Statement of Changes in Immigration Rules

Baroness Hussein-Ece Excerpts

Monday 16th May 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I shall speak to my Motion, which,

“regrets that Her Majesty’s Government have not made sufficient information available to judge whether the Statement of Changes in Immigration Rules (HC 908) is likely to achieve its policy objectives”.

In speaking to this general debate on the two Motions, I say first that the Motion of the noble Lord, Lord Avebury, raises some very important points about the effect of the changes on survivors of domestic violence and the negative impact on the Government’s commitment to end violence against women and girls. In particular, there is an inconsistency, as he pointed out, between the Home Secretary’s statement on domestic violence and the consequences of this statement of changes. Even if the number of cases is likely to be small, there is clearly a matter of principle to be discussed here.

My own Motion arises from concerns that a statement of changes has been laid without an impact assessment. As a result of this lack of information, the Merits Committee has drawn the statement of changes,

“to the special attention of the House on the grounds that it gives rise to issues of public policy likely to be of interest to the House and may imperfectly achieve its policy objectives”.

The noble Lord, Lord Avebury, has already referred to this point and I want to emphasise the points that he made.

Clearly, there are several important questions that remain to be answered, and the Merits Committee has identified eight or nine of them. I will not read through its list of questions—I have no doubt that the noble Baroness is well able to answer them—but there are two or three that I would highlight. First, will the changes contribute to reducing abuse of the student immigration system? Secondly, what will be the costs and benefits of the changes for the education sector? We have debated at Oral Questions and on Statements on several occasions over the past few months the impact that this is likely to have on the education sector. The noble Baroness will be aware that the Opposition’s concerns have very much focused on the unintended consequences for several of our educational institutions. I should be glad of some further information about this.

A third specific question for the noble Baroness is what impact the changes will have on the UK economy. When these proposals were first set out by the Government some months ago, we understood that several countries were gleeful at the thought that students who would have come to the UK would now go to those other countries. We are in a competitive situation. We are talking about the kind of students that we need to attract to our country.

The noble Baroness will probably be aware that I have a background in the health service. There is clear evidence that overseas students who come to our medical schools and go back to their own countries continue to maintain important links with the UK, which has had real benefits for the stimulation and sharing of medical knowledge, and the ability of British companies to sell their goods to other medical systems. I am very concerned that these changes could impact on the ability of our country to do business with other countries, and about the more general economic impact that that will have.

We then come to the core of the concern. The Explanatory Memorandum states:

“A draft Impact Assessment of the changes to Tier 4 has been prepared, however it is awaiting final clearance by the Regulatory Policy Committee. The Impact Assessment will be published in due course, once it has been finalised”.

We now know from a further report by the Merits Committee that,

“The UK Border Agency … has now confirmed that they do not intend to publish the IA until June”.

The statement of changes came into effect on 21 April. We were given it without the impact assessment, which we are now not to have until June. The Merits Committee considers this approach “highly regrettable”. The noble Lord, Lord Avebury, said that it is quite unacceptable. I agree. I am sure the Regulatory Policy Committee is a very august body, to which I defer and pay due acknowledgement. However, it takes the biscuit that this committee has to deliberate for months before Parliament is allowed to see the initial work on the impact assessment. This is unacceptable.

I say to the noble Baroness, whom we are all delighted to see in her place, that the Home Office has previous form in this area. Indeed, on 3 May we debated the statement of changes in Immigration Rules HC 863. The Government were rightly criticised for not publishing a comprehensive explanation of the findings of the consultation on that statement. These debates are valuable. I hope the noble Baroness will be able to provide some assurance that the points are taken to heart by her department, and that when there are future statements rather more information will be given.

The previous time we debated this, I am afraid I went down the cul-de-sac of discussing statutory instruments and House of Lords reform. I certainly do not expect the noble Baroness to respond to me if I go down that route again. I do not intend to push this to the vote and I doubt the noble Lord does either. However, it will be a pity if tomorrow, in the Statement, the draft Bill and the White Paper, very little is said about the powers of a reformed second Chamber. One of the reasons why I am a little doubtful as to whether the Government’s House of Lords reform proposals will make considerable progress is the failure to tackle the issue of powers. I have no doubt that, were this House to be 80 per cent or 100 per cent elected, the noble Lord and I would not hesitate to put this to the vote tonight. We would certainly feel that we had the legitimacy to do so. I do not expect the noble Baroness to join me in that debate. However, the day before we get the Statement, it is irresistible. I am glad to support the Motion of the noble Lord, Lord Avebury.

[Baroness Hussein-Ece]

My Lords, I follow my noble friend Lord Avebury in his comprehensive introduction to our reasons for raising this matter tonight—the problems that we envisage in the changes and their impact, particularly on women who may suffer through domestic violence. I shall confine my remarks to that and I will not keep the House too long.

I welcome the Government’s announcement that, from 1 April next year, women on spouse visas who experience domestic violence will be able to access mainstream welfare benefits for a short time while their application for indefinite leave to remain is decided by the UK Border Agency. This is extremely positive. It is in line with the Call to End Violence against Women and Girls action plan launched by the right honourable Home Secretary a few months ago. It included a commitment to finding long-term solutions to support those who have had no recourse to public funds. As we have heard, last week she restated her commitment that domestic violence must be taken seriously. However, my big concern about the statement of changes is, as set out by noble friend Lord Avebury, about the impact and, indeed, the unintended consequences of these changes as they apply to women in abusive relationships. We fear that those women may not come forward as a result of these changes. We know that women in abusive relationships are vulnerable—that is a given—and often do not come forward for a considerable length of time. Those women already live here and are British, but imagine women in these circumstances for whom their immigration status is an additional factor. They are even more vulnerable and subject to abuse.

We know that half the women in UK prisons say that they have suffered domestic violence. We also know that perpetrators of domestic violence often make false allegations about the victims of abuse to the police, which can result in criminal proceedings and possibly a conviction. The convictions cited could be for minor offences. I will give an example. As I mentioned in the debate we had some time ago on International Women’s Day, I set up the first domestic violence project for women with a Turkish and Kurdish background in Hackney and Islington nearly 20 years ago. I saw the full range of abuse suffered by the women whom we helped, in all its horrors. Many of these women were often too scared to come forward and get help because of threats from other family members and for fear of being ostracised by their immediate community if they reported their abusive partner to the police. For example, a woman may be trapped at home looking after her children and be totally reliant financially on her partner. He could refuse to give her money to buy food. I know that such cases have happened. I have dealt with a similar case where, in these terrible circumstances, a woman who took food from a shop—she stole food to feed herself and her children in a quite desperate situation—went on to receive a conviction for shoplifting. These already vulnerable women would be further disadvantaged if a minor caution or conviction, such as the failure to have a valid TV licence, became a deterrent to seeking help. I have dealt with a lot of these heart-rending cases. One involved a woman who finally found the courage to report her violent partner to the police only to be murdered on the streets of Hackney after he had been let out on bail the next day, without her being informed.

The UK Border Agency has said that it will continue to provide leave when needed to help protect women and girls. However, there remain huge concerns that this is insufficient, and that the rules will deter women from coming forward. We have already heard about the quality of some of the decisions taken by the UK Border Agency, and this is another big factor. In light of this, the wider context and the evidence that we are hearing and know about on the ground, I would ask my noble friend the Minister to reconsider this issue and to take it back. It does, and will, affect a relatively small number of women who are victims of domestic violence, but surely protecting all women must be our paramount concern.