ignore our traditions and our historic sense of duty in always being there to support people in need—and people are in need in growing numbers across the globe, which is why an effective and efficient policy is so important. The world remains a dangerous place—from armed conflict, from growing resource and climate conflict and from growing aggression and human rights abuses in China, Russia and other countries, putting even more people at risk. Despite those growing risks, I am unsure whether there is another area where Tory rhetoric on global Britain clashes more harshly with the reality of this Government’s policies, given the planned cuts to our armed forces and the massive reduction to our international aid budget, despite manifesto commitments.
Many of the people in need will reach our shores, and when they arrive, we have responsibilities—legal duties. It is essential that we live up to our responsibilities—responsibilities to asylum seekers and responsibilities to the British public, who want to see an effective system that not only weeds out the tiny, minute, fraction of bogus claims fast but, equally quickly, resettles the overwhelming majority of genuine asylum seekers at the best price for the UK taxpayer. Sadly, that is in no way what we have currently. Instead, we have a fragmented system, badly mismanaged by the Home Office and, at the very start of the process, getting even the basics wrong. The British Red Cross has reported that 81% of asylum seekers do not even receive information in their own language. They are not told what is happening and will happen to them; and two thirds did not get health screening, even during the pandemic.
Then the Home Office shunts people into short-term asylum accommodation while their eligibility for support is assessed. Usually, people should then be moved to dispersal accommodation across the UK, where they will live until a decision is reached on their full application —often after a lengthy delay. During that period, people are prevented from working. They have no choice over where or how they are housed, and they are provided with just £39.63 a week to support themselves. That is a far cry from the £150,000 a year that the Prime Minister gets, and he is apparently still reliant on someone else to cover redecorating bills.
This is a crumbling, pernicious system, which has directly contributed to covid infections, crime and chaos, but it is overseen—ironically—by the Department with overall responsibility for tackling crime and disorder in the UK: a Department that has been warned so many times about this inhumane, inefficient and expensive system, which the National Audit Office and Public Accounts Committee have laid bare. The National Audit Office reported last July that the system that the Government have adopted caused costs to escalate by 28% to £568 for each accommodated asylum seeker, and saw a 96% increase in short-term, more expensive accommodation. In November last year, the Public Accounts Committee warned of a system in crisis and recommended:
“The Home Office should, within three months, set out a clear plan for how it will quickly and safely reduce the use of hotels and ensure that asylum seekers’ accommodation meets their individual needs.”
I look forward to hearing from the Minister today, six months later, how that is being delivered.
Understandably, the Minister will say that covid is responsible for some of the rising costs and inefficiencies of his Department’s policies. I hope he will outline when those costs will fall and the strategy adopted in response to repeat NAO and PAC concerns. I also hope he will acknowledge how Home Office policies go back to before covid. There were more than 1,000 people in hotels in October 2019, before covid was identified in China, let alone before it began to be responded to by a Government headed by a Prime Minister whose own delayed decisions contributed to covid deaths in the UK. I will not repeat his sickening comments about piling up the bodies, as they are so raw for the 127,000 families who have lost loved ones.
I think the level of interest in this debate is due in part to the dramatic rise in hotel and other inappropriate accommodation use. At the end of February, almost 8,700 people were living in hotels across the UK, according to the Refugee Council. It is important to remember that the increased number of people living in contingency accommodation is due not to a rise in applications, but to a Home Office backlog. Also, these are hotels where people might stay for a short stop en route, not for a holiday or extended break, as they are often on the edge of towns, far from amenities and certainly far from the healthcare services needed by people who have been through trauma elsewhere, and who in some cases have acute mental health needs.
In London, more than 6,000 asylum seekers are in hotels, and roughly 1,200 are children, some unaccompanied. Again, this is not a holiday; it is isolating, lonely, and also exposed. “Line of Duty” has made more people familiar with the term OCGs. As a direct result of Home Office policy, organised crime groups have targeted asylum seekers in Home Office-funded premises to engage them in illegal work and other crime, including drug trafficking. Vulnerable people are made worse off by the Home Office, with criminals benefiting from Home Office policy. The fact that the Department oversees law and order policy in the UK is a joke when it cannot even ensure that the premises it funds are off limits to OCGs.
The people in hotels were originally scheduled to be moved out by March 2021. In February, the Home Office announced its intention to move people out of hotels again, through Operation Oak, but the process has yet to be completed, and the Home Office has said that it simply intends to complete it by the summer. I hope the Minister will today confirm the new date, full plans and staging post for delivery. The fear is that this is still “Operation Acorn”.
Of course, some costs in the system are avoidable if the decisions are made quicker. The Home Office website still claims, ludicrously, that someone seeking asylum will “usually” have a decision within six months. That is simply untrue and has been for some time. More than 64,000 people are awaiting decisions, according to the Refugee Council, and the British Red Cross says that 72% have waited more than six months. Perhaps the Minister will update us on the average time today. I will be amazed if colleagues can stay in their seats both here in the room and at home, given the previous claims and the average delays that we see for our constituents.
