Immigration White Paper

Caroline Nokes Excerpts

Monday 5th February 2018 Commons Chamber

[Mr Speaker]

Well, all right. If the right hon. Lady were sitting a written exam today, she would probably have to do a little more revision. I think she has not quite remembered the precise wording. Nevertheless, as Jack Straw would have said, I think we have got the gravamen of the matter.

[The Minister for Immigration (Caroline Nokes)]

I will endeavour to answer the question that was set.

It is of course a great pleasure to come to the House today to answer the question from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and I commend her for her brevity. In doing so, I point out that Ministers have made great efforts to keep the House informed of the state of play on the UK’s exit from the European Union, bearing in mind that we are in an ongoing negotiation and cannot give a running commentary.

Since June 2016, there have been numerous ministerial statements. This question, however, relates specifically to immigration, so I remind the House of where we have got to. Our first priority in the negotiation is to reach a deal on citizens’ rights, on the position of the 3 million EU citizens currently in the UK and, just as importantly, on the position of the 1 million UK citizens who reside in other EU member states. An agreement was successfully concluded on that last December, meaning that all those people were guaranteed continuing rights to live and work as they do now. Of course, we updated Parliament fully at the time. Our next priority is to agree the arrangements during the implementation period—the period immediately following the UK’s exit next March. Negotiations are shortly to begin with the EU. My right hon. Friend the Prime Minister set out the UK’s broad objectives in the speech she gave in Florence last year. We will publish a White Paper in the coming months, when the time is right, and of course we will consider how we can update the House as negotiations progress.

As to the longer term, as the House will know, the Government have commissioned the independent Migration Advisory Committee to advise on the economic aspects of the UK’s exit. The MAC has been asked to report by September 2018, although it has been invited to consider whether it could also produce interim reports. Let me be clear: given that we expect to have an implementation period of about two years after we leave, there will be plenty of time to take account of the MAC’s recommendations in designing the longer-term immigration system for the UK.

We are clear that the Government will make a success of Brexit. We will end free movement and build an immigration system that works in the national interest. We will, as we have done thus far, ensure that Parliament is kept informed and up to date.

[Yvette Cooper]

I welcome the Immigration Minister to her new post, but she did not give us any information about immigration or the immigration White Paper. The Home Secretary told the House and the Select Committee in October that there would be an immigration White Paper by the end of last year and a Bill early this year. The then Immigration Minister, the right hon. Member for Great Yarmouth (Brandon Lewis), told the Committee in November that the White Paper would be produced “soon”, but now we have this. What on earth is going on? I have to say to the new Minister that this is a shambles. I understand that the MAC is not reporting until the autumn and that it will want to take advice on the labour market, but Ministers knew that timetable before Christmas, when they answered those questions. They knew that timetable because they set it when they asked for advice from the MAC. I also understand that negotiations are continuing, but, again, Ministers knew that before Christmas. In addition, this does not get around the obligation on the Home Office to tell the House, the public, EU citizens and employers what its negotiating objectives actually are.

These practical questions need answering very soon, not “in good time” or “when the time is right”. For example, what will the legal status be of the EU nationals who have not registered by the end of the grace period? The Home Secretary told the Committee that that would be in the White Paper. What will the arrangements be for European economic area citizens from Norway or Switzerland? If EU citizens arriving after March next year do not register, will they be able to work? Will employers have to check their registration documents? Will landlords have to make checks before they rent these people a property? What is the position for EU students coming this autumn? What will the arrangements for them be?

We know that the Prime Minister wants people arriving after March 2019 to be treated differently, but we have no idea how. It is just not good enough keeping Parliament in the dark in this way. The Government have said they do not want to be in the single market, but they have not told us what they want instead. They have said that they do not want to be in the customs union, but they have not told us what they want instead. Now they have said that they do not want to have free movement, but, again, they have not told us what they want instead or even what their negotiation objectives are. At best, Ministers are cutting Parliament and the public out of the crucial debate about the future of our country. At worst, they seem to be stuck in negotiations without having agreed, even among themselves, what they want to achieve out of them. May I suggest to the Immigration Minister that she asks the Home Secretary to come to this House to make a full statement, at least on the transition arrangements? The clock is ticking and when you are running out of time, you cannot keep kicking the can down the road.

[Caroline Nokes]

First, I reassure the right hon. Lady that we are not kicking the can down the road. We are making sure we get a system that is right for people. That is why I make no apology for making our priority the 3 million EU citizens living here and the 1 million UK citizens living in EU states. We want to have a system in place for them during the implementation period so that we can register those 3 million people as smoothly and seamlessly as possible. It is imperative that, when we come to the House with a White Paper and an immigration Bill, they are the right pieces of legislation.

[Sir Desmond Swayne (New Forest West) (Con)]

When are we likely to get immigration down to the tens of thousands?

[Caroline Nokes]

My right hon. Friend will know as well as I do that in successive Conservative party manifestos we have made a commitment to making sure that we bring immigration down to sustainable levels.

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

The immigration White Paper was originally scheduled to be published last summer. Then, Ministers told the Home Affairs Committee that it would be published before Christmas. Does not this constant postponement speak to the chaos and confusion on immigration in the Department as a whole? Does the Minister accept that, as the director general of the Confederation of British Industry said, business will be “hugely frustrated” by yet another postponement? Does she appreciate that firms need time to plan for change?

Does the Minister accept that this uncertainty is particularly upsetting for the 3 million EU citizens who live here? These people are contributing to the health service, social care, universities, financial services and the hospitality industry, among many other sectors. They are many of our constituents, neighbours and work colleagues. It is wrong that they should be treated like this. Furthermore, the longer the uncertainty goes on, the less willing EU citizens will be to come here to take up employment. Does the Minister accept that the consequences for recruitment in the health service in particular are potentially very serious? Does she also accept that European students who come to study in Britain after March 2019 will want reassurance that, if they are doing a three or four-year course, they will be able to stay for more than two years without having to apply again for a residence permit?

It is all very well for the Minister to say that the White Paper will be published when the time is right. The Opposition argue that the time has been right for some time and that the Government’s postponement and delay are inexcusable.

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[Caroline Nokes]

What is crucial is that, as my predecessor as Immigration Minister did, I continue to consult businesses and universities to make sure that their views are fed into the process. Likewise, the Migration Advisory Committee is consulting businesses because it is so important that their views are fed into the process and that the Government can use the response of economic experts to enable us to determine the best policy going forward.

