Immigration Bill (Fourth sitting)

Anne McLaughlin Excerpts

Thursday 22nd October 2015 Public Bill Committees

[Rebecca Harris]

Q 287 On that point, if support were withdrawn only if people refused to engage and they were therefore encouraged to continue to engage, would you support that? Would you support a policy in which people are ensured continued financial support provided they are engaging?

Peter Grady: Yes, I would think so. Obviously we would need to look at the details, but at least from what we have seen it is a core element that there is continued engagement with authorities. That can be undermined if you withdraw support, because they then look elsewhere for it.

[Anne McLaughlin (Glasgow North East) (SNP)]

Q 288 We will be looking at amendments in the next couple of weeks, and you have all of us sitting in front of you now. If you could be granted one wish for an amendment, what is the primary thing you would say we should amend in the Bill? You never know, it might happen.

[The Chair]

It is one wish.

Karl Pike: Appeals should be allowed for section 95A. In cases where it is refused, we should have the right to appeal. The appeal success rate is so high at the moment that not having it is clearly going to hide very bad decision making, and those people will come to us because they will not have food or clothing.

Andrew Hewett: I am going to take my wish, as well, so we have two as the British Red Cross. For me, it is the grace period. If you really want to engage people in some of the difficult and complex decisions you might have to make, people will need to be fed and have a roof over their heads while they are considering those. It is very difficult to do all that within 28 days so we will be supporting a move towards a longer grace period of 90 days, to enable those discussions and consultations, and explore and exhaust all possible avenues during that time.

Peter Grady: If I had my one wish, to step away from this issue—although I would argue that it is within the scope of the Bill—it would be for the introduction of a time limit on detention. There are detention provisions there. We see that as being an area where it would help to ensure compliance with what UNHCR views as being international standards relating to detention. That is something we would strongly welcome.

Immigration Bill (Third sitting)

Anne McLaughlin Excerpts

Thursday 22nd October 2015 Public Bill Committees

[The Chair]

Before we move on, does any other member of the Committee wish to ask a question on this particular point?

[Anne McLaughlin (Glasgow North East) (SNP)]

Q 213 A number of you have mentioned the quality of the initial decision making; I think Mr Gill referred to it as being unspeakable. It would be useful for us to know—it would certainly be useful for the Minister to know—what it is that you think is making the quality of the decision making so poor. What sort of mistakes are being made? What do you think needs to happen to improve the quality of the decision making?

Colin Yeo: I have been an immigration lawyer for 15 years. When I started, people could use an immigration lawyer if they wanted. It was like using an accountant to do your tax return. It was an optional extra. These days, immigration law has become so insanely complex. The rules are an alphabet soup of non-sequential provisions where it is almost impossible to track what the requirements are. They are separated into different dependencies, which do not seem to match up properly. The rules are incredibly complex. Basically everybody needs an immigration lawyer these days, and the 2014 Act and now the Bill are expanding the number of people who require an immigration lawyer. It now includes landlords, employers, and migrants and their families. Although on one level I speak slightly flippantly because it is great for business for an immigration lawyer, it a crazy way to run a modern country in a global economy.

[Anne McLaughlin]

Q 214 Are you suggesting that the decision made initially is poor because the law is so complex and those who are making the decision are not equipped?

Colin Yeo: It is a combination of things. The Home Office officials are subject to rules that change almost weekly or monthly and are very complicated to understand. They are not helped by the applicants themselves, who have real difficulties trying to unravel the meaning of the rules, and the application forms and so on, which are incredibly complicated now.

Don Flynn: To add to what Colin said, it is commonly reported among the organisations supporting asylum seekers and refugees that they do encounter an entrenched culture of disbelief. The presumption very firmly in place within decision-making culture is that this is a bogus application. A steep slope is then presented to the individual asylum seeker to overcome that. In addition, most of us who have been around get hints that templates are being applied to the decision-making process. Rather than rigorous consideration of the individual cases, you get the sense that an Eritrean case or a Somali case is being fed through a particular filter. Occasionally, that shows itself by a decision that is so wildly inappropriate, without any reference to particular facts that have been put forward, which makes you think that this is a pro forma decision, rather than one that has addressed the solid facts that have been argued in the case.

[The Chair]

I had Sarah Champion down. Do you want to go now or later?

Immigration Bill (Second sitting)

Anne McLaughlin Excerpts

Tuesday 20th October 2015 Public Bill Committees

[Paul Blomfield]

Q 88 Do you think that there are sufficient resources, as the situation currently stands, to achieve the objectives you are talking about?

Neil Carberry: I mentioned HMRC’s rule earlier. I think to do it effectively, it may be necessary to look at resources for other parts of the system. Having said that, one of our biggest challenges at the moment is enforcement agencies talking to each other. A case in point is that if a business moved out of a GLA-regulated sector, the employment agency standards inspectorate would still have prohibition powers. There should be more discussion taking place about, “If this business has had a licence removed by the GLA, what is the case for prohibition more broadly via EASI?”

[Anne McLaughlin (Glasgow North East) (SNP)]

Q 89 Good afternoon. Do you think there is a risk of the Bill making it harder for migrant workers to access the labour market because employers are afraid that they will be breaking the law, and don’t understand how it works, so they err on the side of caution?

Neil Carberry: I think the section 8 checks that employers already do are largely embedded in companies’ operation now, so the mere existence of a non-UK passport at hiring is an issue. There is some nervousness, I think, about the fact that the quality of forgery is now very, very high, and I think businesses would welcome more support from UKBF and others on identifying forgeries when they do those checks. Broadly, we have not seen evidence of a chill effect on migrants being able to find work yet, and the performance of the UK labour market over several years now suggests that opportunities are still being created both for UK citizens and migrant workers.

[Anne McLaughlin]

Q 90 Would the CBI be willing to keep an eye on that? In my constituency, I have already had people coming to me who have been offered jobs and then the employers—and it is large employers—have backed off, saying that they want actual evidence; phoning the hotline is not evidence for them. I wonder whether the reason why I am getting quite a few people coming to me now is that they know that the legislation is going to change; it would be interesting to see if there was an effect once this came in.

Neil Carberry: I think the necessity of assurance for companies in hiring migrants becomes greater as the cost of getting it wrong becomes greater. I have been working on employment relations issues for the CBI for over a decade now, and the process is that every year it becomes more costly to hire migrants and more risky for companies. Particularly for some smaller and medium-sized companies, there is a concern there, and support structures for businesses are quite important.

[Mims Davies (Eastleigh) (Con)]

Q 91 I would like to ask about the role of the director, in terms of vulnerable workers, and more broadly whether that role could help the Government’s agenda of redressing the balance on equality issues and addressing the gender pay gap, so as to shine a broader light on these employment issues.

Neil Carberry: I refer to my earlier answer. It is really important that we keep the exploitation agenda—there is deeply unsavoury activity taking place in parts of the labour market—separate from the civil employment law agenda. If you look at the gender pay gap, Ruby McGregor-Smith’s Women’s Business Council report concluded that it is a multi-faceted issue that requires a series of actions, primarily from business but also from the education system, to address. We would be more comfortable continuing to do that work in partnership with the Government Equalities Office, Ministers and the new Select Committee on Women and Equalities, than getting too drawn into a debate, as we have already discussed, about beds and sheds and some pretty exploitative practice.

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[The Chair]

Lord Green, I have one more Member, Anne, wanting to ask a question. If you do not finish your response, would you please give some written response to that?

