Immigration Rules: Paragraph 322(5)

Alison Thewliss Excerpts

Wednesday 13th June 2018 Westminster Hall

[Siobhain McDonagh (in the Chair)]

Before I call Alison Thewliss, let me say that I think it has become obvious to everybody that there might be quite a strict time limit on speeches.

[Alison Thewliss (Glasgow Central) (SNP)]

I beg to move,

That this House has considered paragraph 322(5) of the Immigration Rules.

To assist those who wish to intervene or speak later, I will speak about the background to this issue and about recent case studies from my constituency, and then I have some questions for the Minister. That may help them tailor their remarks.

I pay tribute to the members of the Highly Skilled Migrants campaign group, who have now held four large demonstrations outside this Parliament and have been extremely active on social media. They have self-organised and worked hard to give this issue the attention it deserves. I also want to thank Amelia Hill at The Guardian and Kirsteen Paterson at The National, who have given this issue first-rate coverage.

For more than a year at least, the Home Office has been issuing highly skilled migrants, many of whom entered the UK via the tier 1 general route, with notices detailing that their leave to remain application has been refused. It seems that many of those decisions have been predicated purely on the applicants’ alleged poor character in the wake of amendments to their tax returns and income statements. In making those decisions, the Home Office has deemed highly skilled migrants a threat to national security under paragraph 322(5) of the immigration rules, which refers to

“the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security”.

That is highly inappropriate.

It is important to note that paragraph 322(5) is discretionary: it should be for the Home Office to determine whether to use it, based on the merits of each individual application. It also places the burden of proof on applicants, rather than on the Home Office. From my constituency casework, and from listening to highly skilled migrants who have contacted me, I have seen that that is regimented, calculated decision making. Individuals’ applications are refused whenever they supply details of different incomes, or seek to amend information in a tax return, often on the instruction of an accountant.

None of the migrants to whom I have spoken has any issues that should cause them to be considered a threat to national security, but the very invoking and recording of this paragraph could compromise their future work and travel. After all, what country would wish to accept somebody who had been refused by the UK on such grounds?

When an application is refused, it is incumbent on the applicant to challenge the decision through the courts. In many cases, the judge has overruled the Home Office’s decision, finding it entirely disproportionate. A number of refusals appear to have been predicated on nothing more than the individual making an honest mistake. As far as Her Majesty’s Revenue and Customs is concerned, when the correction is made, the case is closed. Some of the sums involved in those corrections are only a few pounds—sums of £1.20 and £1.60 have been reported—and many were from many years ago. For one of my constituents, it was from 2010. Many people have asked me, “If there was a problem back then, why didn’t it affect my status at that point?”

I raised this matter with the Financial Secretary to the Treasury at Treasury questions in May, and he confirmed that

“people should clearly continue to make appropriate changes to their tax returns. I reassure her and the House that Treasury Ministers and HMRC officials are working closely across Government—particularly with the Home Office—on the issues that she raised in order to ensure that we get these matters right.”—[Official Report, 22 May 2018; Vol. 641, c. 710.]

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this matter to Westminster Hall for consideration. Does she agree that some of those affected are doctors—highly skilled, highly valued members of our medical society—in the Ulster Hospital in Northern Ireland and in hospitals throughout the United Kingdom of Great Britain and Northern Ireland? We must ensure that those who are living, working and making a difference in our communities, and are pouring into them, are able to continue to do that without the undue stress of overly onerous immigration procedures, caused by simple non-criminal mistakes on tax returns. Perhaps some in this House have made such mistakes themselves.

[Alison Thewliss]

The hon. Gentleman is absolutely correct. Many of the people I have spoken to are in shortage occupations and are much valued. They are the very people we wish to attract to this country to work.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Several highly skilled migrants in my constituency of Slough have had their Home Office applications refused due to the heavy-handed application of paragraph 322(5). Many who contacted me have lived in the UK for more than a decade and have British-born children, and are now in a state of despair. One told me:

“I have given my best years, and contributed to the growth of Britain. My private, family and professional life are established here. I am a law-abiding citizen and have never faced criminal charges of any kind.”

Does the hon. Lady agree that it is very difficult to respond to somebody in such circumstances, and that the Tory Government’s hostile environment must end?

[Alison Thewliss]

I agree. That chimes with many of the stories I have heard. We must think particularly about the impact on children, who do not know why their parents are not allowed to work all of a sudden. Some people have not been able to access medical care for their children, which is deeply worrying.

[Paul Masterton (East Renfrewshire) (Con)]

The hon. Lady is aware of my constituent, to whom this rule was applied. In many ways, the biggest impact was on his wife, because NHS Scotland removed her access to medical services, even though she was eight months pregnant. Although NHS Scotland and Home Office staff have very difficult jobs in highly stressful situations, mistakes can have serious consequences that are hard to unpick.

[Alison Thewliss]

I thank the hon. Gentleman for that intervention. I had cause to meet his constituent, and I was so concerned about his situation that I wrote to the Cabinet Secretary for Health and Sport in Scotland to ensure that all GP practices in Scotland understand that they cannot just take people off their lists in such circumstances. Certainly, women who are eight months pregnant need medical care and should not lose it due to Home Office errors.

[Stephen Timms (East Ham) (Lab)]

Will the hon. Lady give way?

[Alison Thewliss]

If the right hon. Gentleman lets me make a wee bit of progress, I will appreciate it.

It seems extremely odd to me that HMRC could be satisfied, but that the Home Office should treat the same behaviour as akin to deception at best and terrorism at worst. If I, the Minister or anybody in the Chamber made a legitimate, in-time correction to our tax return our lives would not be turned upside down—as the hon. Member for Strangford (Jim Shannon) said—and we would not have the threat of removal hanging over our heads. It is said that half a million British citizens amend their tax records every year within the one-year grace period that HMRC allows. Others, of course, do it outside that period. None of those people is treated as a criminal under paragraph 322(5). The only reason highly skilled migrants are treated in that way is their nationality. As far as I am concerned, that is discrimination under article 8.

