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

Baroness Lister of Burtersett Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, not only does the Bill do nothing to dismantle the institutional architecture of the hostile/compliant environment, directed by its predecessors, but it extends it to thousands of EU citizens, and with it, vulnerability to detention. So I, like others, hope that we will build on the efforts of Conservative MPs to introduce a time limit. Following the Home Secretary’s very welcome announcement that she has accepted Wendy Williams’ recommendations of a full review of the confined environment, can the Minister assure us that the review has the power to question its basic tenets and institutions?

Also at risk are thousands of children of EU and EEA nationals, particularly looked-after children and care leavers. What safeguards will be put in place to ensure that these children receive permanent immigration status before June 2021? What procedures will there be to protect children’s best interests, including by ensuring that their right to British citizenship is not impeded by lack of information or the exorbitant £1,000-plus fee? Will the Minister also undertake to review the no recourse to public funds rule, recently ruled to be in breach of children’s human rights, as many more could now be affected by it? Could she give a categorical assurance that there will be no diminution in the rights of unaccompanied refugee and asylum-seeking children?

The Bill does nothing to address the existing immigration system’s many flaws, including those affecting asylum seekers. Yet it gives the Government carte blanche, particularly on social security with, as already noted, a clause described by the Delegated Powers Committee as “even thinner than skeletal”, raising serious questions on social security posed by some noble Lords that I hope will be answered.

What we do know is that a points-based system will be introduced through Immigration Rules which Parliament cannot amend. Far from being fair, as noted by other noble Lords, it confuses pay with skill and contribution, to the detriment of those recognised and applauded as key workers during the pandemic but now cast aside as lacking necessary skills. The Home Secretary herself conceded in February that caring is not a “low-skilled occupation”. Why is it being treated as one now?

Overall, the equality impact assessment acknowledges the adverse impact of a pay-based points system on women—as has the Minister. The Cavendish Coalition of 37 health and care organisations has warned the Prime Minister that we are heading swiftly towards an alarming destination with no obvious solution for the care sector and that it would be unwise to believe that domestic recruitment will solve all social care’s immediate problems. With adequate funding, domestic recruitment may well offer a long-term solution, but it is irresponsible to pretend it can do so from next year.

I plead with the Government to think again and, as other noble Lords have pressed, at the very least provide for a transition period during which the promised, much-delayed new care strategy can make provision for rewarding carers adequately in recognition of their essential contribution during the pandemic, which the Minister herself lauded.