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

Baroness Ritchie of Downpatrick Excerpts

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

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, this Bill brings me great sadness. It embeds and promotes a Brexit that has all the hallmarks of a disaster for the people of the United Kingdom, which, I will remind the House, the people of Northern Ireland did not vote for. This legislation ends the free movement of citizens of the EU, the EEA and Switzerland into the UK. At a stroke, that diminishes the UK, breaks family ties, damages our economy, creates huge obstacles for employers and degrades international research, co-operation and understanding. Frankly, it is a powerful demonstration of how common sense within the British Government has finally slipped its moorings. It makes aliens of European citizens, with whom we have shared common bonds for many years. For me, that is a tragedy, and I do not believe it is what people voted for in the referendum of 2016.

I have particular concerns about specific parts of this Bill that go beyond the obvious risk of creating another Windrush disaster. That would once again show that there are times when the UK’s callousness is matched only by its incompetence. The ending of freedom of movement will cause severe disruption to UK citizens living in the EU, an issue that has already been referred to by other noble Lords. It will also make European nationals coming here potentially subject to the full force of our harsh and often disproportionate immigration detention procedures. I would like the Minister to outline how the Government intend to address these deficiencies.

I note that the opportunity to regularise the position of Irish citizens in Northern Ireland, who do not also hold UK nationality, has not been taken in this Bill, despite the safeguards of the common travel area. This potentially leads these citizens open to deportation. The Good Friday agreement guarantees their rights under the Northern Ireland Act 1998, and it is time for the Government to fulfil their obligations here. I call on the Minister to address this particular issue and how the Government intend to remedy this gap in the common travel area provisions.

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

Baroness Ritchie of Downpatrick Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

It is not clear why the opportunity to incorporate these greater protections into law has not been taken. The Government did take steps to remove Irish citizens from the automatic deportation regime under—I believe—the 2019 regulations, but they have not done so for the rest of the regime; that is incorporated in law. Indeed, Clause 2(2) as currently written in the Bill has the effect of weakening the legal protections for Irish citizens because it fails to put in place a replacement for the safety net that EU law offers on deportation. It is necessary to amend Clause 2 to make sure that the protections against unfair, unjustified deportation are written into statute and not left to ministerial powers.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I am delighted to support Amendments 8 and 58. On Amendment 58, I speak as a person who holds Irish nationality but lives in the United Kingdom. For me, the purpose of this amendment is to oblige Ministers to provide a report that draws on the scope of the common travel area-associated rights, cross referencing and contrasting these with the rights under the EU settled status scheme. This would allow Irish citizens to make informed decisions on securing their rights after the end of the transition period. As a result of an amendment in Committee in the other place, information was received on the issue of deportation and the Government confirmed that the one advantage to an Irish citizen of applying to the EU settlement scheme is the right to a family reunion. The Government had not made that clear beforehand.

Clause 2 will establish a stand-alone right for Irish citizens to enter and reside in the UK. However, under the Good Friday agreement citizenship provisions, the people of Northern Ireland have birth-right entitlements to be British or Irish, or both, and to equality of treatment regardless of that choice. In practice, the legal underpinning of equality of treatment for British and Irish citizens in Northern Ireland on matters such as entry, residence, work and social protection, and so on, has been provided almost entirely by EU free movement law. After Brexit, the people of Northern Ireland who are Irish citizens, including dual British-Irish citizens, will retain EU citizenship, but the only route to retain access to such EU free movement rights is through the EU settled status scheme. This is the domestic route for EU citizens and their family members in the UK prior to Brexit to retain EU rights and benefits under part 2 of the withdrawal agreement, which are usually retained for life.

I understand that the Government’s position is that Irish citizens do not need to apply for the EU settled status scheme, but may wish to do so. The reasoning behind the Government’s position that Irish citizens do not need to apply for settled status is that Irish citizens can still rely on the associated reciprocal rights of the UK-Ireland common travel area. However, at the time of the referendum, reciprocal rights of the CTA barely existed at all in UK law across key areas and thus a non-binding memorandum of understanding has been entered into since. With the exception of social security, CTA provision remains vague. In the words of the Human Rights Commission report, it is “written in sand”, as the noble Baroness, Lady Ludford, already referred to, and it

“can be characterised by loose administrative arrangements or provisions that can be altered at any time.”

While the clock ticks on the closing of the opportunity to apply to retain EU free movement rights under this settled status scheme, it is not possible for Irish citizens at present to make an informed choice because it is unclear ultimately what the associated CTA rights will cover and whether they will be enshrined in a legally binding manner.