[Sir Robert Syms (Poole) (Con)]

I commend the Home Office for the careful and considered way it is dealing with this important Bill. It is listening to business and the experts and waiting for some further negotiation, before introducing a Bill that will be fit for purpose for this country for the next 10 or 20 years.

[Caroline Nokes]

Of course, what we are seeking to do is to have evidence-led policy making.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

This unnecessary and unwelcome delay in the publication of a White Paper that was originally promised last summer should perhaps not surprise us, given the Government’s chaotic and aimless approach to Brexit. Even the transition arrangements are in chaos, with the Prime Minister saying that she will push back on residency rights for EU nationals during the transition, thereby making it harder to attract key EU nationals. All that while we are already rejecting doctors and crucial staff from outside the EU because the ridiculous tier 2 cap has been breached for two months in a row.

Scottish Government economic modelling shows that, on average, every EU citizen working in Scotland contributes £34,000 in GDP. The leak of the Whitehall EU exit analysis means we now know that the UK Government are sitting on analysis that comes to precisely the same conclusions as the Scottish Government’s. That highlights yet again the positive contribution that EU citizens make to Scotland’s economy and communities. Free movement has been vital to support healthy population growth in Scotland. I urge the Minister to continue dialogue with the Scottish Government to ensure that immigration rules after exit do not undo that welcome progress.

[Caroline Nokes]

I thank the hon. Gentleman for that question. He is of course right to point out that EU citizens who have made their lives in the UK have made a huge contribution to our country. That is precisely why we want to see their rights preserved and, indeed, why the Government are legislating that they should be through the withdrawal agreement. I absolutely take on board his comment about the Scottish Government. I reassure him that we will of course continue to work with our colleagues in the Scottish Government to make sure that we get the best results for the whole United Kingdom.

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

Will my right hon. Friend confirm that the Government are committed to leaving the single market and that that will allow the United Kingdom to have more control over EU immigration in future?

[Caroline Nokes]

My hon. Friend will know as well as I do that, when people voted in June 2016 to leave the EU, part of that decision for some people was based on immigration. That is why we are taking back control of our borders and will do so through the immigration Bill when it is introduced.

[Chris Bryant (Rhondda) (Lab)]

The Minister seemed to suggest that there is no need to deal with this matter before the transition period because we will have the whole transition period—some two years—in which to sort out new arrangements. Does that mean that we will be retaining freedom of movement during the transition period, in which case why do we not stay in the single market?

[Caroline Nokes]

We have been very clear that, after our exit, we want a deep and special relationship with our neighbours going forward, but we also want a smooth transition. It is really important that we have an implementation period that enables us to make sure that the 3 million EU citizens who are here are allowed to register smoothly and seamlessly. The hon. Gentleman will be as aware as I am that the Prime Minister has been very clear that we are leaving the single market and we are leaving the customs union.

[Michelle Donelan (Chippenham) (Con)]

Does the Minister agree that the referendum sent out a clear message that people want to take back more control over EU immigration, and that it is therefore crucial that we get this right and publish the report when it is fully ready?

[Caroline Nokes]

My hon. Friend is, of course, right that, back in 2016, people sent us a very clear message. It is absolutely imperative that we have a smooth transition and that we publish the White Paper and the immigration Bill when the time is right, not before we are ready to do so.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

With the Government’s position on this topic totally unclear even to Parliament, how on earth can Ministers expect to be taken seriously in the ongoing negotiations with our EU counterparts?

[Caroline Nokes]

I am not quite sure how I can be clearer: we are leaving the single market, we are leaving the customs union, and we are seeking to implement a process that will last throughout the implementation period that allows those 3 million EU individuals living here, whose contribution we value, to register for their settled status as smoothly and as seamlessly as possible.

[Douglas Ross (Moray) (Con)]

My right hon. Friend says that she will continue the dialogue about immigration with the Scottish Government. When she is doing that, will she remember that a recent opinion poll said that almost 70% of Scots rejected the Scottish National party’s plans to devolve immigration powers from this place to Holyrood?

[Caroline Nokes]

I thank my hon. Friend for taking the trouble to point that out. Of course I will listen to voices from across Scotland.

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

With this chaos and delay, is not one thing increasingly clear: the Government’s promise to give EU citizens, and their families and employers, the legal certainty that they deserve is now totally broken? When will 3 million EU citizens get more than warm words and unfinished negotiations from this Brexit Conservative Government?

[Caroline Nokes]

The right hon. Gentleman makes his point forcefully. However, I can only repeat this: we will bring forward the settled status scheme, which will be a digital scheme, that will enable our EU citizens living here, whom we value and whom we want to stay, to have a smooth and seamless transition as soon as we possibly can. We have allowed a two-year implementation period, because I am very conscious that 3 million people cannot register instantly. If they do so on a smooth basis, that will still represent 5,000 people a day. That will be a challenge, but it is one that we are determined to get right.

[Tom Pursglove (Corby) (Con)]

What my constituents in Corby and east Northamptonshire want is an immigration system that provides control, but one that is also fair and that treats people equally, regardless of where they come from in the world. Will my right hon. Friend confirm to the House that those two principles will underpin the White Paper in due course?

[Caroline Nokes]

I thank my hon. Friend for his comment; I am always pleased to hear views from Corby and east Northamptonshire. What matters is that we have an immigration system that is fair, and that we work to ensure that any proposals that come forward during the implementation period are the ones that will give the best deal for the UK and ensure that our immigration system is sustainable.

[David Hanson (Delyn) (Lab)]

This is a two-year Session of Parliament. Does the right hon. Lady expect the immigration Bill to complete its passage through the Houses of Parliament in that two-year period?

[Caroline Nokes]

Of course.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate my right hon. Friend on her new position as Immigration Minister and on her response to the urgent question. Will she confirm that it was the previous Labour Government who let immigration spiral out of control from tens of thousands to hundreds of thousands a year, that immigration levels are still far too high, and that once we leave the European Union those numbers will start to fall?

[Caroline Nokes]

With respect, I point out to my hon. Friend that the numbers are already beginning to fall. It is important that we note that the direction of travel is the right one. My right hon. Friend the Prime Minister and I have been very clear that we want a sustainable immigration system that sees those numbers coming down, and it is important that we deliver on that.

[Andy Slaughter (Hammersmith) (Lab)]

Post March 2019, from a practical point of view, the one in five of my constituents who are EU nationals could: have permanent residency or settled status; be eligible for settled status; have future eligibility for settled status; or not be eligible at all. When they are talking to landlords, employers and the health service, how are they going differentiate which category they fall into?