I will give two examples from Bermondsey and Old Southwark. I have raised the cases of an Eritrean woman and a Mongolian man seeking asylum since 2017. Not only do they not have a decision four years later, but the Home Office cannot even give a timeframe for when their cases will be concluded. Perhaps the Minister can tell us today when and how the Home Office will cut the horrific backlog that his Government have created.
The vast majority of asylum seekers have their claims upheld—more than 90% for many countries—so the delay is a needless burden that affects the asylum seeker and also imposes massive cost penalties on the taxpayer: first, in expensive, avoidable temporary accommodation; secondly, because the Home Office prevents people from working; and thirdly, because of the avoidable and lengthy delays to decisions and eventual settlement and work.
At the end of September 2020, there were 3,621 Sudanese, Syrian and Eritrean nationals who had been waiting longer than six months for a decision on their application. The grant rate across those three countries at initial decision was 94% in the year ending March 2020. It could be faster, but it requires a focus from the Home Office that simply has not been there, and that I suspect we will not see from the Minister today.
The system was bad enough before covid, but covid has brutally exposed the inadequacies of the asylum process, with routine delays, inflated costs, needless waits, and prevention from work, even for the one in seven asylum claimants who have a professional background in health and social care. People that this country could have desperately done with working in our services to support people through the crisis were prevented from doing so by Government policy.
But no one could have been prepared for the horrors of the Napier barracks—a cross-party issue on which, I think, 45 questions have been asked since January from all parts of the House. The interest was because Napier exposed the worst excesses of this system, which fails people fleeing torture, genocide, war and persecution, but also fails the taxpayer, our historic contribution and the British tradition of not passing by on the other side of the street. The Napier barracks issue is likely to result in further costs to the taxpayer, with legal cases resulting from this inhumane system imposed on people fleeing to the UK for help, but forced to live in accommodation that public health bodies had said was unfit for use and likely to increase the risks of infection.
The Government claimed a few years ago that the Home Office was reviewing the hostile environment, but it was proved to be only too alive and kicking during the pandemic, perhaps inevitably under a Home Secretary who proved to be the most hostile of bosses. Will the Minister update us today on where that review is, or if it even still exists? Napier shows that, at the same time as wider Government was telling the public to stay home, isolate where possible and protect the NHS, this bit of the Government, the bit that solely determines where asylum seekers live, chose to accommodate people in dormitories of 28: communal, unhygienic spaces that contravened Government guidance and public health recommendations—a shameful episode.
The shadow Minister for Immigration, my hon. Friend the Member for Halifax (Holly Lynch), wrote to the Government in December calling for a review of covid safety in all establishments being used for accommodation. In a response at the end of the year, the Home Office claimed it was committed to upholding statutory duties, including providing safe covid-compliant accommodation to those who need it, but failed to undertake that review. Does the Minister have an answer or explanation for that failure today, or better still an apology to the people put in those horrific circumstances?
Sadly, instead of learning from this hideous mistake, which rightly caused public outrage, Ministers planned to extend the use of communal rooms, with proposals for cabin-style accommodation on former MOD land in Barton Stacey. The indications are that Ministers have learned nothing, but I hope we will hear today that Napier will be no longer used and other proposals will be dropped.
I asked for this debate not just to highlight the issue of short-term, costly and dangerous asylum accommodation, but to look at the wider problem that the Government have created surrounding long-term housing through the dispersal scheme, introduced under the Immigration and Asylum Act 1999, which was designed to try to ensure an even spread of support across the country. However, under that scheme, local authorities reach voluntary agreements with the Home Office to accept asylum seekers, and the Home Office has not negotiated well.
Many local authorities have no agreement with the Home Office at all. In Scotland, only Glasgow City Council accommodates asylum seekers. At the end of last year, 223 local authorities throughout the UK were taking no asylum seekers. The system is simply not working. I hope the Minister will explain how the Home Office is delivering the Home Affairs Committee recommendation that it should pursue the commitment he made to a more equitable and sustainable system by expanding the areas participating in dispersal.
Resources are, of course, part of the issue. Councils stress that after a decade of cuts to their budgets, there is no incentive to participate. The costs to local authorities supporting asylum seekers come from social care, homelessness services and other additional support needs. There appears to be no strategy or plan from the Home Office to address this issue to work with local authorities or better support asylum seekers moving out of contingency accommodation and into communities.
The ICIBI report in March stated that there was little focus on helping residents to prepare for next steps and next to zero focus on driving up the quality of the accommodation provided. Despite promises that improvements to accommodation be made, there is increased use of inappropriate emergency sites without wraparound support.
The 10-year contracts the Home Office is using are valued at £4 billion, but information about how these services are performing remains closely guarded. Perhaps Government secrecy is unsurprising when it comes to admitting failings or trying to improve services.
I hope the Minister will tell us his plans to address these issues today and when that plan might start. There is currently no sustainable plan. The only prospect is more of the terrible same, or worse, as numbers continue to rise and costs continue to escalate for emergency temporary accommodation for asylum seekers and costs to the taxpayers.
