EU Settlement Scheme: Looked-after Children and Care Leavers

Peter Bone Excerpts

Tuesday 3rd September 2019 Westminster Hall

[Tim Loughton]

My hon. Friend makes an important point. Although we are talking primarily about the looked-after children population in England and Wales, there is a particular issue in Scotland. I had not realised that the proportion was that high. It is really important that money going into education, which is also for the wider benefit of children in the social care system, is targeted at those children who need it most. If the issue is not dealt with, the problem in Scotland could be greater even than that in England and Wales. I hope that the Minister and the Scottish Administration are listening to my hon. Friend’s case.

Many of the children in this potentially most problematic group will have come here in difficult circumstances and gone into care, and it is highly likely that they lack birth certificates and passports and will find it difficult to prove their length of stay in the UK. They may have been moved around the whole system, as so often happens. Yet these children—I repeat that they are children—are expected to produce documentation in order to qualify under the scheme, even though they may not have that documentation. Moreover, the local authorities responsible for them could face huge challenges and detective work, requiring their buying in legal expertise and acting as advocates at a time when they are already hard pressed to look after the record number of children from the indigenous population who have recently entered the care system.

The hon. Member for Birmingham, Selly Oak pre-empted what I was going to say about the citizenship fees, which have been flagged up by the Select Committee on Home Affairs. The increase in fees over recent years, at all levels, has been extravagant, to put it mildly—the fees go well beyond recovering the cost of the service offered. In the past, it was always the principle that the charge should be equivalent to the cost of recovery, not that it should exceed it in order to subsidise services elsewhere in the Home Office. It is difficult to justify the high fee of £1,012 for a child to whom we have given safety and refuge. In most cases the cost will come out of local authority budgets—namely, children’s social care budgets, which are already greatly pressed—meaning less money to spend on social workers and on care placings for other children. Mr Bone, I should have mentioned my entry in the Register of Members’ Financial Interests.

Before I conclude with my asks, I wish to reinforce what the hon. Member for Birmingham, Selly Oak said about the situation of children coming over from France. There has been recent correspondence between the previous Home Secretary—my right hon. Friend the Member for Bromsgrove (Sajid Javid)—and the Home Affairs Committee, because we were concerned about what was happening to children in very vulnerable and dangerous situations in some of the camps in France, in particular those with a claim to come to the UK through the family reunion and other schemes, the processing of which seems to be taking an interminably long time. Part of the reason for that, as I found out when I went to Greece, is that, while potential candidates are lined up by charities and authorities, the process relies on social workers back in the UK doing the investigative work to ensure that the placements properly take care of the children’s welfare. However, due to the current recruitment situation, social workers are being pulled in all directions.

The previous Home Secretary provided some reassurance in his letter:

“I am pleased to confirm that the vast majority of the cases involving children in France awaiting transfer to the UK have been resolved, with many of the children having already transferred, under either the Dublin III Regulation…or section 67 of the Immigration Act 2016, or shortly about to; others are pursuing their asylum claim in France.”

These are some of the most vulnerable children and, frankly, if they were in camps outside Dover our local authority children’s services departments and our Government would have taken care of them. It is extraordinary that that has not happened in other countries. I am pleased that we have now accelerated the process to ensure that those who qualify are brought to a place of safety.

In conclusion, I have two asks. The first is that automatic settled status be granted to all looked-after children and care leavers. The very fact that those children are being looked after by local authorities in what are recognised as legitimate placements, paid for by the United Kingdom taxpayer and the local council tax payer, is an endorsement of their legitimacy and of our responsibility to look after them in the first place. Surely, therefore, the assumption should be that they absolutely have a rightful place in this country. If there is a problem with that, we should argue the toss later on, but let us give them protection at the outset.

Secondly, the issue of fees needs to be looked at—an ask of the Home Affairs Committee to the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes). It is such a complicated system, as the Windrush issue threw up, with many different avenues to qualifying for citizenship. It is a complete minefield that needs to be simplified and the charges need to be reduced. The complicated nature of the system also makes it very expensive. For goodness’ sake, on behalf of this small but vulnerable group of looked-after children and care leavers, I urge the Government to waive their fees for citizenship applications. That is essential, whether or not we have a deal to come out of the EU—which matters not a jot to those children. They need our help and support. This country has recognised their need and has provided support. Let us not let bureaucracy stand in the way of continuing to do the right thing by those children, as we have a proud record of doing.

