Immigration Procedures

Baroness Barran Excerpts

Thursday 14th February 2019 Lords Chamber

[Baroness Barran (Con)]

My Lords, I congratulate, with others, the noble Lord, Lord Roberts of Llandudno, on securing this debate and welcome his contribution. As we have heard, he is a keen and passionate advocate for a fair and effective immigration system. As my mother was a refugee in this country, I was brought up to appreciate fully the importance of the issues that many noble Lords have raised today.

People from all over the world come to the UK and help to make this country what it is today. We all welcome their contribution and the fact that Britain is one of the best countries in the world to come to, study, work and live in. As the noble Lord, Lord Kennedy, and others have said, that is exactly why we need a fair immigration system that treats people with decency and respect and is trusted by all. That is why this Government have apologised—and I apologise again today—for the failure of successive Governments to deal with the issues faced by the Windrush generation. We are taking action to make procedures more effective and will continue to do so.

Noble Lords have raised a number of important issues, which I will aim to address. Although I disagree with the noble Baroness, Lady Bull, about the breadth of the debate—it may be an opportunity for speakers—I fear I may be writing to many noble Lords about their valid questions.

I remind the House of the scale of the immigration system to give some perspective. Thousands of decisions are made every single day, the overwhelming majority of which are completed within published service standards and enable people to visit the UK, to study and work here or, importantly, to rebuild their lives here. I thank my noble friend Lord Kirkhope and the noble Lord, Lord Kennedy, for acknowledging the hard work of civil servants. Clearly, I cannot comment on the role of Ministers.

The noble Lord, Lord Roberts, was critical of the Government in relation to our work with refugees, particularly child refugees, and I feel I need to set the balance straight. Our resettlement schemes offer a safe and legal route to the UK for the most vulnerable refugees.

The noble Lord, Lord Shipley, mentioned the speed of decision-making and better communication, and he was right to do so. Ironically, I understand that our processes might be faster than other countries’, which creates another level of anxiety. In the year ending September 2018, almost 6,000 people were provided with protection and support, meaning that we have now completed more than two-thirds of our commitment to resettle 20,000 refugees from Syria by 2020 through the vulnerable persons resettlement scheme, and we are confident that we will deliver the full commitment. As of September 2018, 1,075 people have been resettled through the vulnerable children’s resettlement scheme, although, as the noble Lord, Lord Roberts, said, we have more to do in that area, and we are determined to do so.

A number of noble Lords asked about the quality of decision-making in the asylum system. It will not surprise noble Lords to know that we believe it is a work in progress. I shall share with noble Lords some of the work that is going on and the reasons for cases being overturned on appeal. In some cases, new information becomes available. In an effort to resolve some of the older cases, which are, by their very nature, complex, we are prioritising them and introducing a new system in which we will have the option of withdrawing cases at the 20-week point to review them to avoid going to appeal. Finally, we have created a new facility for legal representatives to submit new evidence to have decisions reconsidered ahead of an appeal hearing, so we are making progress.

With regard to detention, as noble Lords know, we invited Stephen Shaw to conduct a follow-up review in 2017 to assess the implementation of his earlier recommendations. This Government are committed to using detention sparingly and only when it is necessary to remove those with no right to remain in the UK. I remind noble Lords that 95% of people with no leave to remain in the UK are managed within the community rather than being detained. In the year ending September 2018, 91% of those detained left detention within four months and 66% in fewer than 29 days. Crucially, we have changed the law to stop children being routinely detained in the immigration system. Noble Lords will remember that in 2009 more than 1,100 children entered detention; last year, 44 were held for a very brief period.

I am keen to take some time to respond to the comments about the proposed future immigration system; I shall briefly set out our vision for how it will work. We aim to maximise the benefits of the UK leaving the EU and create a joined-up, coherent border, immigration and citizenship system. As the Government set out in the White Paper published on 19 December, the future immigration system will work in the best interests of the UK. In line with the Migration Advisory Committee’s recommendation, we will focus on the high skills that the noble Lord, Lord Mountevans, and others mentioned and prioritise those migrants who bring most benefit to the UK, maximising the benefits of immigration.