There are, of course, options on the table. The Ministry of Housing, Communities and Local Government might be better placed to provide some supported accommodation. Local authorities are often overlooked by this authoritarian, centralised Government. The need for a place-based, more equitable approach to dispersal has been consistently raised by the Local Government Association, which resulted in the Home Office and Local Government Chief Executive Group, co-chaired by the LGA, with representation of each region and devolved Administration, established in 2019 to develop a 10-year plan for a more equitable distribution of support. I hope the Minister will give us an update on that equitable distribution today.
Others suggest a local authority public health-driven approach. Incidents in hotels and barracks in recent months have highlighted the importance of advance notice, engagement and the sharing of data, so that local services are aware of who is in their locality and what their health needs are.
Sadly, as things stand, the Local Government Association states that the dispersal structure has been abandoned during covid. It is unclear how it will return or what is in place for when the pandemic ends. Partnership is needed on this issue. Will the Minister tell us how relations will be rebuilt? How will the Government address local authority concerns and deliver a more affordable system to the taxpayer, in partnership with the communities that will provide the ultimate long-term address for asylum seekers? At a minimum, I hope the Minister will today explain plans, if any exist, for how the Home Office will move away from its over-reliance on emergency accommodation and improve information sharing with councils and health bodies.
I end by quoting one of the amazing organisations that I thanked at the outset, the British Red Cross, whose report “Far from a home: why asylum accommodation needs reform” is out today. It is based on the real experiences of people living in asylum accommodation, including barracks and finds that
“too many asylum-seeking women, men and children in the UK are living in unsafe, unsanitary and isolated accommodation. This falls far short of expected standards, for months and even years at a time. These issues have been compounded by mounting backlogs in asylum application decisions in recent years, the failure to secure enough community dispersal accommodation and more recently, the impact of the Covid-19 pandemic.”
Worryingly, the report also suggests that:
“Far from addressing these issues, the UK Government’s New Plan for Immigration…includes plans to house people seeking asylum in reception centres.”
It goes on:
“As we have witnessed in the use of military barracks, institutional-style accommodation can have significant negative impacts on people’s mental and physical health, as well as isolating people seeking asylum from wider communities, ultimately reducing social integration and cohesion…We believe this would be a mistake.”
I wholeheartedly agree with the report’s findings. I hope the Minister will give an initial response to the report in his comments, reassure us that the Home Office will no longer run a dangerous policy that puts people at risk of ill health and exposed to organised crime, and explain how he will seek to restore our proud tradition of being there at times of need.
I am going to have to impose a time limit, beginning at four minutes and rapidly dropping to three minutes for people further down the list.
I thank everyone for contributing to the debate and the Backbench Business Committee for granting it. What we are seeing is a poverty of ambition from this Government, with aid cuts and Army cuts that reduce our ability to intervene abroad to prevent the creation of asylum seekers in the first place. There is no ambition to end the backlog and delays in decision making for those who are already here, no ambition to end hotel use, leaving taxpayers footing the bill for inappropriate accommodation, and no ambition to work better with councils. Southwark and the Salvation Army offered to take more unaccompanied children, but the Home Office failed to take them up on that.
We see a reliance on a new plan that says we cannot do better than barrack accommodation, when Napier should be seen as a hideous aberration and a break with British tradition, for all the reasons exposed by my hon. Friend the Member for Halifax (Holly Lynch). That new plan relies on a bilateral arrangement with the European Union that Germany and France have already said no thanks to. The Minister should be resolutely focused on delivering the humane, efficient system that the public want and that people fleeing war desperately need, and should be fixing the existing problems in the system before creating new ones through a new plan that is a mess before it has even begun.
Question put and agreed to.
Resolved,
That this House has considered the effectiveness of asylum accommodation and the dispersal scheme in providing support for asylum seekers.
(3 years, 11 months ago)
General CommitteesI thank members of the Committee for the debate we have had and for the observations they have made.
I will start with the comments of my hon. Friend the Member for South Leicestershire and then move on to the shadow Front Benchers. To be clear, we have said that we will publish a non-exhaustive list of examples. In each instance, a decision-maker should be able to use discretion if it is fair in the circumstances to do so. I have given examples, such as those who were under 18 on deadline day and their parent or local council, who had a duty to apply for them, did not. As I reassured my hon. Friend, when they hit the age of majority, which could be in 10, 13 or perhaps even 14 or 15 years’ time, and realise that there was no application, we would see it as reasonable for them to have assumed that their parent or guardian had done it.
Again, other circumstances include ill health or mental incapacity to make an application. I reassure Members that we will look at situations where someone has clearly received faulty or negligent legal advice in relation to their status. Generally, we will ensure that decision-makers are able to look at the circumstances and see whether there are reasonable grounds, rather than having a list and saying, “If you don’t meet that list, you can’t apply.”
If that extra discretion, and the complexity and anomalies that my hon. Friend the Member for Halifax mentioned, were being added to a functioning, gold-plated, brilliant system, Members might be assured, but it is being added to a dysfunctional Home Office that is failing many of our constituents week in, week out through delays and erroneous decisions that leave people destitute.
