Unaccompanied Asylum-Seeking Children

Caroline Nokes Excerpts

Wednesday 8th May 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Following a review of the existing funding arrangements, I have decided to make more funding available to local authorities supporting unaccompanied asylum-seeking children (UASC).

The review involved gathering detailed information and feedback from across the local government sector, and I am grateful to all those who contributed to producing a robust evidence base. This included over 50 upper tier or unitary local authorities, NGOs, the Local Government Association (LGA), Convention of Scottish Local Authorities (COSLA), the Association of Directors of Children’s Services (ADCS) and regional Strategic Migration Partnerships (SMPs).

After considering the evidence, I have decided that the rates currently paid at £71, £91 and £95 should be uplifted to £114 per UASC per night. This will apply to care provided from 1 April 2019 onwards.

Home Office funding for local authorities supporting UASC provides a contribution to their costs. The decision to increase these rates reflects the incredibly valuable work local authorities undertake with vulnerable UASC, and the Home Office commitment to supporting this.

[HCWS1543]

Overseas Students: English Language Tests

Caroline Nokes Excerpts

Tuesday 30th April 2019 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if he will make a statement on his review of the cases of overseas students falsely accused of cheating in Test of English for International Communication English language tests.

[The Minister for Immigration (Caroline Nokes)]

Test centres operated on behalf of the Educational Testing Service were the subject of a BBC “Panorama” programme in February 2014 that aired footage of the systematic cheating in English language tests at a number of its UK test centres. Further investigation demonstrated just how widespread this was, and the scale is shown by the fact that 25 people involved in organising and facilitating language test fraud have received criminal convictions. They have been sentenced to a total of over 70 years’ imprisonment, and further criminal investigations are ongoing.

There was also a strong link to wider abuse of the student visa route. A National Audit Office report in 2012 made it clear that abuse of that route was rife and estimated that in 2009—its first year of operation—up to 50,000 people used the tier 4 student route to work, not study. Most students who were linked to this fraud were sponsored by private colleges, many of which the Home Office had significant concerns about before the BBC investigation. Indeed, 400 colleges that had sponsored students linked to the ETS had already had their licences revoked before 2014.

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

The courts have consistently found that the evidence for invalid cases created a reasonable suspicion of fraud and was enough for the Home Office to act upon. It is then up to individuals to refute this, either through appeals or judicial reviews. Despite this, concerns have been expressed about whether innocent people could have been caught up in this. The Home Secretary has listened to the apprehensions of some Members, including the right hon. Member for East Ham (Stephen Timms), and has asked officials for further advice. The National Audit Office is also currently in the process of concluding an investigation into the handling of these issues, and this is expected to be published next month. Obviously, the Home Secretary has taken a close interest in the issue and will be reviewing the conclusions of the National Audit Office, and he will make a statement to the House once he has had time to consider the matter in full.

[Stephen Timms]

I thank the Minister for her answer, and I am pleased to see the Home Secretary in his place. I congratulate him on achieving one year in his role today. On his first day in the post, I asked him to take a careful look at this issue, and he said that he would. On 1 April this year, I asked him for an update. He said:

“We had a further meeting to make some final decisions just last week, and I will be in touch with him shortly.”—[Official Report, 1 April 2019; Vol. 657, c. 799.]

But in the month since, nothing has been announced. Many students face desperate hardship and need urgently to know the decision, because their future depends on it.

As the Minister said, the Home Office cancelled the visas of those who ETS claimed, from its analysis, had definitely cheated. The claim by ETS that almost 97% of those who sat their test had cheated seems completely implausible, but we will let that pass. Colleges had to expel those who had their visas cancelled. By the end of 2016, there had been more than 35,870 refusal, curtailment and removal decisions in ETS cases and more than 4,600 removals and departures. One estimate is that at least 2,000 of those denied visas are still in the UK.

In-country appeals were not allowed, but some have got cases to court. A growing number have convinced the courts that they did not cheat. One showed that he never actually took a TOEIC test, yet he had his visa cancelled because it was alleged that he had cheated in one. It has proved extraordinarily hard for students to obtain from ETS the recordings said to be of them taking the test. One computer expert told the Appeal Court that ETS’s evidence is worthless. The Appeal Court has criticised the Home Office’s evidence and said in 2017 that it was unlawful to force students to leave the country in order to appeal. Many of those affected speak excellent English so had no motive at all to pay someone else to take the test for them.