In one case that was reported to the press, an individual who had come to the UK via the tier 1 route went through this process. He presented a letter from his accountant detailing that the error was the accountant’s fault, and a letter from HMRC explaining that it was satisfied that the individual was not acting dishonestly, but the Home Office refused to exercise any discretion or change its original decision. In another case, after an individual’s tax information was scrutinised by three different appeal courts, no evidence of irregularities was found. The individual’s lawyer noted that the Home Office had made a basic accounting error by confusing his gross income with his net income.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The hon. Lady is making an excellent speech. That is one of the key points: Home Office officials do not know anything about tax, and they are making decisions about people’s lives based on their tax information. This responsibility has to be taken away from them today.

[Alison Thewliss]

I absolutely agree. Paul Garlick QC, who specialises in extradition and human rights law, said:

“The system is crippled by not having enough people to do the work while those who are there don’t understand the basics”,

as the right hon. Gentleman says. Paul Garlick continued:

“They genuinely have no idea of the difference between tax years and accounting years, or what is a legitimately deductible expense. My feeling is that since Theresa May’s announcement of a ‘hostile environment’ for immigrants, caseworkers have been told to look for discrepancies that could form the basis of an accusation that the applicant is lying, because that’s the quickest way to dispose of an application”.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

The hon. Lady is making an excellent case. HMRC has wide-ranging powers and can prosecute when there is any whiff of criminality, but it has not done that in any of these cases because these are mistakes or small errors of the kind that many of us have made.

[Alison Thewliss]

The hon. Lady is absolutely right. If there were a case to answer, HMRC would have something to say about it.

This issue affects not just those individuals. Last week, I spoke to Saleem Dadabhoy, who employs 20 people in his business. If his situation is not resolved, all those people will be made unemployed and a British company worth £1.5 million will be wound up. That is economic madness, and the Home Office should carefully consider the impact of its target-driven culture on the economy, especially in these uncertain times.

I have spoken to many highly skilled migrants, all of whom have been distressed about the way they have been treated, having given the best years of their lives to the UK and made their home here. We should thank that group, not put them out.



My constituent, Omer Khitab, travelled to the UK on a study visa in 2006 and completed a master’s course in international marketing at the University of the West of Scotland in 2009. He then worked in journalism and marketing before starting his own business. His accountants completed his tax return on his behalf, and the errors they made inadvertently were rectified by my constituent a few months later. Omer has written documents from his accountants to prove that, and accepting full responsibility for the errors.

Omer also suffers from depression and anxiety, a factor that his GP and his psychiatrist have acknowledged would, without doubt, contribute to his inability to spot an administrative error in his tax return. His stress is only worsened by the ongoing nature of his case. He said:

“I feel this is my home, I thought my children will grow up here, I will get married and die here. That letter saying I don’t belong to this place, I am a threat to national security, it’s very hard to swallow”.

It is hard for all of us to swallow.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

Does the hon. Lady agree that, given the association of that rule with terrorism provisions, the implications are wide ranging and can leave a black mark on people’s lives forever? It is difficult for them ever to get a visa or to work anywhere worldwide after all that.

[Alison Thewliss]

Absolutely. That is why there needs to be a proper and thorough inquiry into the use of the provision. If Home Office staff are being advised to use it as a means of refusing people, they are clearly not looking at the full implications or the possible long-term impact.

My constituent Omer was refused leave to remain on the basis that he had deceived the Department, which goes entirely against all the evidence that he provided. Furthermore, HMRC has written to Omer to say that its staff are satisfied that he has acted honestly and not tried to deceive anyone.

Mustafa Ali Baig also travelled to the UK to study in 2006. He obtained master’s degree in international marketing from the University of the West of Scotland in 2009. Mustafa and Omer have a lovely picture of the two of them graduated—two young boys with all their lives ahead of them, and Omer certainly is almost unrecognisable from that picture, given the stress he has been under lately.

Before coming to the UK, Mustafa obtained a bachelor of law degree at the University of the Punjab, and he has master’s degree in political science. He has worked in business development, marketing and public relations, and has undertaken voluntary positions for civil rights and social action groups. He also volunteers to run a current affairs radio show. He is very much part of the Glasgow community, and he has gone above and beyond to advocate for his friends.

As far as I am aware, there is no question as to Mustafa’s integrity, but, due to that immigration rule, as the hon. Member for Ealing Central and Acton (Dr Huq) has just pointed out, he has been told that he is a questionable character and a threat to national security—as a result of correcting a small error on his tax return in 2010. That is no basis on which to remove someone in such a way. His case goes to the immigration tribunal on 20 June—that proves that decisions on such cases are still being made, despite what the Home Secretary has said.

Mr Sanjeev Pande travelled to the UK in 2005 on a student visa and graduated from Glasgow University in 2008. He started his own IT business and was also employed as an IT consultant and project manager—a lucrative career. Most recently, he had been leading an IT project for a bank in Scotland, before his right to work was removed by the Home Office.

Mr Pande applied for ILR—indefinite leave to remain—under long-term residency rules in 2017. He had been in the UK for 12 years at that point. He hired an accountant, but his tax return submissions were subsequently questioned by the Home Office. As a result, Mr Pande made attempts to change his accountant and to rectify the errors, but the Home Office has continued to pursue him on the basis that officials believe him to be dishonest.

Most distressingly, Mr Pande was detained at Heathrow airport on his return from a family holiday in 2017. His passport and BRP—biometric residence permit—were confiscated by immigration officers, removing his right to work. That has a huge impact on the family finances, because he has a mortgage and other commitments. Judges found in his favour at both first-tier and upper tribunals. Indeed, paperwork from the first-tier tribunal states that in some detail—it is a long quote but it is worth putting it on the record—with the judge saying:

“The refusal letter is I think confusing in itself in relation to the Appellant’s income, but I have to say that I found both the Appellant and his wife to be credible witnesses. I do not think that they have acted dishonestly. The Appellant relied on the advice of an accountant. He was entitled to rely on that advice and whilst he is under a duty to check information, it is entirely unfair to expect him to have a level of accountancy and tax knowledge accorded to professionals in this field... He was clear that he sought clarification from the accountant but eventually, when he was unable to get satisfactory answers, he changed accountants… It also appears to me that the Appellant was unfairly treated by the Home Office. His passport was retained during the first appeal proceedings. As a result he was unable to find employment since employers refused to employ him without the benefits of his passport. He was, I think, therefore prejudiced and I consider that this matter should be taken into account in the question of proportionality.