[Anne McLaughlin]

I will try to be quick. In answer to an earlier question regarding asylum seekers, Lord Green, you said that they know that they have a 70% chance of staying—I am paraphrasing—and that some of them even have mobile phones. I wonder if you are aware of a detailed report from 2010 that Swansea University carried out for the Refugee Council on this very matter of whether asylum seekers set out to come to the UK. They said that the belief that many politicians have is not supported by the existing research evidence, much of which suggests that destinations are determined not by personal choices about lifestyle but by the practicalities and demands of the situation—

[The Chair]

Order. I am sorry to stop the hon. Lady in full flow. Lord Green, Mr Hoare and Ms McLaughlin have asked questions that are on the record, and if you could provide answers we would very much appreciate it. On behalf of the Committee I thank you for the answers you have given. If you have additional information that you want to supply to the Committee, please feel free to do so.

Examination of Witnesses

Richard Lambert, Eric Leenders and David Smith gave evidence.

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[James Brokenshire]

Q 123 Thank you for that detailed and comprehensive answer on the provisions, which is quite helpful and instructive on the level of detail that is engaged here. Just briefly, perhaps you could reflect on the provisions of the Immigration Act 2014 and their implementation. What has been the practical experience? Clearly a lot of this quite detailed analysis was engaged there as well. What has been the situation to date?

Eric Leenders: On volumes, I think we have seen about 1.9 million searches go through the CIFAS database. From that we have identified some 14,000 matches against the database, and those have been referred back to the Home Office. That has in turn identified some of these issues such as people with no fixed address or those elderly consumers. So we can draw on that experience to inform our thinking around the Bill.

We consider that the CIFAS process is working quite well. The truncated timeline was difficult, frankly; there was an element of manual processing, and with manual processing there is, unfortunately, a higher propensity to or risk of error. So that is why we called for that slightly longer timeline—to ensure that as far as possible we can automate and therefore reduce the error rate within the process.

[Anne McLaughlin]

Q 124 I want to talk about potential discrimination under the right to rent aspects of the Bill. Not everyone is as enlightened as Mr Lambert, and so not everyone believes that you cannot tell by a face, a name or an accent whether someone is British. I was very struck by a statement sent out by the Residential Landlords Association, which I am going to read from:

“Whilst the Residential Landlords Association condemns all acts of racism the threat of sanctions will inevitably lead many landlords to err on the side of caution and not rent to anyone whose nationality cannot be easily proved.”

How concerned are you that the Bill will allow some people to use it as an excuse for their racism and that others will inadvertently end up acting in a racist manner, not because they want to but out of fear that they may end up breaking the law if they do not?

Richard Lambert: How concerned am I that some will use it? Very. How concerned am I that some will use it inadvertently? Fairly, but our experience is that most of the concern about the provisions is from people who have not gone into the detail, are worried about what they might have to take on, are concerned that they do not have the expertise or knowledge and are very focused on the penalties, because what has been pushed hardest is not the responsibility or the practicality but the level of penalty for getting it wrong.

Having had a quick look, like my colleague, at the evaluation report that was published this morning—we had a chance to look at it before we came in here—something like 22 of the 26 landlords who responded said that it was actually relatively easy to undertake the checks and that there did not seem to be an obvious level of overt discrimination, although there is still an undertone, and in a few cases that does happen.

It is a real risk, but when I said what I did about awareness of the fact that we live in a multicultural, multiracial, multifaceted society, that was not me speaking—obviously, I believe that—but me recounting what has been said to me by landlords at local meetings around the country. They are very concerned about the practicalities of how you make this work, and they realise that you cannot make assumptions, from looking at somebody, about whether they have the right to rent or whether they are a British national. The only way is to check and to check everyone. I recall anecdotally from my colleagues on the Home Office working group on the evaluation report that the largest level of resentment coming back from tenants was from the indigenous white British population, who did not understand why they were being asked to prove the right to rent. You actually get a counter-intuitive response.

David Smith: People who will discriminate would discriminate anyway, so in a sense people who are going to actively discriminate as a result of the Bill would have been actively discriminating before. Our biggest concern is what we have chosen to call document discrimination. Of the UK indigenous populace—or however you want to describe those people—17% do not have passports. If a landlord has two people walk through his door who want to rent the same property, and one says, “I have a passport and can do the right to rent check right now,” and the other says, “I do not have a passport but will come back tomorrow with two forms of identification off the secondary list,” the landlord is technically not breaking the law by taking the first person, and in practice I am sure that he will take that first person.

Our concern is that there are groups of people who are not in possession of passports and driving licences. As a lawyer, I have many such people as clients, because I have a large client base of elderly people or people who are in care. There are substantial numbers of those people, and a lot of them are renting, increasingly in the private rental sector, as there is a change from social renting to private renting. There is a potential difficulty with providing those people with proper identification.

We have called for a much simpler document for people who are on benefits and would already have been checked to receive benefits. Local authorities could provide a single document—perhaps watermarked or stamped—that landlords could be clearly told was acceptable as a single document. At the moment those people are going to need to produce two separate documents. They may not have them to hand, or it may take time to acquire them. The benefits letter has to be signed by a named official, and named officials may be reluctant to put their names on these documents. Our concern is that groups of people who should have no reason to be concerned by this legislation at all may find themselves being put through checks that they cannot easily meet.

[Craig Whittaker]

Q 125 I declare an interest as per my declared interest in the Members’ register. For the record, I am probably what Mr Smith calls one of those in his sector who are amateurs and accidental landlords. One thing I know from experience, although I may be an amateur, is that the eviction process is incredibly burdensome for landlords. It is far too lengthy and hugely costly, and when you are going through the process, you do not get any rent from the tenant who is in your property. That is the current situation, whether they are an illegal immigrant or not. I cannot for the life of me understand, and neither can the members of Calderdale Landlords Association, whom I have spoken to, why on earth as an organisation you would be against something that is far better and makes it far quicker for a landlord to evict a tenant in these circumstances.

David Smith: In what sense?

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[Anne McLaughlin]

Q 179 I presume that you will continue to campaign and lobby against parts of the Bill. From what you are saying, one of the biggest things for all of you is the inclusion of children in the groups that will not receive support if their or their parents’ asylum claim has been refused. I do not know whether you were watching earlier, but I wanted to alert you to the fact that you have a supporter in Lord Green of Migration Watch UK. I think he is quite a valuable supporter to have, given that he did not seem overly keen on having too many asylum seekers in the country. He seemed quite surprised that children might lose support. He said we have to make a distinction between those who have children and those who do not, and that they would have to be treated differently. If I were you, I would contact him and get him to support any campaigning that you are doing.

I wanted to ask whether you agree with me that rendering families destitute will shift the financial burden not simply on to local authorities and charities, but on to the health service. I am not sure what the situation is in England these days, but I know that in Scotland, those who have had their asylum claims refused can access free healthcare. I do not know whether it is the same here, and I do not know what Wales and Northern Ireland are like. Do you agree that the health of these families will be so significantly impacted that there will be an increased cost for those services that provide healthcare?

Adrian Matthews: And not only to the families. There is a public health issue if you deprive the children of the right or the means to go to hospital or to visit their GP, or if their parents are too scared to do so. That public health issue affects all of us, not just the families.

Ilona Pinter: I agree. This was the subject of the previous Immigration Bill, where issues around health were debated at length. Like immigration control, public health is a public interest, as are child protection and international protection. There needs to be a review of those and more debate, particularly around other public interests.