I am sorry to hear that description of the EUSS that has already had 4.26 million applications. I give the hon. Gentleman a tip that it is about to hit another milestone in numbers of applications. We think that it is working fairly well. For most people, making an application is a 15-minute job at home, using a smartphone.
We want to take the lessons from how the EUSS has worked into the wider immigration system. Hon. Members may not have picked this up, but in the skilled worker route, an EEA national can use their smart phone from home to apply rather than making a trip to a visa application centre. Building on the experience of the EUSS, we have been able to provide secure identity checks from home. For obvious reasons, I will not go into all the details of what we do to verify identity, but this has been a real success and I am sorry to hear that description of it.
To reassure my hon. Friend the Member for South Leicestershire, we will have a range of circumstances listed along non-exhaustive lines. The longer the delay, the more there is a chance that someone knows that they do not have entitlement under the withdrawal agreement, but is claiming that they do. We want decision-makers to have flexibility and to treat this as faces, not cases. There will be a list, but it is not exhaustive.
The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East always makes well thought-through contributions, even though we have fundamental policy disagreements on this and a range of other issues. I will provide a detailed written response to him and the Committee, but I shall deal with a couple of points now. He mentioned two EEA nationals. Let us assume that they are in England, because as he will know the right to rent checks do not apply outside England. If they were renting before 30 June a landlord is perfectly entitled to accept an EEA passport or national identity card as proof that they meet the compliant environment checks. If anyone has concerns, they can regularise and make their application via the EUSS straight after. We will not be asking landlords to make retrospective checks if they have accepted an EEA passport or identity card, just as we would not expect employers on 1 July suddenly to check that every member of their staff has EUSS status. Up until that point, landlords and employers cannot insist on it, provided that someone has presented an appropriate document. They can, of course, use it and we are finding that it is very popular. Between April and June there were 400,000 checks under the new improved service, 100,000 of which were to look at EUSS status. Those who have it are already finding it a handy and convenient way of meeting the checks.
(4 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered asylum seekers and permission to work.
It is a pleasure to serve under your chairmanship, Mr Pritchard. I draw the House’s attention to my entry in the Register of Members’ Financial Interests for the support I received for research capacity in my office in relation to work on asylum seekers, refugees and migrants. The Refugee, Asylum and Migration Policy project provides research capacity to me and other Members of Parliament on this issue, and it does a fantastic job generally.
While I am thanking RAMP, I want to thank everyone involved in the Lift the Ban campaign: Refugee Action, Asylum Matters, the Refugee Council, City of Sanctuary UK, Ben & Jerry’s, UNISON, which is the country’s biggest trade union, the Salvation Army, and Church of England and other faith groups. I would also like to thank other RAMP principals, including the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), for attending this debate. I know he wants to contribute, and that is very welcome. There is no politics involved in getting this right, in my opinion.
Who does this issue affect? An asylum seeker is someone who has applied for asylum, is legally entitled to be in the country and is awaiting a decision on whether they will be granted refugee status. After a claim is made in the UK, an asylum seeker is granted the right to work after 12 months in a limited pool of occupations. That is important, because the shortage occupation list, which is administered by the Government, is a system more akin to a Stalinist economic plan in the Soviet Union than global Britain in the 21st century.
I will give a bit of the history—come with me in my Tardis. In December 2018, the Home Secretary stated that a Home Office review of the policy on asylum seekers and work would be taking place. Since then, any questions that have been posed or letters that have been written to Ministers have all been met with the response that work is ongoing. In all that time, we still do not have a full idea of the remit, the process that is being followed or when it will report.
On 25 July 2019, in a debate about priorities for Government, the Prime Minister told my hon. Friend the Member for Stretford and Urmston (Kate Green):
“The Home Office is currently reviewing that matter, and we will make an announcement shortly.”—[Official Report, 25 July 2019; Vol. 663, c. 1493.]
Shortly? Priorities for Government? That was on 25 July last year. We know that a week is a long time in politics, but 64 weeks after the Prime Minister told us that it was his priority to deliver the review and he would make an announcement shortly, we still have no news.
Does the hon. Gentleman agree that it is absolutely astonishing that the Government are taking so long to look into something that would have an economic benefit for the country? Estimates tell us that up to £42 million could be contributed to the economy by people who are currently left without any dignity and living on a pittance, when they have skills that they could bring to our country.
That is beyond astonishing. I am baffled and bewildered as to why it is taking so long. I do not shy away from acknowledging the fact that migrants of all kinds have always made a strong economic contribution, and they have strengthened our community and our society for the better. They should be better treated by our Government, who have delayed on this for far too long.
On 11 June this year, in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill Committee, the Minister announced that a new service standard for asylum claims was being developed. He said that it was
“intended to try to bring back some balance to the system…UK Visas and Immigration is engaging with stakeholders as part of these plans and considering any insight that those stakeholders offer as it tries to shape a new service standard”.––[Official Report, Immigration and Social Security Co-ordination (EU Withdrawal) Public Bill Committee, 11 June 2020; c. 124.]
I hope the Minister who is here today will tell us what that will look like, who has been involved and when it will report. I hope that he will also tell us when what the Prime Minister promised in July 2019 will finally be delivered. I assume that those things will be together, but let us see what the Minister says.