Thrown off their courses and denied any refund of their fees, the students cannot study or work. Some invested their families’ life savings to obtain a British degree. The savings have gone. They have no qualification and no income. They depend on kindly friends but say they could not endure the shame of going home with nothing, having apparently been convicted of cheating in the UK. Understandably, mental health problems are rife. Does the Minister agree that those who lost their visas on TOEIC grounds but remain in the UK should have the opportunity to sit a new test and, if they pass, obtain a visa in order to complete their studies and clear their names?

[Caroline Nokes]

I thank the right hon. Gentleman for his question. I will return at the outset to the comments I made about the National Audit Office report, which is expected to be published next month. The Home Office has been working closely with the NAO to provide information and evidence, and it is right that the Home Secretary has the opportunity to reflect on the report, consider its findings and come back to the House with a statement.

The right hon. Gentleman spoke about the court cases that have happened. Under the appeals framework, which is set by Parliament, and the Immigration Act 2014, there are no in-country appeals in the student route, through which these visas were issued, but the Home Office is taking a pragmatic approach. It is important to reflect that we are talking about fraud perpetrated back in 2014, and many people who have ongoing ETS litigation will potentially now have the right to bring a human rights claim. If they are refused under the human rights route, they will then generally have an in-country right of appeal.

There were an enormous number of cases where fraud was found, and matching showed that a number of individuals had taken repeat tests on behalf of thousands of people. There was a criminal trial at the start of this month, which saw a further five convictions. While I appreciate the strongly held beliefs of the right hon. Gentleman, it is important that we reflect that this was fraud on an industrial scale, and we should react responsibly.

[Huw Merriman (Bexhill and Battle) (Con)]

I declare an interest, as chair of the all-party parliamentary BBC group, because it was the BBC’s “Panorama” exposé that showed shocking examples of people reading out answers to those sitting the exams. As the Minister said, people have been convicted of fraud. While I have every sympathy with the individual cases, can the Minister ensure that we take very seriously the fact that our international standing as a centre for students will be harmed if we do not root out those who do wrong?

[Caroline Nokes]

My hon. Friend will be reassured to learn that 400 colleges that had sponsored students linked to ETS already had their licences revoked before the BBC “Panorama” programme. I am conscious that the student route was linked to widescale abuse, and my right hon. Friend the Prime Minister acted swiftly when she was Home Secretary to remove the licences of a number of bogus colleges. As I said, it is important that we work with the NAO, reflect on its findings and find a way to move forward and assist those who might have been wrongly affected.

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

The Government’s treatment of innocent students has been unacceptable. Driven by the hostile environment and the net migration target, about 34,000 students’ visas have been cancelled. Can the Minister tell us how many of those cases are ongoing? Are any of these students currently in immigration detention? What steps is she taking to identify and compensate students who were wrongfully removed?

The TOEIC visa scandal has been rumbling for years. The Government have lost case after case in the courts. My right hon. Friend the Member for East Ham (Stephen Timms) has been raising the issue in Parliament for over a year, and students have been protesting outside Parliament. The Home Secretary told Parliament a year ago that he would look carefully at the issue, but no concrete action has been taken. Does the Minister appreciate the urgency of this issue? Thousands of students are living in limbo, unable to work or study while they attempt to clear their names.

The Windrush scandal exposed a culture of disbelief in the Home Office, motivated by removal targets rather than careful consideration of cases. We were promised a culture change, yet the Home Office is again being investigated by the National Audit Office for its cruel and ineffective handling of immigration cases. Does the Minister accept that the years of suffering these students have endured is a result of the coalition Government’s decision to remove legal aid and appeal rights?

We need a swift resolution to all outstanding TOEIC visa cases. The students have asked to be allowed to re-sit the English language tests, and that is a sensible suggestion. The UK’s reputation as a welcoming place for international students is suffering tremendously. International students are vital to our universities. They enhance the experience of UK students and further our soft power abroad, not to mention subsidising the fees of home students, but reports over the weekend suggested that EU students will be required to pay international fees, which the Minister could not confirm or deny yesterday. We now have the TOEIC visa scandal. What will be next?

[Caroline Nokes]

The hon. Gentleman has chosen to focus on a very small number of students who may have had incorrect results. What we know, and what the evidence shows, is that our response back in 2014 was driven by systematic fraud that was perpetrated in colleges and has seen significant criminal convictions and sentences of 70 years. We are working with the NAO and through the courts. As I said, the Home Office has taken a pragmatic approach to the judicial reviews and appeals coming through the courts, recognising that many of these individuals have been in the country for a significant period. Of course, the ability to speak English in 2019 does not necessarily mean that an individual did not cheat in 2014 or could speak English to the required level then.