Costs shift to health services. We already see in families who are awaiting their asylum decisions, particularly where parents have poor mental health because they have suffered trauma already and because of the pressures that the immigration process brings to bear on them, parents being sectioned under mental health provisions and children being taken into temporary foster placements as a result. One of the ways in which costs could shift to local authorities is through children being taken into care. If families are made destitute and parents have to rely on working without permission, provisions in the Bill will mean that the parents will be criminalised, which will again mean that children need to go into care. There are other considerations to take into account.

Adrian Matthews: I understand you are going to be hearing from local authorities and they will evidence the fact that during the section 10 pilots in 2004-05, a number of children were, in fact, taken into care as a result of what the Government were attempting then, which was to withdraw support and accommodation, so it does not work.

[Craig Whittaker]

Q 180 I want to come back to the Minister’s earlier point. The point about assessment is that the children’s best interests forms a part and is an integral part of that process. I think it was Kamena—I apologise if it was not—who said children should not be blamed for the actions of the parents. However, they are in this situation because of the parents. For those families who have exhausted their appeals rights, those who could and should leave the UK, how long do you feel we should give support? Do you think it should be indefinite?

Adrian Matthews: It has to be case sensitive and based on the best interests of the child. Take, for example, a child born in this country. If you are going to send them back to another country, they will need to be returned with certain things that can prove their identity—establish or re-establish their identity—so they will need an original birth certificate and their medical records; they will need documentation from the embassy to show that they have legitimately travelled from the UK to the country of return. All these things are case sensitive. A lot of different factors would need to be taken into account. So I do not think there is an answer to your question in terms of a set time or limit. It has be done on a case-by-case basis.

Immigration Bill (First sitting)

Anne McLaughlin Excerpts

Tuesday 20th October 2015 Public Bill Committees

[Chloe Smith]

Q 20 But they are not, because the 2005 pilot was based on correspondence rather than engagement.

Mike Kaye: Talking about correspondence rather than engagement is not going to be the issue that changes whether this works or does not work.

John Wilkes: I have worked in this field for seven years now, and one of the observations that I would share is that the system has been in a state of constant churn over that seven years. Asylum is a very complicated thing—it is one of the most complicated activities that the Home Office has to do under its responsibilities—and it has had perpetual change in all sorts of aspects of the system, and I mean major organisational changes. So the system has no time to settle down and to have a coherent overview of how these things are done. Doing a pilot in one area of the system when there are things that need to be addressed in other parts of the system means that you do not get the results you need. The system needs some time to settle down and to enable a much more focused approach on the whole system. In that way, you will start to achieve better results.

Mike Kaye: If you look back over the past 20 years—I totally agree with what John is saying—what you see is different Governments setting different targets. What you are generally doing is shifting very limited resources to meet a separate target, which just creates a backlog in a different aspect of the asylum system, and you have big structural changes, which are administratively inefficient, waste time and do not deliver the end goals that you are looking for. If we want to save money, to make the system work more efficiently and to have quicker and more accurate decisions, we need to resource the whole system properly.

[Anne McLaughlin (Glasgow North East) (SNP)]

Q 21 My question is specifically to John Wilkes. It is about the Scottish issue. Obviously, every country has different legislation. You have been through the changes in legislation coming from this House, so I hope that you will be able to advise us about the impact of this legislation, and the challenges that that presents, in terms of Scottish legislation.

John Wilkes: One of the things we said in our evidence was that the Committee should ensure that the Immigration Bill considers whether the legislative consent process needs to be undertaken with the Scottish Parliament under the Sewel convention, which is actually going to be put into statute under clause 2 of the Scotland Bill, which is currently going through the House. We say that because the whole concept behind legislative consent is that whatever this Parliament does should have no unintended consequences on the business of the other Parliament. There are a number of aspects of the Bill, particularly on asylum support, that we feel would have an impact, in the way colleagues have identified, on local authority responsibilities and on duties to children, which are framed in different legislation in Scotland. There is the Children (Scotland) Act 1995 and the Social Work (Scotland) Act 1968, which, in Scotland, defines local authorities’ responsibilities in terms of a duty of care to people who have no other resources. We believe that one of the duties of this Bill Committee is to ensure that there are no unintended consequences. What the Home Office often says about immigration legislation is that the intention is around immigration. What Sewel also says is that you have to look at the impact of that legislation, and we think that the impact of this legislation potentially involves legislative consent considerations between the two Parliaments.

[Simon Hoare (North Dorset) (Con)]

Q 22 Mr Kaye, could I take you back to what I thought was the nub of your argument? You said—I think I heard you correctly—that as soon as financial support is removed, people lose contact. Can I put the other side of the coin to you? If somebody’s application is finally refused, do they not, against that backdrop, and irrespective of whether financial support is provided, run and hide, because they do not like the decision, and they do not want to leave the country? I am not persuaded that an element of financial support will, in any way, shape or form, encourage them to stay in a continuous dialogue with the Home Office and agencies while preparations for their removal are made.

Mike Kaye: Refused asylum seekers are not one homogeneous group; there are obviously lots of different people in different circumstances. Some people want to go home, and they take voluntary removal. That can take a long time; their Governments may not co-operate in providing them with documents. Others may be too sick to travel. Others should return home, but may abscond. You do not have to take my word for it; I am giving you evidence from studies that have been done. Where you have families that are supported, they generally do not abscond; they stay in touch with the authorities. If you cut off support, and you have refused asylum to a family or an individual, not only do they have no incentive to stay in touch but it will be very difficult for them to do so once they are destitute. It is the Home Office’s own staff who are saying, “Keep them supported, because then we will know where they are. We can stay in touch with them and encourage them to return home.”

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[Simon Hoare]

I know. That is why I asked it.

Professor Metcalf: There is good behaviour and bad behaviour in most sectors, but we know that hospitality is an area that is very much at risk. A lot of that is ethnic on ethnic. It is Chinese on Chinese, as it were, and Bangladeshi on Bangladeshi—I know that from the minimum wage. The big fiddles are on the hours of work—they grossly understate the hours of work to HMRC to make it look as if they are paying the minimum wage when they are not. Construction is quite a fruitful area. The reconstituted GLA will probably focus on those two sectors. In a sense, that is why I think having the director as the pivotal person for the intelligence—all those agencies know a lot about the sectors they have to get into—will help a lot. But my initial inclination would be to say construction and hospitality.

[Anne McLaughlin]

Q 45 Is a worker who does not have the right to work in this country—for example, a parent who is made destitute by this legislation—and who is being ruthlessly exploited, or physically or sexually abused, more or less likely to seek protection as a result of these provisions?

Professor Metcalf: I do not know all the details of the legislation, other than what I am talking about in terms of enforcement. I would hope that the director makes the enforcement issue more central to the labour market. If we enforce the minimum standards, a person in those circumstances would be more aware of the possibilities—often, particularly if they are migrants, they are not aware of them—and also more likely to go public. I would have thought that that would be quite a major component of the new director’s work. That basically follows up the question from earlier, because if you can stop the exploitation of the migrants, it is also helpful to British residents.

[Paul Blomfield]

Q 46 Sir David, I imagine that you would agree that labour market exploitation takes place where gangmasters and those exploiting people can create a climate of fear and intimidation. You will be aware that in the States, for example, there is a clear protocol between the Department of Labour and the Department of Homeland Security on firewalls between immigration control and labour market enforcement, to ensure the effectiveness of labour market enforcement and to create a climate in which people can properly express concerns. Is it important that we have such a firewall in the UK?

