Oral Answers to Questions

Brandon Lewis Excerpts

Monday 16th October 2017 Commons Chamber

[Hannah Bardell (Livingston) (SNP)]

2. What her policy is on the residency rights of EU nationals (a) during any transitional phase and (b) after the UK leaves the EU.

[The Minister for Immigration (Brandon Lewis)]

The Prime Minister was clear in her Florence speech in September that people will continue to be able to come to, and live and work in, the UK. There will be a registration system—an essential preparation for the new immigration system required to retake control of our borders—and we will be setting out initial proposals for the implementation period in due course, and for our new immigration system later in the year.

[Hannah Bardell]

I have encountered numerous cases where documents supplied to the Home Office by EU nationals have been misplaced or permanently lost. Does the Minister think it is fair or reasonable to expect people to endure the financial cost of replacing these documents for the Home Office? What assurances can he give that this issue will be addressed, especially given the chaos that is about to ensue as we leave the EU?

[Brandon Lewis]

We are clear that we want to work with our partners in Europe to have a smooth and good system for EU citizens here to go through as they gain settled status as part of the fair and very serious proposal we made, and I am confident that we will be able to deliver that in a simple and clean system for them. Obviously, if the hon. Lady has particular cases that she feels we need to look at, I encourage her to write to me and I will happily look at them.

[Several hon. Members rose—]

[Sir Edward Leigh (Gainsborough) (Con)]

There has been a lot of reportage and worry in this country about the number of EU nationals coming here perfectly legally. I am much more worried about what the Home Affairs Committee was told last week by David Wood, former head of immigration: there are 1 million illegals here, which the Home Office knows nothing about. Will the Minister’s Department focus on fast-tracking our friends and relations who are here legally from the EU so it can concentrate on the illegals?

[Brandon Lewis]

We are very much focused on dealing with people who are here illegally; that is what the compliant environment work is all about. Obviously our friends and partners and citizens from the EU are, under free movement, here entirely legally. I encourage them to remain, as we value what they do for our society and economy, and we will remain focused on dealing with the illegal immigrants, who should be in their home countries.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Scottish Government have said that they will meet the fee for settled status applications of EU citizens working in the public sector in Scotland, in order to keep vital workers in the NHS and other public services and to make it clear that we want them to stay because we welcome them. Will the United Kingdom Government match that promise—or, better still, waive the fee entirely?

[Brandon Lewis]

I appreciate the comment that the hon. and learned Lady has made, and will certainly feed that through. Obviously, we are in negotiations at the moment; when they end, we will know exactly what the system will be.

[Joanna Cherry]

Scotland does not want to lose the benefit of freedom of movement. Yesterday the Unison trade union said that immigration must be devolved to Scotland after Brexit or else there would be a population crisis. In saying that, Unison is joining with business in Scotland, including the Chambers of Commerce and the Institute of Directors, who have said that they want a separate deal for immigration in Scotland. With this wide support from civic society for the devolution of at least some immigration to Scotland, what will it take for the Minister’s Department to give these calls the serious consideration that they deserve?

[Brandon Lewis]

We have commissioned the Migration Advisory Committee, who are going to be looking at the impact of European workers on our economies. We are clear that we value their input both in society to our communities and to our economy. We want EU citizens to stay and will be encouraging them to do so, as the Prime Minister and Home Secretary have done on numerous occasions.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Minister will be aware that we cannot move on to trade talks with EU negotiators until we have resolved the questions of the Irish border, the financial settlement and EU citizens’ rights. When will Ministers accept that the Government’s current proposals on EU citizens’ rights post-Brexit fall short because, among other things, EU citizens will not have the same right to bring in family members that they currently enjoy?

[Brandon Lewis]

Negotiations are progressing well. We are clear that, as our offer outlines, when we leave the European Union we will ensure that European citizens in this country have the same rights as British citizens. I am just disappointed that the right hon. Lady is not as focused on the rights of British citizens, both here and abroad.

[Layla Moran (Oxford West and Abingdon) (LD)]

3. Whether her Department is taking steps to broaden the criteria under which refugee family reunions are permitted.

[The Minister for Immigration (Brandon Lewis)]

The family reunion policy allows immediate family members of those granted protection in the UK to reunite with them here. In addition, the family provisions in the immigration rules also provide for relatives with protection in the UK to sponsor children when there are serious and compelling circumstances. Our policy is clear: where an application fails under the rules, we consider whether there are exceptional reasons to grant leave outside the rules.