I would like to comment more on what we are doing for international students. The UK has a proud track record of attracting an increasing number of students to this country. I am sure that the hon. Gentleman will welcome the commitment in the White Paper to continue to have no cap on the number of foreign students coming here and to make a more generous offer for post-study work arrangements for students who choose to come here. It is important that we support our world-class institutions and celebrate the fact that we have five British universities in the top 20 universities globally, and that we saw over the course of the past year a 10% increase in the number of tier 4 visas being applied for.

[Rebecca Pow (Taunton Deane) (Con)]

I was pleased recently to go on a visit to China with the all-party China group, and we met many students there. The dream of many of those students was to come to the UK to go to university. It is therefore absolutely right that we tackle any fraud, and I am pleased by and thank the Minister for the way that she is dealing with this. We have to give clear signals that our world-leading education remains world-leading and that we have an open door for international students to come here to take advantage of that supreme education.

[Caroline Nokes]

My hon. Friend is absolutely right to point out the brilliance of UK universities. I would like to point to the increasing numbers of Chinese and Indian students at the university in my constituency, Southampton, which has done a brilliant job of attracting students from overseas, as indeed have many other institutions countrywide. We do ourselves a disservice if we turn a blind eye to abuse and fraud within the student route. My right hon. Friend the Prime Minister, when she was Home Secretary, took strong action in 2014 to close down bogus colleges, and she was absolutely right to do so.

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

First, I give my sincere congratulations to the right hon. Member for East Ham (Stephen Timms) not only on securing this urgent question but on the manner in which he has relentlessly pursued this issue, which is finally getting the attention it has long deserved. For far, far too many people, this episode represents an absolute travesty of justice. When the Home Office discovered that ETS had completely failed to prevent widespread cheating—indeed, that some ETS staff were actively involved in facilitating it—it should have sacked the company and sought compensation from it. Instead, unbelievably, the Home Office asked ETS to mark its own dodgy homework and re-check the tests. How can that possibly be justified? The Minister referred to evidence, but in fact we are talking about the totally opaque say-so of ETS, on which basis the Home Office decided that thousands of students were guilty, and their lives were subsequently ruined. There is an abundance of evidence that a large number were totally innocent. They deserve an apology, and much more than that. Will she, at the very least, reverse the draconian repeal of in-country appeal rights that deprived many of justice? Will she agree to all that cross-party MPs have been demanding, including, as the right hon. Gentleman said, new tests and restored visas for those who pass, because that is the bare minimum that needs to be done to right this wrong?

[Caroline Nokes]

The hon. Gentleman will of course be aware of the expert report by Professor Peter French that concluded that false matches were likely to be very small—in the region of 1%—and more likely to give people the benefit of the doubt than to falsely flag people as having cheated. The courts have always said, even when finding against the Home Office on individual facts of a case, that the evidence was sufficient to make accusations of fraud. Of course he will recall from our exchanges during the passage through Committee of the Immigration Bill that this company was suspended from the immigration rules in July of that year and that the Home Office did take legal action against ETS in a case that was settled last year.

[Nigel Huddleston (Mid Worcestershire) (Con)]

The National Audit Office said that up to 50,000 apparent students came to the UK to work, not study, under the Labour Government back in 2009-10, so obviously action needed to be taken to stamp out abuse. I appreciate the Minister’s tone in being willing to listen to the current concerns. Can she assure me that the UK will continue to be open to genuine international students and that we will not put a cap on the numbers who can come here? [Interruption.]

[Caroline Nokes]

As my right hon. Friend the Home Secretary just said from a sedentary position, “More open”. Those words are included in the immigration White Paper that was published in December last year. We indicated that there would be no cap on international students and that we wished to make the post-study work regime more generous. However, it is important to reflect that this was about systematic fraud being perpetrated. We took action to stop it then. We must continue to be robust in making sure that we have high standards and requirements for English language testing—that is very important. I absolutely agree that we must celebrate the success of our universities and continue to work hard to attract international students.

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

I welcome the NAO investigation into this issue. I sense from the Minister’s tone that, while she obviously cannot anticipate the NAO’s report, she is expecting it to raise questions about decision making in individual cases. In that light, may I ask whether she and the Home Office are now looking much more widely at some of the issues that have been persistently raised about the inaccuracy of Home Office decision making in very important immigration cases? What is being done to address some of the cultural problems that have been raised time and again about these decisions, which have such a huge impact on people’s lives and have to be got right?