Professor Metcalf: I have never thought about that. I would need to ponder that a little. In some senses, when we went out in Wisbech, for example, we thought that having a Home Office official and somebody from the Department for Work and Pensions doing national insurance, as well as some people from the local authority and a community policeman from Latvia who spoke Latvian—the issue was about Latvians—made for a very strong enforcement team. So I am not sure, on the ground, when you do major inspections like this, that the firewall would be completely helpful, but I have not thought through the issue. I understand what you are saying in terms of the machinery of Government, but I can see that, on the ground, it would actually be quite helpful to have the different bodies.

Immigration Bill

Anne McLaughlin Excerpts

Tuesday 13th October 2015 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con)]

I rise to speak in support of the Bill, which addresses a very serious issue in a way that confronts the facts as they stand.

I have the honour of representing the Folkestone and Hythe constituency, which includes the channel tunnel. This summer, my constituency was 30 miles or so from the frontline of the migration crisis as it confronted the UK. In the camp outside Calais, known as the jungle, thousands of migrants are waiting to enter the UK. The truth about the conditions in those camps is that we do not know who people are or where they have come from. We do not know which ones are legitimate asylum seekers and which ones are not. Of the surveys done by numerous people who visited the camps during the course of the summer and previously—this is not a new phenomenon—it is quite clear that people in the camps are seeking to enter this country without being detected, without papers and without tickets. They are looking to enter this country without being noticed by the authorities, and then to work, live and be accommodated here without being noticed by the authorities. Some are doing this voluntarily, but others are putting their lives in the hands of dangerous gangs who are trafficking them across Europe and into this country, and who seek to exploit them when they are here.

[Anne McLaughlin (Glasgow North East) (SNP)]

Will the hon. Gentleman tell me more about those surveys? Who carried them out? How many people did they speak to? Did they have a box to tick that said, “I am trying to sneak into your country undetected”? That is what it sounds like to me.

[Damian Collins]

The hon. Lady can look at any number of reports made during the summer by various organisations that visited the camps. Why does the hon. Lady think that people are storming the channel tunnel at Coquelles every night? Why does she think people are storming the port of Calais? It is not because they have tickets, visas and passports to come here; it is because they are seeking to enter the country illegally. In doing so, it is clearly evident they are endangering their lives and the lives of other people who use those services too.

The people in the camps have the right, if they want help, to claim asylum where they are. They choose not to do so. Many people in that position are being exploited by very dangerous gangs who are moving people across Europe. The people who have the most to fear from the Bill are those who seek to exploit migrants coming to this country without papers. Migrants have been told not to claim asylum and that they will be looked after privately and secretly once they get here. Those people are exploited. It is the exploiters who have the most to fear from the Bill.

I very much welcome the work the Home Office has done to try to secure our borders. Much of the Bill deals with the consequences of people entering the country without papers and without the legal right to remain, and what we can do about that. Our first obligation is to protect the border itself. The investment the Government have made, along with the French authorities, in securing our border at Calais and Coquelles is hugely significant and hugely welcome. It has greatly reduced the numbers of migrants seeking to enter the country illegally by storming the entrances to the channel tunnel and the port of Dover. As I said before, that not only disrupts services but endangers their lives and the lives of others who use those services. It must be stopped.

I welcome the Home Secretary’s influence in persuading the French Government to provide more of their own resources in policing that frontier. I also welcome the moves passed recently by the French Senate—they are still going through the French National Assembly—to improve French law enforcement capabilities to deal with people seeking to enter this country illegally by storming the frontier at Calais and Coquelles. It is right that there are proper criminal sanctions against people who seek to use criminal damage and criminal trespass as a means to enter this country. I know, from people who work at Eurotunnel who saw the consequences of the actions during the summer, that those actions were not only highly dangerous but threatened to disrupt and even derail services through the tunnel. That would have endangered the lives of other passengers, as well as the lives of the people committing those actions. It is right to protect the migrants and to protect our frontier, and it is right that these important new sanctions are being considered.

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[Anne McLaughlin (Glasgow North East) (SNP)]

Mr Deputy Speaker, I just have a new favourite Tory in the hon. Member for Bedford (Richard Fuller). [Interruption.] I have never had one before. He is my first favourite Tory, which he may come to regret.

I may have been a Member of this House only since May, but even to an untrained eye it is clear that there is no better example of how not to legislate than the Bill in front of us today. It ignores the data gathered from the pilot project in the west midlands. It creates new enforcement powers when previous powers from the Immigration Act 1971 are seldom used, and it shifts the responsibilities of the understaffed immigration officers on to untrained and unaccountable private individuals.

The Bill represents a disproportionate infringement on the rights of individuals, with only a limited relationship between the legislation and its policy objectives. It is of little benefit to the common good; it is, in short, a shambles.

Restrictions on time allow me to focus on only one area, so I want to look at housing. The assessment of the pilot project in the west midlands by the Joint Council for the Welfare of Immigrants should act as a massive, shining red light on what is obviously a faulty policy. It identified clear problems with the so-called “right to rent” approach, none of which has yet been addressed by the Government. It also shines a light on the shameful failure of the Government to publish their own assessment of the pilot. They said yesterday that they would publish it before the Committee stage; they should have published it before today. As a member of that Committee, I want an assurance that it will be published in time for me to be able to assess it—in other words, in time for me to be able to do my job properly.

Despite the Government’s codes of practice, which they assured us would stop any discrimination, it is clear from the joint council’s report that there was an increase in discrimination in those areas in which the pilot was undertaken. Some 42% of landlords said that they were less likely to consider those without a British passport and 65% of landlords said that they were less likely to consider tenants who could not provide documents immediately.

The Government are creating a culture of fear. Although landlords do not wish to discriminate, the Residential Landlords Association said:

“Whilst the Residential Landlords Association condemns all acts of racism”—

as it should—

“the threat of sanctions will inevitably lead many landlords to err on the side of caution and not rent to anyone whose nationality cannot be easily proved.”

Clearly, it is fearful that this Bill will force landlords to act in a way that could be racist. What it is also clearly saying is that it does not want to do that, but the fear of being criminalised or even jailed may leave landlords with no other choice. The Government need to listen to their concerns, and if this legislation is not defeated—

[Kirsten Oswald (East Renfrewshire) (SNP)]

Does my hon. Friend agree that the requirement on landlords to check the immigration status of their tenants will surely encourage, even inadvertently, less favourable treatment, possibly discrimination, for anyone who does not look or sound British and also make it disproportionately harder for people to access appropriate housing?

[Anne McLaughlin]

I agree with every word from my hon. Friend. Indeed, it is one of the points that I really wanted to underline. If this Bill does go through, the Government must give landlords the resources they need to understand exactly what is required of them.

On the subject of racism, there is no doubt in my mind that intemperate language and legislation that is based on the presumption that all immigrants can be illegal will increase racism. I have heard many positive things today about multiculturalism, anti-racism and welcoming people who have come from other countries. I invite all those Members who have an interest in this subject to attend the Westminster Hall debate secured by my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley), which celebrates Black History Month in October.

In practical terms, this Bill will make it much harder for those legally resident in the UK, originally from elsewhere, to rent a property here. It will leave some with no choice but to turn to unscrupulous landlords, which brings with it uncertainty and sometimes danger. There are also very real concerns regarding the privacy of the individual under this Bill. Those legally resident in the UK will have copies of their personal documentation kept in the hands of unaccountable private landlords for a period of years. As those include bank account details, this poorly drafted legislation also opens up endless possibilities of identity theft and illegal activity. If the Government wish to improve enforcement, why not start using the legislation on the statute book? Why not ensure that immigration officers are properly resourced so that they can do their job?