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[Caroline Nokes]

It is important to note that we will want to register those who are eligible for settled status as soon as possible so that their status can be confirmed. The hon. Gentleman is right to point out that there will be a period during which it will be difficult to differentiate, which is why we are going to use the two-year period to make sure we can do that as seamlessly as we possibly can.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Just in case anyone—either inside the Chamber or beyond—has inexplicably missed what my right hon. Friend has said, will she reaffirm the Government’s commitment to leaving the single market and leaving the customs union, and that this will ensure that we have control over EU immigration in the future?

[Caroline Nokes]

My hon. Friend is, of course, right. We intend to leave the single market and the customs union, and to retain the control over our immigration system that our citizens told us that they wanted back in 2016.

[Heidi Alexander (Lewisham East) (Lab)]

The Minister will be aware that roughly half the immigrants who come to this country are from outside the EU and the European economic area. She talks about control, so will she tell me how many non-EEA citizens there are in the UK who have had an immigration application refused, but have not had removal or deportation proceedings initiated against them?

[Caroline Nokes]

The hon. Lady will be aware that we work very hard to make sure that people who are in this country without permission find it a very difficult environment in which to live. The previous and current Home Secretary’s compliant environment policies have made sure that it is harder to have a bank account, harder to have a driving licence and harder to rent property. The important thing is we know that people come into this country without permission, and we should therefore be seeking to remove them.

[Clive Efford (Eltham) (Lab)]

A White Paper is a consultation document, but it seems to me that the Government are delaying consulting on what should go into a consultation document. Are we not in this situation because the extreme right wing of the Tory party, who are extreme Brexiters, have formed a tail that is wagging the Tory dog?

[Caroline Nokes]

I am not quite sure how I should respond to being called a dog. However, it is really important to note that we are working incredibly hard to make sure we have an immigration system after Brexit that works in the interests of UK citizens. There is no extreme right-wing cabal controlling the Tory party. This is actually about making sure we deliver on what the British people voted for in 2016.

[Anna Soubry (Broxtowe) (Con)]

Will my right hon. Friend confirm two things? First, is it not really important, when we discuss immigration, to recognise that the overwhelming majority of people who come to our country do so to work? We are grateful for the work they do and we should always welcome the contribution they make to our country. Will she also confirm that the customs union has got diddly squat to do with immigration?

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[Caroline Nokes]

My right hon. Friend is right to point out that people who come to this country to work—whether they are from the EU or outside the EU—make a valuable contribution. That is part of the reason why, through the settled status scheme, we seek to recognise that and to make sure that these 3.5 million people can register as seamlessly as possible.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The Minister said that the issues around EU nationals in this country have been resolved. Is it not a fact that the European Commission made it clear that the circumstances of EU nationals married to British citizens who have chosen to come into this country using treaty rights under article 21 of the treaty of the European Union and the Surinder Singh judgment have not been resolved? Is there not a large group of people in this country married to people from other EU countries who have a level of uncertainty about their future?

[Caroline Nokes]

The agreement that the Prime Minister came to with other EU leaders on 8 December was really important, because we are seeking to make the rights of EU citizens and their dependants as clear as possible, and to make it as easy as possible for them to register so that they can have the certainty to which they are entitled.

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

The Minister keeps talking about achieving sustainable levels of immigration, which suggests that current levels are unsustainable. The reality is that another Scottish farmer reported at the weekend that food was left to rot in his fields because he did not have enough workers. The fish processing industry is struggling, the medical profession is struggling to attract EU immigrants and academics are worried about their future, so the current level of immigration is currently unsustainable for exactly the opposite reasons that the Conservative Government think it is unsustainable. Is this another part of the no-deal preparations that the Government seem to be embarking on? What will happen to immigration policy if there is no deal and no transition period?

[Caroline Nokes]

Whether deal or no deal—we are confident that there will be a deal—we will need a new immigration system that takes account of the fact that we will have left the European Union. The hon. Gentleman makes an interesting point about different sectors of the economy. That is one of the many reasons why we have asked the Migration Advisory Committee to consider what our policy should be, and that will give businesses a chance to feed in their views.

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

The Recruitment & Employment Confederation reports that in many sectors there are already insufficient UK applicants to fill the vacancies that exist today. Business cannot carry on with this uncertainty for much longer, so may I urge the Minister to bring forward the White Paper and the immigration Bill at the very earliest opportunity for the sake of our businesses?

[Caroline Nokes]

I reassure the hon. Lady that we continue to consult businesses and the universities sector, and that is part of the reason why we have asked the MAC to bring forward a report for us by the autumn. It is really important to us that we get our immigration policy right, which is why we have not yet brought forward the White Paper and the Bill, but we intend to.

[Daniel Zeichner (Cambridge) (Lab)]

Last week, two consultants in intensive care at Addenbrooke’s Hospital wrote to me. They had been trying to recruit urgently needed staff. They found three people, but those people were turned down by the Home Office because the tier 2 visa cap had been reached for that month. How can that possibly be helpful to our country? Does the Minister agree that the system is basically broken?

[Caroline Nokes]

Of course we need to ensure that we have a sustainable system, which is why it is important that the Bill and the White Paper take account of all views expressed to us by all sectors. That is what we are determined to do to get this right.

[Tony Lloyd (Rochdale) (Lab)]

Even if the Minister cannot confirm any other great details, will she re-emphasise the point that there will be no change to the historical rights of citizens of the Irish Republic to travel to and work in Britain?

[Caroline Nokes]

I think that we have been quite clear that those from the common travel area will be able to continue to travel, as indeed they could from 1920 onwards—long before we became members of the European Union.

[Paula Sherriff (Dewsbury) (Lab)]

In Yarl’s Wood and other such institutions, vulnerable people have been held, effectively indefinitely, when most of them have not actually committed any crime. Does the Minister agree that the Bill, when it finally comes, will provide an opportunity to review this obvious injustice?

[Caroline Nokes]

Detention will continue to form part of our immigration policy, but I thank the hon. Lady for mentioning the case of Yarl’s Wood. I am going there to visit the immigration removal centre this week, and I have already been to two other removal centres. As the new Immigration Minister, it is imperative that I go and see how our policies are operating, and to seek reassurances where they are required.

[Alison Thewliss (Glasgow Central) (SNP)]

Every Friday at my surgeries, I have a queue of constituents who have issues with the Home Office—everything from entrepreneur visas that have been delayed and refused, to people who cannot get their granny over for a visit. Is it not the case that the Home Office is a Department in so much chaos that there is no way whatever that it will be able to cope with an additional 3 million EU nationals?