[Caroline Nokes]

It would be wrong to prejudge the NAO report, but I would like to reassure the right hon. Lady that Home Office officials have worked closely with the NAO, providing it with information and evidence where requested. As she will know, we are conducting a number of reviews in the Home Office, including, following Windrush, the Wendy Williams lessons learned review, and the forward-looking borders, immigration and citizenship services review. Every day in the job as Immigration Minister, one sees individual cases of people who are impacted by our policies and our rules. It is important that we reflect very closely on that and make sure that we have a review of our BICS system that provides the human face of the Home Office that both the Home Secretary and I are very keen to ensure is seen.

[Bob Blackman (Harrow East) (Con)]

International students coming to this country are a vital source of our soft power because they are friendlily disposed to the United Kingdom after they have studied here and returned home. However, it is clearly important that those people can speak English before they arrive. What message is my right hon. Friend taking to the British Council and other institutions that work abroad to encourage young people to learn English before they come to this country so that they can satisfy the tests and fulfil their destiny?

[Caroline Nokes]

It is really important that this is a matter not simply for the Home Office but for the Foreign Office and for Government Departments across the whole piece. We want to encourage foreign students to come here to study at our world-class institutions because we know that when they return home after a period of study they take fond memories with them and have a relationship with the UK that lasts throughout the rest of their lives. It is therefore important that we continue to work to promote our great universities. As part of that, there are a number of campaigns, including the GREAT campaign, which does fantastic work promoting the benefits of study in the UK. It is important that that should be a joint piece of work with the Home Office, the Foreign Office and the Department for Business, Energy and Industrial Strategy to make sure that we continue to promote the UK as a brilliant place to study.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

I echo the very decent sentiments that have been expressed by Members in all parts of the House regarding our horror for the innocent students who are caught up in this trap. I have been here for two years and I am not an expert in home affairs, but there does seem to be a bit of a case history with the Home Office. We have had misfortunes and carelessness, and now we have this. Is now not the time for the Government to seriously consider taking responsibility for immigration, and all we are talking about today, and putting it into a separate Government Department where Ministers can concentrate solely on that?

[Caroline Nokes]

It is important to reflect that this was a fraud perpetrated in 2014. It is not new. The Government responded then to a systematic fraud, took action and we have seen criminal convictions as a result. However, the hon. Gentleman has made an interesting suggestion about the future of the immigration directorate within the Home Office. Unfortunately, the Home Secretary left moments before he made that point, but I am certain that it will not be lost on him.

[Mike Wood (Dudley South) (Con)]

What happened to some members of the Windrush generation, through no fault of their own, was simply inexcusable, but at the root of these cases is a fraud that was conducted on a quite industrial scale. Is it not hugely insulting to members of the Windrush generation to try to draw a parallel between the two cases?

[Caroline Nokes]

I certainly would not draw a parallel. This was criminal behaviour and there have been significant sentences imposed on those who were perpetrating the fraud. Indeed, there are ongoing criminal investigations whereby we may yet see more convictions. It is important that we take stock of this and that we reflect on the NAO report when it is published and made available to us. As I have said, the Home Secretary will come to the House and make a full statement when we have the NAO findings. He continues, and indeed I continue, to review this situation and work out what is the best way forward.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

There is no doubt that we are concerned not about those who have committed crimes but about the innocent people who have been caught up in this. If the Government were so confident in ETS, they would not have stopped using ETS. In that context, what financial settlement was reached between the Home Office and ETS after its licence was revoked?

[Caroline Nokes]

As I mentioned earlier, the licence was revoked in July 2014, and the Home Office moved swiftly to revoke that licence. Action was taken against ETS but, because of the commercial sensitivities, I am afraid I cannot divulge details. However, I will ascertain from Home Office lawyers whether I can write to the hon. Lady and let her have that information.

[Wes Streeting (Ilford North) (Lab)]

No one doubts that there was criminal behaviour and cheating, but it has been weeks since we were promised a decision by Ministers, months since we met the Home Secretary to outline concerns about people who had been wrongly implicated, and years during which these students have had their lives left in complete limbo, with them suffering mental ill health, financial hardship, family breakdown and a whole range of other detrimental consequences as a result of being accused of cheating—wrongly—by the British state. When will the Government finally get their act together? The longer this rolls on, and the longer people are caught up in expensive judicial action or lengthy, bureaucratic immigration appeals, the longer that is wasting their time, wasting their lives and wasting taxpayers’ money. Enough is enough.