It is not just about professional landlords. A generation of property owners have bought their council house or their children’s university flat and have subsequently let it out. The Government want those property owners to do the work of trained immigration officials. What happened to the line oft quoted by Tories that an Englishman’s home is his castle? The Bill seeks to turn yon castle into an immigration office. The Bill does not reflect reasonable concerns on immigration but is rather a tokenistic attempt to appeal to a narrow segment of voters, reflected most clearly by the Government’s blatantly unnecessary language proposal in part 7.

Finally, I shall say one positive thing about the Bill. It has managed to unite social landlords, tenants, civil liberty campaigners and anti-racism campaigners with employers, private landlords and many more in opposition to its proposals—[Interruption.] Yes, it has. As we heard today, the Institute of Directors has also attacked the proposal, and the Government would do well to heed those concerns.

[Mims Davies (Eastleigh) (Con)]

This spring, on doorsteps across my constituency, people wanted to have a say on immigration and they wanted to be heard. I welcome this debate on such an important issue and rise to support the Government and the Home Secretary.

We are fortunate to live in a country that has benefited enormously from being a true melting-pot nation, and we speak in a truly global and outward-looking country and a truly diverse city. Students across the world come to our universities seeking the finest education, global investors continue to put their faith in the economic security of the nation and our proud culture of arts boasts the positive values of immigration and true diversity. Famous Britons who were not born Britons—George Handel, Henry James and T. S. Eliot to name but a few—have come here and succeeded, and without immigration we would not have our wonderful Marks & Spencer or the chance to do the “Mobot”. However, our nation’s proud history of immigration is reflected not just by these famous and successful names. Those who quietly toil day and night, providing us with the best healthcare, reflect our history of bringing people in to add value to this country.

Some 11% of all the staff in our NHS are foreign nationals, as are 26% of doctors. It is truly in the fabric of our nation that we are the beacon of opportunity across the world, but it is vital that we do not diminish that record by undertaking a programme of uncontrolled immigration that is neither fair nor sustainable. I do not want to see immigration without the rule of law, nor do I want to see people come to our shores only to be exploited by criminal gangs and forced into poorly paid work.

Migrant workers are often vulnerable and subject to labour market exploitation. I welcome the Bill’s institution of a new statutory director of labour market enforcement and am reassured by the Home Secretary’s opening remarks about the clear reporting structures. The new role ensures that intelligence and resource allocation across the regulators is properly co-ordinated, and the measure sits alongside a crackdown on those who would seek to employ illegal workers. We must be absolutely clear in this House that those who come to the UK illegally should not be working 20-hour days for no pay. It is not fair and it is not right.

I welcome the crackdown on driving licences. Too many tragedies on our roads have happened because of those who have not been checked and who are not regulated and who cause a menace on our roads. I believe that the fluent English requirement is vital for our workforce and to balance the skills gap.

[Anne McLaughlin]

Can the hon. Lady tell us how many tragedies have been caused on the roads by immigrants who come here and do not have a driving licence?

--- Later in debate ---

[Simon Hoare (North Dorset) (Con)]

It is a pleasure to follow the hon. Member for Belfast East (Gavin Robinson). A number of right hon. and hon. Members have made the important point—I am sure that this is neither an intention of the Bill, nor an outcome—about the sensitivity of names with regard to lettings policies. The hon. Member for Belfast East comes from a community where being allocated a house, or indeed given a job, might often have depended upon having a Protestant-sounding or Catholic-sounding name. That is a sensitivity that we should be alert to, as I have little or no doubt Government Front Benchers are.

Let me turn briefly to the reasoned amendment that stands in the name of the Leader of the Opposition and others. I think that this is the first time I have seen a U-turn performed in an amendment. The first two thirds of the amendment are in full praise and support of the Bill, but then it rests its reason why we should not give it a Second Reading on an argument that a report that is to be published

“could cause widespread indirect discrimination”.

I do not think that that is a particularly well argued point from the Opposition. Given the amount of time that they have spent thinking about their position on immigration, I think that we might have expected a little better.

There are some very nasty people out there in our communities, and they have some very nasty views on this sensitive subject, which I have no doubt they will articulate with force and passion from their armchairs and in the saloon bars. But those nasty views are not put forward in this Bill. The Bill does not try to debate—because this is not the kernel of the argument—whether immigration is a good or bad thing, and it does not seek to further or foster racism or discrimination; it seeks purely to find better ways of defining the legal and the illegal. There is no qualitative judgment on an immigrant community the vast majority of whom play a full and active part in British life and are welcomed to our shores.

When my family and I moved house relatively recently, we were assisted by a very hard-working man from Poland. When he discovered what I did for a living, he quaked and said, “You don’t want me here, do you? I’d better go.” I said, “No, not at all.” It is a helpful irony, in many respects, that we are debating this issue on the anniversary of the birth of Lady Thatcher, who did so much to champion the rights of people from the former eastern bloc to come to the west. That free movement of people is something we should celebrate and support. We must understand, however, that it cannot and should not be unfettered. When I stood in the 2010 election—I fought Cardiff South and Penarth, and Cardiff South and Penarth fought back—established members of the immigrant, but very settled, community in Grangetown and Butetown said to me, “For God’s sake, Governments have to get a handle on this because we are starting to feel anxious. We are starting to feel that the Government have lost the plot.” That struck me as a very forceful endorsement of the main thrust of this policy and this Bill.

I am surprised by Labour’s tone with regard to the main thrust of the Bill in trying to clamp down on illegal working and exploitation. This is a matter of human welfare. We have all heard horrible stories of the terrible conditions of people forced to work in this country because they are here illegally and their existence can therefore be abused. It is absolutely right—I hope that it would unify the House—that we should focus on that and try to correct it and remove it from our national life.

I strongly welcome the proposed appeals process, but it will come as no surprise to the Minister that I, and no doubt many in this House, believe that the Home Office needs to up the speed with which it determines these appeals.

I agree with the hon. Member for Belfast East that it is a surprise that a language requirement has not existed in our public sector, and I very much welcome it.

[Anne McLaughlin]

The hon. Gentleman says that a requirement to speak English when working in the front line of public services has not existed until now. Has he ever used a public service and found that the person he is dealing with does not speak English, because I have not?

[Simon Hoare]

It depends at what level. Certainly, within the national health service, you will hear of many patients—constituents in North Dorset have told me this—who often have difficulty communicating because local idioms of language are just missed. To have that core skill—

--- Later in debate ---

[Craig Mackinlay]

I appreciate that there are differences across the country, but in my constituency in particular, the issue of immigration was on the lips of many.

I pay tribute to my hon. Friends the Members for Monmouth (David T. C. Davies) and for Rochester and Strood (Kelly Tolhurst), who have visited many of the camps in Calais. Like them, the mayor of Calais herself has recognised that many of the problems that she faces daily result from the perception of Britain as an easy touch when it comes to working and doing the wrong thing. The Bill will deal with that.

I want to say something about under-the-counter working. The existing civil sanctions were stiffened last year by the Immigration Act 2014, under which illegal employers face a £20,000 civil fine. According to the figures for the last few years, 2,150 civil penalties were issued in 2014, but I would guess that that figure is probably much lower than the reality. The companies involved are often low-asset businesses, or have no assets at all; and the fines have been levied only on businesses. The figures suggest that that the number of illegal employers has not been reduced by the increase in the fine to £20,000.

I welcome the criminal action that will result from the Bill. I pay tribute to the former shadow Attorney General, the hon. Member for Islington South and Finsbury (Emily Thornberry), for the question that she asked on 11 November 2014, at about the same time that she took some photographs during the Rochester and Strood by-election. It was an extremely pertinent question about the number of criminal sanctions that had been imposed under the Immigration, Asylum and Nationality Act 2006. The answer was just 19. We need the criminal sanction in the Bill, because the civil penalties do not seem to be doing the job.

