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

Bambos Charalambous Excerpts

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

[Kevin Foster]

I thank my right hon. Friend for his constructive intervention. Yes, certainly; I am more than happy to engage with him about how we can look at this process. He will realise that it is not just in this area where there has traditionally been a difference, because EEA nationals have freedom of movement rights, so it would be odd to grant them status under immigration rules, but I am certainly happy to have that conversation. I also reassure Members that we would consider someone’s being held as a modern slave as reasonable grounds for a late application to the EU settlement scheme. I say gently that it would be unhelpful to have two very similar sets of criteria, one under the immigration rules and one under policy, so we do not accept Lords amendment 9.

Having been through the more contentious areas, I hope that Members support Lords amendment 11, which was introduced in reaction to feedback in the other place. I hope that Members accept the reasons I have outlined why the Government cannot accept the Lords amendments that we ask the House to disagree with, but I hope that they have a sense of the Government’s commitment to the issues raised.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is a pleasure to be at the Dispatch Box for the return of this incredibly important piece of legislation. I thank peers in the other place for their detailed work on the Bill. We welcome the amendments that have been secured, most of them with significant majorities; several of the improvements before us today demonstrate cross-party support.

Lords amendment 1 would require the Secretary of State to commission and publish an independent assessment of the impact of ending free movement on the social care sector. The Government’s intransigence on this matter has been beyond disappointing. This Bill has been an affront to those migrant workers working on the frontline in social care. To have clapped them on a Thursday night and then told them that they are unskilled and therefore not welcome on a Monday is both disrespectful and shameful.

Members on both sides of the House have witnessed the vulnerabilities across our health and social care sector, which, despite the best efforts of its dedicated workforce, has been pushed to the limits over the course of the pandemic. Unison, the UK’s largest trade union, represents our dedicated public sector workers, including social care workers, across the UK. We have worked closely with Unison, which has supported and represented workers throughout the pandemic. With its in-depth knowledge of the sector and foresight, it has articulated its vision of social care in its “care after covid” campaign to address the fault lines that were so exposed throughout the last six months. To propose a Bill that will make radical changes to the recruitment of social care workers without considering the impact is simply negligent and careless governance.

The Minister referred to the Migration Advisory Committee; in its recent report, commissioned at the request of the Home Secretary, it expressed concerns about the social care sector and argued that if necessary funding and pay increases do not materialise urgently, it would expect the end of freedom of movement to increase the pressure on the social care sector. That would be particularly difficult to understand at a time when so many care occupations are central to the covid-19 pandemic frontline response.

These remarks should unsettle the Government and spur them into action, and I fully expect that if the Government do not listen, on the day that the new points-based immigration system is implemented we will still be deeply entrenched in the battle against coronavirus. If we do not do our due diligence by adopting this amendment, the Bill is set to undermine social care recklessly at a time when we can least afford it, so we urge the Government to reconsider their position, commission the impact assessment and understand the impact of the Bill on the social care workforce, on visas and on the consequences for recruitment, training and staff terms and conditions.

Amendment 4 would ensure there are safe refugee family reunion routes after Dublin III ceases to be available in the UK following the end of the UK-EU transition period. I want to place on record my thanks to the brilliant and inspirational Lord Dubs for his tireless work and leadership on this amendment in the other place.

A great deal has been said about immigration over the summer and we on the Labour Benches want in the strongest possible terms to distance ourselves from the Home Secretary’s dangerous rhetoric and to thank those lawyers who play such an important role in ensuring that the UK is upholding its international and legal obligations. The amendment demonstrates the future for one of the safe and legal routes we have all advocated for over the summer.

The Dublin III regulation is for family reunion and represents legal routes to safety from Europe for children seeking to come to the UK. Family reunion under Dublin III is currently the only legal pathway to reach the UK from the EU for the purposes of claiming asylum. It will no longer apply after the transition period. If we do not seek to address this issue, I fear that we will see more images of people making precarious and life-threatening journeys on dinghies across the channel.