[Caroline Nokes]

I absolutely refute the suggestion that we are a Department in chaos. I reassure the hon. Lady that we are determined to ensure that the registration of EU nationals is as simple and straightforward as possible.

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

Has the Minister had a chance to read the Health Committee’s report on nursing shortages? It clearly sets out how much the NHS relies on nurses from overseas, and how many EU nurses are really worried about their future. Will she tell us how this delay will help the overstretched NHS to plan for the future and ensure that this country has the nurses it needs?

[Caroline Nokes]

The hon. Lady will be aware that nurses remain on the shortage occupation list. Nurses from the EU who are currently living and working here will of course have the same right to settled status as those in other employments.

[Chris Elmore (Ogmore) (Lab)]

In reply to my right hon. Friend the Member for Delyn (David Hanson), the Minister said that the immigration Bill would be passed in this two-year Parliament. If the consultation on the White Paper is coming in October, that will give her about four months to pass the Bill through both Houses. Will she confirm when the Bill is coming and whether she will get it through in the two-year Parliament? This is not something from “Yes, Minister”; it is about people’s lives. We need firm views from the Government on what is happening on immigration.

[Caroline Nokes]

I thank the hon. Gentleman for comparing this to a “Yes, Minister” episode; I remember that there was a definite paucity of women in that programme. I assure him that we are absolutely clear that we will introduce the immigration Bill and the White Paper when the time is right. We appreciate that we have to get our immigration system sustainable and appropriate for a post-Brexit era, and it is really important to me that we do so.

Draft Immigration and Nationality (Fees) (Amendment) Order 2018

Caroline Nokes Excerpts

Monday 5th February 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2018.

The purpose of the draft order is to make a relatively small number of changes to the Immigration and Nationality (Fees) Order 2016, which, along with the Immigration and Nationality (Fees) (Amendment) Order 2017, remains in place. The changes are needed to ensure that the charging framework set out in secondary legislation for immigration and nationality fees remains current and supports plans for the next financial year.

The Committee will wish to be made aware that it has come to my attention that there is an error in the draft order and its explanatory note. Following further review of the section of the draft order that deals with circumstances in which a fee may be set in respect of the provision of biometric identity documents, it has been identified that the change we sought to make, through article 2(4)(a), has no effect. That is because of the way in which the related legislation, the Immigration (Biometric Registration) Regulations 2008, operates. The intention was to permit the Home Office to charge a fee when a person fails to collect their biometric residence permit within the required time limit. However, the 2008 regulations do not in fact require an application in those circumstances, hence there is no service for which a fee could be charged.

Although the explanatory note states that article 2(4)(a) has an effect, that is not correct. Before such a change can take effect, we will need to amend the 2008 regulations. The explanatory memorandum has been amended to clarify that issue for the record. The 2016 order continues to set out the overarching framework and the maximum amounts that can be charged for immigration and nationality functions over the current spending review period, as previously agreed by Parliament.

Changes made by the draft order are intended to clarify existing powers in connection with entry clearance to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. The draft order will confirm powers to charge fees when offering premium services in relation to the Crown dependencies, and also makes clear that the current definitions of a “sponsored worker”, “unsponsored worker”, “sponsor” and “certificate of sponsorship” apply in respect of applications to the Isle of Man.

[Ian Murray (Edinburgh South) (Lab)]

I am slightly disappointed that the draft order does not allow for a reduction in fees for European Union nationals seeking residency. Will the Minister comment on that?

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[Caroline Nokes]

That is completely separate issue from that which we are considering. We will introduce a programme that will allow EU citizens to apply for settled status at the end of this year. Those who already have permanent residency will not be charged an additional fee for settled status.

Two further changes included within the draft order will delete obsolete provisions for which no fee is currently set in regulations. The original 2016 order permits a fee to be set for the acceptance of applications at a place other than an office of the Home Office. That provision currently allows the Home Office to charge a premium fee when delivering an optional service to enrol biometrics at a place of convenience to service users. Under plans to modernise services offered, the draft order will allow for fees to be set at an hourly rate, rather than a fixed fee. That will provide flexibility and allow for the fee charged to be commensurate with the time taken to deliver such services. That change does not affect the Home Office’s basic services, such as for those who enrol their biometric information at a local post office.

Finally, the draft order will also update the power to charge for services offered on behalf of certain Commonwealth and British overseas territories, where such services may not be offered within consular premises.

To sum up, we seek to make a small number of changes to the 2016 order to maintain the framework for immigration and nationality fees. We do not seek to change the overarching charging framework, nor the maximum fee levels agreed by Parliament.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Will my right hon. Friend confirm that the draft order is part of the Government’s intention to move towards a border, immigration and citizenship system that is fully funded by those who use it, not subsidised by the taxpayer?

[Caroline Nokes]

Given that my hon. Friend is a former Immigration Minister, we should expect him to be completely right in that respect. Indeed, we seek to move to a position where the fees charged cover the costs of providing the border, immigration and citizenship service.

As I have said, we are not seeking to make changes to the overarching framework, nor to the maximum fee levels that were agreed by Parliament and set out in the 2016 order, other than in respect of the premium service fee, which I have already referred to. Individual fee levels to be charged over the course of the next year will be set by new regulations, which are due to be laid before Parliament in March 2018. I therefore invite the Committee to approve this amendment order.

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[Caroline Nokes]

I thank hon. Members for the consideration they have given to the order. A number of issues were raised, and it is important to clarify some of those. The service described as super premium—mobile biometric testing—is currently used by something in the region of 500 applicants a year. It is a very small number, and the service is used, as my hon. Friend the Member for Scarborough and Whitby mentioned, largely by VIPs—visiting royalty or, often, footballers, and people who are time-poor but well able to pay the current fee of £10,500.

As to the decision to move to an hourly charge, the fee has not yet been set. It will be a maximum of £2,600 an hour. In the vast majority of cases we fully expect the process to be significantly quicker than the four hours it would take to get to the current cost of £10,500, which is the set standard fee regardless of how long the work takes.

I point out to the hon. Member for Glasgow Central that 98.9% of non-settlement visas are decided within three weeks and 85.5% of all settlement visas, including spousal visas, are processed within 12 weeks. It is impossible for us to determine how long each application will take without knowing how complex that application may be. It is fair to say, and I absolutely accept, that there are very long delays for some visa applications, but that is for the very complex cases. The Government have been very successful in turning around easy, straightforward applications. However, where applications are complicated, I hope we all agree that it is absolutely right that they are subject to the level of scrutiny that they need and deserve.