Importantly, we are launching a year-long engagement process to make sure that businesses and all key stakeholders can help shape the final details of policy and processes. A number of noble Lords raised concerns about how this will work in practice, including the noble Lords, Lord Kennedy and Lord Greaves, the noble Baroness, Lady Ludford, and my noble friend Lord Kirkhope. I stress that this is, in the words of my right honourable friend the Home Secretary, the start of a conversation about how the new system will work, not the end.

As noble Lords noted, the Government are making significant changes across a number of areas. Despite the doubts expressed by several of your Lordships, I hope that I will demonstrate our commitment to creating a more agile, transparent and user-friendly system—described by the noble Lord, Lord Mountevans, as ambitious and dynamic—for the full range of people who will use it. The EU settlement scheme is indicative of the improvements that the Home Office is making. After we leave the European Union, it will secure the status of our friends and neighbours who have come to the UK.

The noble Baroness, Lady Ludford, asked about the numbers. So far, 100,000 applications have been received under the scheme, including 8,000 on the first day. I think she mentioned that we need to cope with 3,500 a day. So far, 79% of applications have been processed with no additional information required. The noble Lord, Lord Greaves, described very clearly the three criteria, as we understand them, for admission to the scheme.

The noble Lord, Lord Kennedy, and the noble Baroness, Lady Ludford, asked about additional support for vulnerable applicants. That support is certainly available, and there is a range of ways in which one can access the scheme. The noble Baroness also asked about the costs. We estimate that the scheme will cost between £400 million and £500 million. I will have to write to the noble Lord, Lord Greaves, on a number of his questions, including on what will happen if there is no deal. However, the key message from the Home Office is that we are looking to grant status; we are not looking for reasons to refuse.

I turn to the questions from a number of noble Lords, including the right reverend Prelate the Bishop of Durham, the noble Baroness, Lady Bull, and the noble Lord, Lord Kennedy. There was a lot of focus on the £30,000 salary threshold. That really is part of the conversation. As my right honourable friend the Home Secretary said, salary is one factor—it was a recommendation from the Migration Advisory Committee—but it is not the only one, and that applies also to lower-skilled workers and those on short-term contracts. The right reverend Prelate raised concerns about certain parts of the country where wages might be lower. My right honourable friend the Immigration Minister held a series of round tables in preparation for the White Paper. I know that she went to Cornwall but I am not sure about Durham.

The noble Baroness, Lady Bull, and my noble friend Lady Hooper talked about the creative industries. The immigration White Paper sets out the Government’s intention to attract the best creative and cultural talent from around the world. The UK’s existing rules permit artists, entertainers and musicians to perform at events and to take part in auditions and competitions for up to six months. They can receive payment for appearances at certain festivals for up to a month or for a specific engagement without the need for formal sponsorship or a work visa. In preparation for this debate, I discovered that classical ballet dancers are on the shortage occupation list. You learn something new every day in your Lordships’ House.

I am running out of time, so I will write to noble Lords about their concerns—my noble friend Lady Redfern and the noble Lord, Lord Kennedy, raised concerns about students. The right reverend Prelate and my noble friend Lord Kirkhope talked about simplification of the Immigration Rules. They will be aware that we have asked the Law Commission to look at that, and we will consider its findings carefully.

In conclusion, the Government remain committed to improving the border, immigration and citizenship system. We absolutely recognise that there is more to do and that is why we are listening to and engaging with Members across both Houses, with those using the system and with stakeholders, and we are taking independent advice as we seek to build a new immigration system for the future that meets our economic, humanitarian and security needs as a country. Noble Lords have raised important issues in many areas, particularly in relation to the asylum system and the challenges that we face as we leave the EU. I will endeavour to raise these points with my right honourable friend the Home Secretary when I meet him next week. I will write to all noble Lords. The noble Lord, Lord Shipley, and the noble Baroness, Lady Bull, suggested further meetings, and I am delighted to accept.

[The Lord Bishop of Durham]

Can the Minister confirm that she will write to me on my question about bishops visiting this country?

[Baroness Barran]

I shall be very happy to do that.

House adjourned at 4.40 pm.