The Home Office also initially debarred all people of Northern Ireland from applying for settled status, further to a policy position adopted in 2012 to treat all persons born in Northern Ireland as British. The decision was adopted to impede the exercise of EU rights by Irish citizens in Northern Ireland to be joined by non-EU family members. That position was challenged by the Emma and Jake DeSouza case, and the Home Office recently announced a policy change which will allow certain amendments in that area. It will also allow open access to relevant persons from Northern Ireland through the settlement scheme. Therefore, the purpose of this amendment is to oblige Ministers to provide a report that draws out the scope of the CTA associated rights, cross referencing and contrasting them with the rights under the EU settlement scheme.

In conclusion, I have two questions for the Minister. First, given that the opinion of both human rights commissions on the island of Ireland is that the rights of the common travel area are written in sand, what do the Government intend to do to enshrine those rights and ensure that they can be used to obtain legal redress? Secondly, in the absence of a report from the Government that contrasts the scope of the CTA rights with the rights provided for under settled status, do the Government accept that Irish citizens are left with little information to enable them to determine whether they wish to apply for settled status? I look forward to answers from the Minister in your Lordships’ House this evening.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, there are two amendments in this group: Amendments 8 and 58. Amendment 58 is proposed by myself, the noble Baroness, Lady Ritchie of Downpatrick, and my noble friend Lord Rosser. The purpose of this amendment is clear and was ably illustrated by the noble Baroness, Lady Ritchie, a moment ago.

We often discuss matters around Ireland and Irish citizens, and I am always conscious that the noble Baroness, Lady Williams of Trafford, who is first-generation Irish, usually speaks for the Government, and I, who am second-generation Irish, respond for the Opposition. In addition, if you look at the number of people connected to Ireland around the House or in the other place, it sets out the great contribution that Irish people have made to this country and the great links we have there, whether in the Republic, Northern Ireland or elsewhere. Those links have done wonders for both our countries, and we must always ensure that we underpin that so the strength grows. My own parents lived in the UK for many years and have now retired back in the Republic. Amendment 58 seeks to add clarity to the situation for citizens that could be affected, which is always important when it comes to people’s rights. People could lose their rights, so clarity is important.

The Bill as it stands ends EU free movement and establishes a stand-alone right for Irish citizens to enter and reside in the UK. As noble Lords have heard, under the Good Friday agreement citizen provisions people in Northern Ireland have a birth-right entitlement to be either British or Irish or both. Equality of treatment is regardless of that choice, which is a very important underpinning. Nothing must be allowed to unpick that. The Government’s position is that Irish citizens do not need to apply to the EU settled status scheme; they can rely on the associated reciprocal rights of the common travel area, but they can apply if they wish. We have heard talk about the common travel area’s rights being written in sand. It is fair to say that we need clarity here, and that is the purpose of this amendment.

The amendment seeks that, within 30 days of the Bill becoming an Act, the Secretary of State must publish a report setting out in detail the rights of citizens under the common travel area, EU rights and benefits under the EU settlement scheme, and then delineate between the two so that we know exactly where we stand. This is necessary due to the inconsistency of the Government on a whole range of policy areas. Let us be clear: matters can be changed, clarified, replaced, restored, reversed, revisited, substituted, switched, U-turned and varied with such speed that, even when the Prime Minister was on his feet in the other place, the latest Government U-turn was under way. To expect people to rely on what the Government announce is not credible. We need this amendment on the face of the Bill, and we need the Secretary of State to produce the report.

Amendment 8, in the names of the noble Baronesses, Lady Hamwee, Lady Ludford and Lady Bennett of Manor Castle, seeks to put the protections enjoyed by our citizens on the face of the Bill. If the Government are not prepared to accept that amendment, can the noble Baroness set out how the rights as expressed in Amendment 8 will be protected and guaranteed by the Government?

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

Baroness Ritchie of Downpatrick Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I support Amendment 3, in the name of the noble Lord, Lord Rosser. He, like others, made a very comprehensive speech in defence of the arguments for the maintenance of the social care sector. If we as human beings applauded, as we did earlier this year, this sector, which is central in our fight against Covid-19, then the Government and all of us acting together in Parliament should show due recognition of it and support this amendment. It would allow a report to be carried out within six months of the Bill being passed showing the impact of the ending of free movement and the non-accessibility of visas for care workers on that sector and on our healthcare system.

I have had many letters from those involved in the caring profession, who want us to support this amendment. It is vital and is supported by the British Medical Association and the Royal College of Nursing. At Second Reading, I said that this legislation ends the free movement of citizens from the EU, the EEA and Switzerland to the UK. Many in our social care sector come from those countries. They provide an invaluable service with care, compassion, hard work and diligence to a large range of people who are deeply unwell. That work has become particularly acute during our ongoing Covid crisis. At a stroke, the decision to end free movement diminishes the UK. Not only does it break family ties and damage our economy but it creates huge obstacles for employers and degrades international research, co-operation and understanding. It also derails our social care sector.