Taking all of the above into account, therefore, I do not consider that the Appellant has acted dishonestly. He may have been misguided, but that is a different matter and I consider that it would be disproportionate in the circumstances to expect the Appellant and his wife to leave the UK, particularly as they own property in the UK, they pay tax in the UK and they have spent a considerable number of years here.”

The last case I want to highlight is that of a female constituent—I do not want to name her, because her children are at school in my constituency. She travelled to the UK from Nigeria and has been refused leave to remain in similar circumstances to the others, under paragraph 322(5) of the immigration rules. She legitimately made changes to her tax return, but the Home Office is again putting forward the argument that she has tried to deceive the Department and it has refused her an administrative review.

My constituent is a qualified accountant, and has been unable to continue seeking work in her field as a result of the status imposed on her by the Home Office. She has been made destitute as she has no recourse to public funds—many on tier 1 have no such recourse.

My constituent has been to my office to seek help in getting school uniforms for her children. Unable to work, she is struggling to keep her family afloat, and there is a real risk that she and her children will be made homeless as a result of the Home Office decision. Her landlord, the Wheatley Group, confirmed only yesterday that, due to the support of her church paying her rent, it was not to proceed with legal action to evict her at this point, but that option remains open. I am extremely grateful to the Wheatley Group for the discretion it has shown, but the situation is not sustainable—my constituent needs to get back to work.

The issue has been considered by the Select Committee on Home Affairs, and the Home Secretary corresponded with its Chair, committing to put all 322(5) applications on hold and to carry out a review by the end of May. As far as I can ascertain, that review has not yet been published and no further detail on it is available, although as I said in connection with my constituent Mustafa, 322(5) decisions are still being made.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I congratulate the hon. Lady on securing this debate, and I apologise for missing the first few minutes of it due to business in the main Chamber. She is absolutely right that the Home Affairs Committee, on which I sit, is still not clear where the Government are going on the matter. Does she agree that this scandal shows the wider systemic problem in the Department, as we have seen through Windrush, this immigration rule and a series of decisions being made wrongly when there is a hostile environment, a lack of discretion, cuts in staff and cuts in ability, as well as Ministers who, quite frankly, do not have a grip on what is going on in their Department? The net result is damage to individuals and their families.

--- Later in debate ---

[Alison Thewliss]

I absolutely agree. It is worrying that even the Home Affairs Committee cannot get answers on certain things. This rule is of huge concern, and decisions under it are clearly still being made, as I heard from people I spoke to at the Highly Skilled Migrants demo last week. They are clear upon that.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

The hon. Lady is being generous in giving way, and she is making a very powerful speech. Does she not agree that the Home Office was made aware of such issues in letters from me and others present in this Chamber back in mid-March, but no action was taken? Having such a delay in action is simply not good enough when that is affecting people’s lives in such a terrible manner.

[Alison Thewliss]

Yes, I absolutely agree with the hon. Lady. For some months, I have been trying to get answers for the constituents who have been to me. The woman I mentioned came to see me in January, and she still has no answers in her case. When constituents come to us, it is not always evident that they are affected under those particular rules, and we often have to see the refusal letter to understand exactly why the refusal has been made, but a growing number of people have been getting in touch with me about finding themselves in this circumstance. Those who are not my constituents I have encouraged to get in touch with their own MP, as I am sure they have done going by the number of people in the Chamber today.

To add insult to injury, The Times reported this morning that a new visa route for migrants who want to start businesses in the UK

“is to be expanded to include non-graduates under efforts to increase technological innovation.”

That is rank hypocrisy. How can the UK Government reasonably expect to attract new migrants to the country when they treat the highly skilled population who are already here, and have been for years, with such utter disrespect?

I have a number of questions, which I hope the Minister will assist with. When will the review that I mentioned be published? How many cases are in process, and how many are awaiting judicial review? I have asked the Home Office how many people have been refused under the provision, and I understand that Channel 4 News also put in a freedom of information request to the Department without getting an adequate response.

Was an instruction issued to start refusing cases under the rule? If so, by whom and when? On 2 May, The Daily Telegraph reported that Home Office caseworkers had discussed using previous amendments to tax returns to cast doubt on current tax returns. How widespread is that practice? Will the Minister allow people caught up in all this the right to work, the right to access NHS services and the right to rent during their appeals? They often lose those rights as soon as the administrative review is refused—that is the first line of appeal after the initial refusal—and, as was mentioned by the hon. Member for East Renfrewshire (Paul Masterton), that can have a serious impact, in particular on women who are pregnant.

Will the Minister tell me whether compensation is to be offered to those wrongly caught up in this mess, just like Windrush? People affected can be out tens of thousands of pounds, particularly if they cannot get legal aid for their cases, because they have not been able to work and have gone into debt and arrears.

Lastly, what does the Minister have to say about the impact of this policy on individuals? I have been told by many about the strain on their mental health; relationships with their family here and with relatives abroad, who they are not able to visit; the stress of having to report to the Home Office regularly, sometimes on a fortnightly basis; and the loss of employment. Does the policy have a wider economic impact?

The Home Office’s policy of deliberately targeting these highly-skilled migrants is yet another example of this cruel Tory Government’s hostile environment policy in action. The group being targeted here are highly skilled: they are doctors, accountants, IT professionals, teachers and academics, to name only a few. They have put down roots and contributed greatly to their communities.