[Layla Moran]

As the Minister will be aware, a lone child refugee is currently unable to sponsor even their parents or siblings to join them in safety here. UNICEF and the Refugee Council have both said that the rules are too restrictive, and the Home Affairs Committee has called the situation “perverse”. Will the Government therefore support the Refugees (Family Reunion) Bill, introduced in the other place by my colleague Baroness Hamwee, and allow these vulnerable children a chance to have the loving upbringing that every child surely deserves?

[Brandon Lewis]

We are working with the UNHCR and with UNICEF on this issue, and we want to ensure that the application of these rules and this policy works in practice. I ask the hon. Lady to look again at the rules that I have outlined, because we can consider whether there are exceptional reasons to grant leave outside the rules.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister will know that it is around 12 months since the Calais jungle was cleared, and Britain did its bit through the Dublin and the Dubs schemes to take some unaccompanied child and teenage refugees. Will he confirm, however, that since then no further child or teenage refugees have come to this country under the Dubs scheme and, in particular, that there have been none from Italy or Greece? Will he accept that the Home Office has designed the scheme in a way that is too restrictive and that makes it too difficult for Italy and Greece to send children here, despite the fact that there are still 280 pledged local authority places that remain unfilled? Will he now agree to revise the scheme to ensure that those 280 places can be filled before Christmas?

[Brandon Lewis]

We are working with other countries, which have their own national sovereignty. I was in Italy and Greece over the summer to talk about these programmes, and we are working with the Greek and French authorities to ensure that more children can come over and that we fulfil our duty. Let us bear in mind that when we get to the 480, the United Kingdom will have done more than other European countries, and we should be proud of that.

[Charlie Elphicke (Dover) (Con)]

Will the Minister also look at the distribution of unaccompanied asylum-seeking children? About a quarter of the total are in Kent, but you won’t find many in the metropolitan borough of Wakefield.

[Brandon Lewis]

My hon. Friend makes a good point. His county council in Kent is doing some fantastic work, and there are councils around the country making offers to do similar work. It would be good to see more councils coming forward to do that work, and I will be speaking to the Local Government Association this week about that very issue.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

My private Member’s Bill, the Refugees (Family Reunion) (No. 2) Bill, will have its Second Reading on 16 March. It is important for families to be united, especially when they need to travel together. I have a 14-year-old constituent who was born and raised in the Hebrides. Unfortunately, her father has died and her mother has not been seen for about 12 years, as I am sure the Home Office knows. Crucially, the mother’s birth certificate cannot be found. The upshot is that the UK Government refuse to give my constituent a passport. She needs a status letter, please. It is beyond any doubt that this girl is a Hebridean Scot. In the words of the Home Office,

“On the balance of probabilities, the girl is a British national”.

Will the Home Office now give my constituent and her grandparents that status letter, so that she can get her passport? Anything less would create tremendous difficulties, as I am sure the Minister knows.

[Brandon Lewis]

I am aware of that case and saw the hon. Gentleman’s social media output over the weekend, so I will write to him with some details. When we issue passports, we have to ensure that we go through all the proper checks to make sure that we are doing things correctly. I make no excuses for that—it is obviously a matter of national security. However, I am looking into the case and will get back to him in the next couple of days.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

5. What steps her Department plans to take to reduce the incidence of moped and motorcycle-enabled crime.

--- Later in debate ---

[Chris Law (Dundee West) (SNP)]

8. What her policy is on the number of international students who are admitted to the UK.

[The Minister for Immigration (Brandon Lewis)]

The Government are working hard to continue to attract international students to study here in the UK. There is no limit on the number of genuine international students that educational institutions in the UK can recruit; nor do we intend to change that position.

[Chris Law]

I have the honour of representing in my constituency two universities, Abertay University and University of Dundee, with a large intake of international students. Does the Minister agree that the Government’s confused approach to international students, based on information, will damage Scotland’s reputation as a world-leading destination for study?