[Caroline Nokes]

I gently remind the hon. Gentleman that those who were found to have a questionable result following the ETS investigations were given the opportunity to take a second test to establish their ability to speak English, so they could have taken that option. He was quite aggressive in his questioning, but I must reiterate that I think it is right, and the Home Secretary thinks it is right, to wait for the outcome of the NAO report, which we expect next month.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

Nobody is claiming that everybody is innocent. The Minister has quoted legal cases, and those who are guilty deserve everything that they get. However, the Home Office has also lost judgments in the courts. ETS evidence is quoted by the Minister, but that evidence has been challenged and undermined, and now we have a National Audit Office inquiry. Will the Minister confirm that she believes and accepts that there are some innocent students caught up in this mess?

[Caroline Nokes]

It is important to note that there have been a number of legal cases where students have challenged the decision through judicial review and subsequent immigration appeals. Some of those cases have been upheld by the courts, but not in all instances was that because those people were not thought to have cheated in the test; it was actually because they had been in the UK for such a long time that they had an established article 8 human rights claim to be here, and the Home Office is taking a pragmatic approach to those cases. However, I am very conscious that we have legislation that requires there to be no in-country right of appeal under the student route, and these people were here under the student route. It is right that we wait for the NAO findings, that we reflect on those and that we find a way forward.

[Alison Thewliss (Glasgow Central) (SNP)]

One of my constituents, who had been in the UK since 2005, was detained in Dungavel for 10 days because the Home Office claimed she had overstayed and had used deception in her TOEIC test. Neither of those things was true. The first tier tribunal found in her favour; the Home Office appealed, and the appeal was thrown out. It appealed to the upper tier tribunal, but the appeal was then withdrawn. My constituent has been fighting the Home Office for five years. Will the Minister apologise to her and let her and her three-year-old daughter get on with their lives?

[Caroline Nokes]

Unfortunately, the hon. Lady has not provided any information, and I cannot comment on an individual case on the Floor of the House, but if she cares to write to me about the case, I will look at it.

[Mr Clive Betts (Sheffield South East) (Lab)]

I congratulate my right hon. Friend the Member for East Ham (Stephen Timms) on raising this issue and pursuing it so strongly. People’s lives have been put in limbo. Since 2014, my constituent Mr Muhammad Arsalan has not been able to work, study or get access to the NHS. That is not because he has been found guilty based on any evidence, but because he has been found guilty by association. If people have cheated, they should face the full force of the law. However, my constituent has not been able to appeal, because he is in country. Yes, he can now challenge on human rights grounds, but that takes time and money. Will the Minister therefore look at the suggestion from my right hon. Friend that, dependent on the outcome of the current investigation, she consider the idea of these people being allowed to sit another test to prove that they are competent in English?

[Caroline Nokes]

As I have said, we are going to wait for the findings of the NAO. However, it is important to confirm that the Home Office is looking at a range of options as to how we can find a way forward from this situation. The Home Secretary has been pleased to meet a number of Members on this subject. It is a recurring subject of parliamentary questions and Westminster Hall debates. We are looking at it closely, and I hope we will find a way forward when we have had a chance to reflect on the NAO findings.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister rightly talks about the importance of international students, but she will know that our market share fell from 12% in 2010 to 8% in 2016. We are falling behind competitor countries because of reputational damage, and that reputational damage has been added to by people being treated wrongly in this case. Will the Minister therefore tell the House what she will do to restore our reputation and to address some of the concerns about policy issues that have led international students to choose other countries over Britain?

[Caroline Nokes]

It is important to reflect that overall numbers are up—indeed, they are up 10% in higher education institutions in the last year alone. Of course we want to make sure that the UK can still provide a good and attractive offer to students. I commend to the hon. Gentleman the White Paper published in December, which sets out some of the ways we plan to make that possible.

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

Yesterday, we had an urgent question about tuition fees for EU nationals post Brexit. Can the Minister confirm whether EU nationals will be required to sit the TOEIC test post Brexit?