[Alison Thewliss]

The Minister can correct me if I am wrong, but my understanding from my constituents is that, if the initial timescales are not met, they often find that theirs are deemed to be complex cases, because there is no time limit on dealing with those. They are put into a black hole in which it is very difficult to get their cases resolved.

[Caroline Nokes]

I thank the hon. Lady for that comment. If she wants to raise specific cases with me, I am very happy to look at them. However, the reality is that, where issues are complicated and visa applications are not straightforward, it is absolutely right that full rigour is applied to inspecting and determining them.

[Afzal Khan]

On the issue of complexity, how do we know that the process is not being abused by the Home Office? Are there set formulae or criteria that say what is complex?

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[Caroline Nokes]

It is fair to say that no single application is identical to another. I hope, and I am sure, that the hon. Gentleman is not questioning the integrity of Home Office officials—the really hard-working civil servants who determine these cases and on whose judgment we rely. It is important that the system is rigorous but also as fair and as speedy as possible, because we are all conscious of cases of constituents who are concerned at the length of time it has taken. It is absolutely a priority of the Home Office that we speed up applications, and we are doing very well on meeting our targets in the straightforward cases. However, I absolutely take this on the chin, which is why I was in Liverpool last week, talking to caseworkers who deal with complex cases.

As I have said previously, the Government believe in the benefits of controlled migration, but we also want an immigration system that is strong and sustainable. It is important that we strike a good balance between the economic interests of the UK and the need to maintain a sound border, immigration and citizenship system. This amendment to the 2016 order mainly seeks to maintain and clarify the charging framework under which immigration and nationality fees are set. We aim to set out the actual fee levels for 2018-19 in regulations using the negative procedure in March. The passage of the draft order will not, other than for the premium fee, amend or increase the maximum amounts that can be charged for border, immigration or citizenship applications.

Prior to making any changes to individual fee levels in regulations using the negative procedure, we invite appropriate scrutiny of our proposals, ensuring that they are reviewed and approved by a number of other Government Departments and that an impact assessment is produced before they are presented to Parliament. I believe that those steps will ensure that the Government balance our policy that users should pay with consideration of the impact of fees on businesses, education institutions and economic growth.

As I have said, the maximum amount set for the new power is £2,600 per hour. The procurement process for the partner with which we will eventually work is currently under way. We will, of course, announce that partner in due course. As such, I commend the draft order to the Committee.

Question put and agreed to.

EU/Canada Negotiations: Passenger Name Record Data

Caroline Nokes Excerpts

Tuesday 30th January 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Until the UK leaves the EU it remains a full member, and the Government will continue to consider the application of the UK’s right to opt in to, or opt out of, forthcoming EU legislation in the area of justice and home affairs on a case-by-case basis, with a view to maximising our country’s security and protecting our civil liberties.

The Government have decided to opt in to a Council decision authorising the opening of negotiations for an agreement between the European Union and Canada for the transfer and use of passenger name record (PNR) data.

This agreement will replace the EU/Canada PNR agreement which expired in 2009. The UK opted-in to negotiations for a new agreement which opened in 2010. When an envisaged agreement was presented to the European Parliament for approval in July 2014, the Parliament referred it to the Court of Justice of the European Union for an opinion on its compliance with the treaties and the charter of fundamental rights. In July 2017, the Court found that the envisaged agreement could not be concluded in its current form and the Council has now decided to reopen negotiations.

The UK, in common with the other EU member states and with an increasing number of third countries, places considerable value on the processing and analysis of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

PNR data is used by many countries to detect individuals involved in serious crime and terrorism-related activity as well as enabling the protection of vulnerable victims of trafficking.

The Government believe that PNR agreements between the EU and third countries play a vital role in assuring the protection of personal data within PNR data and providing legal certainty for air carriers required to disclose personal data to third countries’ authorities. It is for this reason the Government have decided to opt in to the negotiation of an EU/Canada agreement on the transfer and use of PNR data to prevent and combat terrorism and other serious transnational crime.

[HCWS434]

Draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017

Caroline Nokes Excerpts

Tuesday 23rd January 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017.

It is a pleasure to serve under your chairmanship, Mr Hosie. In introducing this secondary legislation the Government are seeking to extend the scope of the national transfer scheme to Wales, Scotland and Northern Ireland. The scheme, which was launched by the Government in July 2016, makes it easier for local authorities to transfer legal responsibility for unaccompanied asylum-seeking children to another participating local authority. It is designed to encourage a fairer distribution of unaccompanied children in local authorities across the UK, so that a small number of local authorities are no longer asked to look after a disproportionate number of unaccompanied children and safeguard the best interests of the children concerned.

The national transfer scheme is underpinned by provisions in part 5 of the Immigration Act 2016. Section 69 of that Act creates a mechanism in England to transfer responsibility for caring for unaccompanied children from one local authority to another local authority. Section 70 enables the Secretary of State to direct local authorities to provide information about their support to children in their care. Section 71 enables the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child to supply written reasons explaining their refusal. Finally, section 72 enables the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied children from one local authority to another.

Those provisions currently apply only to English local authorities, which means that local authorities in Wales and Scotland, and health and social care trusts in Northern Ireland, have not yet participated in the scheme. In extending the scope of the transfer provisions in the Act, the regulations provide the legal framework for local authorities in Wales, Scotland and Northern Ireland to accept transfers under the scheme.

I want to make it clear that the national transfer scheme was designed as a voluntary scheme, and we hope that local authorities in Scotland and Wales, and health and social care trusts in Northern Ireland, will feel able to participate. My officials have worked closely with their counterparts in the devolved Administrations and with local government associations in Scotland and Wales to take account of the unique circumstances in each nation. As I have mentioned, there are provisions in the Act for the Secretary of State to mandate the scheme. The Government want the scheme to remain a collaborative effort between central, local and devolved government, and it is in that vein that we have worked with partners across the UK to develop proposals to extend the scheme.

The national transfer scheme has made significant progress since it was launched in July 2016, and we are extremely grateful for the support provided by local authorities that are looking after unaccompanied children. Until the end of September 2017, 555 unaccompanied children had successfully been transferred. That is a significant achievement, but there is more to do. There are more than 4,500 unaccompanied children in English local authorities, and a handful of local authorities continue to look after a disproportionate number. If we are to achieve a fairer distribution of caring responsibilities across the UK, we need local authorities from all parts of the country to be able to participate in the scheme so that all children can be afforded the best possible care and support.

We know that there is support for the national transfer scheme across the country, and that is why it is important for this legislation to come into force, so that we are able to build on the excellent work of local authorities in every part of the UK in caring for asylum-seeking and refugee children and ensure that the scheme is a truly national scheme.

