Immigration Control

Caroline Nokes Excerpts

Thursday 6th September 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

At the outset, I want to congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this important debate. Listening to his impassioned, articulate and thoughtful contribution, one is perhaps also obliged to extend him sincere congratulations on his award last night as GQ’s politician of the year at its men of the year awards. Listening to his description of Alberta’s story, one can but be convinced that the award was justly deserved.

The right hon. Gentleman is of course right to point out that people from all over the world have come to the UK and helped to make this country what it is today. We welcome their contribution and the fact that Britain is one of the best countries in the world to come and live in. That is why we need a fair immigration system under which people can come here, be welcomed and become part of our communities, and a fair system that treats people with decency and respect.

That is why this Government are taking action and will continue to do so. We are fighting modern slavery to stop people being trafficked here and stripped of their freedom by slave drivers. We have changed the law to stop children being routinely detained in the immigration system. In 2009, over 1,100 children entered detention, and last year only 44 were held for a very brief period. We have set up a scheme to resettle 20,000 people fleeing Syria so that the most vulnerable, such as disabled people and torture victims, get refuge, not just those fit enough to travel here alone. We are also working to put right the wrongs done to the Windrush generation.

However, we also need to have a controlled system, because Britain is one of the best countries in the world to live in and many people want to come here. We need a controlled system under which the rules that make that possible are followed. That is what the Government are building, and it is what the public expect. When people break the rules and try to play the system, it is unfair, and the people it is most unfair to are those who have come here and played by the rules. That is why we have broken up the UK Border Agency to make the system more effective, reintroduced exit checks and toughened the penalties for people employing illegal workers. Migration benefits the UK, but that system has to be underpinned by rules.

I remain absolutely committed to improving the border, immigration and citizenship system. As hon. Members will recall, the system was labelled “not fit for purpose” by a former Labour Home Secretary. I have listed some examples of the progress made since 2010, but I absolutely recognise that there is more to do. That is why we are listening to Members in both Houses, to those using the system, to partners and to independent advice. I really welcome the constructive engagement I have had with members of Her Majesty’s Opposition. I have sought to keep my door open to colleagues from across the House, and while there has certainly been a great deal of challenge, there has also been much positivity and many constructive suggestions of ways in which we can work together to make the system better.

As I have said, the Government have made a strong commitment to learn the lessons from the wrongs experienced by the Windrush generation. On 19 July, the Home Office published the terms of reference for the Windrush lessons learned review. The review will have independent oversight by Wendy Williams, who I know the right hon. Gentleman has already met, and it will aim to publish its report by the end of March 2019.

However, we are not waiting for that review to take action to improve the system. The review is part of a whole series of examples of independent scrutiny bodies that the Government are working with or have commissioned. For example, we have commissioned the Migration Advisory Committee for advice on a migration system for European economic area nationals following our exit from the European Union, and asked it to conduct a full review of the shortage occupation list. The independent chief inspector of borders and immigration continues to scrutinise the border, immigration and citizenship system.

We are not only implementing the recommendations from Stephen Shaw’s review of detention, but, as my right hon. Friend the Home Secretary set out in July, going further and undertaking a series of improvements. As part of our response to Shaw, the Government will explore alternatives to detention with faith groups, non-governmental organisations and communities. As a first step, we intend to pilot a scheme to manage in the community vulnerable women who would otherwise have been detained at Yarl’s Wood immigration removal centre. Home Office officials have been working with the United Nations High Commissioner for Refugees to develop that pilot, which will mean that rather than receiving support and care in an immigration removal centre, the women will get a programme of support and care in the community.

We will review the adults at risk policy, ensuring that the most vulnerable and complex cases get the attention they need. We will look again at how consideration of rule 35 reports on possible cases of torture can be improved, while avoiding abuse of the processes. We will pilot an additional bail referral at the two-month point and increase the size and scope of the detention gatekeeper function. For now, the policy is one of senior civil servant sign-off for detention decisions, and we will strengthen links with pre-departure teams by putting additional Home Office people in removal centres to increase face-to-face engagement with detainees and resolve possible problems with detention.

We will commission the independent chief inspector of borders and immigration to report each year on whether and how the adults at risk policy is making a difference. We will pilot the use of Skype so that detainees can contact their families overseas and in the UK. My right hon. Friend the Home Secretary has asked officials to review how time limits work in other countries, and how they relate to other protections in their detention systems, so as to have a better-informed debate based on what works to tackle illegal migration and what is humane for those detained. Once that is complete we will consider further the issue of time-limited detention.

I point out to the right hon. Member for Tottenham that the Government currently manage 95% of those in the removal pool in the community, and of those in immigration removal centres, 63% leave within 28 days and more than 90% within four months. He mentioned the debate held earlier this week in Westminster Hall, which was initiated by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), in which we discussed immigration fees. Of course we keep all Home Office fees under regular review, and when setting immigration and nationality fees, which are approved by Parliament in line with the Immigration Act 2014, we take into account the wider costs involved in running our border, immigration and citizenship system, so that those who directly benefit from it contribute to its funding. That reduces the burden on UK taxpayers.

I am carefully considering points made during a recent debate in the Lords on child citizenship fees, and in other debates held this week, and in due course I will take account of the findings of the imminent review by the independent chief inspector of borders and immigration. It is important that we have a fair charging policy that considers a customer’s circumstances and requirements and supports the effective operation of our immigration system. We will continue to set fees that take into account the benefits accruing from a successful application, for example across the labour market.

Now more than ever, we are listening to independent advice, developing policy that is rooted in evidence and taking feedback from customers to ensure that we continue to have a world-leading border, immigration and citizenship system, and that those subject to immigration control are provided with the appropriate service. The right hon. Member for Tottenham and others are right to bring matters to my attention, but I remind the House of the scale of the immigration system. Thousands of decisions are made every day, and the overwhelming majority are completed within published service standards and enable people to visit the UK, study or work here, or rebuild their lives.

UK Visas and Immigration offices make more than 3 million decisions a year, and the Border Force enables 250 million people to cross our border while keeping our country safe and secure. Immigration Enforcement ensures that 95% of individuals who require leave to remain, but do not have it because they have overstayed their visa or are not eligible to have it extended, are managed in the community and receive guidance on departure.

I am not complacent, but I list those achievements because they are not insignificant. For every case in which I have conceded that the system could have done better, and must do better in future, there are thousands more people who are satisfied with their experience of the immigration system. I am proud of the hard work and dedication of officials in the Home Office, and their integrity will always be our first line of assurance. The treatment of the Windrush generation has been unacceptable and we will put it right. Britain is one of the best places in the world to come and live, and I want it to stay that way.

In conclusion, I welcome the offer made by the right hon. Gentleman and many of his colleagues from across the House to work on a cross-party basis to ensure that our future systems are the best they can possibly be.

Question put and agreed to.

Windrush

Caroline Nokes Excerpts

Tuesday 4th September 2018 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the Government’s policy on Windrush.

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to be back, Mr Speaker.

The Home Secretary has been very clear both that the Government deeply regret what has happened over decades to some of the Windrush generation and that we are determined to put it right. The Home Secretary laid a written statement in the House on 24 May to establish the Windrush scheme, which ensures that members of the Windrush generation, their children born in the UK and those who arrived in the UK as minors and others who have been in the United Kingdom for a long period of time will be able to obtain the documents to confirm their status and, in appropriate cases, obtain British citizenship free of charge.

The last update on our historical review of removals and detentions was presented to the Home Affairs Committee on 21 August. The Home Secretary has written to apologise in the case of 18 people whom we have identified are most likely to have suffered detriment as a result of Government action. To the end of July, 2,272 people have been helped by the taskforce to get the documentation they need to prove their existing right to be in the UK under the initial arrangements put in place prior to the establishment of the Windrush scheme, and 1,465 people have also been granted citizenship or documentation to prove their status under the formal Windrush scheme. The taskforce is also working to help eligible individuals return to the UK.

The Home Secretary has announced a compensation scheme for those who have been affected as a result of not being able to demonstrate their status. The public consultation for that scheme was launched on 19 July and will run to 11 October. The Home Office is using a range of channels to engage with those who have been affected and to encourage people to respond to the consultation. We will announce details of the final scheme and how to apply as soon as possible after the consultation has ended.

Finally, the Home Secretary has commissioned a lessons learned review, to identify how members of the Windrush generation came to be entangled in measures designed for illegal immigrants. He has been clear that the lessons learned review requires independent oversight and scrutiny and has appointed Wendy Williams as independent adviser to the review. I know that, across the House, we are united in our determination to deal with the problems faced by people of the Windrush generation. I therefore hope we can take a cross-party approach which recognises that the most important thing we can do is ensure the wrongs that some have faced are put right.

[Ms Abbott]

Thank you for granting this urgent question, Mr Speaker.

Ministers might have thought that they had drawn a line under the Windrush scandal, but it continues to throw up new horrors. This summer I was in the Caribbean, and Ministers should not underestimate the concern that the Windrush issue has caused throughout the Commonwealth. We are preparing to leave the EU. At a time when we should be strengthening our trading links with Commonwealth partners in Africa, the Caribbean and south Asia, are Ministers aware of how much damage the Windrush scandal has caused?

Now we have learnt that three citizens have died in Jamaica after having been wrongfully deported from this country. This is something that ought to shame Ministers. Worse, we did not learn this from our own Government. This intelligence comes from Her Excellency the Foreign Minister for Jamaica, Kamina Johnson-Smith. Left to this Government’s own devices, we might never have learnt of those deaths.

The Government have been dilatory in fulfilling their repeated verbal commitments to find out who the victims are of this scandal and what they will do to correct it. Instead, we have the Home Secretary making an apology to just 18 of the victims identified who have been wrongly detained or deported. This is despite the fact that the Government themselves have identified 164 such victims. Were any of the three victims now deceased who have been identified by Jamaican Ministers included in the Government’s list of 164? If they were, what was done to try to remedy the situation before the deaths? If not, we are entitled to believe that the Government’s list of 164 is of little value, with gaping holes in its information.

The Home Secretary’s apology to the 18 is welcome. A sincere apology is long overdue, but why only these 18, when the Government have identified many, many more cases? What is the basis of the apology? Does it include an assurance to address the hardship being caused here and now, or will the 18 have to wait like everyone else until the Government finalise their compensation scheme?

We learned from newspaper reports that the Government are losing the majority of their appeals in immigration cases. They are still trying to deport thousands of people who are entitled to be here. The Windrush scandal lives, even while some of its victims have died. This scandal is due to the Government’s hostile environment policy, which is supported by the entire Government, including the Home Secretary, who has tried to rebrand it. Ministers need to abandon the hostile environment policy. Unless and until they do, the reek of the Windrush scandal will forever be associated with the Home Secretary and this Government, not just here in Britain but throughout the Commonwealth.

[Caroline Nokes]

I was delighted to hear the right hon. Lady refer to the importance of reaching out to different parts of the world in a post-Brexit scenario. She will be aware, as I am, of the work the Prime Minister has done in Africa over the past few weeks. I agree that it is important that we foster relations right around the globe, which is why we have been extremely proactive in working with high commissioners across the Caribbean to make sure that the 164 people identified so far as part of our review are proactively contacted and that we can, as I said earlier, put right the wrongs that have been done to the Windrush generation.

The former Home Secretary and the current Home Secretary have been clear in their apologies to the Windrush generation, and those have been sincere and heartfelt. However, I would point out to the right hon. Lady that there have been policies under successive Governments to make sure that those who have the right to be here are able to access benefits, employment and services, but those who do not are correctly identified by a series of compliant-environment policies. The right hon. Lady speaks as if those policies were begun by this Government, but in fact right-to-work checks commenced in 1997, controls on benefits in 1999, controls on social care in 2002, and civil penalties for employers of illegal workers in 2008.

It is notable, as I said right at the beginning of my statement, that people from the Windrush generation who have had wrong done to them, for which we have apologised and will continue to apologise, have been affected over decades. The right hon. Lady might like to reflect that, of the 164 individuals identified so far by the review, in the region of half were impacted prior to 2010.

[Sir Hugo Swire (East Devon) (Con)]

For how much longer are the Government going to refuse to publish the unredacted report by Sir Alex Allan on the whole Windrush situation?

[Caroline Nokes]

The Government have of course commissioned the lessons learned review, and the permanent secretary in the Home Office commissioned Alex Allan to conduct that review. It is important that we focus very much in this regard on making sure that we put right the wrongs for those who are part of the Windrush generation, but also that we work proactively with the Home Affairs Committee to make sure that these mistakes do not happen again.

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

I commend the right hon. Lady, the shadow Home Secretary, for securing this urgent question on such an important issue.

Over the summer we have learned that wrongly deported Windrush generation citizens died before they could be repatriated. We have learned that the private firm responsible for removing Windrush citizens operated on the basis of incentives for exceeding its removal targets. We have also learned that the Home Office may be withholding crucial evidence from the Joint Committee on Human Rights inquiry into the wrongful detentions and deportations. Does the Minister regret any of those matters, and can she tell us why the Home Secretary and the Prime Minister are still refusing to make a full and proper apology to all the victims of this appalling episode?

When will the Home Secretary respond to calls from the Scottish National party and others, which we have heard today, for a full and proper revisiting of the hostile environment policy, which led to this scandal and which may yet lead to others?