Social care is already under pressure not only because of Covid but because of rising waiting lists for health and medical care in the health service. If people are not allowed to remain and are no longer employed in the National Health Service, which we cherish, that will place it under a tremendous burden. We should try to remove that burden, so I make a special plea to the Minister to accept the amendment and ensure that a report is made available within six months of the passing of this legislation. Perhaps for the first time, we will be able to see, in statistical data, the contribution made by these people and by our social care sector, as well as the deficits in the sector where the Government need to plug the holes.

If the noble Lord, Lord Rosser, who I believe is already of this mind, decides to push the amendment to a Division, I will support him.

[Baroness Masham of Ilton (CB) [V]]

My Lords, in supporting Amendment 3, I congratulate the movers. However, I hope that the Government will realise that we are now in a social care crisis and that we should face up to the challenges now. There is a serious shortage of live-in carers to help disabled people, due to the combination of coronavirus and Brexit. Good social care takes the pressure off the NHS.

Many elderly and disabled people are at serious risk because they have had their benefits cut. Coupled with shrinking local authority budgets, the workforce is under pressure exactly when it is needed most. Also, the vast proportion of migrant employees in social care will be ineligible to work in the UK ,as most care workers’ earnings do not meet the threshold for the new skilled visa, as has been mentioned several times.

I wish Amendment 3 good luck.

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

Baroness Ritchie of Downpatrick Excerpts

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

[The Lord Bishop of Southwark]

My Lords, I too wish to speak in favour of the amendment, tabled by the noble Lord, Lord Oates, together with the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride, to whom I express gratitude for their skilful drafting.

I am still asked to provide evidence of my identity by means of a driving licence or a passport, or, upon entering the parliamentary estate, a parliamentary pass. The stated aim of the Government to confer settled and pre-settled status solely by digital means as a prelude to all immigration status being signified in this way is as curious as it is alarming. I say “curious” because it demonstrates a capacity for technological solutions from a department whose record in achieving them is mixed at best, and because it is being delivered to a House unable until today to vote by electronic means on its last slew of amendments. I hope that the Minister will take note of how heavily the Government have been defeated on each and every vote today. They are likely to be defeated again if the amendment comes to a vote, as it is another amendment that is not at all political and commends itself to common sense and human decency.

The Home Office was due to implement an electronic border system by 2011 for monitoring passenger data. This was put back to 2019, and I understand that the contract was terminated at one point. The Minister might advise us on how the system is going.

Last year, the Public Accounts Committee, reporting on matters to do with the Windrush scandal, picked up on its own prior concerns about the handling of electronic data at the department. It further mentioned that the Independent Chief Inspector of Borders and Immigration found that the department had wrongly identified some people as disqualified from having a driving licence or a bank account, but the department rejected the recommendation to cleanse its disqualified persons list of people who should not be on it, which is again curious.

I cannot be the only Member of your Lordships’ House whose email inbox has been inundated with the pleas of EU citizens and their spouses on this amendment—in fact, I know from this debate that I am not. We have to ask why this is the case. Why this particular amendment? As has been noted, Australia took 19 years to migrate one category to a digital status only. What of the inevitable inaccuracies of such a screen? What of when the system goes down, as it most assuredly will? What of those who do not remember the email address with which they registered? What of those, especially the elderly and perhaps more vulnerable, who might have relied on a neighbour or a charity who used an email address unknown to them? Such a person is trusted with a library card but not with something tangible—something that fits into a wallet or purse and identifies them more easily than the frailty of any app is yet able to do. Indeed, it is curious—my favourite word this evening—that we should go out of our way to make the lives of others so difficult. There is simply no need to do this and we should not do it.

In designing a system for administrative convenience rather than accommodating the realities of daily human life, we risk visiting unnecessary and avoidable difficulties on many of our fellow citizens. That is why I support the amendment and hope that the Minister will accept it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the right reverend Prelate the Bishop of Southwark. I fully commend and support the amendment for EU settled status, in the names of the noble Lords, Lord Oates, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride. This is a very moderate amendment, as the noble Lords who spoke before me clearly stated, and it makes a very simple request to which I hope the Minister will be able to accede.

By way of explanation, I will quote from a letter I have received. As noble Lords have stated, we have all received letters and emails from people throughout the UK who are EEA citizens and deeply concerned about this. It states:

“For some reason the Home Office is only giving EU nationals a digital status, which is a source of great anxiety to EU citizens that I know. Given how important it will become to prove your right to reside in the UK after Brexit, it is puzzling why the Home Office is only giving EU nationals a digital status rather than being able to present a plastic residence card with their photo and biometrics in it. They have to request employers and landlords to access a Home Office database by providing a code.”


As we have seen in your Lordships’ House, digitisation can work very well the majority of times, but there are times when it does not work at a satisfactory level. If that happens in this case, with people applying for settled status, it could cause anxiety if they cannot gain access. It will cause them considerable levels of worry. I therefore urge the Minister to give careful consideration to this well thought-out amendment and to remember that such a biometric card should be made available if it is so required.