--- Later in debate ---

[Caroline Nokes]

I welcome the support from across the room for this change. We all acknowledge that it is an important principle that we should enable local authorities from across the devolved nations to play a part in the scheme. I thank both the hon. Members who spoke today. The issue of unaccompanied asylum seeking children has been debated many times in this place, and I know that it is a subject about which many of us feel very strongly.

We have a proven track record of offering sanctuary to those in need of protection, and our record in supporting children affected by conflict and persecution is no different. In the year ending September 2017, the UK granted asylum or another form of leave to almost 9,000 children and we have granted leave to nearly 49,000 children since 2010. As of September 2017, a total of 9,394 people had resettled in the UK under the vulnerable persons resettlement scheme.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised an important question about the guardianship scheme that is in operation in Scotland and asked whether we would consider looking at an independent guardian for unaccompanied asylum seeking children in the rest of the United Kingdom. By virtue of being looked after, these children are provided with a professional social worker and an independent reviewing officer to oversee their care arrangements, as well as access to an independent advocate and visitor. All unaccompanied asylum seeking children in England are referred to the Refugee Council’s children’s panel, and they are also entitled to legal assistance in pursuing their asylum claim. We believe that those arrangements ensure that children are provided with the independent support and advice that they need, and we currently have no plans to introduce a guardianship scheme.

The Opposition spokesman, the hon. Member for Swansea East, raised the issue of funding. She will be aware that in 2016 we significantly increased the amount of funding available to local authorities to enable them to support these young people. It is important to emphasise that one of my predecessors as Minister for Immigration undertook that we would complete a review, and we are evaluating that now. We keep the issue uppermost in our minds, and I have had regular contact, even just in the past two weeks, with local authority leaders, the Local Government Association and the Convention of Scottish Local Authorities . They are not slow in making their views known to me.

I welcome the extension of the scheme. It plays an important part in our commitment to refugee children. Last week, as part of the UK-France treaty, we agreed to change the date to 18 January 2018—last Thursday—to enable us to fulfil our obligations under the Dubs amendment. I regard those children as very important. I want to see the 480 children we have committed to look after brought here. That will enable us to work more closely with France, Greece and Italy to fulfil our obligations and be proud that we have achieved that.

Question put and agreed to.

Investigatory Powers Bill

Caroline Nokes Excerpts

Report: 1st sitting: House of Commons
Monday 6th June 2016 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

It is a pleasure to follow my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). This Bill runs to the absolute heart of Government—the duty to keep us safe. I will keep my very brief remarks to the issue of privacy, which was raised in Committee and remains a point of debate.

Nobody wishes to legislate to protect the public while at the same time unfairly and unreasonably restricting the rights of the individual. None of us wishes to give the state unnecessary powers. It was against such arbitrary authority that our first charter of rights, Magna Carta, was established, and why we can to this day find written into the stone floor of Tewkesbury abbey the words:

“Magna Carta est lex, caveat deinde rex”.

Magna Carta is law, and let the king beware. Today, as we debate the power of the state, I believe it is most certainly not the Head of State who threatens our law and safety, but those who threaten our state from within, and we must make our law accordingly.

The amendments that the Government have tabled on privacy protections go further than ever before in transparency, oversight and the safeguards that apply to the powers in the Bill. A great deal of advice has come from the Public Bill Committee, the ISC and the Opposition parties, and the Government have indeed listened. The amendments make it clear that warrants or other authorisation should not be granted where information could reasonably be obtained by less intrusive means. If the information is already on the internet—let us face it, there is plenty of such information—it can be got without recourse to the Bill’s provisions. The Government amendments also require persons exercising functions under the legislation to have regard to the public interest and the protection of privacy, as well as other principles that underpin the legislation. The amendments also make clear the criminal offences that apply to the misuse of powers under the Bill, which puts beyond doubt the severe penalties that would apply in the event of deliberate wrongdoing by a public authority.

Privacy is at the heart of this vital piece of legislation, but its point is protection. The House should remember the statistics cited by my right hon. Friend the Member for Chelmsford (Sir Simon Burns), which I do not intend to repeat. We must be very careful not to dilute the Bill so much that the ability of our agencies to keep up with technology and those who use it in a very sophisticated way to do us harm is itself harmed. The baby must stay in the bath, while the dirty water is thrown out.

I know there has been a lot of interest in the Bill, but I also know that the amendments to it need to be weighed, rather than counted. In my estimation, it is a sound and important Bill. It will ensure that the warning in Tewkesbury abbey can be amended for our own time: “Magna Carta est lex, caveat deinde nequam”—Magna Carta is law, and let criminals beware.

[Mr Alan Mak (Havant) (Con)]

It is a pleasure to follow my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). Having spoken on Second Reading, when I focused on economic cybercrime, and having followed the progress of the Bill, I want to make a few brief remarks on the first group of amendments, particularly Government new clause 5.

Privacy is the ability of an individual or a group to seclude themselves or information about themselves and thereby to express themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but they share common themes. It was not a Latinist, but the Colombian novelist and Nobel prize winner Gabriel García Márquez who once observed:

“Everyone has three lives: public, private and secret.”

However, we all know there are some in our society whose secrecy cannot be allowed to prevail and whose privacy cannot be a shield that allows crimes to be committed, whether those crimes are terrorism, child abuse, people trafficking or cybercrime.

There are people who, as my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) mentioned, attempt to hide from the rest of society behind passwords, encryptions and codes known only among themselves. Because of the speed of technological change, they are operating not just outside the law, but ahead of it. That is why the law must catch up, and the Bill, with the Government new clauses, will achieve such a goal.

If we are to enhance the law and to codify the powers that our security services need to keep us safe, we must ensure that the oversight regime is robust and satisfies the other watchdogs of our liberty—Parliament and the press. The Bill creates a world-leading oversight regime that brings together three existing commissioners and provides new powers and resources for a new independent Investigatory Powers Commissioner. Under the Bill, warrants must be subject to a new double lock in that they must be approved by the judicial commissioner before they can be issued by the Secretary of State.

Privacy is the mirror image of oversight, and the Bill and its amendments go very far in protecting individual rights. In particular, the Bill sets out the very specific circumstances in which the powers it provides for can be used. It makes clear the purposes for which those powers can be used, the overarching human rights obligation that constrains the use of those powers and whether each of the powers in the Bill is to be used in a targeted way or in bulk. The Bill goes on in that vein.