I also want say something about driving offences. It is considered to be far too easy for illegal immigrants to secure driving licences. That is an issue for the DVLA to address, but I was reassured when the Home Secretary said earlier today that 9,000 licences had been revoked last year. The hon. Member for Glasgow North East (Anne McLaughlin) asked my hon. Friend the Member for Eastleigh (Mims Davies) how many deaths there might have been. I do not know the answer, and I suggest that the hon. Lady ask the appropriate written or oral parliamentary question, but to my mind one death caused by an illegal driver is one too many.

[Anne McLaughlin]

I agree. One death caused by any driver is one too many, so let us not misunderstand what I was saying.

Oral Answers to Questions

Anne McLaughlin Excerpts

Monday 12th October 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I thank my hon. Friend for his compliments about the Modern Slavery Act. A number of measures from the Act, including the new offences, are now live. We shall shortly implement the section on transparency in supply chains, which has the potential to change international opinion on slavery. We have also been successful in having modern slavery included in the sustainable development goals at the UN, which should mean that there is increased focus on the issue. We are also working with other European Governments to ensure that slavery is at the top of their agenda too.

[Anne McLaughlin (Glasgow North East) (SNP)]

T4. A month ago a very impressive young woman came to my surgery asking for my help. She is in her mid-20s and is a high-flying accountant—or she would have been had her wings not been clipped by the shock news that she has no status in this country through no fault of her own, but because her parents have overstayed their welcome. She is now estranged from them. Does the Home Secretary have any sympathy with children in those circumstances who have done nothing wrong? Could I write to her and ask her to use some discretion in looking at this case?

[James Brokenshire]

It is very difficult to comment on an individual case without knowing all the facts and circumstances, but if the hon. Lady would like to write to me with that information, I will consider it carefully.

Migration

Anne McLaughlin Excerpts

Wednesday 16th September 2015 Commons Chamber

[Mrs May]

The members of the Schengen zone are already considering how the Schengen arrangements and border code operate and whether any changes need to be made. Obviously, as my hon. Friend and other hon. Friends have hinted, some countries have been exercising the clause in the Schengen arrangements that enable them to take emergency border measures. It is right that the members work together on this issue to decide what is appropriate, and it is right that we have retained our border controls and are not part of Schengen.

[Anne McLaughlin (Glasgow North East) (SNP)]

A gold command team has been set up to look at how we offer people support when they are here. Can they also look at the welcome people get the minute they set foot on UK soil? As the Secretary of State has said, we are taking the most vulnerable people and they need to know they are welcome here. I was struck by what happened in Germany, where people seemed to come out spontaneously and welcome people to their country. It is important that we do the same—important that the people of these islands can express their support and important for the people arriving as well.

[Mrs May]

I thank the hon. Lady for making that point. It is important to ensure that when people arrive here they know they are welcome in the UK. That is part of the work that the Minister for Refugees will be doing. It is a way to harness the offers of support from individuals, charities and non-governmental organisations across the UK to make people welcome when they arrive.

Immigration Detention

Anne McLaughlin Excerpts

Thursday 10th September 2015 Commons Chamber

[Anne McLaughlin (Glasgow North East) (SNP)]

I have worked with asylum seekers and refugees in Glasgow and the west of Scotland for many years. Some have ended up in Dungavel immigration removal centre and some in Yarl’s Wood. These individuals are the embodiment of the word vulnerable. They live in poor housing, are maintained with very little income and frequently have only a basic knowledge of the web of legislation and bureaucratic processes that determines whether they stay in the United Kingdom.

Many have children who attend local schools, while the lengthy process of deciding asylum claims is played out, but they frequently have a perseverance and bravery that would put the rest of us to shame. One source of strength is the network of support offered by local communities and charities when asylum seekers arrive in their area, and I would like to pay tribute to the work of three organisations in my city: Unity, the Glasgow Campaign to Welcome Refugees and St Rollox church in my constituency.

These people also establish networks among fellow asylum seekers housed in the same buildings and with parents at their children’s school. That entire network of support is removed at a stroke by detention, particularly in the case of those taken from Scotland to be detained in England, where there is a different legal system and absolutely no chance of retaining support networks because of the distance. Detention is costly and, I would argue strongly, an unnecessary step in the asylum process. If the Government are convinced that a case is without merit, and if all the available legal routes of appeal and tribunals have been explored, they have both the address of the asylum seeker and a venue where they regularly have to attend and report to the UK Border Agency. They therefore have ways to effect a removal without resorting to detention.

It is not easy for anyone to abscond and stay on the run for any length of time. It is a million times harder for someone from another country. Let us think about it. If I want to go on the run—I sometimes want to in this place—I will have friends and family right across these islands. The average asylum seeker has only those in their local community, and they are mostly other asylum seekers who also have next to nothing. That makes it far more difficult to go any further than their local area. How would they survive? I have money, things I could sell, I have family, I am allowed to work, and I have a credit card. The average asylum seeker has none of these things. Just surviving would take a momentous effort every minute of every day. Anyone who does that does it because they know that the alternative is far worse. And what about children? It is one thing for an adult to go on the run, but how on earth do they do that with children in tow? It is almost impossible. Those who do take that route are in a minority.

Detention is a costly burden to the state and a damaging experience for the immigrant, especially if they are particularly vulnerable. I visited Dungavel, Scotland’s only immigration removal centre, while a Member of the Scottish Parliament. I was there to visit a family who had asked for my help. These places are what I imagined prisons to be. I was questioned, I was fingerprinted, I was escorted by a uniformed person with a massive bunch of jailer’s keys. I felt nervous. I could barely concentrate on what the family were telling me, from looking out the window at the high walls and the barbed wire surrounding us. I could see the children staring wide-eyed, no doubt wondering what on earth they had done wrong to end up in there.

Of course, we no longer detain children, but that does not mean that we would not do so in future, so it is important to talk about it, in case it should come back. I want to talk about a nine-year-old boy I knew who spent months living in Yarl’s Wood with his mother. I watched this shy but happy little boy almost fade away. Physically, he lost 10 lb in the first three weeks; mentally, we scarred him for ever. “Mummy”, he whispered one day while in Yarl’s Wood. “I don’t want to be here any more. It would be better if we died. Please, mummy—please can we die?” I was very close to this little boy and in constant contact with his mum. This is not a made-up person to illustrate a point; those were his exact words. I will never forget them and nor should anyone in this place. What of the women who have suffered sexual abuse in their countries of origin, as many Members have mentioned today, and then find themselves locked up with male warders? Can we imagine the terror that they experience?

If the Government are not swayed by the benefits to our fellow human beings, perhaps the knowledge about the effect of investing at the refusal stage, as countries such as Canada and Sweden do, should convince them. If they say today that they will not accept the recommendations of the report and not consider anything that those on the Opposition Benches have discussed, they should at least be honest and admit that detention is about political ideology. It is about warning new asylum seekers: “This is what could happen to you and your children, so stay away.” I hope they prove me wrong on that, I really do.

Immigration

Anne McLaughlin Excerpts

Thursday 9th July 2015 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Alan. I congratulate the hon. Member for Isle of Wight (Mr Turner) on securing the debate. He knows that we debated this subject long and hard in the previous Parliament and that we will continue to debate it in this Parliament.