[Caroline Nokes]

The Government’s compliant-environment policies, which were, of course, started under the previous Labour Administration, are an important part of our ability to make sure that those who have the right to be here and are entitled to goods, services and benefits can be correctly identified, and, equally, that those who are here illegally can also be identified. This Government do not intend to remove our compliant-environment policies; we believe that they provide an important part of our suite to address illegal immigration. The hon. and learned Lady referred to the private company that had a contract to enable those who had no right to be here to accept voluntary returns. It played no part in decision making and, of course, that contract was ended in 2016.

[Mr Philip Hollobone (Kettering) (Con)]

May I congratulate my right hon. Friend on the way in which she personally is getting to grips with this important issue? I believe she said that 2,272 individuals have had their documentation sorted. What is the total number of applications to the helpline to date, and what is her estimate of the likely number of applications before this whole sorry episode is brought to a successful conclusion?

[Caroline Nokes]

My hon. Friend is right to point out that many thousands of people have received their documentation. We should be pleased that that has occurred, and in the vast majority of cases it has occurred very swiftly after they have provided details to the taskforce. That is crucial, so that they can access the benefits and services to which they are entitled. The taskforce has received well in excess of 8,000 calls, but only a proportion of them will be part of the Windrush scheme, and there is very careful triaging so that people receive calls back and the correct information is identified at that time.

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

We will publish today the Home Office’s response to our Select Committee’s Windrush report. The response rejects our cross-party recommendation to reinstate immigration appeals. Does not the Minister recognise that, in Windrush cases, people lost their homes, their residency and citizenship rights, their healthcare rights and their jobs because the Home Office got decisions wrong and there was no right of appeal and no independent checks and balances? Does she not recognise that, if we are to have any chance of preventing Windrush injustices from happening again, there needs to be the restoration of immigration appeal rights?

[Caroline Nokes]

I thank the right hon. Lady for her question. The Windrush taskforce and the review processes that are commencing and, indeed, will be ongoing for a considerable time show that, yes, absolutely, mistakes were made over a long period, for which this Government have apologised and continue to apologise, because we are very sorry for those to whom wrong was done. It is absolutely imperative that we learn those lessons, which is why Wendy Williams has been commissioned for the independent review, and that we make sure that we take account of the recommendations that come forward from that review and make appropriate changes.

[Vicky Ford (Chelmsford) (Con)]

May I thank the Minister for the rapid way in which her Department has helped to assist a constituent of mine who has been affected? Will she assure me that direct contact will be made with those affected so that they can receive compensation with minimum difficulty?

[Caroline Nokes]

It is absolutely our intention that those who will be entitled to compensation should be able to access it with minimum difficulty. The public consultation opened in July and will close on 11 October, and it is absolutely imperative that we take into account all the suggestions and comments that come forward as part of it, and that we make sure that we have a scheme that works for those individuals affected.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The Home Secretary was right to apologise to the victims of the Windrush scandal, but if the Government want to end their hostile environment, which led to the Windrush scandal, is not it time to abolish their net migration target?

[Caroline Nokes]

Given the commitment in successive general election manifestos that have been endorsed by the public, it is absolutely imperative to reduce immigration to sustainable levels. As part of that, we have a compliant environment, which makes sure that people who are in this country illegally are not entitled to access the benefits and services that those who are here legally can.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

Will my right hon. Friend confirm that analysis of the Windrush cases reveals problems over many years under successive Governments, and that this Government will resolve those problems?

[Caroline Nokes]

My hon. Friend is right to point that out. These issues have occurred over successive Governments and many years. This Government are absolutely determined to make sure we put right those wrongs.

[Thangam Debbonaire (Bristol West) (Lab)]

My caseworkers tell me that intolerable delays are occurring and that people in the pipeline are not being dealt with promptly, even though we were promised they would be. We had good experiences at the start of this process, but I am afraid to say that that has gone backwards. What is the Minister doing to deal with delays, and how many people are in that delayed situation?

[Caroline Nokes]

The vast majority of cases have been dealt with within the two-week deadline after the receipt of full documentation; both the former and the current Home Secretary committed to that. However, I hope the hon. Lady will understand that some cases are extremely complex, that we are looking for reasons to grant, not reasons to refuse and that, in some cases, that has taken longer.

[Rebecca Pow (Taunton Deane) (Con)]

I welcome my right hon. Friend’s statement, especially the lessons learned review and the fact that a great many people have indeed been helped so far. Can she confirm that the children of the Windrush generation are able to apply to naturalise at no cost?

[Caroline Nokes]

As I set out in my initial response, we are making sure that that is the case. I am very conscious of the issues with the children of Windrush, as well as of those of the Windrush generation themselves. It is important that those who have a claim under the Windrush scheme make contact with the taskforce, so that their case can be gone through individually and with the incredibly experienced caseworkers who are charged with making sure we get decisions right.

[Patrick Grady (Glasgow North) (SNP)]

The Minister will be aware, as I have raised it before, that many of the Chagos islander community in this country are also seeking to establish their citizenship. We would not want any more scandals in the mould of Windrush. Will she therefore make sure that their citizenship is considered as the Government take forward progress on Windrush?

[Caroline Nokes]

I am not sure if the hon. Gentleman was in the Chamber for Foreign and Commonwealth Office questions earlier, when he would have heard the response by the Minister for Europe and the Americas on the subject of the Chagos islanders and the Government’s long-standing policy.

[Kevin Foster (Torbay) (Con)]

It is right that the Government have offered both an apology and compensation to those in the Windrush generation who have been affected. However, is the Minister aware that in many instances people feel they have to choose between being able to speak out and receiving compensation? Will she therefore confirm that no one who applies to the Windrush compensation scheme will be asked to sign a non-disclosure agreement?

[Caroline Nokes]

The Home Secretary has been absolutely clear: nobody applying to the Windrush compensation scheme will be asked to sign a non-disclosure agreement.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is worth noting that the 164 figure for those wrongfully removed or detained is still provisional and may change. Does the Minister expect the figure to go up? More importantly, the scandal goes well beyond the Windrush generation; this is about the impact of the hostile environment and of the lack of a right to appeal. Can she tell us how many non-Windrush cases have been wrongfully removed or detained in the last year?

[Caroline Nokes]

The hon. Gentleman makes a specific point about whether we expect those numbers to change. It is really important that we have an independent assurance exercise once the review has completed. We are determined to find out the exact number and to do our absolute best to make sure that any people identified are encouraged to go through the Windrush taskforce and, if eligible for compensation, to apply for the scheme when it is open. The hon. Gentleman asked a specific question about the number of people who may have been wrongfully removed in the last year. I cannot provide him with that information right at this moment, but I am very happy to provide him with the latest statistics that we have.

[Tom Pursglove (Corby) (Con)]

I congratulate my right hon. Friend and the Home Secretary for the leadership they have shown in righting the wrongs that have happened in these Windrush cases. Will she set out for the House the progress of the independent review and its anticipated timescale?

[Caroline Nokes]

As my hon. Friend will know, Wendy Williams has been appointed to lead the independent review, which will be a thorough look at everything that has occurred and the lessons that we must learn. We expect her report to be available in March next year.

[Janet Daby (Lewisham East) (Lab)]

I thank my right hon. Friend the shadow Home Secretary for requesting this urgent question. What I find shocking and disturbing is the fact that three people have died in Jamaica as a result of this hostile policy. We are hearing an apology, but I would like to hear more about action from the Government. I would particularly like to know what proactive action is being taken in the cases of the three people who have died overseas.

[Caroline Nokes]

The Government are very appreciative of the work that has been going on with Commonwealth high commissioners, among others, to make sure that those who have been affected have been correctly identified. When people have subsequently passed away, our sympathies and condolences, of course, are with their families. My right hon. Friend the Home Secretary has written not only to those affected but to the families of those who have passed away.

The hon. Lady is right that a wrong was done, and the Government are determined to right that wrong, but I point out to her that a good number of these people were removed prior to 2010.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

The appalling treatment of the Windrush generation and their descendants extends far beyond those who have come forward to contact the Home Office team to date. Many of my constituents are living in fear and deep mistrust of the Home Office—not least because of the continual conflation with illegal immigration in discussions of Windrush, which we have heard again from the Minister today.

There is an urgent need for access to independent confidential advice for Windrush citizens and their descendants, who are concerned about their status but do not trust the Home Office. So far, that work has been left to the voluntary sector, but the lack of funding over the summer has meant that Black Cultural Archives in my constituency has had to stop running advice surgeries. Will the Minister now acknowledge the far-reaching breach of trust that the Windrush scandal has caused and commit to funding genuinely independent advice for those who are too fearful of the Home Office to come forward?

[Caroline Nokes]

The hon. Lady raises a really important point about people who might be afraid to come forward. We have given a clear assurance that no information provided to the Windrush taskforce will be passed to immigration enforcement and we will work extremely hard to assist all those with partial information to demonstrate their time in the UK.

Martin Forde QC, the independent consultant for the compensation scheme, has been working hard with outreach programmes, which are an important part of the process. The Windrush taskforce has held a number of surgeries up and down the country, reaching out to members of the Caribbean communities to engender confidence.

Some of the best advocates for the Windrush taskforce are those who have been through it successfully. There have been a number of reports from those who have found the process easy, and thousands have been granted not only documentation but citizenship.

[Emma Dent Coad (Kensington) (Lab)]

Will the Minister explain why the Government are still failing to support those affected who are going through the process? That is the case with eight of my constituents, one of whom was left destitute, having lost all his benefits—evicted by the council and forced to sleep on the streets until my office intervened. That happened three weeks ago.

[Caroline Nokes]

I thank the hon. Lady for drawing that to my attention. The Windrush taskforce has been working proactively with local authorities, housing providers and the third sector so that those in hardship are put in touch with the correct agencies to make sure that they are receiving the benefits to which they are entitled. If she gives me individual information after this urgent question, I shall be very happy to take it away.

[Carol Monaghan (Glasgow North West) (SNP)]

My constituent who got caught up in this carry-on has finally received his passport. He is both relieved and grateful for that, but has yet to receive any compensation for lost earnings, lawyers’ fees and NHS fees. This summer, things took an unbelievable turn when he finally tried to sign on for benefits and was told that because he had lost his job four years ago as a result of the situation, he was not eligible because he had not made enough national insurance contributions. If the Government are, as the Minister says, “determined to put it right”, is she working with her colleague, the Secretary of State for Work and Pensions, to sort this out now?

[Caroline Nokes]

When we first became aware of the scale of the Windrush problem, I chaired a ministerial meeting across Government, and the Minister from the Department for Work and Pensions was one of the most proactive Ministers there and determined to make sure that the DWP regarded somebody as eligible if they had an appointment with the Windrush taskforce. That important work continues at an official level. The hon. Lady has raised an individual case. She will have heard me say earlier that the consultation on the compensation scheme closes on 11 October, and we will bring forward a scheme as soon as possible after that, but we are also working with third sector organisations to make sure that advice and support is available for people.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister is a fortunate woman—my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and her excellent Select Committee have done all the work for her. She should get on with implementing their recommendations; it will make her life a lot easier. Those affected in my community in Huddersfield, mainly from Grenada and other parts of the Caribbean, are mostly elderly. This is an all-party, all-Government muck-up, and we are not talking about many people, so let us be generous with the compensation and in giving free access to new passports and citizenship rights. That is what they deserve.

[Caroline Nokes]

I point out to the hon. Gentleman that we have been generous in granting citizenship rights and have been determined, as I said a few moments ago, to find reasons to grant, not reasons to refuse. As I have said, the public consultation on the compensation scheme closes on 11 October, but I urge him to encourage all his constituents who may have been affected to take part in that consultation so that their voices can be heard.

[Wes Streeting (Ilford North) (Lab)]

The Minister and the Government claim that the hostile environment is over, but in Westminster Hall shortly we will be describing the situation of international students who are currently victims of the hostile environment. Is it not the case that the Home Office is in this mess because it continues to come forward with cases on the basis of flimsy evidence; it is losing appeals left, right and centre, trying to deny people access to justice; and, perhaps worst of all, at the same time as victimising people in a David versus Goliath contest in the courts, it is wasting taxpayers’ money hand over fist that should be spent on our schools, our police and our hospitals? Why will she not reinstate the appeals, as the cross-party Home Affairs Committee suggests, and why will she not genuinely end the hostile environment?

[Caroline Nokes]

The hon. Gentleman is indeed leading a debate later this afternoon about English language testing. We are very conscious that there was significant fraud. Many thousands of cases were found to have been fraudulent and many colleges not only closed as a result but were bogus colleges that we had already identified problems with. Where there is systemic fraud and abuse in the immigration system, as we saw with some language testing, it is important that the Government take action, and he will be aware that successive court cases have upheld our position.

[Maria Eagle (Garston and Halewood) (Lab)]

The Minister has said several times that she wishes to ensure that the wrongs done to the Windrush generation are righted. We now know that three people who were wrongly deported have since died. What will her Department do to right the wrongs done to those three families?

[Caroline Nokes]

As the hon. Lady will have heard me say, the Home Secretary has already reached out to individuals impacted and the families of those who have passed away to offer his personal apology. They will of course be entitled to apply to the compensation scheme when that is open.

[Emma Reynolds (Wolverhampton North East) (Lab)]

The Minister is aware of a constituent of mine, Paulette Wilson, a 62-year-old grandmother who came here more than 50 years ago from Jamaica and who was detained at Yarl’s Wood and Heathrow detention centre last year and nearly deported back to Jamaica. I ask my question on behalf of her and all those in a similar situation. I heard what the Minister said about the compensation scheme and the consultation, but can she give a commitment to the House today that the scheme will be operational some time next year so that Paulette and others can be properly compensated?