[Mr Peter Bone (in the Chair)]

It might be useful for the House to know that the wind-up speeches will have to start no later than 12.30. I have two Members trying to catch my eye, so perhaps they will bear that in mind.

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[Stuart C. McDonald]

I have to say that I do not know the answer to that question. I am sure that it was perfectly adequate. [Interruption.]

[Mr Peter Bone (in the Chair)]

Order. It is probably good that you do not know the answer, because it would be totally out of order.

[Stuart C. McDonald]

Thank you very much for coming to my assistance, Mr Bone.

I join hon. Members in welcoming the Minister to her place, but I do have to start with a slightly cheeky question: is she actually the immigration Minister? This settlement scheme is being rolled out and huge reform of the immigration system is ahead, but we spent the summer not knowing who was actually responsible for immigration matters and where I should send my angry letters—or, indeed, my very constructive and helpful letters. If she is the immigration Minister, she can look forward to lots of correspondence in the weeks ahead.

Turning to the issue at hand, other hon. Members have eloquently and persuasively set out the significant challenges that looked-after children and care leavers will face in accessing either the immigration status that is in their best interest, or the citizenship status that they are entitled to and will be in their best interest. I have also heard concerns about the under-representation of children among those who have already applied for settled status.

On the settled status scheme, as the hon. Member for Birmingham, Selly Oak said, even though the Home Office is pulling out all the stops—I appreciate it is putting a lot of work and resource into it—hundreds of thousands of EU citizens or their family members will almost certainly not apply for or achieve settled status, or even pre-settled status, by the deadline. As we have heard, for some, that will be due to a lack of awareness or to legal complexities that mean that they do not understand that they need to apply; for others, there will be barriers in relation to the evidence that needs to be sent in.

Looked-after children, care leavers and other vulnerable persons will be over-represented in those groups and the consequences for them of failing to apply in time will be dire, as they will be for everyone affected. Overnight, they will be deemed to be in the country illegally and the full weight of the hostile environment will kick in: university, education, some healthcare, bank accounts, driving licences, employment and social security will all be put out of reach.

What can we do to stop that? From my party’s point of view, the solution is to keep the free movement of people by abandoning Brexit altogether or by securing a deal that includes retaining all the advantages of free movement. It would be brave and surprising if the new Minister were to announce that she accepted that proposition, so if that is not possible, the Prime Minister should do what he, the new Home Secretary and the new Chancellor of the Duchy of Lancaster promised during the referendum campaign, which is to enshrine the rights of EU citizens in law.

In a declaratory system, EU nationals would not be required to apply to retain their right to live here, but would be granted that right in an Act of Parliament. They would have to apply to the settled status scheme simply for a document to prove their position in future. Professor Stijn Smismans and the3million have worked extensively on proposals about how to do that; the Home Office should engage with them.

It is not a perfect solution because, of course, after the deadline, hundreds of thousands of people would still not have applied for the necessary evidence of their settled or pre-settled status. However, the simple truth is that they would have the right to be here, and would therefore still be able to provide proof of that right and to secure the necessary documents or other means of proof as soon as it became apparent to them that they were required to do that.

The Home Office’s refusal to listen or understand that simple fact is infuriating. It has made various nonsensical arguments about a declaratory system being responsible for the Windrush fiasco, but that is not what a single inquiry into that horrible episode has determined —it is simply not true. Under a declaratory system, those who missed the deadline would have a chance to rectify their position. Under the Home Office system as established, hundreds of thousands of people—thousands of whom might be looked-after children, care leavers and other vulnerable citizens—will be left here without legal status, which would be an absolute disaster. I call for a declaratory system for everyone, but if that is not possible, I absolutely join other hon. Members in calling for a declaratory system for looked-after children and care leavers. I hope that the Home Office will think about changing paths now.