[Brandon Lewis]

The short answer is no. The hon. Gentleman might be a bit confused, because we have been clear all the way through that we want good, genuine international students here at good, genuine institutions. The Government should take great credit for shutting down bogus colleges, so that when students come here they know that they are going to a good, strong institution. They play an important part in our economy, and we encourage that to continue.

[Kevin Brennan (Cardiff West) (Lab)]

24. When international students come to the UK, what fees are they charged, and does the Department make a profit? The charge in a case of indefinite leave to remain is £2,297, but the cost to the Home Office is just £252. What kind of a racket is being run at the Home Office?

[Brandon Lewis]

I am happy to remind the hon. Gentleman that we set immigration and nationality fees at a level that ensures that the income received contributes towards the resources that are necessary for the wider border, immigration and nationality system, and in line with the charging powers approved by Parliament that are set out in the Immigration Act 2014, which he may have forgotten.

[Sir Vince Cable (Twickenham) (LD)]

What response have the Government given to the Government of India, who have made it clear that any post-Brexit trade deal is conditional on greatly expanding the number of student and other visas?

[Brandon Lewis]

Obviously, as I said in answer to the first question from the hon. Member for Dundee West (Chris Law), we continue to encourage international students to come here. It is good to see that universities in this country saw a 5% rise last year. That is good for the economy, good for universities and good for our society.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Minister knows that international students are different from other types of migrants. They are temporary; they make a vital economic and cultural contribution to our universities; they contribute billions of pounds to our economy; and public opinion correctly does not think of students as immigrants. When will Ministers listen to voices from all parts of the House and remove international students from the immigration total?

[Brandon Lewis]

I say gently to the right hon. Lady that the definition of net migration, which is decided by the UN, refers to people who have been in the country for 12 months or more, which university students obviously have if they are here for three years and using services here. Ultimately, though, the numbers are decided by the Office for National Statistics, which is an entirely independent organisation, and not by the Government.

[Mr Ben Bradshaw (Exeter) (Lab)]

10. What contingency (a) funding and (b) planning her Department has for new customs check-points and other border facilities in the event that negotiations with the EU do not result in a deal.

[The Minister for Immigration (Brandon Lewis)]

We are confident that a positive deal can be reached, but we are of course preparing for every outcome. Although we cannot comment on the detailed planning, Departments are working together across a range of complex issues to develop our future approach to the border, including for a possible no-deal scenario. Those options will be subject to the outcome of our negotiations with our partners in the EU.

[Mr Bradshaw]

The Minister’s former immigration director, David Wood, said last week that, with current resources, the challenge of Brexit “can’t be met”, and that is with a minimum two-year transition, let alone the chaos of a no-deal scenario. Given all the other demands on his budget that we have heard about today, is it not grossly irresponsible for some of his Cabinet colleagues to be running around talking up the prospects of a no deal, instead of being level with the public about any trade-offs that will inevitably result in a Brexit deal?

[Brandon Lewis]

I am optimistic that we will get a good deal both for the UK and for our partners in Europe, so that we can work together as forward-looking partners, but we are also actively monitoring work flows at the border to ensure that we have sufficient resources in place to meet demand. As my colleagues across the Government and in the Cabinet have said, it is absolutely right that we do plan for all eventualities.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister is, as always, a happy and optimistic chap, but, obviously, we must plan for a no-deal situation. The only thing that disturbed me was that the Government seem to want it kept in secret. Would it not be nice if it was shared with the whole House, so that British business and other people would know what a no-deal situation looked like?

[Brandon Lewis]

I appreciate my hon. Friend’s comments about my demeanour, and I will always try to remain optimistic and happy about the fact that we are focused on ensuring that we keep our borders secure and that we are ready for any outcome at the end of the negotiations.

[Gavin Robinson (Belfast East) (DUP)]

Can the Minister confirm that, lying outside the Schengen area as we do, we already practically and financially support the borders of the Irish Republic and that there are no plans for that to change?

[Brandon Lewis]

I can confirm that. As the Prime Minister has outlined, we are very determined to ensure that we continue with the common travel area as is in place across the country and with Ireland.