As the debate has shown, there is a complexity to the issue that is not necessarily apparent at first sight or when it is discussed in the wider context. Many points have been made today about the importance of Europe and the challenges that we face in Europe. Members have spoken about the strength of borders; about the need to ensure that we have a strong economy, and how that relies strongly on migration; about refugees; about family migration; and about how we manage migration as a whole. The contributions of all Members have shown the complexity of the issue, and I will touch on a few of their points my comments on behalf of Her Majesty’s Opposition.

I hope that the hon. Member for Isle of Wight will take this remark for what it is meant to be, but I do not agree with the basic tenet of his proposal that there was some vast conspiracy by the Blair Government to swamp the United Kingdom with individuals from within the EU. I am proud to be part of a wider Europe, and it is important that we are. There are challenges with the free movement of people, but they go with being part of a wider Europe. In my constituency, we make the biggest and best aeroplanes in the world with the Airbus fleet. It is a joint French, Italian, Spanish, German and British scheme. There are Brits working in France, French people working in Spain, Spaniards working in Germany and Germans working in north Wales. Free movement facilitates that, and the free movement of capital in Europe gives us access to the free movement of people.

However, there are challenges, and the hon. Gentleman is right to bring those challenges to the House. There are challenges when individuals are brought to this country and exploited. That is why we have pressed the Minister hard to enforce the minimum wage properly and treble the fines for not paying it; to look at extending gangmaster legislation to new areas in which people are being brought into the country and exploited; to ensure that there are minimum housing standards that are enforced properly and efficiently; and to ensure that we deal with the downward pressure on wages that is often the root cause of tensions, both in my constituency and elsewhere. In the past few weeks, I have knocked on doors in my constituency, and people are concerned about wages being forced down because people are able to come to the United Kingdom and offer themselves at a lower salary. Those challenges are real. I understand the tensions, and we should look at how to address them.

Just because I believe in free movement, that does not mean that I do not want to see changes. There are reasonable changes that can be made—the Prime Minister might or might not be able to negotiate them—to benefit entitlement for those who come to the United Kingdom. The right hon. Member for Cities of London and Westminster (Mark Field) made the same point. There are issues to consider related to when European citizens can claim child benefit and child tax credits and how individuals who come to this country work here. Those are real and genuine concerns, but they do not override the fact that we are part of a wider Europe. We are party to free movement, and we have to accept that.

In a contribution that was as thoughtful as ever, the right hon. Gentleman highlighted some of the challenges of criminal behaviour. It is important that, as part of a wider European Union, we know about and can track people who have committed an offence outside our country, and on that basis decide whether we should prevent them from entering the country. If individuals from Europe commit offences in this country, we need a mechanism to allow us to remove them and monitor their movement. That is reasonable, but it does not put an end to the fact that there are still 1.6 million Britons who live outside the United Kingdom in Europe. We need only go to Spain to see a lot of Brits who do not assimilate. They speak English and enjoy the treats of UK society in parts of Spain. If that happened in this country, the hon. Member for Isle of Wight would have great concerns. We need to examine a range of challenges, but the principle of being part of Europe is important.

My right hon. Friend the Member for Leicester East (Keith Vaz) mentioned the right and proper need to ensure that immigration policy has strong borders at its heart. We need to be able to manage our borders in a strong and effective way. To return to a point made by the right hon. Member for Cities of London and Westminster, we need to know who comes into our country, when they are here and, crucially, when they have left. We have debated the matter on many occasions, and the Minister will have heard me say this before, but if I go to America, I have to fill in an ESTA—electronic system for travel authorisation—form. The Americans know when I have arrived and how long my visa lasts, and if I have not left America when it expires, I am flagged up as an overstayer. Should I overstay, they might not catch up with me for several weeks or months, but the principle is that they know that I have overstayed. We currently have no mechanism for showing us who has come from outside the European Union, how long their visa lasts, when it expires, and whether they have overstayed. It is crucial that we address border management.

I am pleased that my right hon. Friend the Member for Leicester East is going to Calais. I went last November and saw the difficulties there, which are the result of people trafficking and movement through Europe. The situation is difficult and challenging. I have said this to the Minister publicly before, and I have said it in the media more widely: we need to hold the French Government to greater account over what they are doing to ensure that they monitor and identify the people in Calais and either offer them refugee or asylum status or remove them, because they are not currently being managed effectively. The Dublin convention says that people need to be monitored, checked and removed, or offered status accordingly. We need to look at that.

As well as the issues of free movement, strong borders and the need for integrity in our borders, we need to consider something that was mentioned by my right hon. Friend the Member for Leicester East, the right hon. Member for Cities of London and Westminster and the hon. and learned Member for Edinburgh South West (Joanna Cherry): the impact of immigration and migration on our economy. I will use my constituency as an example. Vauxhall, an American-owned company, is close by, and sells cars to Europe. Toyota, a Japanese-owned company, makes cars and sells them to Europe. Airbus, the biggest aircraft manufacturer in the world, has a factory in my constituency. They are all global companies. Japanese staff are needed to help to develop the Toyota product. American staff deal with the Vauxhall product. French, German and Italian staff deal with the Airbus product. They are global companies in a global world.

We need to look at how migration works for the whole United Kingdom. The hon. Member for Isle of Wight talked about restricting migration from outside Europe. If a Japanese company wanted to establish itself in my constituency in north Wales by bringing over skilled Japanese managers and some workforce, which would help to employ perhaps 100 people who had roots in north Wales going back 100 years, would I put barriers in their way? Would I say that we did not want that investment in the United Kingdom? No, I do not think I would. I would want to look at how we could manage it. We need to manage things, because we cannot flood the United Kingdom with individuals from elsewhere for ever—I share that concern with the hon. Gentleman—but integration with businesses outside Europe is currently managed, and there is a cap on the number of people who can come here. We have not reached that cap, but if we did, we would need to consider the needs of the UK economy and our skills shortages.

[Anne McLaughlin (Glasgow North East) (SNP)]

The right hon. Gentleman talks about the need to cap numbers and to bring people in according to what the nation requires, but, as my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) pointed out earlier, there are four nations within the United Kingdom. Along with the Scottish Government, most of the Scottish Members in the House agree that we have very different immigration needs. How would the right hon. Gentleman deal with things differently for the constituent parts of the United Kingdom? Will he join us in asking the Government to support the Scottish Government’s call to reintroduce the post-study work visa in Scotland?

[Mr Hanson]

I am grateful for that contribution. I recognise that we are still a united kingdom, and migration policy remains a non-devolved matter. We need to consider the economic and skills needs of the United Kingdom. Should we reach the cap, we would need to look at our skills needs. I recognise that there are a range of skills shortages in Scotland because of the age profile and for other reasons. That is important, and the Government should examine the situation, but as part of the immigration policy for the whole United Kingdom.

My right hon. Friend the Member for Leicester East and the hon. and learned Member for Edinburgh South West mentioned family migration. This morning, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) and I were at an event at which the £18,600 limit for family migration was discussed. We heard of some heart-rending cases in which people’s families have been split because of the Government’s policy that an individual must earn that much in order to bring in their family in from outside the United Kingdom. I find that policy disturbing, because it is based on income. My constituents on the minimum wage or in low-paid work in north Wales cannot bring in their partner, but a person who happens to have a better income can. I ask the Minister to think about that. Perhaps we could at least commence the process of reviewing how the scheme is working after three years in operation, and perhaps we can look at some of the challenges related to the income required to bring a partner in from outside the UK.

[Anne McLaughlin]

Does the right hon. Gentleman agree that having a minimum income level of £18,600 clearly disadvantages those on low incomes, but that those on low incomes are more likely to be living outwith the south-east of England—in the north of England, Scotland or Wales? They are also more likely to be women, so it is prejudiced against women.