In the meantime, has the Minister or the Department made any attempt to estimate how many people they expect not to apply before the deadline? Will she make it clear today what will happen to those who miss the deadline, including looked-after children and care leavers? How will they be treated? There has been an incredible lack of clarity on that. If the Home Office will not change tack, MPs should be allowed to debate and vote on the issue. We debated it during the passage of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. What has happened to that Bill and what will happen to it now?

Regardless of whether the Home Office chooses to change its fundamental approach, or, more likely, is forced to by legislation, or whether it presses ahead with its current model, hon. Members have raised other issues to address and actions to pursue. The Home Office must ensure that there is sufficient funding for awareness-raising programmes, with a particular focus on making sure that local authorities have a clear understanding of what is required of them in relation to looked-after children and care leavers, and the resources to ensure that those groups can obtain all the advice and support they need.

As has been said, the position of many of those youngsters is incredibly complicated. For a child, choosing the right application to make or whether to make an application at all, or knowing whether they might have a right to citizenship, is hugely complicated but has profound implications. We cannot expect social workers to do all that. All those young people must have access to specialist legal advice and support, which should be funded by the Home Office.

The duty of local authorities must be to do everything possible to secure that expert advice, not to provide makeshift alternative advice that they are not qualified to deliver. As other hon. Members have said, that duty must extend to all looked-after children and care leavers, not just those for whom the local authorities have parental responsibility.

I echo the comments of the hon. Member for Stretford and Urmston (Kate Green) about legal aid. The announcement in July 2018 that legal aid for separated children with immigration issues would be reintroduced, including for children who need advice and support to secure EU settled status or understand their right to British citizenship, is yet to be implemented. It is essential that we know what will happen to that proposed change, given that Parliament may not be sitting for much longer. More broadly, immigration and citizenship should be brought within the scope of legal aid, as they are in Scotland.

The distinct issue of citizenship is relevant to many care leavers and looked-after children, because a significant number of them will be entitled to register as British citizens. The key barriers are, again, a lack of awareness and the extortionate cost of vindicating those rights via the registration process, as other hon. Members have said. I repeat, therefore, that we need measures to ensure access to legal advice and to address the outrageous fees being charged by the Home Office. The new Chancellor, when he was Home Secretary, acknowledged that the £1,000 fee was a huge sum of money to charge children; I would say it is disgraceful, particularly when we are talking about looked-after children and care leavers.

At the end of the day, those kids are every bit as entitled to citizenship as anybody in this Chamber and they should not be prevented from obtaining it by extraordinary fees. I urge the Minister not to do what other Immigration Ministers have done, which is to conflate the issue with migration fees or the adult naturalisation processes—they are completely different. We are talking about a group of children for whom Parliament expressly protected the right of citizenship when it ended the general provision of citizenship by birth in 1981. If Home Office officials demanded £1,000 from every mother leaving the maternity ward to secure their kid’s citizenship, there would rightly be outrage, but to charge those kids for theirs is as morally reprehensible. In the case of looked-after children and care leavers, at least, the Home Office must see how outrageous its position has been up to this point and act accordingly.

In conclusion, I congratulate the hon. Members for East Worthing and Shoreham and for Birmingham, Selly Oak on securing the debate. I support them in what they are trying to achieve and will happily work with them to attempt to persuade the Home Office to listen.

Oral Answers to Questions

Peter Bone Excerpts

Monday 15th July 2019 Commons Chamber

[Victoria Atkins]

I think that, when we have the opportunity to do so, we should talk up our country and what we are doing to lead the world in tackling modern slavery. We really are leading the world; the Prime Minister hosted a dinner last week with the McCain Institute, at which people from across the world acknowledged the world-leading work we are doing in this country. Of course there is more to do, which is precisely why we asked the right hon. Member for Birkenhead (Frank Field), my right hon. Friend the Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss to conduct an independent review of the Act to ensure that it is up to date and working. We know that modern slavery criminals change their mode of working. From that, last week we announced £10 million over five years to establish cutting-edge policy and evidence centres on modern slavery and human rights. We also responded to the independent review of the Modern Slavery Act and accepted the majority of its recommendations. I really believe that this work on transparency in supply chains will be groundbreaking.

