Statement of Changes in Immigration Rules

Baroness Hamwee Excerpts

Wednesday 1st May 2024 Lords Chamber

To close, I hope the Minister can confirm that he agrees that this is fraudulent activity and can explain whether the Government have something in place to increase the risk part of the equation by making it such that, if somebody were thinking tomorrow about exploiting the health and social care visa system, there would be serious consequences. My noble friend talked about the registration process; the great thing about that from the point of view of fraud is that we now have all the paperwork to show that the person made the false representations—they have signed and submitted those documents. It should not be beyond the wit of the prosecuting authorities to make examples of people who have entered the system in that spirit.

[Baroness Hamwee (LD)]

My Lords, I hope that the House will forgive me for taking the Front-Bench slot from this Bench instead, where I can lean on the back of the Bench in front of me.

The inscription on the sculpture at Waterloo Station commemorating the Windrush generation reads:

“You called … and we came”.


It is the first and repeated line of a poem by Professor Laura Serrant, a very senior nurse, celebrating the call between 1948 and 1971 to people to care for this nation. One stanza is as follows:

“Our big hearts, skilful hands and quick minds

encased in our skins – of a darker hue.

Which had shimmered and glowed

in our sunnier climes.

But now signified our difference

– our un-belonging.

Matrons became assistants

Nurses became like chambermaids.

All the while striving to fulfil our promise

– to succour, to serve, to care”.

This is not the first time that I have used poetry in this Chamber to make a point which I cannot make quite so clearly myself.

I share both my noble friends’ regret regarding these rule changes as they apply to care workers—though “regret” is rather a mild term when we still look beyond the UK to other countries for people to care for us but do not treat them as we should. We fail to respect them as we should. We subject or expose them to experiences that do not show respect or, sometimes, humanity. We may not display overt racism in the same way that the Windrush generation encountered, but failing to recognise that caring is part of the culture of some other nations in a way that it is not in ours is, I think, an aspect of othering.

The paradox—or contradiction, if you like—of “We want you and we need you but there is a limit to how far we will reflect that in our rules and our ways of working” remains. It is reflected in the rules regarding dependants and in the risks of exploitation. My noble friends have covered that very fully, as did the Secondary Legislation Scrutiny Committee—although, as usual, it couched its criticisms in very careful language. Its report on the lack of an impact assessment and an equality impact assessment is very clear and, in my view, uncontestable, as is the absence of consultation. On the latter, the Government explained that

“an external consultation would carry an unacceptably high risk of a prolonged spike in applications pre-empting the rule changes”.

In other words, they have made the decision and do not want to have anything fed back to them that disrupts that decision.

To say, as the Home Office did, that a formal public consultation

“would be disproportionate given the nature of the changes”

overlooks how our care system operates, which is of enormous public interest and concern. It is something that people think of in terms of their own lives and the lives of the people they are close to. The Home Office explained that consultation would be disproportionate because of the

“marginal benefits of consulting on these particular changes – which would be unlikely to … inform the policy in any meaningful way”.

I leave that to speak for itself, but to me it is an interesting approach to consultation.

I am a member of the Select Committee reviewing the Modern Slavery Act, and we have identified the care sector as one to be concerned about. I do not want to say too much about that, not least because we have yet to take oral evidence from the CQC, but the CQC’s expertise, or the limits of its expertise, and its capacity have already been identified as areas to investigate: just what is to be inspected; what about enforcement; how best practice is to be encouraged and maintained; and all this in the context of a route designed, as the Independent Chief Inspector of Borders and Immigration put it, as applying to a largely compliant sector but applied to a high-risk area. It is a fragmented sector too, and it is easy to let people fall through the gaps. And it is a sector where exploitative practices are seen in providers who are actually now registered with the CQC.

How “the party of the family” can introduce rules about dependants, most of whom must be children and all of whom are subject to the “no recourse to public funds” rules is beyond me. How does this help in filling care roles? Is it a deterrent that care workers cannot bring their dependants with them? Deterrence must be a term which the Government wish had never been coined. It seems that, yet again, immigration numbers trump every other consideration.

Professor Serrant’s poem ends:

“Recognising the richness of our kaleidoscope nation.

Where compassion, courage and diversity are reflected

in our presence and our contribution:

Not only the hopes and dreams of our ancestors.

Human values needed to truly lead change … and add value.

Remember… you called.

Remember… you called.

You called.

Remember, it was us, who came”.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the noble Lord, Lord Oates, for moving his regret Motion and for the way he did it so fully and so movingly, if I may say so. I also thank the two other Liberal Democrat Peers who have spoken. I thought the noble Lord, Lord Allan, had an interesting perspective, with the various questions he asked the Minister and the way he delved a little more into the fraud that is strongly suspected to be currently within the system. Of course, the noble Baroness, Lady Hamwee, has taken a long-standing interest in these matters.

Anyone who works in our adult social care system deserves to be treated with dignity and respect, and our thanks should go to anyone who comes to our country to join our adult social workforce and our NHS workforce. The changes the Government have made regarding access to and cost of visas, including family visas, have had a huge impact on many families across the country, and there are serious concerns about how lack of transparency in the Government’s decision-making only makes the situation worse.

Net immigration levels soared to 745,000 in 2022, despite the Government repeatedly saying their priority is to bring them down. This compares to a net immigration level of 245,000 in 2019. We in the Labour Party are clear that this level of immigration is unsustainable. We must ensure a level of controlled immigration that balances the needs of the country. Our efforts to create a sustainable system must be evidence-based and transparent. The Government have not been clear, in the large number of major changes they have made in the past year, about why decisions are being made and what impact they will have on our workforce and our economy. The Migratory Advisory Committee must be asked to investigate the impact of preventing workers bringing dependants to the UK, as well as the setting of salary thresholds, and decision-makers must consider those findings and reach a sensible, balanced conclusion.