[Caroline Nokes]

I would like to reassure the hon. Lady on this point. Her constituent’s case was one of those clearly highlighted, of course, and I was pleased that I was able to offer my personal apology to Paulette Wilson. It is imperative that we get the compensation scheme up and running as soon as possible, and I am determined to do that.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Forgive me, Mr Speaker, but I thought that the Minister’s answer to the hon. Member for Glasgow North (Patrick Grady) was wholly inadequate. What analysis have the Government done of the hostile environment affecting the other communities, such as the Chagos community in my constituency?

[Caroline Nokes]

The hon. Gentleman will be aware that the Government suspended the proactive sharing between Departments of data relating to those over 30 in the context of the compliant environment. It is important for us to ensure that we have a suite of policies that enable us to take action and correctly identify those who have no right to be here, but it is equally important for us to take the appropriate steps when we identify people who have a right to be here. As the hon. Gentleman will have heard earlier from the Minister for Europe and the Americas, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), our policy on the Chagos islanders is long-standing. I have listened carefully to what has been said by both the hon. Gentleman and the hon. Member for Glasgow North (Patrick Grady).

[Kate Green (Stretford and Urmston) (Lab)]

The Minister will be aware that confidence among Windrush families remains low, despite the efforts of the Home Office in recent months. As I have said, publishing Sir Alex Allan’s report in full would certainly provide some reassurance, but what opportunities will those families have to participate in and contribute to the independent lessons learned review as it is rolled out over the next few months?

[Caroline Nokes]

That is an important aspect: individuals should be able to contribute to the lessons learned review, and in many cases it is the personal stories that are most compelling. The Alex Allan review was, of course, an internal review commissioned by the permanent secretary at the Home Office. An executive summary was shared with the House, but the Home Secretary is currently considering whether a redacted version of the report can be published.

[Alex Norris (Nottingham North) (Lab/Co-op)]

In our sixth report on the Windrush generation, the Home Affairs Committee stressed the need for transparency on the Sir Alex Allan report. As the Minister has said, the Home Secretary has promised to consider that, as he has been doing for a number of months. Do those at the Home Office really not understand that if they want to rebuild trust following this fiasco, hiding things that they know is not a good way to start?

[Caroline Nokes]

As I have just said, and as the hon. Gentleman has pointed out, the Home Secretary is currently considering this matter, and I would expect him, rather than me, to come forward with a decision.

[Sir Hugo Swire (East Devon) (Con)]

On a point of order, Mr Speaker.

British Citizenship Fees: Children

Caroline Nokes Excerpts

Tuesday 4th September 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

As ever, it is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this debate. It will come as no surprise to anybody who knows his tenacity that he managed to bag the first slot in Westminster Hall after the summer recess. I thank all Members who participated—they made thoughtful and very good contributions. I also thank the many Members, not all of whom are in the Chamber, who have taken the time to write to me and express their views. I particularly thank the hon. Member for Pontypridd (Owen Smith) for his comments. He is absolutely right that people have been thoughtful in their contributions. However, he did cause some consternation on my side of the Chamber with his new beard, which has changed his appearance to such an extent that we were not quite sure who he was.

Before I respond to the specific points that have been raised, I will set out the current landscape for the fees that we charge for visa, immigration and nationality services. It is important to remind ourselves of the principles that were agreed with Parliament, and which bring significant benefits to the immigration system and everyone in the UK in the form of effective and secure border and immigration functions, reduced general taxation and economic growth.

Under the Immigration Act 2014, and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 that preceded it, Parliament approved the principle of setting fees charged for visa, immigration and nationality services to reflect the benefits that they bring to successful applicants. Until 2015, all fees that were set at above the cost of providing the service, which included the charge for children to register as British citizens, were subject to affirmative debate in both Houses of Parliament. Under the 2014 Act, Parliament approved the principle of taking a range of additional factors into account, including wider immigration system costs, the promotion of economic growth, international agreements and international comparisons.

[John Howell]

At the Council of Europe, we produced a strategy for the rights of children. It made the point that the system that had been developed for judicial hearings and activity in relation to adults was simply being imported to deal with children, and that that was fundamentally wrong. We are not the only country to do that—the whole of Europe was largely doing that. Does the Minister share that view?

[Caroline Nokes]

I will turn to the rights of children in comments that I will make in response to other Members, so I will come to my hon. Friend’s point very shortly.

The framework of charging, and in particular the principle of setting fees to reflect benefits accruing from a successful application, has enabled us to reflect the value that people get from the services that they receive, with indefinite leave to remain and citizenship rightly being the two most valuable outcomes.

[Stuart C. McDonald]

We are getting to the crux of the matter. Does the Minister accept that the statutory right to citizenship is completely different from an immigration application, indefinite leave to remain, or anything else? These kids have a right to citizenship. It is no more appropriate to charge them an extra fee to subsidise other parts of the immigration and nationality system than it would be to charge any of us a fee for our British nationality. It is a different thing altogether.

[Caroline Nokes]

If the hon. Gentleman allows me to make some progress, I will turn to the points he made in his opening speech.

During 2017-18, about 64,000 people were granted indefinite leave to remain and 123,000 were granted citizenship. Of those granted citizenship, more than 28,000 were minor children who were registered and were related to a British citizen, or children granted citizenship on a discretionary basis. In all cases the applicants either paid the due fee or had that fee paid on their behalf, reflecting the value placed on permanent residence and citizenship in the UK.

The charging framework for visa and immigration services delivered £1.35 billion of income in the last financial year, 2017-18. That helped to fund more than £620 million of costs associated with other immigration system functions, helping to maintain their effectiveness and security, and investment in ongoing service improvement. Setting fees at above the cost of processing an application has also helped us to set some fees at below cost—for example, short-term visit visas, in recognition of the significant economic benefits that tourists and other visitors bring to the whole of the UK. The subsidy for the circa 2.5 million short-term visit visas issued each year costs in the region of £90 million per annum, which can be afforded only by setting a wide range of other fees.

Let me make one other obvious point: setting fees at the level that we do—putting the burden on those who benefit from the services—reduces the burden on the Exchequer and on the general taxpayers of this country. It is easy, particularly in opposition, to call for fees or taxes to be reduced, but a responsible Government must balance the books. The loss of income that would result from any reduction in fees would have to be made up elsewhere, and there have been rather fewer suggestions of how that might be achieved.

Turning to the nub of the issue, safeguarding the welfare of children has always been and will continue to be a priority for the Home Office that it takes very seriously, for the reasons raised by hon. Members. I am concerned by any suggestion that the current fee levels for child registration are putting children off from registering, or making it more difficult for those entitled to register to operate in our society when they reach adulthood. For that reason, I met the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East just before the summer recess. He was accompanied on that occasion by some of those involved in campaigning. I listened very carefully to what they said and undertook to reflect on the matter, which is exactly what I am doing.

The issue is also very much on the radar of my right hon. Friend the Home Secretary. A number of Members, including my hon. Friend the Member for Henley (John Howell), referred to the comments he made when he appeared before the Home Affairs Committee. I am sorry that I am not in a position to give a firm answer today, but that certainly does not mean that either the Home Secretary or I are ignoring the issue or have put it on the backburner.

I reassure the Opposition spokesman, the hon. Member for Manchester, Gorton (Afzal Khan), that we are working hard, but it is a complex issue and decisions cannot be taken in isolation. They must be taken in the round, taking into account any wider implications, for example on fees charged to other groups of applicants and the impact on the Home Office budget. I wholly rebut the suggestion that the Home Office is profiteering. In 2017-18, the total Home Office expenditure was £12.9 billion, which was funded by £10.5 billion from the Exchequer and £2.5 billion generated from income.

In due course, we will also need to consider the findings of the review of the borders, immigration and citizenship chargeable services by the Independent Chief Inspector of Borders and Immigration that will conclude later this year. I will update the House as soon as I am in a position to do so. In the meantime, the Home Office will continue to consider granting leave to remain to a child who has lived in the UK continuously for seven years, or to a young person who is over 18 but under 25 and has lived continuously in the UK for half of their life. Such leave gives the person concerned the right to live, study and work in the UK and the right, in appropriate circumstances, to receive benefits from public funds.

An application can be made to the Home Office for the fee to be waived when the applicant is making one of a set of specified human rights-based claims for leave to remain and when there are reasons why the applicant cannot meet the payment required. Those human rights-based claims include those that are relevant to a child who has been in the UK continuously for seven years. That will ensure that the Home Office meets its core requirements to safeguard children and ensure their welfare, but we are working on a proportionate response to the representations made on child citizenship fees and will announce the outcome as soon as is practical.

Hon. Members have raised a number of points regarding young people who might be unaware of the requirement to register, and what specifically can be done to improve their knowledge of that. We are considering what more can be done using different channels. I am very conscious that, as Members have mentioned today, our immigration system can be complex, particularly for those who do not have experience or knowledge of it from the outset. It is important that we improve our processes and introduce online application systems that are intuitive and enable people to work through the parts of the process that apply to them and bypass those that do not. I am conscious that, as has been mentioned, young people perhaps do not go to gov.uk as a first port of call. We have to focus on what more we can do to better reach out to them through channels that they might use.

The hon. Member for Glasgow Central (Alison Thewliss) raised a range of issues. At one point she sought to conflate British citizenship with the settled status process for EU citizens who are living in the UK that we have recently launched, and which is currently in its private beta testing mode. It is a crucial part of our commitment to EU citizens, and the fees for it were set in agreement with the EU. It is wrong to conflate EU settled status with British citizenship because many EU citizens might choose, both now and in the future, to apply for British citizenship in addition to their settled status.

The hon. Lady mentioned young people who might discover that they do not have the same ability to travel abroad as their classmates for school trips, which is important. The Home Office works closely with education authorities to help to establish length of residence and reaches out to schools and those organising school trips to make those applications possible. We are willing to work with other public bodies to help make those applications as easy as we can.

[Alison Thewliss]

With the timescales of school trips and that of the citizenship and ILR processes, children apply and are still waiting after the school trip has been and gone and they have missed out. It seems very difficult to influence that process to be able to say that there is a school trip. All the Home Office will say in reply is, “That’s too bad. You should have known you were going on a school trip beforehand. Don’t book any travel ahead.” Does the Minister agree that that is unfair for young people who will miss out when all their classmates go away?

[Caroline Nokes]

In my experience, I have not found school trips to be that spontaneous, particularly when they are abroad. Where Members find particular instances of young people who are seeking the ability to participate in school trips—I know many Members make representations on their behalf—I urge them to use the MP account management units, which can help. Of course, in extremis—we have seen Members use the technique very effectively—questions in the House and summoning me to account in Westminster Hall can work incredibly well.

The hon. Member for Glasgow East (David Linden), acting as spokesman for the Scottish National party, which is, as he said, a pretty brave shout with his hon. Friend, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East sat behind him, referred to immigration policy as one size fits all. Of course, we have a separate shortage occupation list for Scotland and, importantly, the Migration Advisory Committee has over the course of the last year or so been working on the impact of Brexit and labour movement, both on a sectoral basis and regionally. That is very important work and I look forward to the report coming forward very shortly.

[David Linden]

The Government have a one-size-fits-all approach. When the Minister gave evidence to the Scottish Affairs Committee, she said she would not grant to Scotland the powers she would not grant to Lincolnshire County Council, so it is quite clear that the Home Office does have a one-size-fits-all policy when it comes to UK immigration.

[Caroline Nokes]

I refute that. The Government very clearly have a separate shortage occupation list for Scotland, which I would have made clear at the Scottish Affairs Committee and am doing again today. The Migration Advisory Committee has specifically looked both at sectors and at regions. We absolutely believe that immigration policy should be reserved and I will continue to hold that view. However, I used the opportunity of the parliamentary recess to travel widely—to Scotland, Northern Ireland and, just last week, to Wales—to hold roundtables with business people and to talk to them about the impact of Brexit on labour mobility and their expectations. All of that work is important to me and feeds into the forthcoming policy on immigration post- Brexit.

I hope that I have reassured the hon. Member for Manchester, Gorton that we have got round to looking at this. He asked specific questions about safeguarding children and the impact assessment for immigration and nationality fees. The Home Office takes its responsibility for the welfare of children very seriously. We make sure that we treat children with care and compassion and that is an absolute priority. I want to make it clear to him that citizenship, unlike leave to remain, is not a necessary prerequisite to enable a person to remain in the UK and enjoy any of their convention rights. As such, the Home Office’s view is that there is no breach of the European convention on human rights in requiring a person to pay a fee for citizenship applications.

[Afzal Khan]

Will the Minister explain why it is appropriate that children should pay fees to subsidise a visitor who is coming to Britain for a short period?

[Caroline Nokes]

I would very gently point the hon. Gentleman to the Immigration Act 2014, which gives us the ability to set fees. That has enabled us to look very carefully at the range of services provided by the borders, immigration and citizenship services and to make decisions accordingly. I am sure that he would agree that we want visitors to come to the UK to contribute to our economy. Particularly over the coming months and years, it is absolutely imperative that we make Britain an outward-looking, open country where visitors can come easily and help us to continue our sustained economic growth.

I am committed to reviewing our approach to setting fees for visa, immigration and nationality services, including taking account of the issues raised in this debate, the debate in the House of Lords in June and representations made to me elsewhere. As I have said, with fees from immigration and nationality services bringing in more than £1.3 billion of income per annum, which contributes significantly to our ability to afford and maintain a secure and effective border, decisions have to be taken in the round.

In the meantime, the Government remain entirely committed to maintaining the welfare of children who come into contact with the immigration system, ensuring that they are treated fairly and humanely. I am sure we will return to this issue, and that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East will not let it go. As I have said, I have noted the strength of feeling expressed by all who have spoken today and I have given my word that I am giving active consideration and am keen to see it brought to a resolution.