[Mr Peter Bone (Wellingborough) (Con)]

I entirely endorse what the Minister said about how this country leads the fight against modern-day slavery, which is a great credit to the Prime Minister, but should she not encourage all businesses to report possible victims as they come across them in their daily business? Police would prefer to have an investigation that leads to nothing than leave victims in modern-day slavery.

Leaving the EU: Rights of EU Citizens

Peter Bone Excerpts

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

The hon. Lady will have heard my answer earlier, and there continues to be ongoing work with European counterparts and the EU to make sure that they offer the same clarity and simple status that we have offered for EU citizens who are living here.

The hon. Lady refers to her constituent’s US wife and, of course, under the Surinder Singh rules she will already be eligible to come here with him if they have been living in an EU state for a significant period of time.

[Mr Peter Bone (Wellingborough) (Con)]

If there is no deal, what will happen on 30 March 2019, when free movement will have ended, if an EU citizen presents himself at our borders?

[Caroline Nokes]

It is an important principle, as has been set out repeatedly, that we wish to be an outward-looking trading nation post Brexit. It is important, in my view, that we continue to allow EU citizens to use e-passport gates. Many hon. Members will have heard the Chancellor’s commitment in last week’s Budget to open up e-passport gates to further cohorts of nationalities. Of course, on day one of Brexit people will still be able to use their passport at e-passport gates as they travel into the UK.

Oral Answers to Questions

Peter Bone Excerpts

Monday 16th April 2018 Commons Chamber

[Mr Speaker]

I am extraordinarily grateful to the hon. Lady, from whom we have already heard—we may have another dose of her later, but not in substantive questions, because that is in contravention of the procedures of the House.

[Mr Peter Bone (Wellingborough) (Con)]

Good try.

[Mr Speaker]

“Good try,” says the hon. Member for Wellingborough (Mr Bone), chuntering from a sedentary position to what he will regard as an obvious purpose.

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[Mr Wallace]

I recommend that the hon. Gentleman looks at examples in other parts of the country of how county lines are dealt with using other agencies. I think his local authority is Ilford. Many local authorities and police forces work together on county lines in a pan-agency group, including social services and other local authorities. I saw one recently in Merseyside, which is doing exactly what he urges. If he thinks Ilford is not doing that, I would be very happy to meet him and the council to see what it can do to improve.

[Mr Peter Bone (Wellingborough) (Con)]

A wave of organised crime burglaries is happening in the Wellingborough constituency. In one case, two 60-year-olds—a man and a woman—were taken into separate rooms and threatened with all sorts of things that would happen to their other half. This was in the early evening, and the burglars just smashed in the front door. Those people said to me, “What would happen if we’d defended ourselves? If we’d protected ourselves, would we have ended up in prison?” We need to look at that issue again.

[Mr Wallace]

My hon. Friend makes an important point about self-defence and the rights of homeowners. He will obviously have seen the recent events—I cannot of course refer to that case because it is sub judice, or certainly an issue in hand—but there is clear guidance about this from the Ministry of Justice. It is important that people understand they have a right to self-defence, but they should sometimes be careful not to take the law into their own hands. If the organised criminals are well armed and dangerous, people should rely on the help of the blue light services.

UK Passport Contract

Peter Bone Excerpts

Monday 26th March 2018 Commons Chamber

[Mr Peter Bone (Wellingborough) (Con)]

The EU leadership group is in turmoil: it is worried about the British passport being made in France, because when the French people see this symbol of freedom and independence and realise that the British people are gaining control of their borders, money and laws, they will rise up and want to leave the EU. What does the Minister have to say to the French?

[Caroline Nokes]

My hon. Friend tempts me to say something I am really not going to say. What I welcome as part of this whole process is that we have companies in this country and abroad that can take part in a fair bidding process, where the best quality, the best security features and the best value for money wins, regardless of nationality.

Online Hate Speech

Peter Bone Excerpts

Thursday 30th November 2017 Commons Chamber

[Amber Rudd]

I thank the right hon. Lady for her powerful response. I think it is fair to say that we have been very clear. President Donald Trump was wrong to retweet videos posted by the far-right group Britain First. We have said so clearly in this House and the Prime Minister has said so clearly online. We will continue to speak freely and frankly when such activity takes place.