On the numbers of people affected, the Refugee Council reported at the end of June this year that 38,756 people have been waiting for more than six months for a decision. That is a massive increase on the figure for this time last year. It is a record-breaking rise, and a record-breaking failure in the Home Office. From the end of June this year, almost 17,000 applications have been waiting for more than 12 months for an initial decision. That is astonishing, and it is pathetic. Any business with such a level of delivery would be shut down. It is a complete failure and a dereliction of duty in the Home Office. We should not forget that an application does not just represent one person; there can be a whole family on one application.
I understand that the hon. Gentleman is driven by compassion for genuine asylum seekers, but does he not agree that what he proposes would feed into the business plan of the traffickers who bring economic migrants to our shores, causing the misery that we have seen both at sea and in the backs of lorries?
It is completely the opposite, I am afraid. Asylum seekers could make, and want to make, an economic contribution to this country, and that is to be welcomed. People are forced to use illegal measures to get into the country because of the delays and our terrible system. If we were more compassionate and stuck with the UK tradition of helping people, rather than turning a blind eye or crossing the road, we would be in a better position morally and economically.
I, too, need to draw Members’ attention to my entry in the Register of Members’ Financial Interests as a RAMP principal. Does the hon. Gentleman agree that the introduction of safe and legal routes—we very much welcome the Government’s commitment to doing that—by which people can establish their claims is key to the United Kingdom’s ability to disrupt traffickers and those who bring people into the country in very high-risk ways, which are a matter of legitimate public concern?
Does the hon. Gentleman also agree that the introduction in 2002 of the ban on asylum seekers working reflected a prevailing concern, in the then Labour Government and in Parliament more widely, about the economic impact? At the time, the United Kingdom was preparing for the accession of further countries into the European Union. However, according to the research that RAMP has shared with us both, 67% of businesses believe that now is the time to lift the ban. Does he agree that we need to recognise that times have changed, and that safe and legal routes and the changing economic climate make a case for doing so that simply did not exist when the Labour Government introduced the ban in 2002?
I thank the hon. Gentleman for that contribution, and I completely agree that times have changed. These people, however, are often professionals; they have skillsets that we should be seeking to use to benefit our economy.
I was speaking to the hon. Gentleman outside about the fact that of six Syrian families that came to Newtownards, all of the menfolk were skilled carpenters and wanted to work. One of the things that held them back was language. Does he feel it is important that we encourage those people who have skills whenever there is a market for them at the same time, as there certainly was in my constituency?
I agree, the Government should prioritise English language training to overcome the language barrier. We have seen a drop in the availability of English language teaching and training, and that needs to come back.
The point about it being time to change is really important, because Lift the Ban’s research showed that one in seven of the people seeking asylum have experience of working in health and social care. We have a shortfall in those sectors, and in any normal year we should be welcoming people and getting them into those jobs as quickly as possible. In the context of a global pandemic, there is simply no excuse for denying this workforce a chance to get on with those jobs, which we need more than ever. I hope today the Minister will talk us through how he will be fast-tracking those with health and social care backgrounds, in particular, into jobs.
We need more nurses and medical practitioners, and people with that skilled background are going through an inhumane process—state-sponsored destitution on £5.66 a day or £39.62 a week. I hope that the Minister will listen to campaigners and tell us when that rate will be increased, and why it has not yet been increased to help people protect themselves, their families and the broader community in response to covid-19.
There is evidence that this policy has left people vulnerable to exploitation and criminals. Even in Home Office-run hostels, gangs target these people because they know they are desperate for cash and income. This is a Home Office policy—the Department responsible for law and order and tackling crime has a policy that results in an increase in crime.
I will be brief. Britain, our country, has a proud history of supporting people fleeing war and persecution, and the use of language is very important. It is important to remember that asylum seekers are people; they are fellow human beings and they need to be treated with respect, dignity and fair process. Does my hon. Friend agree that the reason so many hon. Members on Opposition Benches are alarmed by inaction by this Government is that this Government and the Home Office were the architects of the hostile environment that led to so much damage to the fabric of society?
I think that there is cross-party support for this, and I will come back to the subject of the broader public.
Before I leave the subject of occupations, the Government’s list of approved proficiencies includes classical ballet dancer or skilled orchestral musician—so those are okay, but for other professions, where we desperately need people, people are being delayed in getting into those jobs. I hope the Minister will commit to overhaul the shortage occupation list system; he will have public support for that. British Future found that 71% of the British public supports the right to work after six months—public opinion will be on the Government’s side should they introduce the policy.
I want to talk about the situation in Southwark. We have 189 dispersed asylum seekers housed across the borough, and the council has a commitment in its refreshed plan to making Southwark a borough of sanctuary, working with community groups and partners to help and support refugee and migrant asylum seekers in the borough, and campaigning to end the hostile environment, which the Government told us they wanted to end. They told us they were dismantling the hostile environment, and yet here it is alive and kicking and damaging people’s lives, leaving people destitute.