I believe that the Government have listened, acted and got the balance right between the powers necessary to keep us safe, the right to privacy of the individual and the oversight necessary to ensure that neither privacy nor safety is compromised. In conclusion, the Bill represents the pragmatic pursuit of safety in the modern age and an effective renewal of the law in the digital age. I urge the House to support its passage tonight and in the coming days.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 11th April 2016 Commons Chamber

[Mike Penning]

If we take the precept into account, we can see that police funding has been protected over the past four years. The one person we did not listen to was the Labour shadow Secretary of State, because he wanted to cut it by 10%.

[Caroline Nokes (Romsey and Southampton North) (Con)]

T7. What success have the Government had in recent months in deporting overstayers who have been working here illegally?

[James Brokenshire]

I underline the important work in confronting crimes linked to those working illegally. In 2015, more than 38,000 people were removed or deported from the UK, including a 28% increase in voluntary returns. That highlights the fact that people realise that it is so much tougher to get work here.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 16th November 2015 Commons Chamber

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

1. What steps her Department is taking to protect 16 and 17 year olds who are victims of child sexual exploitation.

[Caroline Nokes (Romsey and Southampton North) (Con)]

6. What steps her Department is taking to protect 16 and 17 year olds who are victims of child sexual exploitation.

[The Secretary of State for the Home Department (Mrs Theresa May)]

Before I answer the question, may I say that later this afternoon I shall of course make a statement on the Paris terrorist attacks? I am sure that the thoughts of the whole House are with the people of France, particularly with the victims—and their friends and families—of those terrible and horrific attacks.

Tackling child sexual exploitation is a top priority for this Government. We have already prioritised child sexual abuse as a national threat in the strategic policing requirement, and made significant progress since the “Tackling Child Sexual Exploitation” report in March 2015.

[Mrs May]

We should all welcome the fact that more people, including young people and children, now feel able to come forward and report when abuse or exploitation has taken place, but, as the hon. Lady will be aware, the question of how the reports are then dealt with is not to do with police numbers. We saw that in the Rotherham report. Sadly, reports came through that police and others had been aware of the child exploitation that was taking place, yet appropriate action was not taken. Following the “Tackling Child Sexual Exploitation” report in March this year, there will be a requirement that all police officers are trained in raising their response to child sexual exploitation. We have also revised the guidance, so that we provide clear information about how to identify child abuse and neglect and what action to take.

[Caroline Nokes]

May I also associate myself with the comments made earlier by my right hon. Friend?

The recent report “Old Enough to Know Better?” by the Children’s Society has recommended that, when the victim of a sexual offence is 16 or 17 years old, it should be considered an aggravating factor for sentencing purposes. Does my right hon. Friend agree that that would send a very strong message to perpetrators and build on the work already done by this Government to protect the victims of sexual exploitation?

[Mrs May]

I agree that we always need to send very clear messages to the perpetrators about how seriously we take this crime and the intent to deal with it. The courts will always consider a case more seriously when the victim is a child, and that includes 16 or 17 year olds. The Sentencing Council’s definitive guidance on sexual offences came into effect in April last year, and it provides for the courts to sentence more severely individuals in cases where victims are particularly vulnerable, as will often be the case with sexual exploitation involving 16 or 17 year olds.

Modern Slavery Bill

Caroline Nokes Excerpts

Tuesday 17th March 2015 Commons Chamber

[Mr Hanson]

I remind the House that in taking the position that they have today, the Government are rejecting the cross-party recommendation from my right hon. Friend the Member for Birkenhead and his Committee; rejecting the discussions we had in the Modern Slavery Bill Committee that resulted in a nine-to-nine vote with the Chair casting his vote in favour of the Government; rejecting the will of another place, where a cross-party group of MPs led by Lord Hylton tabled this amendment; and rejecting the advice of every organisation involved in dealing with this issue outside this House.

That is for the Government to determine. I am simply saying that if, by the end of this debate, they do not change their mind, I will ask my right hon. and hon. Friends to support the House of Lords amendment and, if that is defeated, reluctantly accept the Government’s late, compromise, dragged-out proposal.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Thank you, Madam Deputy Speaker, for the opportunity to speak in this debate on amendments to the Modern Slavery Bill—a critical Bill that will have far-reaching consequences for those who seek to abuse, and indeed have abused, and those who have suffered from that abuse. I was pleased to able to serve on the Committee that scrutinised the Bill, and I can honestly say that it did so in depth and very carefully. I pay tribute to my hon. Friend the Minister for her commitment to this issue and her determination to get this vital piece of anti-slavery legislation on to the statute book.

I recognise that amendment 72, tabled by the noble Lord Hylton, has the very best of intentions, but as my hon. Friend said the most important thing is to get this Bill on to the statute book before Parliament is dissolved in just over a week’s time. If we leave it any later—if the Lords continue to press these amendments—I fear we will lose the Bill altogether and its important work will be undone. Abusers will be safe from the law, while the poor and vulnerable they abuse will have less protection under it.

[Mr Hanson]

Let me assure the hon. Lady, on behalf of Her Majesty’s Opposition, that we will do nothing to stop the passage of this Bill if the Lords accept the amendment in due course.

--- Later in debate ---

[Caroline Nokes]

I thank the shadow Minister for that assurance.

My constituents who have contacted me on this issue want to know that there will be additional evidence of legal employer-employee relationships and a confirmation that employers will be forced to pay the minimum wage. The current rules stop employees changing employer, and vice versa, during the term of their visa. Amendment 72 would permit someone on an overseas domestic worker visa to change employer without having to go to the authorities.

[Michael Connarty]

Is the hon. Lady aware that under the previous Government, who brought in the three-year visa, people could change their employer, but her Government took that right away? Will she apologise to her constituents for that?

[Caroline Nokes]

I thank the hon. Gentleman for making that point. Let me make the point that his Government had 13 years in which to introduce such legislation. In fact, we have had to wait 200 years for a piece of modern day slavery legislation.

[Emily Thornberry]

Does not the hon. Lady agree, though, that a modern slavery Bill ought to be more than just its title and the campaign behind it? It ought to be good law that will be able to affect the lives of the most vulnerable. Does she not agree that this Bill falls down on that in some important respects?

[Caroline Nokes]

Of course we all want this to be good law, which is precisely what the Minister intends. We do not want loopholes that enable slave masters to find new victims; we do not want these slaves to be without the protection we are seeking to give them.

[Karen Bradley]

Has my hon. Friend reflected on the fact that when the Modern Slavery Bill becomes the Modern Slavery Act and we can say to employers applying for the visa, “If you bring your employee into the United Kingdom and abuse them, you will be subject to life imprisonment”, that will be a big deterrent that should prevent abusive employers who intend to bring in employees and treat them as slaves from doing so?