The UK Government continue to talk about attracting talent, yet their behaviour towards this group shows that they clearly are not interested in retaining much of the highly skilled population who are already here—already well integrated and contributing hugely. I urge the Minister to take swift action now to support highly skilled migrants who have done us the honour of choosing to live here.

[Several hon. Members rose—]

Serious Violence Strategy

Alison Thewliss Excerpts

Tuesday 22nd May 2018 Commons Chamber

[Ms Abbott]

We must reflect on the rising level of school exclusions and acknowledge that pupil referral units sometimes look and feel like academies for crime, even though the people who run them work very hard and do their very best.

[Alison Thewliss (Glasgow Central) (SNP)]

As someone who was a councillor in Glasgow when the initiative was introduced, I can say that it made an absolutely huge difference. I do not know whether she heard of the call-ins that we had in the medics against violence programme when gang members were brought into the courts and shown testimonies by parents and by medics. Did she see that and does she think that an initiative, whereby people could see the direct result of gang violence to families and communities, would make a difference in London?

[Ms Abbott]

I have heard of that initiative, and it is certainly worth trying. Dealing with violent crime is not just a question of policing and arresting. The initiatives used in Glasgow are well worth looking at. Anybody who thinks that we can simply arrest or stop-and-search our way out of this crisis is deluding themselves.

A senior commander at the Met told me recently that an entire gang operating in one part of London was put away for lengthy sentences for drug crime. The result was not that the level of drug crime and the level of violence dropped, but that violent crime in the area actually surged, as competing gangs moved into the vacant territory. We need an integrated, joined-up approach. Seizures, arrests and sentencing will all play a part, but we also need the right level of resources, and those can only ever be a part of a much broader strategy involving schools, hospitals, local communities, social workers, resources for youth centres and recreation and much more. Of course, all those things have been cut as a result of this Government’s austerity, and we are now living with the consequences. We cannot keep people, and our young people, safe on the cheap.

I try to visit the families of every young person who is stabbed or a victim of homicide in my constituency. I remember visiting a family recently. They were broken, and the mother could not stop crying. In my closing remarks, I want to say to the House as a whole that we need to remember that, whatever the circumstances, violent crime is a tragedy for the protagonist, a tragedy for the family, and traumatising for entire communities. That is why the Opposition believe that the Government must give the issue their continued attention and the right level of resources. In response to my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), the Minister said that if five people in his constituency died, he, too, would be very upset. Communities want Ministers to behave as though five people in their constituencies had died. Our constituents want the Government to pay more than lip service to the issue and to learn from strategies that have succeeded, whether in America or in Glasgow.

Home Office Removal Targets

Alison Thewliss Excerpts

Thursday 26th April 2018 Commons Chamber

[Amber Rudd]

I thank my right hon. Friend for putting it so clearly; it is such an important distinction to make. This Government, like many Governments before, including Labour Governments, took action against illegal immigrants. Some former Labour Home Secretaries had some very clear targets about removing illegal migrants. Removing illegal migrants is what Governments should be doing in order to protect the taxpayer and in order to make sure that no abuse takes place in the UK.

[Alison Thewliss (Glasgow Central) (SNP)]

The revelation that Home Office removal targets exist comes as no surprise to me or any of the hundreds of constituents who have come to my surgeries over the past three years. There is a litany of callous incompetence from this Department. It is a problem of deliberate policy—a cruel “hostile environment” policy introduced by the former Home Secretary, now the Prime Minister, and continued unabated by the current Home Secretary.

Can the Home Secretary tell this House when targets were introduced, who signed them off, and how they were monitored? Can she tell us about the local targets and whether they were in place in Scotland? Can she tell us what happened to Home Office caseworkers who failed to meet those targets? If it is true that posters were being displayed to remind staff of the targets, how is it possible that the Home Secretary and the director of border, immigration and citizenship were not fully aware of this? This Home Secretary is presiding over a Department out of control, marked by cruelty and chaos. Will she stop shielding the Prime Minister? Will she do the honourable thing and resign?

[Amber Rudd]

I think that once more the hon. Lady is confusing legal and illegal migrants. Like any other Member of this House, I do not think that she would want the UK to be a home for illegal migrants. That is why we have policies which make it difficult for illegal migrants to thrive in the UK. That is exactly the right thing to do. It was started under former Governments. It has been continued under this one because we must remove people who are here illegally.

Gender Pay Gap

Alison Thewliss Excerpts

Wednesday 18th April 2018 Commons Chamber

[Victoria Atkins]

I am extremely grateful to my right hon. Friend. Those of us who have been in the House for only a couple of years are very much standing on the shoulders of giants and she, like the right hon. and learned Member for Camberwell and Peckham (Ms Harman), are among those giants. I am delighted that she has raised the issue of companies or employers that employ fewer than 250 people. I am very much looking at that matter. We must understand that this is world-leading regulation. This is the first time ever that any country has done this on such a scale. By definition, the first year will be a learning process both for the Government and for businesses, but I am very happy to commit to looking at lowering the requirement if the research and data show that that is appropriate.

[Alison Thewliss (Glasgow Central) (SNP)]

The gender pay-gap figures show how far we have still to go on this issue. It is very concerning that there are still some 1,500 companies that have failed to report. Perhaps the Minister could tell us a little more about what she intends to do to ensure that they report those figures, because there could be a lot more hiding within them if they have not reported them in time. Will she give more resources to the EHRC to ensure that it can do its enforcement work and follow up on all these cases so that none of that is missed? It occurs to me as well that the reporting is very much the start of the process. It tells us where women are now within the workforce. What more is she doing to look at the pipeline to ensure that women are coming through, because it will take more than just equalising the pay to make that happen? We have to be there right at the start.

I was very glad to hear the Minister’s comments on pregnancy discrimination, which is utterly unacceptable in this day and age. Will she expand on the issues around the time limit, because three months is really not long enough for women to put in a claim; six months would be far, far better. It would be good to hear some progress on that.