I want to celebrate the work of the Southwark day centre for asylum seekers, which does a tremendous job and has very strong links to this House; the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and the hon. Member for Dulwich and West Norwood (Helen Hayes) are both patrons of it. People from the centre tell me that the majority of the people they see do not have the right to work and are dependent on charities and faith groups. Churches and mosques are picking up the slack because we have an irresponsible Government leaving people without support. Some of the people they are supporting are not even covered by the asylum support scheme and live beyond destitution. They have confirmed that 40% of the asylum seekers they are helping wait longer than 12 months for a decision—40% of the people they see. I see these people in my casework and surgery sessions—not face-to-face at the moment, although I do make exceptions, so if anyone does need to see me, we can do in a covid-secure way in my constituency office.
I promise to be super brief. I was reading a quote about how cash benefits have been regarded as
“a major pull factor that encourages fraudulent claims”—[Official Report, 14 June 1999; Vol. 333, c. 16.]
from asylum seekers. That was from Jack Straw, when he was overseeing this policy as Home Secretary. Does the hon. Member agree that one strength of recognising that times have changed and introducing the right to work is that it would prove to our constituents that asylum seekers are not scroungers, but people with skills valued by British businesses who are here to make a tax-paying contribution, rather than expecting to subsist off the taxpayer?
I agree 100% and that echoes the point made earlier that these are people who want to contribute, to make a difference and to improve our country as well as their own lives. I have two quick examples from constituency casework. One woman who applied for asylum in 2014, was initially refused, and reapplied in 2017 has still had no response and no decision. She fled Eritrea due to political repression and has physical injuries as a result of the beatings that she took there. Her current application has taken more than three years and remains undecided. The second is a man with post-traumatic stress disorder from his experience in Iran, where he was born, who received a refusal in 2019, after waiting more than a year initially. He submitted a fresh application, including more medical information, has still not received a response and is left destitute. This is an issue—the longer people wait and are out of work, the harder it is for them to contribute when permitted by the Government. Of course, there are also mental health issues and other implications for those left marginalised and isolated on the periphery of society. These are people who could be contributing, as other Members have mentioned.
It is estimated that the current policy costs the taxpayer almost £100 million a year—for an awful, inhumane and incompetent approach. The CBI and TUC back the Lift the Ban campaign. It would generate income and reduce bureaucracy, help raise additional income tax and national insurance, and cut emergency accommodation and other costs. Of course, there are stronger and long-term savings as people integrate and contribute more. Compared globally, we perform badly. Before people can work in France, Spain and the USA it is six months, in Germany it is three months, and in Italy two months. In Canada and Australia—Ministers often hold up the Australian immigration system—there is no wait. People can get into work as soon as they arrive. Why are we not using the Australian model? Why is the Minister still sustaining the damage of this policy to our economy and those people’s lives?
In conclusion, what the campaign asks for is a change and for the ban to be lifted to ensure a more humane approach that tackles this long-term isolation and marginalisation; one befitting the UK’s proud history of support and allowing people who face persecution and repression abroad to enter; and one that is in our economic interests, helping us to tackle covid so that people can protect themselves, the NHS and the wider community. Without that change the Home Office, the Department responsible for safety in this country, leaves those people and our whole community unsafe.
Will the Minister look at those who have health and social care backgrounds and fast-track them on the SOL, so that they can work sooner and while our services so desperately need them?
We conducted a review of that back at the beginning of the pandemic, and the numbers that I was given were very, very small, but I will say that the professions that are on the shortage occupation list and can be applied for include medical practitioners, psychologists, nurses, speech and language therapists, occupational therapists—and even actuaries and architects. Paramedics are on there as well. There are quite a lot of medical professions on the shortage occupation list already. A review is ongoing. It will report as soon as we are able to complete it, and I will of course report back to the House when that happens, but in the meantime I completely take the point about speeding up and making sure that we make these decisions quickly, for all the reasons that we have discussed this afternoon.
Question put and agreed to.
(4 years, 1 month ago)
General CommitteesThe simple answer is yes. As my hon. Friend says, our main focus is on ensuring that people register before the deadline. We recently confirmed grant funding for 72 organisations, which will receive support to assist vulnerable people who need extra help to apply. We will, as I have said before, take a generous approach to what reasonable grounds are, and we will publish illustrative, not exhaustive, guidance. We are keen to take into consideration whether the individual circumstances in which a late application is made are reasonable.
I regularly cite the relevant example of a child in the care of a local authority that has the duty to make the application on their behalf. If the local authority fails to do that, and the person becomes an adult and realises that the application was not made for them, that would be seen as an eminently reasonable ground, because they were entitled to believe that the local authority would have done its duty and made the application on their behalf.
Moreover, there is no set time period for reasonable grounds. For example, in the case of a looked-after child, the Home Office accepts that it could be some time before they run into the problem. For the sake of argument, an eight-year-old child will become an adult in 10 years’ time and might discover when they go for their first job that the local council had not made the application 10 years ago. That would still be seen as a reasonable ground for a late application, because the child would not have known about it.
I commend the campaign by the hon. Member for South Leicestershire. The Government have provided some £17 million to grant-based organisations to identify those who are more vulnerable and to reach those affected. How many people have been reached so far? And how many others who need this safeguard and protection do the Government think have not been reached?