[Mary Creagh (Wakefield) (Lab)]

Watching the faces on the Front Bench, we see the sensible wing of the Conservative party too frightened, rightly, to say what a no-deal Brexit would look like. May I urge the Minister to talk to the “fun boy three”—the Foreign Secretary, the Secretary of State for Exiting the European Union and the Secretary of State for International Trade—and leave them in no doubt about the strength of feeling among Opposition Members of the need properly to prepare for all eventualities and to plan for a deal with our European colleagues?

[Brandon Lewis]

I am absolutely astonished that the hon. Lady has asked that question, bearing in mind that, over the weekend, it became clear that the Labour party is prepared to take a bad deal, or any deal, as opposed to a good deal. As the Prime Minister has outlined, it is absolutely right that we are optimistic and trying to achieve a deal that works for both the United Kingdom and our partners in Europe, but, at the same time, we must also do the job that we have been brought here to do, which is to prepare for all eventualities.

[Mr Speaker]

I am rather surprised that the hon. Lady remembers Fun Boy Three, as they came into great prominence long before her time.

--- Later in debate ---

[Jo Stevens (Cardiff Central) (Lab)]

12. What proportion of international students in the UK have been found to have overstayed their study visa.

[The Minister for Immigration (Brandon Lewis)]

Exit check analysis shows that 97% of students whose visas expired in 2016-17 were recorded as having left in time. That is good evidence that our reforms, from 2010 onwards, to tackle abuse in the education sector have worked.

[Jo Stevens]

If or, as seems likely, when Britain crashes out of the EU with no deal, what will happen at the point of exit to international students here on the Erasmus+ programme, many of whom are in my constituency of Cardiff Central?

[Brandon Lewis]

As I said earlier, there is no limit on the number of students. I am not going to predict the outcome post our negotiations but, as I have said to other colleagues, we are working to get a good deal for the United Kingdom and our partners in Europe.

[Afzal Khan (Manchester, Gorton) (Lab)]

Applications for international students and other immigration applications cost hundreds of pounds, and errors are common. When the Home Office makes such errors, it puts constituents and citizens in unnecessary distress, but there are no consequences for the Department getting critical decisions wrong time and again. Will the Minister explain where the profits from visa and other visa-related applications are going and how much of the fees received pay for these services? What will he do to improve such a terrible service?

[Mr Speaker]

That was an extremely scholarly academic inquiry to which an extremely pithy response is required—not beyond the competence of a graduate of the University of Buckingham in my constituency, I feel sure.

[Brandon Lewis]

I will do my best to rise to the challenge, Mr Speaker. As I said earlier, the immigration system’s visas and charges are as per the Immigration Act 2014. I would challenge the hon. Member for Manchester, Gorton (Afzal Khan) a little bit because no one has come to me about mistakes in how we deal with student visas. We are encouraging students from all over the world to come here.

[Wendy Morton (Aldridge-Brownhills) (Con)]

13. What steps she is taking to safeguard vulnerable people from online radicalisation.

--- Later in debate ---

[Daniel Zeichner (Cambridge) (Lab)]

16. What recent assessment her Department has made of the performance of UK Visas and Immigration.

[The Minister for Immigration (Brandon Lewis)]

The Home Office deals with millions of visa, citizenship, passport and immigration status applications each year. In the past year, UKVI has received more than 3.5 million applications, and more than 98.5% of major application routes, including for non-settlement, EU applications and asylum, have all been decided within their service standards. Some 99% of straightforward non-settlement applications were processed within 15 days last year.

[Daniel Zeichner]

I have a number of constituents who have family members who have applied for visas, submitted their passports and then endured very long delays—in some cases of many months—without their passports, so in effect they are trapped, unable to travel. What is UKVI going to do about those cases?

[Brandon Lewis]

Reviewing identity documents such as passports as part of an application is obviously an important part of maintaining a robust immigration system. Travel documents are retained for the duration of the decision-making process, but if the applicant wishes to travel while the application is being considered, dependent on the route through which they have applied, we will of course return their passport to them. If the applicant needs a passport for ID purposes, we can send certified copies that they are able to use.

[John Mann (Bassetlaw) (Lab)]

T1. If she will make a statement on her departmental responsibilities.

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[Robert Courts (Witney) (Con)]

T9. While I am optimistic that the Government’s negotiation will in due course produce a wide-ranging deal with the EU, in the event of no deal, what thought has the Home Secretary given to ensuring the free flow of people, where desired, across borders, but also controlling them for the purposes of security?