TOEIC Visa Cancellations

Caroline Nokes Excerpts

Tuesday 4th September 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I, too, congratulate the hon. Member for Ilford North (Wes Streeting) on securing the debate, and all Members who have contributed. It would be remiss of me not to mention the right hon. Member for East Ham (Stephen Timms), who is detained elsewhere. In his absence, I thank him for his continued scrutiny of the issue, and for first raising TOEIC tests with me when I was a very new Immigration Minister indeed.

I value the contributions that have been made in the debate. I will begin by providing something of an overview, but I thank the hon. Members for Ilford North and for Poplar and Limehouse (Jim Fitzpatrick) for having set the scene quite clearly regarding what was certainly a very big scandal in terms of how the tests went so horribly wrong and became open to abuse and, in some cases, organised criminality.

English language testing for certain immigration purposes was first introduced in 2008. Since reforms in 2011, it has been a requirement for all student visa applicants to prove that they can speak English at an appropriate level. A number have used the qualification provided by the secure English language testing regime, and all private colleges are required to ensure that their sponsored students have a SELT qualification. Thus, individuals who wished to come to the UK to study, or to extend their leave to study, had to submit, where required, an English language test certificate from an approved company licensed by the Government.

Test centres operated on behalf of Educational Testing Services, or ETS as we have often heard it described this afternoon, were the subject of a BBC “Panorama” programme in February 2014 that aired footage of systematic cheating in examinations for the test of English for international communication—TOEIC—at a number of its UK test centres. Facilitated by organised criminals, it typically involved invigilators supplying, or even reading out, answers to entire exam rooms, or gangs of impostors being allowed to step into the exam candidates’ places to sit the test as proxy test-takers, and sitting speaking tests for candidates.

The Government, as one would expect and welcome, took immediate, robust action, which has been measured and proportionate. So far, 21 people have received criminal convictions for their role in the deception and have been sentenced to a total of 68 years’ imprisonment. Only two further live investigations remain.

[Gareth Thomas]

Can the Minister tell the House whether ETS itself is still under criminal investigation? If not, will she take steps to ensure that ETS agrees to release any information reasonably requested by one of its student clients?

[Caroline Nokes]

Unfortunately, I cannot provide a live update on criminal investigations, but I will write to the hon. Gentleman providing him with that information.

The majority of individuals linked to the fraud were sponsored by private colleges, not universities, many of which the Home Office had significant concerns about well before “Panorama”. Indeed, 400 colleges that had sponsored students linked to ETS had already had their licences revoked prior to 2014. ETS had its own licence to provide tests within the UK suspended in February 2014. That licence expired in April of the same year and ETS was removed from the immigration rules on 1 July 2014. Approximately 20% of the tests taken in the UK were provided by ETS prior to its suspension in February 2014.

Over the course of 2014, as we have heard, ETS systematically analysed all the tests taken in the UK dating back to 2011—some 58,458 tests. Analysis of the results identified 33,725 invalid results and 22,694 questionable results. People who used invalid ETS test certificates to obtain immigration leave have had action taken against them. Those with questionable results—more than 22,000 individuals—were given the chance to resit a test or attend an interview before any action was taken.

In appeals, we have sought to provide sufficient evidence to discharge the evidential burden of establishing that fraud was used to obtain a certificate from ETS. The courts have consistently found in our favour that our evidence for invalid cases is enough to act on and creates a reasonable suspicion of fraud. It is then for individuals, through either appeals or judicial reviews, to address that.

Before addressing some of the specific points raised, I add that the issues covered in today’s debate have been looked into very thoroughly by the Home Affairs Committee, which ran an inquiry in 2016. During that inquiry, Ministers and officials from the Home Office answered well over 100 specific questions, and those answers are still detailed on the Committee’s website.

Where we have made removal decisions against those with invalid certificates, we have ensured that any appeal against the decision is properly exercised after removal from the UK. Under the appeals regime that was in place in 2014, many of those who we believed to have committed fraud were given an out-of-country appeal. That had been the position since 2003. As a result of the Immigration Act 2014, there is now a right of appeal only where claims raising asylum, humanitarian protection or human rights issues are refused.

[Lyn Brown]

I have time for the Minister—I often find her speeches considered and reasonable—but I am struggling with what she is saying here. We know that there is a problem, and she is defending, it seems to me, taking people’s liberty away and threatening them with deportation, despite the fact that we know there is a problem with the process. I really want to hear an apology from her, and some understanding of just how unfair, unreasonable and unjust this has been.

[Caroline Nokes]

I am moving on to some additional comments, but we have heard today repeatedly the use of the word “deportation”. Those who have followed this matter carefully will know that deportation happens only to foreign national offenders. Those who have been subject to removals have been removed from the country, not deported. There is a very clear difference between those two scenarios that the hon. Member for West Ham (Lyn Brown) may not agree with, but it happens to be a fact.

The action that the Home Office took was based on information from ETS, but it is incorrect to suggest that we relied exclusively and unquestioningly on the material that it provided. Yes, a senior delegation from the Home Office visited the USA in order to obtain a thorough understanding of the process, but following that, and fully considering the seriousness of the issues for the individuals concerned, we commissioned a further independent expert report from Professor Peter French, chairman of J P French Associates, the forensic speech and acoustics laboratory, and professor of forensic speech science at the University of York, into the reliability of the evidence.

That report, unlike the report produced as part of earlier legal proceedings and quoted extensively in recent coverage of ETS issues, was produced with the benefit of additional evidence about the specific systems that it used to verify matches. With the benefit of more information, Professor French specifically concluded that findings that the previous expert made around high error rates in other models are not

“transferable to the ETS testing”

and that the number of false matches would in fact be very small. He concluded that the triple-lock approach that ETS took was much more likely to give people the benefit of the doubt than falsely flag people as having cheated. The courts, at every level up to the Court of Appeal, have consistently said that that standard of evidence is sufficient to justify making an accusation of fraud. It is then up to an individual to establish an innocent explanation for their involvement, and they can challenge the finding, where applicable, through a judicial review.

A number of Members mentioned the case of Ahsan and out-of-country rights of appeal. That case was indeed heard at the Court of Appeal last year, but did not look at the evidence that the Home Office had relied on to establish that fraud had taken place. The narrow issue that the Court looked at in the Ahsan case was whether an out-of-country appeal would be an effective remedy to the accusation of fraud. It concluded that, in such cases where there was no mechanism for the individual to give oral evidence, that was unlikely to be the case.

Since then, the Home Office has put in place practical arrangements, including video conference links from overseas, to enable appellants to give live evidence at their appeal. Those overseas with outstanding appeals can apply to the tribunal that is hearing their appeal to indicate if they wish to give live evidence. It will then be for the tribunal to decide whether the arrangements that the Home Office can put in place are sufficient or whether it is necessary for the individual to return to the UK.

[Naz Shah]

Does the Minister know how many people have been successful in their out-of-country appeal? Have those who have been successful been offered compensation for the Home Office’s mistakes?

[Caroline Nokes]

The hon. Lady asks whether the Home Office has offered compensation. We have not, because what we have seen in successive High Court judgments is that our ability to rely on an accusation of fraud was appropriate. We heard a lengthy quote from a senior High Court judge, who, it is interesting to note, said in a subsequent case that new evidence that the Home Office had provided was focused and much more substantial. That same judge also found that evidence was sufficient to make our accusation of fraud.

[Afzal Khan]

The question that is being asked is not about the Home Office being right in some cases. The question is, in the cases where it has been wrong, has it offered any compensation?

[Caroline Nokes]

The Home Office has enabled people to take cases to judicial review. The Home Office has established that we can rely on the evidence of fraud that we very clearly have, and the links to criminal gangs. It is important that we recognise that there was significant, widespread and indeed very lucrative fraud taking place in these cases. Our enforcement investigations uncovered evidence of impersonation and of proxy test-takers. I very much regret that this has happened. Innocent applicants may well have been caught up in widespread fraud, but we also have reports from judges that there were a number of different reasons why individuals might have undertaken the deception, even if they spoke very good English.

[Naz Shah]

Will the Minister give way?

[Caroline Nokes]

I have given way plenty of times. I am very clear that we have acted proportionately, both in initial actions and in response to the Court of Appeal’s verdict. We are right to continue acting on these cases.

The Government are committed to the principle of a fair immigration system, which welcomes highly skilled migrants and genuine international students, and we have heard a number of points about the attractiveness of the UK to international students. We know that the number of overseas students applying for tier 4 visas is up and there has been an increase in the number of visas granted, including 9% more from Chinese nationals and 32% more from Indian nationals. The UK remains an attractive place for foreign students to come to. We welcome highly skilled migrants and genuine students, while guarding against attempts at abuse. We have significantly strengthened our secure English language testing regime to ensure the issue cannot be repeated in future, and have put in place additional features to make sure that we clamp down on abuse by non-genuine students.

EU Settlement Scheme

Caroline Nokes Excerpts

Monday 23rd July 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

My right hon. Friend the Home Secretary laid before Parliament on Friday 20 July a statement of changes in immigration rules [Cm 9675] concerning the EU settlement scheme for resident EU citizens and their family members. The Government also laid before Parliament on Friday 20 July the Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018, which provide for the fees and fee exemptions for the scheme.

As set out in the statement of intent published on 21 June 2018, and in my oral statement that day about the scheme (columns 508-520), the EU settlement scheme will be opened on a phased basis from later this year and will be fully open by 30 March 2019, and this will be preceded by a private beta phase to enable us to test the relevant processes and ensure that they work effectively. These measures, together with the Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018 on biometric enrolment for the scheme, which were laid on 2 July under the affirmative procedure, will enable this private beta phase to begin from 28 August 2018.

I am very grateful to the 15 public sector organisations set out in the statement of changes in immigration rules which have agreed to take part in the private beta phase. They are 12 NHS Trusts and three universities in the north-west of England, whose relevant employees and students will, if they wish, be able to apply for status under the EU settlement scheme during this period, It is appropriate that the national health service and the higher education sector, which both benefit so greatly from the contribution of EU citizens, should help in this way to establish the EU settlement scheme. As indicated in the statement of intent, we will provide further details in due course of our plans for the phased roll-out of the scheme.

We also continue to expand our wider communications about the EU settlement scheme to ensure that EU citizens and their family members living in the UK are aware of it and of how it will operate, but are also reassured that, in line with the draft withdrawal agreement, they will have plenty of time (until 30 June 2021) in which to apply for status under the scheme.

[HCWS901]

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 16th July 2018 Commons Chamber

[Rosie Cooper (West Lancashire) (Lab)]

3. What recent assessment he has made of the performance of UK Visas and Immigration against its target times for responses to members of the public.

[The Minister for Immigration (Caroline Nokes)]

The UKVI contact centre has set contractual targets for the commercial partner that delivers contact-centre services on its behalf. The achievement of those targets is monitored daily through the service-management team, to assure achievement. The team holds formal board review meetings monthly to review performance against the set key performance indicators.

[Rosie Cooper]

Is the Minister satisfied with the current target times and does she think they are appropriate? My constituent made an application in November 2017 and has not heard a single thing since—nothing.

[Caroline Nokes]

It is important to note that service standards are met in the vast majority of cases. If applications are not straightforward, we do not set a service standard, because we think it is right that applications should be considered thoroughly and in detail.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. Friend aware of the chorus of complaints from countries such as Moldova, Ukraine and Georgia, where businessmen who want to come to do trade deals with us—indeed, in some cases Members of Parliament or Government Ministers from those countries—are facing lengthy delays in obtaining visas, and in some cases outright refusal? Will she have another look at the issue? It is doing real damage to our relations with those countries.

[Caroline Nokes]

UKVI issues 2.7 million visas every single year and, as I said, the vast majority are done within our service standards. I am happy to look into my right hon. Friend’s point, because in a Britain that is outward-looking, global and open for business, it is important that visas are issued efficiently.

[David Linden (Glasgow East) (SNP)]

The Home Affairs Committee report on Home Office delivery of Brexit found that a lack of experience among staff resulted in life-changing consequences. What is the Department doing to improve the recruitment and retention of staff to make sure that, while targets are met, the quality of decision making is still ensured?

[Caroline Nokes]

The quality of decision making is of course important. We work closely with our caseworkers to make sure that they have the right level of training. In many instances, we sit senior caseworkers with those who are more junior, until such time as they can be confident in the decisions that they make.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

Will my right hon. Friend reassure me that UKVI has the resources it needs to be effective and efficient?

[Caroline Nokes]

There is of course a mixture of resources. As we heard from my right hon. Friend the Home Secretary, the fees that are levied for the UKVI service make a contribution towards the cost of that service and towards the wider border costs in general. It is important that we have the right number of staff and that they work efficiently, and we are taking steps to ensure that that is the case.

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

Is the Minister aware that delays in responding are one of the biggest problems for the public, for business and for Members of Parliament trying to help their constituents? I have innumerable such cases, including that of Ms Rettie Grace Downer, who submitted an application for further leave in 2005 and whose application is still outstanding 13 years later. Does she recognise the danger of sounding complacent on this issue, and what will she do to further bear down on these unacceptable delays?

[Caroline Nokes]

Although I cannot comment on individual cases, the right hon. Lady has, of course, pointed to a case that was started in 2005 under a previous Labour Administration. I am sure that she will be pleased to hear—[Interruption.] She can shout at me from a sedentary position, but I am sure that she will be pleased to hear that, at a recent away day for border and immigration staff, I made it very clear that one of my highest priorities is making sure that responses to Members of Parliament and the public are of the highest priority so that we see prompt responses.