The Government will say that they have a draft proposal for family reunion; however, it is apparent that their proposal is woefully inadequate. The proposals remove all mandatory requirements to activate family reunions. They remove the child’s right to appeal against refusal, and some children would not be covered by the narrower definition of family which Parliament passed in a 2017 Act.

Other safeguards have been removed, too, such as deadlines. According to one non-governmental organisation, 95% of people helped by NGOs to obtain a right of passage would fail the test proposed by the Government. Existing immigration rules also fail to cover this specific area, and therefore this amendment gives Parliament a chance to enshrine in law the basic principle of family reunion.

This issue is incredibly salient and our thoughts are still fixed on the suffering and horrors caused by the fire at the Moria refugee camp in Lesbos. The scale of that tragedy could have been minimised.

We all heard the pleas before the incident to the Greek Government for help with numbers at the camp, yet the calls were ignored by the people in power.

It is worth noting that the number of people who have come in under Dublin III has historically been very small. Up to 2014, there were 10 or 11 a year, and since 2016, a little over 500 have come in under it. We hear about the Government’s proposed fairer borders Bill on asylum, but those children cannot wait. We are asking the House to use its power to give transformative opportunities to innocent children who, through no fault of their own, have found themselves fleeing persecution and destitution.

--- Later in debate ---

[Matt Rodda]

Does my hon. Friend agree that having physical proof is deeply reassuring to many older people in particular, some of whom might not be familiar with IT and might feel that an IT-based system alone does not give them the security they so want?

[Bambos Charalambous]

My hon. Friend is exactly right. Many people have been confused about what status they have because of the emails they have received.

[Dr Julian Lewis]

I warmly endorse the last intervention the hon. Gentleman took. Governments of all stripes surely have enough experience of digital disasters to know that people need to have something tangible on which they can rely if they request it and if they feel insufficiently confident that a digital system guarantees that they can prove their status.

[Bambos Charalambous]

The right hon. Gentleman makes an excellent point. We need to ensure that there is documentation, because we have seen the failings of other IT systems in the past and cannot allow that to happen again, especially on an issue as important as people’s rights.

Although we are open to the Government’s aspiration to move towards a digitally-focused system for all UK immigration, we are also aware of the internal failings that prevail within the Home Office. With that in mind, we urge the Government to think again about adopting Lords amendment 5.

Lords amendment 9 would give EEA and Swiss nationals who are victims of trafficking at least 12 months’ leave to remain and access to benefits during their period of recovery after being confirmed as victims of modern slavery. I thank Lord McColl for all his work on this issue and congratulate him on garnering considerable cross-party support. There is an unfortunate absence of domestic statutory provision in England and Wales for confirmed victims of human trafficking on their rights to support and assistance. Over the years, that deficiency has been filled by EU law.

As things stand, following the end of the UK-EU transition period on 31 December, human trafficking victims will be left in an undefined legal vacuum. Following the end of the EU settlement scheme, victims of human trafficking who are EEA or Swiss nationals will be able to apply only for discretionary leave to remain. The criteria for that are very narrow and it is unclear whether the same treatment as that for non-EEA nationals will apply.

Lords amendment 9 would provide much needed refuge and support to people who have suffered unimaginable uncertainty and abuse. We hope that the Government will support it. We must tackle the systemic factors that lead to modern slavery, provide support to those who are affected, and encourage more people to come forward to end the perpetual cycle of abuse and crime. I heard what the Minister said, and we wait with interest to see what the Government will come up with, particularly in respect of support for victims of modern day slavery.

To conclude, this is a bad Bill: it is reckless and ignores the evidence. The Lords amendments, many of which have cross-party support, are a genuine attempt to address those failings. If passed unamended, the Bill will lead to staff shortages in our care system at a time when it is perilously close to collapse; encourage dangerous crossings, as it fails to address safe family reunion routes after Dublin III; and lead to a lack of safeguarding and support for victims of modern day slavery. The amendments have been well debated both here and in the other place, and I urge the Minister to accept them.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now have a time limit of six minutes.