[The Minister for Immigration (Brandon Lewis)]

My hon. Friend makes a good point. As I outlined earlier, we are preparing for all eventualities. We have published our offer for EU citizens. We will publish a White Paper later this year outlining our views about a future immigration system. We have also been very clear, in terms of citizens and flow, that we do not want to have a cliff edge. We want to make sure that businesses and the economy across this country can continue to access the labour they need as we move to a new immigration system.

[Dan Carden (Liverpool, Walton) (Lab)]

T3. The Mountain of Fire and Miracles Ministries, a church in my constituency, was recently exposed by the Liverpool Echo as overseeing what can only be described as disturbing and dangerous gay cure therapies, which involve rituals and starvation as a cure for homosexuality. What assessment has the Minister made of such therapies to in relation to LGBT hate crime? Will she take forward previous efforts to have an outright ban on such therapies, which have no place in 21st-century Britain?

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[Catherine West (Hornsey and Wood Green) (Lab)]

T5. A recent High Court ruling found that asylum seekers who had suffered torture had been detained unlawfully. Can the Secretary of State please provide to the House the date on which those individuals who were wrongfully detained will be freed?

[Brandon Lewis]

I am happy to write to the hon. Lady. We are going through the judgment from the High Court, which did outline that the policy, in itself, is potentially okay. I am happy to come back to her with some details on that in due course.

[Anna Soubry (Broxtowe) (Con)]

Nottinghamshire police force has decided, without any consultation and with hardly any notice—literally, a note under the clerk’s door—to end community policing in Kimberley and Nuthall in my constituency. I do not expect the Minister to comment on the merits of the decision, but does he agree that in community policing, it is really important to work with and communicate with communities?

[Patrick Grady (Glasgow North) (SNP)]

T7. What is the point of visa priority services if they do not actually provide any kind of priority? Will the Home Secretary reply to the letter I sent her in August containing several examples of constituents paying through the nose for priority tier 2 or settlement visas but waiting far longer than the promised 10 to 15 days for any kind of response?

[Brandon Lewis]

We do have a priority system, and I outlined earlier the high levels of success we have in dealing with applications in the timeframes set out in our service level agreements. Obviously, some cases have complexities to them, which means that they will take longer, and we let individual applicants know that.

[Paul Scully (Sutton and Cheam) (Con)]

The Crown Prosecution Service report on violence against women and girls, which was published last week, demonstrated that real progress has been made in encouraging victims to report their crimes, and in improving the number of perpetrators who are prosecuted and convicted. But we know that many survivors do not involve the police. Women’s Aid found that only half of women in refuges report crimes against them, and only one in five women had seen a criminal case or sanctions against a perpetrator. Can my hon. Friend assure me that the welcome new domestic violence and abuse Bill will not only focus on the criminal justice system but deliver the progress that survivors need across all areas of Government, including housing, health and support for their children?

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[Jo Stevens (Cardiff Central) (Lab)]

T10. This month, Amnesty International accused the Government of breaching international law on account of the increasing number of asylum seekers, including unaccompanied children in particular, being deported to Afghanistan. Last year was the deadliest year on record for civilians there; this year, over 5,000 people have already been killed. Will the Minister commit to changing current Home Office guidance, which states that returning young people to Kabul is considered “reasonable”?

[Brandon Lewis]

We obviously keep all routes of return under review at all times to ensure that when we return people, on the basis of the evidence in the cases before us, we are doing the right thing for those people as well as for the United Kingdom. We will continue to do that, with the best interests of those individuals at heart.

[Tom Pursglove (Corby) (Con)]

The Minister is currently considering an application to bring together fire and policing functions in Northamptonshire, and I commend that to him in the strongest possible terms. What benefit does he see that sort of amalgamation bringing to the delivery of emergency services on the ground?

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[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Another day, another awful story of a family split apart by the Government’s draconian family visa rules, this time the Newton family. When will the Home Secretary scrap the ludicrous income threshold and the other unwarranted requirements for spouse and partner visas?

[Brandon Lewis]

There are no plans to change the current situation whereby people need to be able to show that they can support those they bring into the country. People have to go through a full process, and that is absolutely right to ensure that we have a strong and clear immigration system.