[Colin Clark (Gordon) (Con)]

4. What recent steps he is taking to tackle knife crime.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

7. Whether he plans to change the fees for immigration and nationality applications; and if he will make a statement.

[The Minister for Immigration (Caroline Nokes)]

The Home Office reviews all immigration and nationality fees annually, with any changes normally implemented in April each year. We currently have no agreed plans to change fee levels, but the process for considering whether any changes are necessary commences in the summer and parliamentary approval has to be gained before any changes are made.

[Chris Stephens]

The Minister will be aware that immigration fees for limited leave to remain have increased by 79% in four years to £1,033 per person, with no reduction for children. Does she appreciate that the cost can be crippling for families with a number of children going through that process, and will she at the very least look at reducing fees for children so that they cover processing alone?

[Caroline Nokes]

I thank the hon. Gentleman for his question. I am of course alive to the points made at recent Home Affairs Committee meetings and in the recent Lords debate on child citizenship fees. In due course, I will also consider the findings of the scheduled review by the independent chief inspector of borders and immigration.

[Charlie Elphicke (Dover) (Ind)]

Will immigration fees and policy be changed after we leave the European Union so that we seek the brightest and best from around the world without fear or favour, be they from India, China, America or, indeed, the European Union?

[Caroline Nokes]

I thank my hon. Friend for his question. He will of course have heard me say that fees are reviewed annually, and we will continue with that policy. He is right, however, to point out that we will still seek to attract the brightest and best, and our future immigration Bill will set out exactly how we intend to do that.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Does the Minister agree with Mark Thomson, the director general of UK Visas and Immigration, who said at a recent MPs’ casework meeting that those who pay for premium services but do not get their visas on the same day should have their fees returned to them?

[Caroline Nokes]

I was not present at that meeting, so I cannot comment on that specific case, but I am very conscious that Her Majesty’s Passport Office and UKVI work very hard to ensure that we deliver within service standards. Where fees are looked at and there is a genuine case for a refund, we do make refunds.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The Home Affairs Committee’s recent report on the Windrush scandal shows that the whole immigration and nationality application service is hugely complicated, very bureaucratic and needs completely overhauling and streamlining, and that fees bear no relationship to the service’s efficiency or cost. Will the Minister guarantee that the additional costs of sorting out the Windrush scandal will not be used as an excuse, under full cost recovery, to jack up fees yet further?

[Caroline Nokes]

Of course, the lessons learned review that is commencing into Windrush will be an important opportunity for us to review all practices across UKVI and ensure that such an appalling scandal cannot happen again. My hon. Friend will have heard comments about reviews of fees, which happen annually, but I point out that we passed primary legislation in 2014 that allows the Home Office to charge fees that not only recover the cost of individual applications but contribute to the whole borders and immigration system, thus helping to secure our borders and ensure that we are safe.

[Mary Creagh (Wakefield) (Lab)]

8. What his policy is on the treatment of children whose parents are under immigration detention.

[The Minister for Immigration (Caroline Nokes)]

The welfare and safeguarding of children is at the heart of the family returns process, and our policy is clear that we do all we can to keep families together. Other than in exceptional circumstances, a child will not be separated from both parents for immigration purposes. Detention is used sparingly, for the purposes of public protection and removal. We encourage those with no right to remain in the UK to leave voluntarily, and all detainees have the right to bail, which is decided by a judge.

[Mary Creagh]

Despite compelling evidence of the harm caused to children by the indefinite detention of their parents, the Home Office continues to separate them in an arbitrary and cruel manner, but its replies to my questions show that it has no idea how many children are currently separated. The Department paid £50,000 in compensation after a three-year-old girl was unlawfully separated from her father, who was placed in immigration detention. She was reunited with him just days before she was due to be placed for adoption. What is the Minister doing to get a grip on the situation, stop this unlawful practice, tell us how many children are affected and reunite them with their families?

[Caroline Nokes]

In the case raised by the hon. Lady, the Home Office acknowledged its mistakes and indeed paid compensation. It is worth remembering that more than 1,000 children went into detention in 2009, whereas only 44 did so in the last year for which figures are available. The Home Office has taken significant steps to ensure that children are not detained with their parents, and they can be in an immigration removal centre only when they can be removed within 72 hours.

[Neil Gray (Airdrie and Shotts) (SNP)]

This year, Bail for Immigration Detainees has represented 155 parents separated from their children while in immigration detention, yet the Prime Minister states that that is not the Government’s practice. Can the Minister condemn the practice and finally stop it?

[Caroline Nokes]

There is clear and published guidance on how a family unit may be defined, and on the separation of individuals from their family group for immigration reasons. Cases may involve pre-existing separation of family units for non-immigration reasons. For instance, in the case of foreign criminals, children might already have been taken into care when the individual received a custodial sentence.

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

The Prime Minister has condemned Trump’s family separation policy, but this Government’s hostile environment separates parents from their children every day. As my hon. Friend the Member for Wakefield (Mary Creagh) pointed out, last week the Home Office was forced to pay £40,000 in damages for falsely imprisoning a father, unlawfully separating him from his daughter for three months. The Home Office failed at every stage of the process. The Home Secretary has said that he will pause the hostile environment, but immigration detention is a key part of it. Will the Government look again at indefinite detention, and at the use of detention more widely, and publish the Shaw review in good time for us to examine it before the summer recess?

[Caroline Nokes]

The hon. Gentleman will have heard me say that some cases might involve pre-existing separation. As I have highlighted, back in 2009 there were more than 1,000 children in detention, and that number has now been reduced to 44. The Home Office has acknowledged the mistakes that were made in the case he mentioned, but it is important to reflect on the role that detention plays in ensuring that those who have no right to be here and no right to our public services are removed in a timely manner.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

9. What recent assessment he has made of the effect of changes in the number of police officers on the level of serious crime.

--- Later in debate ---

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

15. What his Department’s target is for the length of time between a person’s immigration application being refused and their being deported from the UK.

[The Minister for Immigration (Caroline Nokes)]

There is no set time, as each case progresses on its own merits. Wherever possible, we afford people the opportunity to arrange a voluntary return to their country of origin. If someone does not comply with our directions to leave the UK, we will pursue an enforced removal. Again, timescales will depend on individual circumstances.

[Gordon Henderson]

I am very grateful to my right hon. Friend for that response, but can she reassure me that the Department is balancing the need to tackle illegal immigration with the need to protect those who have migrated to Britain legally?

[Caroline Nokes]

My hon. Friend is of course absolutely right to point out how important it is that we distinguish between people who settle here legally and those who are here illegally. It is vital that the compliant environment protects vulnerable people and that appropriate safeguards are built into the measures. We remain committed to tackling illegal immigration and to encouraging compliance with our rules and laws.

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

This weekend, we learned of an Ethiopian asylum seeker who was removed even before his application had been decided, requiring a court to order his return here. How did that happen, and is it not now time to hand asylum decisions over to an independent body?

[Caroline Nokes]

The hon. Gentleman is absolutely wrong in the final part of his question. It is important that UK Visas and Immigration continues to work to establish people’s right to be here on a fair and humane basis. The Home Office is absolutely committed to making sure that we consider each case on its own merits.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

16. What steps he is taking to provide compensation to Windrush migrants.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

18. What steps his Department is taking to improve religious literacy among UK Visas and Immigration staff.

[The Minister for Immigration (Caroline Nokes)]

The UK Government value the role of faith in public life in the UK, and protecting religious freedom abroad is important, including in achieving the UK’s vision of a more secure and prosperous United Kingdom with its overseas partners. Within UK Visas and Immigration asylum casework, we continue to engage a range of faith groups to improve our policy guidance and training provided to decision makers, so that we approach claims involving religious persecution and conversion to a particular faith in the appropriate way.

[Sir Edward Leigh]

Will the Minister set up a specialised unit in the Home Office so that we can have some religious literacy on this matter? Nuns and priests seeking to come from Iraq have been asked why they do not have a bank account, with officials seemingly unaware that they have made vows of poverty. A sister from Qaraqosh in Iraq is a perfect example: seeking to visit her sick sister, she was asked why she had not visited her since 2011. Officials were seemingly unaware that ISIS had forced her to flee from her convent and to flee for her life. Please may we have more religious literacy from our officials?

[Caroline Nokes]

When it comes to visitor visas, it is of course important that each case is decided on its own merits, but my hon. Friend makes an excellent point. I am very happy to work with him, so that there can be better training for visa caseworkers so that they understand the specific points he makes about those from religious communities who may have taken a particular vow of poverty.

[Helen Goodman (Bishop Auckland) (Lab)]

The Minister was here for Prayers, so I am sure she will be able to answer the question asked of one of my constituents, whom the Home Office initially wanted to send back to a country where he was persecuted: how many books are there in the Old Testament?

[Caroline Nokes]

I very much regret that despite a good convent education we studied only the New Testament, and I simply do not know.

--- Later in debate ---

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

T4. My constituent Duc Nguyen was a victim of human trafficking to the UK. Despite the Home Office recognising that fact, he was detained and sent to a detention centre at Heathrow. Luckily, he has now been released, but is it not against Home Office policy to detain victims of trafficking? If it is, will the Minister investigate this case to understand why it happened?

[The Minister for Immigration (Caroline Nokes)]

The hon. Gentleman will be aware that when detention is being considered every case must now go through a single detention gatekeeper, but I will undertake to look very closely at the case he raises. Our adults at risk policy, which Stephen Shaw recently reviewed, will be part of the response that the Home Secretary will bring forward before the recess.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

T6. On Thursday, the Brexit Secretary, when discussing the number of people coming to our country post Brexit, said: “we will assert stronger security checks at the border”—[Official Report, 12 July 2018; Vol. 644, c. 1157.]What discussions and agreements have been made with the Irish Government to strengthen the common travel area in a similar way?

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

T5. I have repeatedly raised with Ministers the shameful condition of the refugee accommodation provided in my constituency by Jomast. Now it is forcing vulnerable asylum seekers into shared rooms with people wholly unrelated to them—a victim of male trafficking forced to share with an older abusive man, for example. Will the Government take action to protect those who have suffered so much or give Newcastle City Council the ability to do so?

[Caroline Nokes]

I was very pleased to meet elected representatives and officials from Newcastle City Council last week, when we discussed dispersed asylum accommodation. The Home Office has worked closely with our providers to improve property standards over the lifetime of the current asylum accommodation contracts and ensure that they continue to provide accommodation that is safe, habitable, fit for purpose and adequately equipped. We will thoroughly investigate any reports of poor property standards.

[Andrew Selous (South West Bedfordshire) (Con)]

T9. Last Wednesday, a lady had her handbag stolen in Dunstable late at night. Although the thief was apprehended by two doorkeepers from a nearby nightclub, no police were able to attend, so the thief got away. That is just one example of the impact of “damping” on the funding of Bedfordshire police, combined with the removal of a 24/7 first responder presence. Does the Minister agree that fresh thinking is needed on how areas such as central Bedfordshire are funded, so that they can regain the 24/7 first responder presence that they have lost?

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

T7. Offshore wind projects such as Rampion, off the coast of my constituency, should provide an opportunity for good jobs in Britain, but the Home Office is continuing to provide immigration rule waivers to allow crews from outside the European economic area to work here. Why is the Home Office undermining good maritime jobs off our coast?

[Caroline Nokes]

Let me reassure the hon. Gentleman. The Home Office is not undermining good maritime jobs; it is working with all partners to ensure that as we leave the EU there are appropriate employment opportunities, which will be set out in the forthcoming immigration White Paper.

[Kevin Foster (Torbay) (Con)]

I know that, in seeking to tackle terrorism, the Home Secretary will always ensure that the security services have the resources and powers that they need, but will he reassure me on one point? Does he agree that, in ensuring that there are no safe spaces for those who wish to do us harm, we should consider tackling the incitement of terrorism in private as well as public settings?

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

T8. Perseid School, in my constituency, is an outstanding special-needs school for those with severe learning difficulties, but it is hard for it to recruit special needs teachers because they were removed from the shortage occupation list in 2013. It has spent thousands trying to get a teacher from Canada. When will special needs teachers be returned to the list?

[Caroline Nokes]

We constantly keep the shortage occupation list under review and work closely with the Migration Advisory Committee to ensure that the appropriate occupations are indeed on that list.

[Kirstene Hair (Angus) (Con)]

My constituency grows more than 30% of Scotland’s soft fruit. Will the Home Secretary meet me so that I can discuss the issues that my local farmers are facing, and we can arrive at solutions sooner rather than later?

--- Later in debate ---

[David Duguid (Banff and Buchan) (Con)]

Tomorrow, my hon. Friend the Member for Moray (Douglas Ross) will lead a debate in Westminster Hall on labour shortages in the inshore fishing industry. Will my right hon. Friend consider reintroducing a concession in the current visa rules that would allow non-EEA fishermen to come to this country to work within the 12-mile limit and support the regeneration of our inshore fishing fleets?

[Caroline Nokes]

Not only will there be that debate tomorrow, but there was an Adjournment debate on the subject last week. I said then, and I repeat now, that we will work closely with the Migration Advisory Committee, whose report is due in September, to understand the specific needs of the fishing industry. I have also offered to meet representatives in Scotland this summer.

[Chris Elmore (Ogmore) (Lab)]

Simon Chesterman of the National Police Chiefs Council has suggested that police officers in rural communities could be routinely armed to avoid the provision of funds for specialist armed response units. Will the Minister provide the funds that those units need, rather than eroding public trust by arming police officers?

Draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018

Caroline Nokes Excerpts

Monday 16th July 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Sir Christopher. This draft statutory instrument was laid before Parliament on 2 July. On 21 June we published a statement of intent and I made a statement to the House on the European Union settlement scheme. The statement of intent sets out details of how EU citizens and their family members will be able to obtain settled status in the UK. It also sets out how the process will be straightforward and streamlined, and that we will support applicants to get the right outcome.

EU citizens will need to meet three core criteria to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. The draft regulations form part of the legislative underpinning for that scheme.

As is currently the case with applications for documents under EU law, the draft regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application for status under the settlement scheme. We need that to check their identity and to confirm that the passport or ID card that they have provided belongs to that person, which will help us to identify and to deter any fraudulent application, and to process applications as quickly as possible.

As is also currently the case in the immigration system, non-EU family members applying under the scheme will be required to enrol their fingerprints, unless they already hold a biometric residence card. Recording biometric data and biographical information is important because we can confirm a person’s biographical details and fix them to their unique biometric identifiers, establishing a reliable link between holders and their status. That also allows us to check against existing records to ensure that the person who applies is not known to the police by another identity.

I would like to take this opportunity to reiterate that the EU settlement scheme will deliver on our commitments to administer a straightforward process. We are designing the online application form so that it is short, simple and user-friendly. It will be accessible by computer, tablet or smartphone, with clear guidance every step of the way. EU citizens’ facial photographs will therefore be captured digitally as part of the application process. Those non-EU family members who do not already hold a biometric residence card will need to attend one of our application centres to enrol their fingerprints and facial image.

Approval of the draft regulations is an important step in getting the EU settlement scheme up and running. I commend the regulations to the Committee.

--- Later in debate ---

[Caroline Nokes]

As I set out in my opening remarks, and as I told the House on 21 June, the EU settlement scheme will enable EU citizens and their family members to obtain settled status. We will ensure that there are assisted digital services to enable applicants to complete their applications online, where there are technology or access barriers. UK Visas and Immigration already has an assisted digital service to help the most vulnerable.

[Nic Dakin (Scunthorpe) (Lab)]

Can the Minister explain what a digital assisted service will consist of?

[Caroline Nokes]

I thank the Whip for that question. UKVI staff already travel to individual applicants’ houses in some instances to assist them through the process, but we are hoping to roll this out to a range of other stakeholders, including organisations such as Citizens Advice and Age Concern, which have participated constructively in the various user groups that we have already set up.

[Neil Coyle]

How much money do the Government provide to organisations such as Citizens Advice, bearing in mind that it already sees 50,000 people a quarter as a direct result of universal credit? Does it have the capacity for that, and how much is it being resourced to try to cover the Government’s backside?

[Caroline Nokes]

The hon. Gentleman makes an important point about support to local authorities and to Citizens Advice. We are not seeking to add burdens to those organisations that already provide great service to our constituents.

As I said, EU citizens and their family members who can provide evidence that they have lived here continuously for five years will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point.

Alongside the immigration rules and fees regulations that I will lay before Parliament shortly, the regulations that we have debated today will provide the legislative underpinning for an important scheme that I am sure all Members will agree we need to open as soon as possible. EU citizens will need to meet three core criteria to be granted status under the scheme: proving identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. Collecting biographical information and secure biometric data about applicants is critical to that process.

For those who wish to complete the application entirely online, an app will allow EU citizens to confirm the relevant details remotely on their mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they will be able to send their identity document by post, and a dedicated team will check it and return it without delay.

Secondly, we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen. Where possible, we will do that automatically using employment and benefit records, but applicants will also be able to provide a range of supporting evidence and we will work flexibly with them to help them to evidence their continuous residence.

Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat. That is absolutely the right thing to do to protect everyone who lives in the UK. It will not affect the overwhelming majority of EU citizens and their family members.

The biometric regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application, which we need to confirm their identity by comparing it with the photograph in their identity document, so as to be satisfied that they are one and the same person. We currently require a facial photograph as part of applications for documents issued under EU law, such as registration certificates and residence cards. As is currently the case across the immigration system, non-EU citizen family members who apply under the scheme will also be required to enrol their fingerprints, unless they already hold a biometric residence card.

Recording biometric data and biographical information is important because it enables us to confirm and fix a person’s details to their unique identifiers, and establishes a reliable link between the holder and their status. It also allows us to check against existing records to ensure that the applicant is not known to the police by another identity.

The withdrawal agreement permits the UK to open the scheme before we exit next March. It will be voluntary while EU citizens and family members exercise their free movement rights. Children under the age of five will not need to provide fingerprints, but we need to take photographs so that children are protected and do not face difficulty evidencing their stay in the UK.

It is for other member states to determine the rights of UK nationals living in the EU, but we are proactively engaging with them to encourage their preparations, alongside our detailed preparations. There is no requirement for comprehensive sickness insurance under the scheme, and that is not a matter for these regulations.

Biometrics will be used and shared only in accordance with the law, which will mainly be for law enforcement purposes or as specified in the regulations as amended. That does not include sharing biometric data with commercial partners. We will retain biometric information only as long as its retention is necessary in connection with an immigration or nationality purpose, and we will normally delete fingerprints 10 years after any leave lapses, unless the person is considered to be a threat of high harm to the UK, in which case we will retain them indefinitely.

[Neil Coyle]

I have a quick question, as I suspect we will not get answers to many of the others. Does the Minister expect the system to be as effectively and sensitively administered as that which affects Commonwealth citizens who are legally entitled to be here but are affected by the Windrush scandal?

[Caroline Nokes]

The hon. Gentleman makes an important point about those Commonwealth citizens who have been affected by issues related to Windrush. The key issue for the Windrush generation is that they did not have documentation to evidence their legal immigration status, which is why it is so crucial that EU citizens and their family members apply under this scheme, so that they will be able to evidence their status in future.

We have engaged comprehensively with stakeholders throughout the process.

[Stuart C. McDonald]

On the issue of engagement, as I said earlier, the Home Office has repeatedly said that it will not require fingerprints from EU nationals, but these regulations appear to allow for that to happen. Can the Minister clarify that?

[Caroline Nokes]

For absolute clarity, the regulations allow for the collection of fingerprints from the non-EU family members of EU citizens. We will not collect fingerprints from EU citizens.

We have engaged with EU citizens at every stage of the development process, and will continue to do so. We recently set up a user group specifically for vulnerable users, which has enabled us to draw on important and useful information from organisations such as Age UK. We will continue to expand our communications to ensure that EU citizens are aware of the scheme, how it will operate and what information they will need to provide, and that they are reassured that they will have plenty of time to apply for their new UK immigration status.

The issue of fees was raised. That matter was comprehensively examined last week in front of the Exiting the European Union Committee. It is clear that the fee was agreed with the EU when we were conducting the citizens’ rights part of the withdrawal negotiations and, with a process that will take three years to complete, I absolutely expect that the average family will be able to save up the amount required.

[Nic Dakin]

Can the Minister clarify what amount people should be saving up?

[Caroline Nokes]

An adult fee is £65, which is the same amount as the current fee for a permanent residence document. Of course, permanent residence is a status conferred under EU and not UK law, and it will lapse after we have exited the EU. For children it will be £32.50, and for children in care there will be no fee.

[Richard Graham]

It was interesting that the Opposition spokesman, the hon. Member for Manchester, Gorton, called earlier for a prolonged consultation on the regulations while his colleague, the hon. Member for Bermondsey and Old Southwark, asked whether we could introduce them yesterday. Am I not right in thinking that they will come into force 21 days after they are made, and therefore EU nationals living in this country can get on with applying to regulate their status pretty quickly, which could not possibly happen if we had the sort of long consultation that the Opposition are calling for?

[Caroline Nokes]

I thank my hon. Friend for his question. He is, of course, right: we want to crack on with this. To me it is important that we get the settled status scheme up and running, so that the EU citizens who have contributed so much to our community and our economy have the ability to confirm their status without further delay. I therefore hope that the Committee will approve the regulations.

Question put.

Immigration: Pausing the Hostile Environment

Caroline Nokes Excerpts

Thursday 12th July 2018 Commons Chamber

[Mr Speaker]

One is supposed to read out the precise terms of the question, but the right hon. Gentleman indulged in a degree of poetic licence before I had the chance to stop him. Very good.

[The Minister for Immigration (Caroline Nokes)]

I welcome the opportunity to respond to this question, and I want to make our position very clear. We have put in place additional safeguards to ensure that legal migrants are not inadvertently caught up by measures designed to tackle illegal migration. It is right that we make a clear distinction between those who are here legally and those who are not. We have made it clear that it is not acceptable that those of the Windrush generation have been impacted negatively, and this Government have apologised.

We are keeping under constant review the safeguards that were immediately put in place. We have introduced a temporary pause in the proactive sharing of Home Office data with other organisations, including banks and building societies, for the purpose of controlling access to services. Data on persons over 30 has been excluded from sharing, to ensure that members of the Windrush generation are not inadvertently affected. This is a temporary measure. We are also providing additional support to landlords, employers and public service providers through the Home Office checking service to ensure that we are not impacting the Windrush generation. We have issued new guidance that encourages employers and landlords to get in touch with the Home Office checking service if a Commonwealth citizen does not have the documents they need to demonstrate their status. We have issued similar guidance to other Government Departments providing public services.

The Home Secretary has said that it is his top priority to right the wrongs that have occurred. A lessons learned review, which will have independent oversight, will help to ensure that we have a clear picture of what went wrong and of how we should take this forward. We are carrying out a historical review of removals and detentions. At the same time, our taskforce is helping to ensure that those who have struggled to demonstrate their right to be here are supported to do so, and we have committed to setting up a compensation scheme.

[Mr Lammy]

It is important to put on record the fact that immigration has brought considerable benefits to this country. We saw last night in England’s World Cup team 11 of the players from black or mixed-race heritage backgrounds. That is a tribute to the modern diversity of this country. When the Secretary of State took up his position a few weeks ago, he said that he wanted a decent system, a fair system and a system that treated people with respect. Is it respectful to slip out this information during yesterday’s World Cup spectacle? Is it respectful for the Minister’s Department still not to be able to tell us how many people have been detained? Is it respectful not to have any information about a transparent hardship scheme for those who are still in trouble? Is it respectful to have said nothing about whether the Minister is going to allow for a proper appeals system?

Will the Minister confirm that these changes are not just for the Windrush generation and that they are in fact for everyone who has been affected by the hostile environment? She talks about a “pause”, but why not scrap the hostile environment that is bringing this country into disrepute? Will she also confirm that we will no longer be asking teachers, nurses, doctors and landlords to act as the country’s border enforcement in the months and years ahead?

[Caroline Nokes]

The right hon. Gentleman has raised a number of important points. First, I want to make it clear that it was the former Home Secretary who requested the pausing of proactive data sharing with other Government Departments, and that that started in April. That is a temporary measure. However, the data sharing cannot be recommenced without my ministerial consent, and it is certainly not something that we will begin again until we are confident that we will not be impacting members of the Windrush generation further.

The right hon. Gentleman mentioned hardship, and of course our first priority has been to help people to secure their status through the taskforce. We have put in place a dedicated team for vulnerable people, whom we are linking up with other public sector bodies to ensure that they get the support they need. I chaired a cross-ministerial group early on in all this, and I was impressed by the steps that the Department for Work and Pensions in particular had taken to ensure that those affected would be able to have their benefits reinstated, indeed retrospectively, from the moment that they demonstrated that they had an appointment with the Windrush taskforce.

When conducting our review of those who may have been detained, it is important that we are meticulous. It would be wrong to come out with a number that we were not confident about and we will ensure that, as soon as we have figures that we are content are accurate, which will go through the same independent assurance process that we used for removals, they will be made available to the House.

The taskforce’s first priority is to ensure that those who are assisted achieve status, and that has happened in the vast majority of cases. Those over whom some question remains will have access to an administrative review and, in due course, could proceed to a judicial review if that were appropriate. Obviously, we do not want it to come to that.

As I have said previously and as the Home Secretary has made clear, we have sought to ensure that mitigations are in place for the measures that are within the compliant environment that have impacted the Windrush generation. As I said earlier, we have paused proactive data sharing for all nationalities for people over 30. However, it is important to reflect that compliant environment policies commenced a significant time ago under a previous Labour Administration, and it is also important that this Government have ways of identifying those who are actively accessing services in this country to which they are not entitled.

[Mr John Hayes (South Holland and The Deepings) (Con)]

The right hon. Member for Tottenham (Mr Lammy) deserves the praise and has the admiration of the whole House for how he has championed the Windrush generation, and he is of course right that this was an outrage. However, does the Minister appreciate that that generation, who came here believing this to be, in the words of the shadow Home Secretary, their “mother country” and who are proud patriots, take just as dim a view as any of the rest of us of those who behave illegally or improperly? The point is that the Windrush generation were not illegal or improper and that they do not condone illegality. In doing right by the Windrush generation and being unrelenting in their defence, will the Minister be equally unrelenting in dealing with people who abuse the system and try to cheat them and us?

[Caroline Nokes]

I thank my right hon. Friend for his question. He and the right hon. Member for Tottenham (Mr Lammy) have been right to pay tribute to the immigrants who have come to this country and contributed so much to our society and way of life, giving us the multicultural Britain that we enjoy today. However, my right hon. Friend is right to point out that this Government continue to be determined to take action against people who are here illegally, and the suite of measures that enables us to do that remains in place.