It is impossible to give an exact number because we will have free movement until 31 December. People can arrive in the United Kingdom tomorrow and gain free movement rights and eligibility to apply to the European settlement scheme. We have been monitoring performance with the grant-funding organisations. Performance has been strong. I visited one in Southwark recently. I was pleased to see the work it was doing with the Spanish-speaking community in Southwark.
Overall, the scheme has had just over 4 million applications. In the early part of next month we will publish the next set of numbers up to the end of September, which will break it down in more detail. The grant-funding organisations have been doing quality work. We are loth to go purely on numbers because some of them work with people with incredibly chaotic lifestyles. For example, one in Scotland works with the homeless. Doing it purely by numbers would not necessarily reflect the quality of the work they have done in supporting the vulnerable and ensuring that they have an EU settlement scheme application.
As has been touched on, we will have an illustrative list of reasonable grounds as to why an application might be made late. We will judge each individual case. In some cases, there will not be a time limit. We are keen that each circumstance will be looked at to see whether there is a reasonable ground. My example of the child in care will probably be among those cases with the longest periods, because it would be reasonable for them not to have realised that the council had not made the application on their behalf. If they are eight years old today, it could be 10 years before they engage in the issue as an adult and they may need to present certain things under the compliance environment.
Finally, I have sent around a letter—I apologise to Opposition Members for it coming not long before the Committee—following a constructive conversation yesterday with a number of Members of both Houses of Parliament about the impact of some provisions on those who are here but not exercising a free movement right. We have extended to them the ability to apply to the EUSS by making the criteria under our domestic law residence and not exercising a free movement right regulation. We think it is right to be generous because some of these people have been in the UK for many decades, so that is the right thing to do rather than asking people to prove exactly which free movement right they are exercising. We had queries and have issued a letter setting out the Government’s position on the grace period, pending them applying to the European settlement scheme.
I turn to the draft Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, which protect the rights of EEA citizens who have begun frontier working in the United Kingdom by 31 December 2020 and wish to continue to do so. A frontier worker is a person resident outside the UK who comes to the UK for work. They continue to have the right to come here to work once freedom of movement has ended, for as long as they continue to be a frontier worker.
The regulations establish a frontier worker permit scheme to allow protected frontier workers to apply for a permit confirming their rights. Applications for frontier worker permits will be made online and will be simple, streamlined and, like other routes, free of charge. From 1 July 2021—the end of the grace period—frontier workers will be required to hold a valid frontier worker permit as evidence of their right to enter the UK on that basis.
The regulations set out the circumstances in which a protected frontier worker’s rights can be restricted and a permit can be refused or revoked, in accordance with the withdrawal agreement. They also provide protected frontier workers with statutory rights of appeal against decisions that restrict their rights, as well as a right of administrative review against certain decisions concerning eligibility. For the benefit of those Committee members who are wondering, I can confirm that Irish nationals who are in effect frontier working across the Irish border do not need to go through the process, given the status of Irish nationals under UK immigration law and their ability to live and work in the UK. The vast majority of frontier workers across the border in Ireland are Irish citizens, and that is the status they need to have. They would not be required to apply to that process.
I turn to the draft Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020. The regulations give effect to the UK’s obligations under the withdrawal agreements that require the UK to consider conduct committed before the end of the transition period in accordance with the current EU thresholds when restricting the rights to enter and reside of a person protected by those agreements. These protections extend to people protected by the UK’s domestic implementation of those agreements.
Now that we have left the EU, it is right and important that parity is created for all foreign nationals in the United Kingdom. Currently, the test for whether a third-country national is liable to deportation is stricter and more specific than that for EEA citizens, which means it is easier to deport third-country nationals who have committed criminal offences. Similar distinctions exist for other types of restriction decisions—for example, a person’s exclusion from the United Kingdom.
We are required by the agreements to apply the EU thresholds of public policy, public security and public health, as set out in the EEA regulations, when assessing conduct committed before the end of the transition period, for the purpose of restricting a person’s right to enter or reside in the UK. The thresholds will apply to those protected by the agreements or the UK’s domestic implementation of those agreements, including those with status under the EU settlement scheme; those with an EU settlement scheme family permit; those who have a right to enter the UK for the purposes of a continuing course of healthcare; those who have entered the UK as a Swiss service provider; and those who are frontier workers. Conduct committed after the end of the transition period will be assessed according to the same criminality thresholds that apply to non-EEA nationals today, consistent with the agreements and creating a fair immigration system for all.
The Immigration and Social Security Co-ordination (EU Withdrawal) Bill contains provisions to revoke the EEA regulations at the end of the transition period, after which these regulations will come into force. To comply with our obligations under the withdrawal agreement, we need to save and modify relevant provisions in the EEA regulations in so far as they apply to deportation decisions. That will allow us to apply the current EU law thresholds to conduct committed before the end of the transition period. The regulations also provide that deportation decisions made in accordance with these protections continue to be appealable in accordance with the UK’s obligations. I can confirm that that will be when the conduct was committed, not when the conviction is received. To clarify, when the matter that is the subject of the conviction occurred will determine whether this applies.