[Caroline Nokes]

I thank the hon. Lady for that question. At the current time, there have not been any policy decisions that I am aware of with regard to the English language test. However, it is important—and we have said very clearly in our White Paper—that we will have a single, global system for immigration, where people from all countries will be treated equally.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I am grateful to the right hon. Member for East Ham (Stephen Timms) for securing this question, and I welcome the NAO’s investigation into this issue. I have no doubt that there was systematic cheating, but I seriously doubt the scale—the ETS figures show that only 3.5% of the people who sat the test did not cheat, which seems incredible. What assessment has been made of the number of people whose visas were revoked who are still in the UK, and what would the cost be of allowing them to sit a new English test?

[Caroline Nokes]

I made the point earlier that evidence of ability to speak English now does not provide evidence of ability to speak English back in 2014. What the courts have consistently found is that the evidence we had in 2014 was sufficient to make accusations of fraud. This was wide-scale, and we saw enormous numbers of proxy tests being taken on behalf of individuals for a wide variety of reasons. The Government acted swiftly to clamp down on bogus colleges and to revoke the licence of ETS. However, it is important that we reflect on the situation of those who remain in this country and, as I have said, the Home Office has taken a pragmatic approach when looking at the article 8 claims of individuals who have been caught up in the TOEIC issue.

Migration Advisory Committee

Caroline Nokes Excerpts

Tuesday 30th April 2019 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is always a pleasure to serve under your chairmanship, Mr Hollobone, and I congratulate my hon. Friend the Member for Camborne and Redruth (George Eustice) on securing this debate. He put his view forward with customary forthrightness, and I would expect nothing less from him. I am grateful to him for giving me the opportunity to shine a bit of light on the work of the Migration Advisory Committee. It plays a very important role in the development of immigration policy and its work is often in the spotlight, but there is far less discussion of the committee’s membership and composition.

We are lucky to have the MAC. Although there are no members of Her Majesty’s Opposition here to hear me say this, the then Labour Government’s establishment of the MAC back in 2007 was possibly one of the best things they did in the field of immigration. Creating the MAC has enabled successive Governments to have a source of informed, authoritative and impartial advice on some of the most contentious and thorny questions of immigration policy. The readiness with which successive Governments have accepted the MAC’s advice is a testament to the quality of that advice and to the value and wisdom of having such a body. It is noteworthy that a number of other countries have now sought to emulate our approach by appointing their own expert bodies to advise them on immigration policy.

As my hon. Friend said, the MAC is made up of a chair and five members, whom he described as proficient economists. I might go somewhat further and describe them as eminent labour market economists and migration experts working in universities and think-tanks, who bring considerable skills, expertise and experience to their role. Indeed, I venture to suggest that they are some of the finest minds in their discipline in the United Kingdom. The chair and the members are appointed through a process of fair and open competition, in accordance with Cabinet Office rules on public appointments. The MAC is supported by a secretariat made up mainly of Government economists drawn from across the civil service, but it remains independent of the Government.

It has been suggested—indeed, this was the main thrust of my hon. Friend’s comments—that the MAC or a successor body would benefit from having a wider range of members, and that it should include not just academics but, for example, people working in industry. I want to make three points in response.

First, advertisements for MAC members do not stipulate that they have to be academics. As I have said, fair and open competition is used, and there is nothing to prevent a person working in any field from being appointed, provided he or she is the best candidate. My hon. Friend might be interested to know that the advertisement listed experience of working in or with business as one of the desirable criteria that candidates were asked to display.

Secondly, the MAC always seeks to proceed by consensus, and all its reports are unanimously agreed. There is a danger that that approach could be damaged if it were made up people who felt the need to represent and argue for the concerns of particular sectors or vested interests.

Thirdly, I am not sure where we would draw the line in any such approach. My hon. Friend suggested that the MAC, or a body that replaces it, should have business representatives among its members, but there are millions of businesses in the UK and many representative bodies that speak for their interests, including the Confederation of British Industry, the Federation of Small Businesses, Make UK and chambers of commerce up and down the country, to name but a few. I am not sure whether my hon. Friend is suggesting that they should all have a seat. If businesses are to be represented, what about the trade union movement, charities, voluntary organisations, local government and, of course, the NHS, which is a major employer of migrant labour? Pretty soon we might have a body so large and unwieldy that it would struggle to advise the Government sensibly.

The MAC has been very busy indeed over the past few years. My hon. Friend mentioned one of the two important reports it produced last year. The first was on international students, and the second on the impact of European economic area migration. I recognise that not everybody agrees with its conclusions, particularly in the EEA migration report—my hon. Friend is among those who do not share its views—but producing a report that commands universal support would be beyond any committee or organisation, however constituted, given how contentious immigration policy is. Moreover, I do not think anyone can dispute the thoroughness and rigour of the MAC’s approach.