For the limited powers that we have in Scotland on this issue, the Scottish Government have introduced stronger reporting requirements for public bodies, asking them to publish their pay gap every two years, and also to bring down the threshold from 250 to 20 employees in the public sector. Will the Government take that on, because it is something that they can do right now? I was glad to hear that the Minister is at least considering reducing the threshold to 150 for all companies, because at the moment many companies that employ women are hiding. They will not be able to demonstrate the gap, and women will continue to lose out in those companies, which, I would argue, provide the majority of the workforce in the UK. They, too, need to be held to account.

[Several hon. Members rose—]

Oral Answers to Questions

Alison Thewliss Excerpts

Monday 16th April 2018 Commons Chamber

[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.

[Alison Thewliss (Glasgow Central) (SNP)]

The Home Secretary may remember that in November last year I raised the case of a constituent she met at the TARA—trafficking awareness raising alliance—project in Glasgow. My constituent has been granted one year’s discretionary leave to remain, not the asylum that she was seeking, and the Home Office continues to mishandle the case. Will the Home Secretary please look into this issue further? I am very concerned that this woman is not getting the support that she needs.

[Victoria Atkins]

The hon. Lady will appreciate that I cannot answer that question on the Floor of the House, but if she writes to my right hon. Friend the Home Secretary, we will look into it.

Police Funding

Alison Thewliss Excerpts

Wednesday 28th March 2018 Commons Chamber

[Drew Hendry]

That is an excellent suggestion for the communities the hon. Gentleman represents.

As I have said, it is because of the value of local policing that the public continue to have confidence in our police forces in Scotland. However, sustaining healthy police numbers is not an end goal in itself, as we want more police on the beat to create safer communities. It is no coincidence that, as has been mentioned, recorded crime in Scotland has fallen by about 40% in the past decade. It is important to stress that that is down to the hard work of police officers across Scotland in doing their job. Although I am not for one minute saying that everything is perfect in Scotland, the UK Government could follow in the footsteps of the Scottish Government and work with our police forces, instead of against them.

[Alison Thewliss (Glasgow Central) (SNP)]

Does my hon. Friend agree that an excellent example of where Scotland has led on policing and reducing violent crime is the work of the violence reduction unit in Glasgow? It has had a huge impact with a reduction in knife crime and violent crime, particularly among young people, in the city.

[Drew Hendry]

That is an excellent example of an initiative that is delivering real results for people and, in this instance, improving safety for people, and lessons from it are being rolled out across Scotland to improve policing.

As we look to future challenges, it is worth noting that Brexit may pose serious problems about how to tackle crime, terrorism and security threats. Membership of the EU has been massively helpful in the fight against crime and terrorism, due to agencies such as Europol. This allows our countries to work together against criminals and crimes that do not respect national borders—hard or soft. We should all be concerned that the Home Affairs Committee has concluded that it will be incredibly difficult to replicate similar arrangements after Brexit. The UK Government and the Brexiteers have got us into a mess, and they must find a way to ensure that we are able to combat international terrorism and organised crime after Brexit.

Draft Passport (Fees) Regulations 2018

Alison Thewliss Excerpts

Wednesday 28th February 2018 General Committees

[Alison Thewliss (Glasgow Central) (SNP)]

I am absolutely appalled by comments that have been made about the cost of the passport not being excessive. The cost may be all right for the hon. Member for Scarborough and Whitby, but it is not all right for a good number of my constituents in Scotland, who not only struggle to pay for the school trips that their children might want to go on, but will very much struggle to pay these exorbitant passport fees.

I am deeply concerned that, for many people in poorer communities in Glasgow, there is also a digital divide. That has been a well-documented phenomenon. Carnegie UK Trust’s recent report, “Across the Divide”, says that around 40% of the poorest communities in Glasgow are not online. They are being asked by the Government to pay a premium for the online service, despite the fact that they are not able to get online and access it.

[Andrew Percy (Brigg and Goole) (Con)]

Will the hon. Lady give way?

[Alison Thewliss]

I will let the hon. Gentleman intervene in a second. In some of these communities, 46% of single parents do not have internet access. If the hon. Gentleman would like to explain how this is a good deal for single parents, I am happy to let him intervene.

[Andrew Percy]

I simply point out to the hon. Lady that I represent a constituency that has very poor broadband coverage and comprises some of the most deprived postcodes in the country. However, if people go to a local library or even some schools, they will be able to access the service and can often receive support. There is a lot of support for people to get online and access the digital world. It is not impossible to access the passport service online through a facility in their area.

[Alison Thewliss]

It may be possible for random constituents in his constituency to stroll into schools and go on to the computers, but that is not the case in Glasgow. There are many computers in Glasgow’s libraries, and they are very much used by the population, including those who are trying to apply for universal credit online. There are lots of pressures on library services, precisely because the Government are moving things online, while many people do not have the facilities to access them: they cannot afford broadband, if it is even available, or a computer, and unfortunately still do not have the digital skills to access them. It is unacceptable that the Government are making people in poorer communities pay a premium for something to which we should all have a right.

[Mr Goodwill]

Will the hon. Lady give way?

[Alison Thewliss]

I want to move on, if the hon. Gentleman does not mind. I am concerned: the Government talk about more modern processes and things becoming cheaper and more efficient, but that is not reflected in the fees, which are going up. If the service is becoming more efficient and cheaper to run, because things are going online, members of the public should see a decrease in their passport fees. It is ridiculous that they are actually seeing an increase; whether for an online application or not, the price continues to go up.

I asked the Library to prepare figures on this for me. It had some difficulty in finding the range of figures over time, but I have the passport application fees for 32-page passports for adults and children. In 2001, the fee was £30 for an adult and £16 for a child. That will go up to £75.50 for an adult and £49 for a child if the application is made online, or £85 for an adult and £58.50 per child by post.

The online change since 2001 is a 151.7% increase for an adult and a 206.3% increase for a child. That is absolutely unacceptable, particularly when we consider that child passports last for only five years. By the time a child reaches the age of 16, they could have had three different passports. That is an unacceptable burden on families, particularly at a time when all other prices are also going up and household incomes are being squeezed by Tory austerity every single day.