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

The Opposition welcome the limited measures that have been announced, including the temporary end to data sharing and further advice for employers and landlords. However, I have met with a number of members of the Windrush generation who have been caught up in the Government’s net, both at meetings that I have organised and at meetings organised by my right hon. Friend the Member for Tottenham (Mr Lammy), and Ministers do not understand that many of them have got into considerable debt because they did not get the benefits to which they are entitled and found themselves paying for medical treatment.

If the Government are serious about at least helping the Windrush generation, I urge them to look again at setting up a hardship fund. After all, we are talking about people in their 60s and over who have had to borrow or be lent money by relatives. If the Government want to be seen to be acting in good faith, they must review their decision not to have a proper hardship fund and set one up as a matter of urgency.

I welcome the limited measures announced, but the Opposition believe that there needs to be a total review of the hostile environment. I am not pretending that some elements of it—particularly in relation to the NHS—were not introduced by a Labour Government, but, unless we review it in total, the Windrush generation will not be the end of it in terms of unfairness and cruelty. We have to review it and see what is necessary to stop people abusing public services, but take out those elements that have caused so much misery to people who are actually British citizens. Ministers have to understand that this will not stop with the current cohort of largely West Indians. As time goes on, there will be cohorts from all over the Commonwealth, including south Asia and west Africa, caught up in the net of the hostile environment.

Finally, I repeat my request for more information: figures on deportations, on Windrush generation persons in immigration detention and on members of the Windrush generation who went back to the Caribbean—for a funeral or a holiday—and then were refused re-entry. Until we have the figures and the Minister sets up a proper hardship fund, members of the Windrush generation will be entitled to think that this is words, not action.

[Caroline Nokes]

As the right hon. Lady will know, Martin Forde QC has been appointed as the independent adviser to the compensation scheme. His call for evidence has closed and has greatly informed the shape of the consultation, which will be forthcoming very soon. She raised the compliant environment controls, which have been introduced over many years: right to work checks in 1997; controls on benefits in 1999 and on social care in 2002; civil penalties for employers of illegal workers in 2008; and more recent measures, including on the private rented sector, bank accounts and driving licences in the Immigration Acts of 2014 and 2016.

The right hon. Lady raised the issue of people who have been in detention and those who may have been removed from the country. The Home Secretary provided information when he appeared before the Home Affairs Select Committee and confirmed that current indications were that 63 people had been removed, but those figures are subject to the independent oversight that we will put in place in due course, and that will of course be properly independent. As I said in my answer to the right hon. Member for Tottenham (Mr Lammy), we will not come forward with the numbers of people detained until we are confident, through the manual review of all cases, that we have the right numbers.

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

It is with great sadness on both sides of the House that we reflect on how some people from the Windrush generation have been treated and seriously let down by our immigration system, whether it has been a Labour, a Conservative or a coalition Government in office. I am pleased that the Minister is now trying to bring transparency and compassion to this area, but will she confirm that people who made their lives here but have now retired back to their country of origin are free to return to this country at any time?

[Caroline Nokes]

Absolutely yes. This is one of the areas we have considered, and we have made it clear that those who have retired overseas can return and that those who simply wish to come back and visit would have easy access to visitor visas. The most humbling meeting I have had in my role as Immigration Minister was in Southampton, where members of the Windrush generation set up a meeting that Home Office officials attended to talk to them about their experiences and to help those who needed to go through the taskforce. I know that many Members across the country have set up similar meetings, and I pay tribute to them all for the work they are doing to help to provide reassurance and to make sure that this wrong is righted.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

This pause is a small, welcome step, but it is nothing more than that. Finally, it is an admission of the hostile environment that the Government have created, about which they were in denial.

What is the Minister actually doing to scrap the right to rent scheme? The scheme requires landlords to carry out immigration checks, and it has led to half of landlords being reluctant to rent to people without a UK passport. Will she confirm this insidious measure will not be rolled out in Scotland? Will she commit to a broader review of the hostile environment policies, as called for by the Home Affairs Committee? If not, tens of thousands of EU citizens who are not registered as having settled status in time will be among the next victims of this Government.

What is being done to prevent the next Windrush scandal, with thousands of children in the UK being priced out of access to citizenship documentation? Finally, when will the Government ditch their bogus immigration targets? Those false targets and false promises led to the hostile environment policies in the first place.

[Caroline Nokes]

The compliant environment is part of the Government’s drive to address illegal migration, to tackle those who seek to profit from it and to encourage migrants to comply with the rules and laws of the United Kingdom. The public expect us to enforce immigration laws, which have been approved by Parliament, as a matter of fairness to those who abide by the rules.

[Bob Blackman (Harrow East) (Con)]

Members of the Windrush generation are in their 70s and 80s, and many of them feel extremely vulnerable. One concern that has been expressed to me by my constituents is that they may suddenly face deportation. What words of reassurance can my right hon. Friend give them that they should report their position, make sure their position is regularised and fulfil their destiny as British citizens, as they chose way back in the 1950s?

[Caroline Nokes]

It is an important point that we must provide reassurance and ensure that as many people as possible make contact with the taskforce. That is why we have been working closely with communities to make sure it is very clear that the taskforce has an attitude of helping individuals. I have been to the centre in Sheffield, and I heard people talking through individual phone calls. I listened both to the questions asked and to the very supportive responses given.

It is imperative that we focus on the numbers that have made contact. The taskforce has successfully responded to well over 8,000 calls, and more than 2,000 people have now secured their documentary status. In many cases, and we have seen some incredible stories on the news, those who have been through the process have found it helpful and have been able to provide reassurance to their family and friends. In many cases, those who have been through the process are the best advocates.

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

I welcome this urgent question from my right hon. Friend the Member for Tottenham (Mr Lammy), and I agree with the shadow Home Secretary on the need for a hardship fund, which the Home Affairs Committee has twice recommended because we have seen cases of people with huge debts who have been wronged by the British state and who cannot wait for the compensation scheme.

The Minister has referred to data sharing, but she did not refer to the police. Will she look again at the obligation on the police to report victims of crime? The Committee has raised serious concern that this is deterring victims of domestic violence and slavery from coming forward to report to the police, and it is allowing dangerous criminals to get away with it.

--- Later in debate ---

[Caroline Nokes]

The right hon. Lady is right to indicate that we do not want any dangerous criminals to get away with anything. Where there are safeguarding issues, it is important that data can be shared, but we should be careful to do so on a proportionate basis.

On the hardship fund, I was particularly struck when I chaired the cross-departmental meeting by how proactive the DWP was being. I am very conscious that some people may well have been deprived of their benefits, and the DWP was immediately reinstating the benefits of those who have confirmed status or who have confirmed an appointment with the Windrush taskforce, but of course the DWP also has a duty to make sure that any back payments that are owed are also reinstated.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate my right hon. Friend on how she is getting on top of this very important issue. She said that 2,000 people who have contacted the Windrush taskforce have received documents confirming the legality of their immigration status, but how many people in total have contacted the taskforce? For what proportion have we now established the correct documentation?

[Caroline Nokes]

So 2,125 individuals have had confirmation of status, which is done via a biometric residence permit. Many of them will then move on to apply for citizenship, and 584 individuals have been granted that to date. The taskforce has taken many thousands of telephone calls. Well over 8,000 call-backs have been made to people who have made contact in the first instance. I can confirm that more than 94% of people who have provided their information have had their status confirmed within the 14-day target, with many having this on the same day.

[Marsha De Cordova (Battersea) (Lab)]

I, too, want to thank my right hon. Friend the Member for Tottenham (Mr Lammy) for his question. We have all seen the disastrous impact that the Government’s hostile environment policies have had on British citizens, so why are the Government just pausing these policies? Why are they not abandoning them? I want to echo my hon. Friends in saying that these people need a hardship fund and the Government must act to introduce it.

[Caroline Nokes]

I thank the hon. Lady for her questions. A lessons learned review, to be headed by Wendy Williams, has already been announced, and its terms of reference will be published. It will give independent oversight, which will help us to ensure that we have a clear picture of what went wrong and how we should take this forward. In the meantime, as Members have heard this morning, we are reviewing existing safeguards to make sure that those who are here lawfully are not inadvertently disadvantaged by measures put in place to tackle illegal migration. I have already made it clear that the Department for Work and Pensions is the lead Department in making sure that those who are in hardship have benefits both reinstated and backdated, but of course the compensation scheme will be the main mechanism via which individuals will be able to make sure that any compensation they are due is paid.

[Douglas Ross (Moray) (Con)]

I welcome the statement from the Minister and the Home Office today. She will be aware that the Windrush scandal is exactly that—a scandal. Those of us on the Select Committee on Home Affairs have questioned several Ministers on why it was allowed to occur without it being highlighted by the Home Office’s internal systems. There was a trend happening that seemed to go unnoticed by the Home Office and officials within it. Will she update the House on what is being done to ensure that future trends are noted far earlier, rather than having to be established through media requests and so on, as in the Windrush case?

[Caroline Nokes]

I thank my hon. Friend for the question. The lessons learned review is an important part of that, but my right hon. Friend the Home Secretary has been very clear that there is, and will be, a cultural change at the Home Office. We have to make sure that we are better at identifying such situations and responding with the appropriate speed. The lessons learned review will help us to understand what went wrong, and we most certainly are learning those lessons.

[Thangam Debbonaire (Bristol West) (Lab)]

The hostile environment has particular consequences for refugees, especially as the Liberal Democrat and Tory coalition Government scrapped the national refugee integration service, which had been set up by the previous Labour Government. Refugees have fled conflicts and war, and they deserve help, not hostility. So will the Minister agree to restore a national refugee strategy and service, and allow applicants the right to work if the Home Office fails to meet its own six-month service standard?

[Caroline Nokes]

The hon. Lady will, of course, be aware of the integration Green Paper, which is being led by the Ministry of Housing, Communities and Local Government. In the past few weeks, I have had a number of meetings and conversations with leading charities working in the refugee sector. I am very conscious of the need for us to make sure that refugee communities are given the support—the English language teaching—that they need to be able to integrate. I have a particular focus on the measures we must take to help those with status into work.

[Chris Davies (Brecon and Radnorshire) (Con)]

I thank the Minister for the statement. Will she update the House on the work of the independently overseen review?

[Caroline Nokes]

Wendy Williams has been appointed to the lessons learned review, and I am optimistic that the terms of reference will be forthcoming very shortly indeed. It is an important review and its findings will be published. I am absolutely confident that Wendy Williams will bring integrity to the review and give it the external scrutiny that it requires.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hostile environment is just one indication of the negative mindset that has shaped Home Office policy and thinking on immigration for years now. We have seen the cost of visa applications going through the roof, the very poor standard of first-instance decision making and the removal of rights of appeal. During this pause, will the Government look at immigration policies in the round and ensure that we have a more constructive and positive debate in future on the contribution that immigration can make to our economy?

--- Later in debate ---

[Caroline Nokes]

The right hon. Gentleman makes a really important point. Too often, the discussions around immigration are steered by the tabloid press. In due course, both a White Paper and a Bill on immigration will come forward. I sincerely hope that we will be able to have reasoned and intelligent debates in this House, because it is important that we have an immigration system that works in the interests of not only our economy but our society and, most importantly, people.

[Kate Green (Stretford and Urmston) (Lab)]

Yesterday, I met representatives of Roma support groups who advised me of circumstances in which Roma are being encouraged—sometimes financially induced or pressured—to leave the country because they have no fixed abode or cannot produce a residence card. The Minister will know that they have every right to be here under EU freedom of movement rules. Will she take steps to ensure that this practice is ceased immediately?

[Caroline Nokes]

The hon. Lady raises a really important point. She will be absolutely conscious, as I am, that EU citizens have every right to be here under free movement rules. I am conscious that we need to focus our efforts on those who do not have a legal right to be here and make sure that those who are inadvertently caught up in any policy are given absolutely the right assistance and information that they need. There are particular challenges regarding those who may be homeless. An excellent cross-departmental taskforce, led by my right hon. Friend the Secretary of State for Housing, Communities and Local Government, is currently working on homelessness. It is important that we get our policies right in that respect.

[Clive Efford (Eltham) (Lab)]

If the Government are not trying to avoid setting up a hardship fund, why the delay?

[Caroline Nokes]

The Government are setting up a compensation scheme and it is absolutely right that we consult on that before so doing. Martin Forde’s call for evidence received a great deal of information—in excess of 600 pieces of evidence. As I have already said, the DWP is the lead Department for making sure that those who were entitled to benefits and may have been denied them have them not only reinstated immediately but backdated.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister might not know that we have a substantial Caribbean community in Huddersfield, mainly from Grenada and Jamaica—indeed, some of my Opposition colleagues have links to the community. Two people from that community came to see me in the House of Commons yesterday. They are very concerned, and not only about the insecurity that many of the older generation feel. A lot of fly-by-night lawyers and so-called experts are able to charge a lot of money to intercede, because many of these people are frightened of coming to their Member of Parliament in case information goes back and they are picked out and picked on. Will the Minister assure my constituents and the people up and down the country who are worried about this issue that the best place to go to sort it out is to their Member of Parliament?

[Caroline Nokes]

The hon. Gentleman is always a forceful advocate for his own constituents. Throughout the Windrush crisis, I have seen Members of Parliament from all parties interceding and acting with great speed and compassion. It is essential that we convey a message of reassurance, which is what I sought to do when I attended a drop-in surgery with members of the Caribbean community in Southampton. Individual Members of Parliament are very well placed to do that, but it is absolutely the case that individuals can contact the taskforce without any need to approach immigration lawyers or advisers. I strongly recommend that they do that rather than approach a lawyer.