My hon. Friend invited me to tell him that I have travelled the country meeting businesses, trade unions and others. I certainly do that, but so has the MAC, and it will continue to do so. For its report on EEA migration, it took evidence from a wide range of organisations and individuals, and visited every nation of the United Kingdom and every part of England. As its interim report states, it met more than 130 organisations and stakeholders representing every sector of the UK economy, and it received 417 written submissions. It weighed all that evidence very carefully before it came to its conclusions. It is important that people do not let their disappointment with the recommendations translate into an attack on the effectiveness of the independent body that produced them.

My hon. Friend went as far as to say that the MAC’s report was cut and pasted from a textbook. Far from it. It was the result of a great deal of evidence taking, research and work, which took many months. It is incredibly important to recognise that the MAC’s recommendations are exactly that—recommendations. The hon. Member for Belfast East (Gavin Robinson) suggested that I have the ability to hear and ignore. I also have the ability to hear and listen. This year, as part of our White Paper engagement, we are taking the opportunity to listen to a wide range of views from across the country and from a variety of sectors. Immigration policy is a matter for the Government. As my hon. Friend the Member for Camborne and Redruth knows, not least because he was involved in this when he was a Minister at the Department for Environment, Food and Rural Affairs, the Government’s intentions for the UK’s future skills-based immigration system were set out in a White Paper that was published last December, which we have described repeatedly as the start, not the end, of the conversation.

Time does not permit me to cover the White Paper in detail, beyond making it very clear that our engagement has started. So far, more than 60 meetings have been held to discuss the proposals contained within it. To date, I have met representatives of several significant sectors, and I will continue to do so over the course of the next few months. We will not make a final decision on the proposals in the White Paper until that process has been completed. In parallel with that, the MAC is reviewing the composition of the shortage occupation list, and is undertaking an extensive evidence-gathering process to help its deliberations.

We have heard views this afternoon from across the country, including Northern Ireland, Scotland and the south-west. Hon. Members mentioned a variety of sectors, including social care, farming, fishing and hospitality, but there are many others that we often hear less of. I am particularly struck that the road haulage and distribution, veterinary science and retail sectors rely significantly on migrant labour. When we consider the views that are fed into the MAC, it is important that we do not cherry-pick which parts of industry and which sectors we listen to. We must listen to them all, and to every part of the country.

[George Eustice]

I am very grateful to the Minister for setting out her approach. Does she agree with a point that a number of hon. Members made, which is that a coherent approach to setting numbers for migrants coming here would be to look at a range of different sectors so we can make the best judgment about the number of migrants we want to come into the country for the time being—albeit perhaps on a short-term work permit? The MAC has done something very different. It has set out a plan to socially engineer a change to our economy. Its plan is to force the closure of certain industries by denying them access to the labour they need. That is what is wrong.

[Caroline Nokes]

My hon. Friend will be aware, from the White Paper and the Government’s proposals, that although we have listened to the MAC, we have not relied exclusively on its opinions. The MAC did not include any suggestion of a temporary workers route for skills that do not fall within the categories that it has designated—I hate to use the term “lower skilled”, and if I have a few minutes at the end, I will try to expand on why. We are very conscious that there are industries and sectors that need people with different skills. The temporary workers route, which we included in the White Paper as a point for engagement and discussion, was not included in the MAC’s report. I am very conscious that, although we have to listen to the views of expert economists, we have to come up with a coherent policy that will work for every sector of industry, every part of the economy and the whole of the United Kingdom.

My hon. Friend makes a big pitch for tier 3, and we can have a long conversation about “lower skilled”. He and I are conscious that there are many occupations that do not fall neatly into the categories of “high skilled” or “medium skilled”. When we talk about lower skill levels, I always try to find different language. There are many people working in health and social care or in farming and fishing who have skills that do not fall neatly within academic qualifications but are absolutely essential if those business are to be able to find staff, and to remain vibrant and profitable. That is part of the jigsaw puzzle that we are putting together over the course of the year.

The White Paper makes it clear—my hon. Friend may disagree with this—that we envisage an expanded role for the MAC in the future. As well as responding to specific commissions from the Government as it does now, it will have a wider role to produce an annual report on all aspects of Government immigration policy. It will have the ability to consider and make proactive recommendations on any aspect of that policy. The White Paper is clear that we want to consider the MAC’s composition, status and remit, potentially including expanding the chair’s post. I have certainly heard my hon. Friend’s pitch about appointments to posts in the MAC. I emphasise again that that is always done through fair and open competition. We want the best people—people with experience and expertise—and it is crucial that we build on our existing model, rather than create something new from scratch.