[Caroline Nokes]

I thank my hon. Friend for that intervention. Of course she is absolutely right—it is a massive deterrent, and we must have it on the statute book.

Chief Constable Shaun Sawyer, the national policing lead on modern slavery, and Ian Cruxton, the director of the organised crime command at the National Crime Agency, have expressed concern that the Lords amendment would inadvertently undermine the fight against modern slavery—a fight that we all agree has to be won. I therefore hope that my hon. Friend will advise the Lords to withdraw their amendment, well intentioned as it may be, to ensure that the Bill gets on to the statute book in this Parliament, that those guilty of modern slavery will not be allowed off the hook, and those suffering the misery of it will be given protection and hope.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 17th November 2014 Commons Chamber

[Mrs May]

The hon. Lady is right. Concerns about the national referral mechanism have been raised for some time. That is why the Government had a review of the NRM undertaken. That review has now been published, and we will set out our response to it in the modern slavery strategy that will, as I said, soon be published by the Government. We recognise the issues that have been raised in the review of the NRM, and I am pleased that it has taken place. We will of course put support for victims at the heart of what we are doing.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Will my right hon. Friend join me in congratulating Kevin Hyland on his appointment as anti-slavery commissioner designate and expand a little on how his role will help to stamp out this dreadful crime?

[Mrs May]

I am pleased to join my hon. Friend in congratulating Kevin Hyland on his appointment. Many people in this House who have been involved in looking at the issues around human trafficking and modern slavery will know of the very good work that he did as a detective chief inspector in the Metropolitan police, particularly on human trafficking matters. As the anti-slavery commissioner, he will be able to ensure that the agencies, particularly law enforcement agencies, are doing what they need to be able to do tackle this crime. As right hon. and hon. Members may have seen, he has already said publicly that one of his concerns about identifying this crime is ensuring that when victims of trafficking and slavery come forward, the police are able to recognise that they have been victims.

Modern Slavery Bill

Caroline Nokes Excerpts

Tuesday 4th November 2014 Commons Chamber

I have no doubt whatsoever not only that our proposal to extend the GLA’s remit to other sectors of employment is long overdue, but that it will eventually pay for itself and, therefore, not be a burden on the Government. I ask colleagues to forget the red tape challenge and to consider people’s lives.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I will speak very briefly, but I want to commend the Government and my hon. Friend the Minister for bringing in this important Bill.

I vividly remember, more than two years ago, that some of the members of the Southampton Stop the Traffik group came to my constituency surgery to explain in detail some of the problems associated with people trafficking and modern-day slavery in the city and the wider area. When I mentioned those problems to other constituents, they found it shocking and could not believe that it was happening in somewhere such as Romsey. One key problem we face in tackling the scourge of slavery is that in many cases it is out of sight, and therefore very much out of mind.

I have absolutely no intention of being partisan on this issue. As a member of the Public Bill Committee, what came across very clearly to me was the massive consensus for having something on the statute book. It has taken a long time to get to this point—I know that previous Governments wanted to act—and there is a sense of pride that the current Government have brought forward legislation.

It is absolutely imperative to have a law that is practical and pragmatic, that will work and be enforceable, and that does not prescribe too tightly the roles of local authorities and of the anti-slavery commissioner in tackling the problem. We need such flexibility, because you can bet your bottom dollar that those involved in this illegal trade will also be flexible in seeking to find ways around new legislation. I therefore want the role of the anti-slavery commissioner to be able to adapt as time goes on, much as the role of police and crime commissioners is evolving in our counties. As their role evolves, so the anti-slavery commissioner’s role should be truly inventive and of critical importance. The Government are absolutely right to institute that role, but it must be given sufficient flexibility to allow it to develop over time.

[John McDonnell (Hayes and Harlington) (Lab)]

We are really short of time in this debate, so I apologise for taking more, Madam Deputy Speaker. If there are any talent spotters on the Government Front Bench, I think the right hon. Member for Uxbridge and South Ruislip (Sir John Randall) has an excellent role in the other place.

I chair the Public and Commercial Services Union parliamentary group—we are writing to the Gangmasters Licensing Authority about the new clauses in this group—but let me say that we have now gone beyond the stage at which we can continue to will the objectives without willing the means. Adequate staff and resources are needed to ensure that the GLA is effective.

To turn briefly to the new clauses and the amendment tabled in relation to prostitution, I apologise to all Members of the House for inundating them with briefings over the past 48 hours. I am very sorry, but this debate came up in a hurry, and it was important to give people the chance to express their views. I have always respected my hon. Friend the Member for Slough (Fiona Mactaggart), who is very well intentioned. I support new clause 7 because developing a strategy is critical, and amendment 1, which is the decriminalisation amendment, but I am fundamentally opposed to new clause 6, because it is worrying, counter-productive and dangerous. New clause 22 would give us the opportunity and enough time to undertake a proper review.

I know that sex work is abhorrent for some Members. I must say that in the years since I convened some of the first meetings of the Ipswich Safety First campaign in this House, after five women were killed there, I have met a number of men and women who were not coerced into sex work and do not want their livelihoods to be curtailed by the proposed criminalisation of their clients. It is true that I have met many others who entered prostitution to overcome economic disadvantage—they suffered in poverty to enable them to pay the rent and put food on the table for their children—but that has been made worse by welfare benefit cuts, escalating housing costs and energy bills. The answer is not to criminalise any of their activities, but to tackle the underlying cause by not cutting welfare benefits and ensuring people have an affordable roof over their heads and giving them access to decent, paid employment.

The whole issue has focused on the idea that by stopping the supply of clients, prostitution will somehow disappear, as will all the exploitation, trafficking and violent abuse. The Swedish model has been suggested as an example, but there was absolutely overwhelming opposition to it in the briefings that I have circulated. Those briefings have come from charities such as Scot-Pep—the Scottish Prostitutes Education Project—which is funded by the state; the Royal College of Nursing, the nurses themselves; and the Global Network of Sex Work Projects, which is another Government-funded organisation to get women and others off the game, that nevertheless says that the Swedish model would be counter-productive.

The Home Office has commissioned academic research, and I have circulated a letter from 30 academics from universities around the country that basically says that the proposed legislation is dangerous. We must listen to sex workers: the English Collective of Prostitutes, the Sex Worker Open University, the Harlots collective, the International Committee on the Rights of Sex Workers in Europe—flamboyant names, but they represent sex workers, and all are opposed to the criminalisation of clients.