[Mr Peter Bone (Wellingborough) (Con)]

I think that the whole House will agree with the Prime Minister’s words. One of the advantages of having such a special relationship with the United States is that when a friend tells us we have done something dreadfully wrong, we tend to listen. Would not the world be a better place if the Prime Minister could persuade the President of the United States to delete his Twitter account?

[Amber Rudd]

My hon. Friend makes an important point. It is true that we all listen more carefully to criticism from our friends than from people with whom we do not have a relationship. I hope that the Prime Minister’s comments will have some impact on the President. It is interesting to note my hon. Friend’s advice regarding Twitter accounts; I am sure that many of us share his view.

EU Nationals

Peter Bone Excerpts

Wednesday 29th November 2017 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The instruction has been given earlier, but I will repeat it for the record, to make sure that we are all aware. The Leader of the House of Commons made it clear that

“the Government are determined to listen and take account of views from all sides of the House. Where there is opportunity for the Government to listen and better enable the effective work of Parliament, we will do so.

To that end, I am today updating the House on the Government’s approach to Opposition day debates. Where a motion tabled by an Opposition party has been approved by the House, the relevant Minister will respond to the resolution of the House by making a statement no more than 12 weeks after the debate. This is to allow thoughtful consideration of the points that have been raised, facilitate collective discussion across Government, especially on cross-cutting issues, and to outline any actions that have been taken.

This is in line with suggestions made by Members across the House and I hope colleagues will welcome the new initiative and the opportunity for accountability this provides.”—[Official Report, 26 October 2017; Vol. 630, c. 12WS.]

[Mr Peter Bone (Wellingborough) (Con)]

On a point of order, Mr Deputy Speaker. Given that sensible explanation from the Leader of the House, will that now be known as the “Leadsom principle”?

[Mr Deputy Speaker]

I think the hon. Gentleman has just named it.

Oral Answers to Questions

Peter Bone Excerpts

Monday 16th October 2017 Commons Chamber

[Brandon Lewis]

I am optimistic that we will get a good deal both for the UK and for our partners in Europe, so that we can work together as forward-looking partners, but we are also actively monitoring work flows at the border to ensure that we have sufficient resources in place to meet demand. As my colleagues across the Government and in the Cabinet have said, it is absolutely right that we do plan for all eventualities.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister is, as always, a happy and optimistic chap, but, obviously, we must plan for a no-deal situation. The only thing that disturbed me was that the Government seem to want it kept in secret. Would it not be nice if it was shared with the whole House, so that British business and other people would know what a no-deal situation looked like?

[Brandon Lewis]

I appreciate my hon. Friend’s comments about my demeanour, and I will always try to remain optimistic and happy about the fact that we are focused on ensuring that we keep our borders secure and that we are ready for any outcome at the end of the negotiations.

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[Mr Hurd]

According to my information, Cheshire fire and rescue service has had a 31% reduction in fires over the past five years, and a 6% reduction in incidents. This year, it had a core spending power of £40.9 million, and at March 2017, it held reserves of £28 million.

[Mr Peter Bone (Wellingborough) (Con)]

Will the Home Secretary confirm that the new emigration procedure post-Brexit will be introduced in this House before the end of this year, and will she also confirm that it will not discriminate against non-EU citizens?

[Amber Rudd]

We will bring forward a White Paper on emigration by the end of this year, an emigration Bill will be brought forward at the beginning of next year and the Migration Advisory Committee will complete its report by the end of next year. It will be a very busy 12 months.

Oral Answers to Questions

Peter Bone Excerpts

Monday 3rd July 2017 Commons Chamber

[Brandon Lewis]

I hope that the hon. Gentleman will join me and colleagues in making it very clear that anyone from the EU who is working and living here at the moment can have confidence about the future. The offer we have made about settled status gives them that certainty. I hope that he will encourage not just his other half but all others on the matter. We ask him to bear it in mind that the offer we have made will mean that anyone from the EU who is settled here will have the same rights as any UK citizen. That is a fair and serious proposal.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Minister agree that the Prime Minister has made a very sensible offer and that this matter could be settled tomorrow if it were not for the EU’s intransigence?