[Chris Bryant (Rhondda) (Lab)]

Do we not need to learn a much bigger lesson? Mr Speaker is descended from Romanian Jews. The former Foreign Secretary’s great grandfather was Turkish. The Agars, the Jardines, the Poulters and the Villiers all came over with the Normans. The de Bois and the Corbyns came over with the Huguenots. The Gillans, the Bryants, the Brennans, the Keegans, the Donelans and many others are, frankly, in the end Irish. Is not the truth of the matter that not a single Member of this House has pure, pure, pure British blood and that we should rejoice in the fact that we are all the children of immigrants?

[Caroline Nokes]

I thank the hon. Gentleman for that. I am sure that he was desperately trying to work out where Nokes came from. [Interruption.] I do not know. It is my ex-husband’s name. It is really important that we acknowledge, celebrate and recognise the contribution that immigrants have made to our country, to our community and to our society, and I do that. I hope that, over the coming months when we get to debate the immigration Bill, people will remember that.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

Many of my constituents in Lewisham and Deptford have been victims of the hostile environment for far too long, waiting years for visas, not having service standards met and not being able to get any sort of update from the Home Office. Does the Minister accept that pausing the hostile environment is far too little and too late for many of my constituents, and should not the Government now be ending it for good?

[Caroline Nokes]

The compliant environment provides some important policies that enable us to distinguish between those who are here legally and those who are not. As I said in response to an earlier question, this was something that commenced many years ago, under a different Government, and it is absolutely right that we should be able to check that those who are accessing benefits and services have the right to do so.

[Stephen Timms (East Ham) (Lab)]

In 2014-15, more than 40,000 overseas students lost their leave to remain in the UK because an American testing firm alleged that they had cheated in their English language test. Many of them were plunged into great hardship. It is now becoming clear that a significant proportion of those allegations were without foundation. Will the Minister now offer those students who, remarkably, have managed to stay here, a large group of whom were in the House yesterday, a new secure English test to establish fairly whether they can now resume their studies?

[Caroline Nokes]

I thank the right hon. Gentleman for that question. It is, of course, an issue that we are considering very carefully.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

This is not the only pause that the Immigration Minister has tried to sneak out in the past month. She admitted to me in a written answer on 4 June that she had paused deportation flights to the Caribbean. She said in her answer that this was because of the need for “added levels of assurance”. Some 991 flights were booked in the past year to deport individuals to the Caribbean. Why did she pause the flights? Will they remain paused? And how many of those 991 individuals does she now believe were deported wrongly?

[Caroline Nokes]

It is absolutely right that, at a time when we were looking very closely at whether anybody of the Windrush cohort had been negatively impacted, we paused flights to the Caribbean. It is important, going forward, that we look at those flights with utmost rigour, and we are determined to do so.

[John Woodcock (Barrow and Furness) (Ind)]

In a Westminster Hall debate on 13 June, the Minister said that no one had successfully judicially reviewed the Government under paragraph 3225 of the immigration rules. Was that accurate, and have any cases been settled out of court?

[Caroline Nokes]

If the hon. Gentleman looks in the Library, he will find that I have provided clarification on that matter.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Can the Minister say whether she has issued any guidance to entry clearance officers about visitor visas? I have seen an upsurge in people who have been refused visitor visas. They have all the documentary evidence to fulfil the requirements of the immigration rules, but the disbelief of the entry clearance officer that they will not return to their home country seems to be the prevailing issue.

[Caroline Nokes]

It is important that entry clearance officers consider applications for visitor visas with the utmost rigour. Every year, we issue in the region of 3 million visas—I think that the figure is 2.7 million visas. As I said in Westminster Hall quite recently, I do not believe that we get the answer right in every case, but in the vast majority we do.

[Paul Blomfield (Sheffield Central) (Lab)]

One aspect of the hostile environment that sets the UK apart is the overdependence on the use of immigration detention—in particular, the lack of a time limit on detention. This House endorsed a recommendation from a cross-party inquiry seeking an end to indefinite detention and a greater use of community-based alternatives. What consideration is the Minister giving to that recommendation? Will she confirm that the much-delayed further review on detention conditions, being carried out by Stephen Shaw, will be published before the recess?

[Caroline Nokes]

The use of immigration and removal centres was, in fact, down by 8% last year. The hon. Gentleman will be familiar with the figures that have already been made public—that 63% of detainees are released within 28 days and that in the region of 92% or 93% of detainees are released within four months. Obviously, individuals have the right to apply for immigration bail at any time, and that happens automatically after four months. We expect to publish the response to the Stephen Shaw report in very short order indeed.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

In my first year as a Member of Parliament, I have been shocked at the level of the hostile environment as it manifests itself in my constituency. Just two weeks ago, the Kamil family in my constituency went on hunger strike outside the Home Office in Glasgow, having been kept in limbo for 18 years, waiting for their asylum application to be assessed. They are Iraqi-Kurdish refugees. How on earth was this able to happen? Eighteen years is worse than a life sentence. Their children were forced into a situation where they were not able to leave the country. Will the Minister commit to investigating this case as part of a wider review?

[Caroline Nokes]

I am happy to look at this individual case if the hon. Gentleman provides me with the details. I am conscious that we need to do better when it comes to the speed of assessing asylum cases and in ensuring that people receive their decisions in a timely manner.

Visit of President Trump: Policing

Caroline Nokes Excerpts

Thursday 12th July 2018 Commons Chamber

[Mr Speaker]

Has there been a change of plan or anything?

[The Minister for Immigration (Caroline Nokes)]

No change of plan; none at all.

[Mr Speaker]

No change of plan. My office was advised that Minister Hurd would be responding to the urgent question. [Interruption.] He is here now. May I just say to the Minister, while he recovers his breath, that the hon. Member for Sheffield, Heeley (Louise Haigh) has just put the question? I do not think that the Minister requires it to be repeated; I think that he knows the substance of the matter. I trust that the hon. Lady is content that she has put the question, and we look forward to the initial reply of the Minister.

Fishing Industry: Visas for Non-EEA Citizens

Caroline Nokes Excerpts

Wednesday 11th July 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I am grateful to the right hon. Member for Orkney and Shetland (Mr Carmichael) for securing this debate and for the constructive and helpful way in which he has engaged on this important subject. This is an important matter, and very timely—I use the word “timely” with some trepidation. I note that this evening, I do not appear to have a Parliamentary Private Secretary and that there is not a single member of Her Majesty’s official Opposition in the Chamber, but fortunately, I do have my officials in the Box—as of very recently. If I did not know that the right hon. Gentleman was a man of such integrity, I might be tempted to suggest that this was a dastardly Scottish plot to keep an English Minister from her rightful place of cheering on the England football team, but I am sure that it is coming home without me intervening in any way. Perhaps as Immigration Minister I should be focusing only on whether Mr Southgate—

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

It is one-nil.

[Caroline Nokes]

I was moving on to that! As Immigration Minister, I shall focus solely on whether Mr Southgate will have something to declare when he returns home. I sincerely hope so, and as England have scored without me watching, perhaps I should stay well away from any screens.

Flippancy aside, as the Prime Minister stated when the Government published their sustainable fisheries White Paper last week, our fishing industry is the lifeblood of coastal communities around the UK. The Government are committed to seeing the industry thrive, an objective that I know is shared by the right hon. Gentleman, who is an assiduous defender of his constituents’ interests, and all Members in the Chamber today. I particularly thank him and my hon. Friend the Member for Banff and Buchan (David Duguid) for the way they have engaged with me constructively and collaboratively on this issue. I certainly hope that that can continue. I am always ready to listen to their views.

As we set out in the White Paper, following our exit from the EU, the UK will have the opportunity to move towards a fairer share of fishing opportunities, overhauling the current system whereby UK fishermen have received a poor deal based on fishing patterns from the 1970s. Fisheries will be a separate strand of our future relationship with the EU through the future economic partnership. Through the fisheries strand, there will be a separate process whereby the EU and the UK, as an independent coastal state, will negotiate annually on access to waters and fishing opportunities.

The Government intend to introduce the fisheries Bill in this Session of Parliament. It will create powers to give the UK full control of our waters, set fishing opportunities and manage fisheries. Underpinning everything will be our commitment to sustainability, supporting future generations of fishermen and allowing our marine environment to thrive. I recognise that the fishing industry will be best placed to take advantage of those future opportunities if it has the workforce that it needs. I have listened very carefully to the points that have been made in this debate.

As I said earlier, I recently met a number of Members, including the right hon. Member for Orkney and Shetland, to discuss the issue. It seems very wrong to get through an evening’s Adjournment debate without referring to Strangford, and I was delighted to also meet the hon. Member for Strangford (Jim Shannon)—

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Where is he?

[Caroline Nokes]

A very good question. Where is the hon. Gentleman this evening? Perhaps he had something better to do.

I am hearing clearly the message that the fishing industry, particularly in Scotland and Northern Ireland, faces particular workforce challenges, and I will be reflecting further in the near future on the case for a scheme to meet the industry’s labour needs.

[Douglas Ross (Moray) (Con)]

This is an issue in my constituency as well. One of our biggest problems is with fishermen having either to get rid of their boats, or to go out and crew them themselves. I have a very ill fisherman who feels the need to go out to catch fish himself because he does not have the crew, so there is a real safety issue. The Minister mentioned meeting colleagues in the House. Will she also come to Scotland and meet fishermen to discuss this matter?

[Caroline Nokes]

I thank my hon. Friend for raising the point about safety and for extending an invitation to come to Scotland to meet representatives of the fishing industry. I am extremely optimistic that I will have the opportunity to so do over the summer recess. It is important to me that I understand at first hand the issues faced by those working in the industry.

Two key points will be to the fore when we consider the industry’s future labour needs. First, as we leave the European Union, we will take back control of immigration and have an opportunity to reframe the immigration system. The Government want to ensure that any future immigration arrangements meet the needs of the UK as a whole and of businesses across all sectors of the economy. In making sure that that happens, we will need the best evidence available, which is why we have commissioned the independent Migration Advisory Committee to report on the economic and social impacts of the UK’s departure from the EU and on how the UK’s immigration policy should best align with the Government’s industrial strategy. The committee will report in the autumn, and the Government will take full account of its recommendations when setting out their proposals for the future immigration system.

[Mr Carmichael]

I am heartened to hear that this process of engagement is under way, but may I just say that there is now a real need for urgency? A decision that will be made after consideration of a report in the autumn could leave it too late.

[Caroline Nokes]

I do not like to pull the right hon. Gentleman up on something he said earlier, but he mentioned waiting 10 weeks or 10 months. I am certainly very conscious of the urgency—he has made that point very well, as have other Members—but it is important that we have the opportunity to reflect on the MAC’s report, and that we consider very carefully the needs of this particular industry and reflect on his comments about coastal communities.

Secondly, migration cannot be the primary—and certainly not the only—solution to skills and labour shortages in any part of the economy. As free movement from the EU ends, the Government will need to consider carefully what role migration schemes should play in meeting labour needs at all skill levels and across all sectors. I have no doubt that this will involve a fresh look at how immigration policy operates to meet labour needs at lower skill levels, but the Government’s underlying objective will be an immigration policy that is sustainable. Reducing dependence on migrant labour is part of that, and decisions about immigration policy will properly take account of what else can be done, both by government, including the devolved Administrations, and by employers to ensure that businesses can access the skills and labour that they need.

I am very aware that these are issues for the future and that the Scottish and Northern Ireland fishing industries are pressing for a more immediate response to their labour needs now. It is not the only industry that is doing so, and the Government must act even-handedly, but, as I have said, I will be reflecting carefully on the case put forward and the practicalities involved in delivering a workable solution.

I am also aware that, as the right hon. Gentleman outlined, there are some very particular issues around how the immigration system interacts with the fishing industry and the UK’s island geography, with a distinction between the controls that operate inshore and the system that applies to vessels operating beyond the 12-mile zone. I take on board the point that some see these arrangements as being unfair and arbitrary, and as presenting challenges to vessel owners in terms of compliance, but there is an obligation on the Home Office to ensure that its policies and requirements are clear.

At the same time, there is an obligation on vessel owners to ensure that work conditions in the industry are to the standard that we would all expect and that existing immigration employer law requirements are observed. It is of clear concern that there has been evidence of exploitation of migrant workers in the fishing industry. The point has been made that a work permit scheme for the fishing industry would help with this, and I will be reflecting carefully on that.

[Mr Carmichael]

The Minister is being enormously generous in giving way, and I promise that I will not try the patience of the House any further.

This needs to be looked at by the Government as a whole, because it is not just the question of visas. Her Majesty’s Revenue and Customs is now demanding that those who are employed on transit visas should be taxed as if they were working onshore, and surely that is wrong as well.

[Caroline Nokes]

There are some important issues on which we must work as a joined-up Government. I vividly recall that one of the first meetings that I had as Immigration Minister was with a Member who brought along a representative from the fishing industry on the day that the Taylor report was published. I was looking at the requirement for payslips and decent hours, and at the same time discussing the work permits and requirements of crew members working in very difficult conditions.

The Government are determined to stamp out modern slavery in the UK, and the Home Office wants to ensure that the powers we have taken under the Modern Slavery Act 2015 are used to address any residual underlying problems in the sector. We will also seek to ensure that wider work to implement the International Labour Organisation’s convention on work in the fishing sector is reflected in the checks that we apply to migrant fishermen at our borders.

I welcome the debate. I hope that I have reassured the House that the Government are listening to the case that is being made to us.

Question put and agreed to.