Could the Minister tell us about her full cost recovery plan for paper applications? That indicates to me that there will be a further increase next year. It is a significant cost for people, particularly if they do not drive and so do not have a driving licence, because the passport will be the only way of having validated and accessible identification. The hon. Member for Manchester, Gorton, mentioned that that is becoming a requirement for many more people, to get a rental agreement or financial agreement, and in life. It will also be a requirement should Tory plans to ask for ID at voting stations go ahead. People will find themselves disenfranchised if they do not have the £85, £75.5 and £49.50 to pay those exorbitant fees. If the Government want to propose ID cards, they can do so, but doing this by the back door and charging people an absolute fortune for it is utterly unacceptable.

The Minister mentioned that, to deal with vulnerable groups who cannot use online resources, the Government will work to improve the accessibility of systems and support arrangements to help people to access services online and minimise the impact on protected groups. I would be very interested to know what consultation they have done with groups that are considered vulnerable. What have they done to engage with all those groups? Will they publish any of that consultation process? I have not seen any of that information out there. The draft regulations are coming through a Delegated Legislation Committee and will come into force at the end of March, and there is very little time for people to have any kind of say on this matter before then. I would be very concerned if vulnerable groups had not been consulted formally.

[Maria Eagle]

Paragraph 8 of the explanatory memorandum states that there has been

“no public consultation on the fees set out in this instrument.”

It is therefore very likely that there has been no consultation with the groups that the hon. Lady mentions.

[Alison Thewliss]

Clearly, there has been no public consultation, as this instrument has come through in the way that it has, but I was curious about whether the Government could tell us anything about private consultations that they may have had with these groups, and about exactly what improving the accessibility of our systems would mean in practice. For many people, the systems are not easily accessible, which is why people like to do the application on paper—to take their time, to go through things properly and to ask for help and support in a way that is appropriate to them. We need to do an awful lot more to ensure that these services are accessible. I ask for a good deal more clarity.

The impact assessment says that there is no impact on businesses, charities or voluntary bodies, but I dispute that to some degree. Some charities require their staff to travel or to have a second passport for various purposes. It would be useful to know what consultation there has been with charity groups and those types of organisations that may require their staff to travel and be passport holders. Organisations may have an interest in absorbing those costs in their business, or they may ask their employees to take up that extra cost in particular sectors and industries.

Finally, we are being asked to pay more for passports, but we do not know yet what will happen with Brexit, and what the value of this new passport will be, because we will be able to do less with it than we can with our passports at present. [Interruption.]

[The Chair]

The acoustics in this room are poor. I am having a problem hearing what Members are saying and I want to hear what everybody has to say, as I am sure we all do. I call Maria Eagle.

--- Later in debate ---

[Caroline Nokes]

As I have indicated, there are other facilities that people can use. We have heard that it is perfectly possible to apply on a smartphone, but Age UK is there to support people who want to avail themselves of its services. I noticed that there was some scoffing at the suggestion that people could use computers in schools. The Romsey School and the Mountbatten School, which are community schools in my constituency, welcome in members of the wider community and like to regard themselves as hubs that encourage access. Further education colleges across Hampshire are able to bring their communities in, too, so I dismiss the idea that there is a barrier to communities. Actually, those institutions have discovered that it is a way to have a much more rounded community.

A comment was made about broadband speeds, particularly in Scotland. I note that Ofcom commented in a 2016 report that there was a 79% satisfaction rate, and that broadband take-up in Glasgow in particular has gone up significantly.

[Alison Thewliss]

The Minister seems to have misunderstood my point. I was not talking about broadband speeds in Scotland; I was talking about broadband access—people being able to use a computer and access digital services. That is the issue I was trying to point out. There is a digital divide in cities: many people and communities just do not have access to the internet at all.

[Caroline Nokes]

I regret that I do not have the figures to hand, but I would be interested in the number of smartphones that are used across Glasgow and in the hon. Lady’s constituency. A number of Members mentioned universal credit, which many users of DWP services access via their smartphone or tablet.

The hon. Member for Garston and Halewood asked what percentage of the cost of primary control points would be associated with UK passengers. This increase will enable that to be a 40% contribution, which is still some considerable way from covering the entire cost. However, as the powers in the 2016 Act set out, we will be able to review those costs going forward. Hon. Members will note that, when it comes to priority services, which are, by and large, optional, we have sought to move to quicker full cost recovery.

In certain circumstances, Her Majesty’s Passport Office has the ability to exercise compassion and discretion. I have to say that my experience, even before coming into this role, was that it was always keen to make sure that the best service was delivered to constituents who found themselves in difficult situations in which, at the last minute, an emergency passport is needed, whether for compassionate travel or when somebody had not anticipated that their passport would expire.

Passports are only one way to prove identity, and across Government we certainly seek to encourage people to look at all sorts of different ways to prove their identities, including ambitious plans for digital identity. However, we will continue to make sure that those who need a passport as a form of ID will be able to use it. I point out to the hon. Member for Glasgow East—

[Alison Thewliss]

Central.

[Caroline Nokes]

Central; I apologise. I point out to her that passport fees went down in 2012. She provided us with a comprehensive list of the increases since 2001, but I make no apology for the action of the last Labour Government.

[Caroline Nokes]

I respectfully point out to the hon. Lady that, just because somebody does not have a smartphone, it does not mean that they do not have access to a computer via a library or a desktop computer either at home or at work. As we have heard, a range of steps have been taken, including the work we are doing with ABTA to make the service available in high street travel agencies.

The hon. Member for Garston and Halewood makes an important point on chip failure, although those are rare events. I have to say that I suffer myself from a nine-year-old passport whose chip no longer works. I have never found that to be an impediment to travel, but I cannot use e-passport gates, which makes me very cross. However, I will be renewing the passport shortly. In the event of chip failure, customers can send their passport to us, and if it is confirmed that the chip has failed, we will replace it for free.