To conclude, these three draft instruments implement the Government’s citizens’ rights commitments under the withdrawal agreement. I commend the regulations to the Committee.
(4 years, 4 months ago)
Commons ChamberDomestic abuse devastates lives. During this time of covid that we have all experienced, victims are particularly vulnerable, and as we know, home has not been a safe place for everyone to access the usual support that they could receive. That is why, through our landmark Domestic Abuse Bill, we are committed to protecting victims in a stronger way.
As things stand, the Government are discriminating against people who have “no recourse to public funds” restrictions imposed on them and their British-born children, who are denied access to support. Will the Home Secretary end that discrimination by amending the Domestic Abuse Bill to ensure that help is provided to everyone affected by domestic violence and scrap this fundamentally racist policy?
The Domestic Abuse Bill has, I think it is fair to say, been discussed extensively in the House, and I want to thank everybody who has made outstanding contributions to it, including the many organisations that participated in advance of the Bill coming to the House. We are offering support to migrants who suffer domestic abuse through our destitution domestic violence concession scheme. I would like to emphasise—and the hon. Gentleman will know this from his work as a Member of Parliament and with local authorities—that support is provided by local authorities, and individuals can access safe accommodation and get support through various means, which is incredibly important.
(4 years, 10 months ago)
Commons ChamberWill my right hon. Friend give way?
I have to make progress.
The response of the Government, which no doubt we shall hear from Ministers today, is to talk tough on crime—to talk about draconian measures—and to criminalise law-abiding citizens who are upholding their rights. This Government threaten to criminalise trade unionists who are engaged in legitimate strike action, and they have been forced to admit an “error” in listing campaign organisations such as CND and Greenpeace as extremist. Their discredited Prevent programme has been politicised because this Government and these Ministers confuse extremism and disagreement with them.
Research funded by the Home Office says that the Home Secretary’s approach to young people in danger of radicalisation is “madness”—the opposite of what is required to prevent radicalisation. I have to tell Government Members that they will not tackle crime by criminalising lawful activity by campaigners such as CND, they will not tackle crime by imposing ever longer sentences whereby inexperienced, first-time offenders become hard cases or drug addicts in prison, and they will not tackle crime by cutting the police so much that they cannot catch the criminals in the first place.
As everyone knows—[Interruption.] The behaviour of Government Members suggests a contempt for the issues I am talking about, whether violent crime or rape. Labour’s promise in the 2017 election and its pledge to increase policing after years of Government cuts resonated with the public. I take the current Government’s pledge as something of a tribute to our work and the Leader of the Opposition’s leadership of the Labour party. We always understood, however, that increased policing would not be enough. As many senior police officers have told me, we cannot arrest our way out of a crime problem. We have to take an integrated approach—more and better policing, treating crime as a public health issue, drawing in all the public services and funding them properly. The Government have paid lip service to the idea of a public health approach, but many of the services that have to come together to make that work—schools, youth services, housing—are funded by local authorities, and the Government have no intention of funding those properly.
Yes. I think we should all be concerned about that statistic. As the right hon. Lady will know, the Prime Minister has ordered a royal commission to review the criminal justice system, and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), will lead a review on rape to see what more we can do to improve criminal justice. We must bear in mind, however, that the best sort of victim is someone who is not a victim at all, and I want to concentrate our efforts on the prevention of crime alongside its prosecution.
I have mentioned the increase in police funding. Last week, I announced that we would go even further. In 2020-21 we are giving forces £700 million for the recruitment of the first 6,000 of the 20,000 additional police officers promised in our manifesto, which represents an increase of nearly 10% of the core grant funding provided last year. Those first 6,000 officers will be shared among the 43 territorial forces in England and Wales, and will be dedicated to territorial functions.
The scale of this recruitment campaign is unprecedented: no previous Government have ever attempted such an ambitious police recruitment drive. The new officers will be a visible and reassuring presence on our streets and in our communities. If we assume full take-up of precept flexibility, total police funding will increase by £1.1 billion next year. That—as we heard from the right hon. Member for Hackney North and Stoke Newington (Ms Abbott)—is the largest increase in funding for the police system for more than a decade, and it means that every single force in England and Wales will see a substantial increase in its funding.
Since 2010, Southwark has lost more than 400 police officers and police and community support officers. When will the Minister give them back to us?
Well, Mr Deputy Speaker—sorry, Mr Speaker! Forgive me. It was a slip of the tongue, and a memory, happily, of old times.
We will recruit 20,000 police officers over the next three years, and Southwark—or, rather, the Met—will receive its share of those officers, alongside whatever the Mayor of London chooses to do in augmenting the Met’s finances. We would be very pleased if the Mayor, whoever that may be after May, stepped in to shoulder much more of the responsibility for fighting crime in the capital in a way that, to be honest, we have not seen in the last few years.
I am not saying this just because it is time. Two years ago almost to the day, I wrote an article in the Evening Standard—an op-ed from the Back Benches—saying exactly the same: that it was about time City Hall stepped forward and fulfilled its responsibilities for fighting crime.