[Mr Hanson]

Indeed. The point was made this morning that in my constituency in north Wales, and in the north-west, the north-east, the west midlands and Scotland, there is a lower level of general income than in the south-east. People might have more disposable income than in the south, because it can be argued that living costs are lower, so the income limit of £18,600 has a different impact in different parts of the United Kingdom. As the hon. Lady says, it has a particular impact on women and on young people who might not earn sufficient money at the start of their careers, but who may be in love with someone outside the United Kingdom. I will return at a future date to how we can review the £18,600 limit. I am not asking for a snap decision now. I simply want to plant in the Minister’s mind the idea that we need to look at that as part of a wider migration strategy.

It is also important to revisit the Government’s net migration target, which was set in 2010. They have missed that target every year and have missed it massively in the past year. I wonder whether the target is a useful tool. If everybody in this Chamber today left the United Kingdom, we would be contributing to the Government’s process of meeting their net migration target. The target is evidently out of the Government’s control, given the situation in Europe and the free movement of individuals who are UK citizens outside Europe.

If the Minister wants to keep a target, will he look again at the issue of students, which hon. Members have talked about? Students provide fees, good will, and economic spending. A student living in the constituency of the hon. and learned Member for Edinburgh South West and working at the University of Edinburgh will be putting money into the Edinburgh economy. They will go away from the United Kingdom with great thoughts of Edinburgh for ever and ever. They will want to return to Edinburgh, and one day may end up president of a country or chief executive of a company, and then they might come back and invest in Edinburgh or the City of London.

--- Later in debate ---

[The Minister for Immigration (James Brokenshire)]

I join other right hon. and hon. Members in congratulating my hon. Friend the Member for Isle of Wight (Mr Turner) on securing this afternoon’s debate, which has been measured and wide-ranging and has underlined the concerns that our constituents have about migration. Although there is unlikely to be agreement between all parties, it is of benefit that we have had this afternoon’s debate and been able to air points on a range of different themes to do with migration policies.

We have had a chance to consider various issues, including the pressures on public services and how we can ensure that we continue to attract the skilled and the talented, and the brightest and the best, to contribute to our economy. I note the comments of the right hon. Member for Leicester East (Keith Vaz) in using that terminology, but when we reflect on the past, we see that the operation of the immigration system has not always achieved that. Some of the routes intended for skilled migration have ended up being used for unskilled migration. That is why it is important to continue to have a resolute focus on abuse and to ensure that our immigration system meets the needs of our economy, but is also sustainable. My hon. Friend the Member for Isle of Wight fairly and rightly raised points about the pressures on public services and housing and about other issues that our constituents raise and are concerned about.

Before I respond to the points that have been raised and the challenge that my hon. Friend posed at the start of the debate, I want to set out some of the changes and benefits that we have seen from provisions that the coalition Government introduced. Since the Immigration Act 2014 received Royal Assent, it has been implemented across Government at speed over the past 12 months. The Act makes it easier and faster to remove those who have no right to be here, and it restricts their access to our national health service, to bank accounts and to rented property.

Since the 2014 Act was introduced, we have revoked more than 10,000 driving licences belonging to illegal migrants; deported more than 1,000 foreign criminals who would previously have had the right to stay in this country for their appeal; implemented new powers in the west midlands to require private landlords to check the immigration status of new tenants or risk a civil penalty; and introduced the immigration health surcharge on 6 April as planned, which has already generated more than £20 million in net income for the NHS. We have also implemented a new referral and investigation scheme to tackle sham marriages. Since March 2015, when our new powers came into effect, we have made more than 230 arrests and removed 150 people from the UK.

It is worth focusing on the steps that we have taken on EU migration. Under the Labour Government, an EU national jobseeker could arrive in the UK and claim jobseeker’s allowance, child benefit and housing benefit shortly after arrival, with few checks as to whether they had a genuine chance of finding a job in the UK. That has changed. Now, owing to the reforms we have introduced, EU jobseekers cannot claim jobseeker’s allowance, child benefit or child tax credit until they have been in the UK for three months. Then they cannot claim benefits for more than three months unless they can prove that they really have a genuine prospect of finding work here.

EU jobseekers cannot access housing benefit, and we have introduced a new test to check whether EU nationals who claim in-work benefits really have genuine employment here. We have toughened the habitual residence test, the gateway test that all migrants have to satisfy to access benefits. We have introduced tougher checks for the payment of child benefit and child tax credit to EU nationals, and we have issued statutory guidance to ensure that local authorities set a residency requirement for qualification for social housing.

In response to the points made by my right hon. Friend the Member for Cities of London and Westminster (Mark Field), we have introduced new powers to tackle abuse, so that EU nationals who do not meet the requirements of residence are removed and banned from coming back for 12 months unless they have a valid reason to be here. We can also remove and bar for 12 months EU nationals who facilitate sham marriages or the fraudulent acquisition of rights. I recognise my right hon. Friend’s points, however. I am willing to meet him following the debate to talk through some of the challenges that Westminster clearly faces. I had some discussions before the general election, but I will be pleased to have more, because I recognise the challenges, and we can work together on some operational matters. I will be pleased to take things forward in that way.

We have touched on a number of themes to do with how the immigration system works. One was student migration and the tier 4 route through our points-based system for students to study in the UK. Five years ago the coalition Government found themselves in a situation in which people who could not speak English were coming here and going to bogus colleges. They were not coming here to study at all, so the system was being abused. Action by that Government led to more than 880 colleges losing their sponsorship. We tightened up on the evident abuse that was profoundly undermining the system, but we did so in a way that still allowed the numbers of those attending our universities from abroad to increase. The figures show a 16% increase in student visa applications for universities compared with 2010, and a 20% increase in visa applications for the Russell Group of universities.

It is also important to underline that there is no cap on the number of students coming into this country to our universities. Those numbers are reflected in our net migration statistics, because almost every other comparator nation uses the same set of measures as we do—there is not some disadvantage in adopting that approach—but it is important to recognise that net migration by the student route was 91,000 according to the latest Office for National Statistics figures, so there is an issue with students coming here and not going again.

[Anne McLaughlin]

The Minister says that there is no cap on the number of students, or on those who apply to come to universities here, but our point is about not allowing them to stay. If we say, “The minute you graduate, off you go, you can’t come back again,” and we do not allow them to stay and find work, they will not want to come to this country in the first place, so we will lose some of the best possible talent that could be attracted to the country.

[James Brokenshire]

I thank the hon. Lady for her intervention and welcome her contribution to the debate. The Scottish Government have raised the issue of post-study work, which is the point that she is making. I have a number of observations about that. Student numbers continue to increase, notwithstanding the assertion that they might go down because of the changes we have introduced, and the UK remains open for study at our world-leading academic institutions.

As for post-study work, it is available through the tier 2 route. Students who find graduate employment may take up that route, in which case they are not counted against the cap. One of my challenges to many firms and businesses is, “What are you doing to harness that? What are you doing about working with universities and using the existing tier 2 provisions to make the most of graduates coming out of our universities?” There are ongoing discussions between my officials and the Scottish Government, and the Home Secretary will consider some advice and meet the Scottish Cabinet Secretary for Justice to discuss that and other shared matters of interest.

As for a separate arrangement for post-study work in Scotland, under the Fresh Talent scheme that operated until 2008, one of the issues that arose was that many international students granted entry under that route then chose to move to London and the south-east, rather than staying in Scotland. The issue needs to be considered with care, given the practical impact of some of the schemes.