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

Debate between Baroness Altmann and Baroness Whitaker

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I have added my name to this amendment. I congratulate the noble Baroness, Lady Lister, on her persistence and dedication to this issue. Her passionate advocacy, particularly for vulnerable children, has always been impressive. I share her concerns.

I must admit that I truly cannot understand why the Government are resisting this extremely modest amendment. Indeed, the problem has been going on for so long, and this amendment is so reasonable in wanting to encourage the Government to agree at least to look at this issue carefully, seriously and thoroughly, that it would seem almost impossible to reject it. Perhaps we will hear from my noble friend the Minister that the Government are indeed minded to look at this more seriously and accept it after all.

The wording could clearly have been much stronger. The strength of feeling across the House at previous stages of the Bill has been clear. Children who have been born here and have the right to citizenship but then have to register to obtain this right, perhaps having to pay significant amounts that they cannot afford, seems to undermine some of the principles on which we base our country and citizenship.

The noble Baroness, Lady Lister, and the noble Lord, Lord Alton, have described the details of this lengthy amendment. I will not repeat them, but the principles referred to are so important to many individuals in this country, and to their rights as granted to them by Parliament. I find it puzzling, as well as disappointing, to see the Government so far refusing to agree to this.

Indeed, the Public Accounts Committee in the other place, in its report laid last month entitled Immigration Enforcement, has criticised the inadequacy of information available to my noble friend’s department and called for an urgent report to be carried out. Accepting this amendment could indeed assist the Government in that regard. For example, in one of its recommendations, the Public Accounts Committee says:

“Building on its response to the Windrush lessons learned review, the department should mobilise its evidence base and evaluations to challenge its own assumptions and beliefs about the user experience within the immigration system.”


That is part of what this amendment is attempting to do.

If my noble friend the Minister could accept the thrust of this amendment, and announce this at Third Reading, I believe that many of us on these Benches would be delighted and that there would be support from every side of the House.

[Baroness Whitaker (Lab)]

My Lords, the Home Office funded a project in 2019 which led to findings that many migrant children from the European Union who were eligible to apply for settlement status were also eligible to register as British. It was found especially that Roma children are both more likely to be eligible than many other EEA or Swiss migrants and more disadvantaged by Brexit; for instance, in supplying the correct documentary evidence, and given that the information on the need to register before the age of 18 is not effectively transmitted. The noble Lord, Lord Alton, referred to this report. The disadvantage that it exposes needs to be redressed. Is the Minister aware of the University of Liverpool study which sets out the problems in detail?

As my noble friend Lady Lister of Burtersett said in her powerful speech, an important point is that the scale of the fees has deterred many eligible applicants. As she and the noble Lord, Lord Alton, indicated, the High Court agreed that these costs were so disproportionate and prohibitive as to constitute a breach by the Secretary of State of her duty to safeguard and promote the welfare of children and undermined the objective of the British Nationality Act. I agree with my noble friend that it is really unfortunate that the Government are appealing this decision. The hearing is set for 6 October to 7 October, so a precipitate provision should not be put forward by the Government.

Finally, in addition, there are Roma people who were granted asylum and ILR status before their countries joined the European Union but who do not have documentary evidence of this. Importantly, neither do their children, so the children are also at risk of deportation. This amendment would go far to rectify the injustice.

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

Debate between Baroness Altmann and Baroness Whitaker

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I support Amendment 44 on late applications, to which I have added my name, especially in the light of the pandemic, with people perhaps not being well for quite some time or not knowing that they need to register. I hope that there will be explicit provision in the Bill for late applications. I also support Amendment 96, which would require publication of reasonable grounds for late application. Again, that would help people to understand that there is the wherewithal, for those who have missed the deadline, for genuine reasons to be catered for.

I also support Amendment 46 in the light of the information we have received from members of the public who are concerned about their lack of sickness insurance. I would be grateful if my noble friend could address that issue and what deliberations there have been in the department that might address the issues raised in this group of amendments. I look forward to hearing from my noble friend.

[Baroness Whitaker (Lab)]

My Lords, I regret that I was deterred from joining the crowded ranks for the Second Reading of the Bill. I support all the amendments in the group and I shall speak to Amendment 46, to which I have added my name. The noble Lord, Lord Bourne of Aberystwyth, has asked me to reiterate his support for it, as he cannot be here today.

As we have heard, Amendment 46 concerns the retrospective requirement for comprehensive sickness insurance to have been taken out before settled status is granted throughout any period of self-sufficiency or as a student. This requirement has borne disproportionately hard on Roma people, with consequent unjust refusals of applications for naturalisation. This has been brought to my attention by the Roma Support Group, since it has particularly affected Roma women who have been looking after children full time, and thus are self-sufficient—neither employed nor self-employed—and who have applied for settled status using such documentation as they had, such as rental agreements or council tax bills, which were of course deemed insufficient. The requirement also prejudices the children of parents who have settled status but who did not acquire comprehensive sickness insurance themselves. The fees are usually out of their reach.

In answer to my Question HL6271 on this matter last July, the noble Baroness, Lady Williams, said that having comprehensive sickness insurance

“has always been a requirement”

under EEA regulations, implying that students and self-sufficient people should have known about the requirement and ensured that they had the insurance. In fact, the CSI requirement results from the Home Office’s specific interpretation of EU regulations, which the European Commission considers to be in breach of EU law. I quote the European Commission’s own text:

“Under the Free Movement Directive, EU citizens who settle in another EU country but do not work there may be required to have sufficient resources and sickness insurance. The United Kingdom, however, does not consider entitlement to treatment by the UK public healthcare scheme (NHS) as sufficient. This breaches EU law.”