An important question was raised about fee waivers. That is a very specific power that we chose to introduce after the recent horrendous tragedy at Grenfell Tower. There was no specific power for Her Majesty’s Passport Office to automatically reissue passports lost in that dreadful tragedy. We have introduced the waiver power, I have to say, sincerely hoping that we are never in a situation in in which we will have to use it. However, as I said, the Passport Office acts with compassion. Certainly when British travellers are overseas and need passport documents restored very quickly, it has a very strong track record in meeting its customer service objectives—I will not say duties. It is absolutely committed to that, and I think it has done well in proving its compassion when those circumstances arise.

As I sought to explain, the planned fee increases are a vital step towards meeting the Government’s ambition for a border, immigration and citizenship system that is increasingly funded by those who use it. They will ensure that we can continue to fund the world-class passport service that British passport holders already receive. There were 46 million passenger crossings through e-passport gates using UK passports in 2017. The UK passport remains excellent value for money. As I have pointed out, fees were reduced in 2012, and there has not been a fee increase since 2009. We currently process 99.9% of straightforward applications within three weeks, and on average, customers making a non-priority application can expect their passport to be issued seven working days after the application is made.

We are committed to meeting the needs and expectations of those who increasingly wish to use digital channels to access Government services, and I am conscious that 33% of applications are already made online. The new fee structure reflects the fact that it costs more to process postal applications than those submitted online, and is in line with key Treasury charging principles.

Operationally, Her Majesty’s Passport Service often works with speed and flexibility to respond to particular customer needs where there is a compassionate case for it. Only recently, the public counter in Glasgow remained open for business despite severe adverse weather conditions, working beyond normal opening times to honour a priority appointment that an applicant had missed due to the bad weather.

With more than 90% of adults in the UK having access to the internet, and third parties being permitted to apply on a person’s behalf, the vast majority of people should face no obstacle to applying online. However, as I have said, we are developing further help for those who wish to apply online but need additional advice or support. We are working to deliver an assisted digital leaflet for relevant support groups to enable them to help their clientele apply online. They will also ensure that their online application route is built in such a way as to be extremely simple to use and compatible with various aids, such as screen readers.

[Alison Thewliss]

Will the Minister give way on that point?

[Caroline Nokes]

For a final time.

[Alison Thewliss]

When does the Minister expect the service to come into force, and will it be before the passport fee increase?

[Caroline Nokes]

As the hon. Lady will know, the passport fee increase is scheduled for March of this year. It is certainly our ambition to make sure that all the assistance is available as soon as is practically possible.

We will continue to provide an excellent service to millions of passport holders and applicants. As such, I commend the draft regulations to the Committee.

Question put,

Women’s Suffrage Centenary

Alison Thewliss Excerpts

Tuesday 6th February 2018 Commons Chamber

[Amber Rudd]

I thank my right hon. Friend for her comments. She is herself such an inspiration for many women coming into Parliament, who can see her extraordinary achievements. In answer to her question, a pack is going to be made available for teachers in schools to build on the celebrations that we are having here and to make girls in schools aware of the changes that have taken place over the 100 years.

I also say to teachers in schools that I know they want what we want, which is more equality of opportunity for girls as they go into the workplace. One thing we need to be better at is encouraging more girls to go into STEM subjects—science, technology, engineering and maths. At the moment, only 30% of STEM subjects at A-level are taken by women. We need to do better at that and encourage them to get more involved in STEM subjects, so that they have more opportunities in adult life.

[Alison Thewliss (Glasgow Central) (SNP)]

I am very proud to be able to respond to the statement on behalf of my party, the Scottish National party, following in the footsteps of inspirational women such as Winnie Ewing, Margo MacDonald and our own First Minister, Nicola Sturgeon. She has shown her commitment with a 50:50 gender-balanced Cabinet, and she has today made a commitment to encourage more women to come in behind us, as women in politics, with a £500,000 fund to encourage women into public life at all levels in Scotland, where they are so desperately needed.

In this House that man built, suffragists and suffragettes gave us our place. We have a voice, but we do not yet have equality. A woman called Carolyn in Glasgow reflected on Twitter today:

“No right will persist if it is not protected.”

We have a duty to protect the rights of women in the work we do.

I do not wish to be party political, but I would be doing a disservice to suffragettes who stood up for their causes, which were about more than just winning the vote for women, if I did not say that we still have a Government who pursue policies such as the rape clause and social security cuts that hit women’s budgets— 85% of the cuts have come out of women’s pockets—and that we have yet to see justice for the Women Against State Pension Inequality campaigners. We also have yet to see the work on the Istanbul convention begun by my colleague Eilidh Whiteford, the first SNP woman to get legislation passed in this place, brought fully into force.

Across the country today and in this building, children are learning about the work of the suffragettes, and primary 4/5 of St Albert’s Primary School are learning why women fought to get their rights. May I ask the Minister to encourage other schools right across the country to take up opportunities to learn more about that battle, including by going to organisations such as the Glasgow women’s library and the Mitchell library in Glasgow, which holds the mugshots of suffragettes arrested and jailed in Glasgow? Today, the suffragette flag is flying over the former Calton jail in Edinburgh, where women were held and force-fed.

We reflect today on how far we have come, yet we also reflect on how far we have to travel. I see many people in the suffragette colours, which are purple for dignity, white for purity and green for hope—and I am wearing green for hope.

[Amber Rudd]

I thank the hon. Lady for her response. We share a view about wanting to make sure that the history of the suffrage movement is well understood. The new generation of girls needs to understand why it was so hard-fought and why it is therefore so important for them to participate in the vote.

The hon. Lady asked specifically about the legislation we are bringing forward to do more to protect women. I gently say to her that the Government are very focused on making sure that we continue to do so both in the positive—making sure that we have a better approach to the gender pay gap—and in protecting women. That is why we are bringing forward this year a domestic abuse Bill, which will address the issue of the Istanbul convention.

Immigration White Paper

Alison Thewliss Excerpts

Monday 5th February 2018 Commons Chamber

[Caroline Nokes]

Detention will continue to form part of our immigration policy, but I thank the hon. Lady for mentioning the case of Yarl’s Wood. I am going there to visit the immigration removal centre this week, and I have already been to two other removal centres. As the new Immigration Minister, it is imperative that I go and see how our policies are operating, and to seek reassurances where they are required.

[Alison Thewliss (Glasgow Central) (SNP)]

Every Friday at my surgeries, I have a queue of constituents who have issues with the Home Office—everything from entrepreneur visas that have been delayed and refused, to people who cannot get their granny over for a visit. Is it not the case that the Home Office is a Department in so much chaos that there is no way whatever that it will be able to cope with an additional 3 million EU nationals?

[Caroline Nokes]

I absolutely refute the suggestion that we are a Department in chaos. I reassure the hon. Lady that we are determined to ensure that the registration of EU nationals is as simple and straightforward as possible.

Draft Immigration and Nationality (Fees) (Amendment) Order 2018

Alison Thewliss Excerpts

Monday 5th February 2018 General Committees

[Alison Thewliss (Glasgow Central) (SNP)]

I am glad to have the opportunity to speak in this debate. I echo many of the points that have just been made. We in the Scottish National party have concerns about the cost of immigration and the effectiveness of the immigration system.

I will highlight two particular points from my own constituency. At the end of July a woman who lives in the Gorbals applied via the premium service for a spousal visa for her husband, but the application was not approved until the end of September. The application was made so that her partner could be there for the birth of her child. Given that the response was deemed to be within the 12-week limit, she did not get a refund despite not having received any manner of premium service: the service did not meet her needs.

A couple in Pollokshields applied on 7 June via a six-week service for a spousal visa. The Home Office eventually got back to them on 1 October to let them know that their application had been refused. Not only was it not a premium service, but it did not have a good outcome and they received no recompense for the lack of a visa or premium service. By putting out the service to be delivered by an external commercial company, I am worried that whenever anyone makes a complaint about the likes of VFS Global the Home Office replies that timescales on its commercial partners’ websites are indicative, so there is no guarantee that applying for a premium service will deliver a premium service, and that is a matter of great concern.

I am also concerned about the suggested cost. The hon. Member for Manchester, Gorton sensibly pointed out that it could take more than several hours to process some of the applications, and it would be hugely stressful for someone sitting in the waiting room seeing the cost going up and up. It is already expensive.

[Mr Goodwill]

I am sure that the hon. Lady realises that the whole point of the premium service is that the immigration service goes to it. The individual would not be sitting in a waiting room, but would be visited in their hotel room or home. That is why the premium service is so attractive to certain VIPs, footballers or perhaps foreign royals who need it.

[Alison Thewliss]

It is, regardless, still a very expensive service, and I question whether the expense meets the cost of processing those visas. It would be good to get more information from the Government about exactly how much it costs to provide such a service. As I was about to say, I am concerned about something not mentioned in the documentation, namely the equality impact, including on women, who have lower earnings and may be in the UK waiting for a spouse to come over. They will have even fewer means at their disposal. The situation was hugely stressful for the constituent I have mentioned, who was pregnant and waiting for her husband to come over.

Will the Minister clarify the point about charging people for not collecting biometric residence permits? I want to probe further as to the scale of that problem. Exactly how many people do not collect them on time, or at all? What are the reasons for that? What investigation has the Home Office done of that apparent problem? There must be a problem, unless the Home Office just wants to gouge people further for money for immigration. That seems to be a pattern, judging by what comes through my office.

Finally, a further example of such gouging is charging £6.25 for a webchat facility or email. It would be good to know exactly the reason for that, and for the £2.50-a-minute phone cost. Will those costs be fixed or capped, or will there be continued rises? My point is that immigration is a very expensive business. The super premium service has not provided anything like super premium responses to the people who come to my office. They come to me chasing answers, which they have not been able to get despite paying considerable sums of money to go through the immigration process.

I should like to know a wee bit more about quality checking, and the controls that there will be over external companies once the service is put out to them. At the moment my constituents tell me that the service is not adequate or fit for purpose, and they are not getting anything like a super premium service.

[Caroline Nokes]

I thank hon. Members for the consideration they have given to the order. A number of issues were raised, and it is important to clarify some of those. The service described as super premium—mobile biometric testing—is currently used by something in the region of 500 applicants a year. It is a very small number, and the service is used, as my hon. Friend the Member for Scarborough and Whitby mentioned, largely by VIPs—visiting royalty or, often, footballers, and people who are time-poor but well able to pay the current fee of £10,500.

As to the decision to move to an hourly charge, the fee has not yet been set. It will be a maximum of £2,600 an hour. In the vast majority of cases we fully expect the process to be significantly quicker than the four hours it would take to get to the current cost of £10,500, which is the set standard fee regardless of how long the work takes.

I point out to the hon. Member for Glasgow Central that 98.9% of non-settlement visas are decided within three weeks and 85.5% of all settlement visas, including spousal visas, are processed within 12 weeks. It is impossible for us to determine how long each application will take without knowing how complex that application may be. It is fair to say, and I absolutely accept, that there are very long delays for some visa applications, but that is for the very complex cases. The Government have been very successful in turning around easy, straightforward applications. However, where applications are complicated, I hope we all agree that it is absolutely right that they are subject to the level of scrutiny that they need and deserve.

[Alison Thewliss]

The Minister can correct me if I am wrong, but my understanding from my constituents is that, if the initial timescales are not met, they often find that theirs are deemed to be complex cases, because there is no time limit on dealing with those. They are put into a black hole in which it is very difficult to get their cases resolved.

[Caroline Nokes]

I thank the hon. Lady for that comment. If she wants to raise specific cases with me, I am very happy to look at them. However, the reality is that, where issues are complicated and visa applications are not straightforward, it is absolutely right that full rigour is applied to inspecting and determining them.