I am grateful to my hon. Friend for enabling us to debate these important matters. He, like other hon. Members, has strong views about this. I remain convinced that the MAC model has served the UK and successive Governments well, and that we should enhance and strengthen it so that, in an area as important as immigration policy, the Governments can continue to make policy on the basis of the best possible independent and impartial evidence-based advice.

Question put and agreed to.

EU’s European Travel Information Authorisation System

Caroline Nokes Excerpts

Wednesday 24th April 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

The Government have decided to opt in to the aspect of the draft regulation that establishes the conditions for the access of the European travel information authorisation system (ETIAS) to the European criminal records information system (ECRIS-TCN), and has decided not to opt out of the aspect of the draft regulation that establishes the conditions for the access of ETIAS to the second Schengen information system (SIS II).

ETIAS is the EU’s travel authorisation system that visa-exempt visitors (third country nationals and stateless persons) will have to apply to prior to their entry in the Schengen area. The UK does not participate in ETIAS as it forms part of Schengen border legislation that the UK cannot participate in, but the UK fully supports the EU’s efforts to strengthen its external borders of which this forms part.

Under this proposal, an ETIAS central unit will access EU information technology systems to support their considerations, specifically ECRIS-TCN and SIS II. Once implemented, the regulation will allow the EU to revoke a grant of admission to a third country national if a relevant alert is identified from data the UK has uploaded to the ECRIS-TCN or SIS II databases. The European Commission has been working towards 2021 as the date from which ETIAS would become operational, but the date might be extended to 2023.

Whilst there are advantages to the EU from ETIAS having access to UK’s data, there are no obvious operational or public protection benefits for the UK given it involves the provision of data to a scheme that the UK does not participate in. However, a significant argument in favour of participating is to prevent the UK’s non-participation from giving rise to issues around UK access to SIS II or ECRIS-TCN in future.

Until the UK leaves the EU we remain a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case by case basis, with a view to maximising the UK’s efforts to collaborate with the EU on a security partnership once the UK leaves the EU, including on SIS II and ECRIS-TCN.

[HCWS1518]

EU Settlement Scheme: Emails

Caroline Nokes Excerpts

Thursday 11th April 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

The EU settlement scheme is an integral part of protecting the rights of EU citizens who have made their homes here in the UK, giving them an easy way of demonstrating their status in this country so that in years to come we do not find ourselves in a position where people have issues making clear the rights that they have. The scheme, which is free of charge, is performing well and over 400,000 EU citizens have already applied, with over 50,000 applications received on the opening weekend.

The Home Office receives a large number of inquiries in relation to the scheme. When responding to generic enquiries, responses are sent in batches. The process for this is such that recipients would not normally be able to see the other email addresses. Regrettably, it has come to my attention that on Sunday 7 April three emails were sent that did not follow the appropriate procedure and 240 email addresses were made visible to other recipients. No other personal data was included in the communication.

We have written to all individuals who received this email to apologise. The departmental data protection officer has been informed and the Department has voluntarily notified the Information Commissioner’s Office of the incident. An internal review is also underway to determine the details of what happened and the lessons that need to be learned.

The Home Office takes its data protection responsibilities very seriously and is committed to the continued improvement of its performance against the UK’s high data protection standards. As a Department we have been taking steps to ensure we have the culture, processes and systems in place to treat the public’s personal data appropriately.

As a further immediate step we have put in place strict controls on the use of bulk emails when communicating with members of the public to ensure this does not happen again as lessons are learned. An independent review of the Department’s compliance with its data protection obligations has also been commissioned which will be led by non-executive director Sue Langley and will report in due course.

[HCWS1508]

Windrush Compensation Scheme

Caroline Nokes Excerpts

Tuesday 9th April 2019 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

(Urgent Question): To ask the Home Secretary if he will make a statement on the Windrush compensation scheme.

[The Minister for Immigration (Caroline Nokes)]

Righting the wrongs done to the Windrush generation has been at the forefront of my right hon. Friend the Home Secretary’s priorities. Last week, on 3 April, she made a statement to this House setting out the detail of the compensation scheme and announcing that it is now open to claims.

The Government deeply regret what has happened to some members of the Windrush generation and the launch of the compensation scheme marks a key milestone in righting the wrongs they have experienced. The scheme will provide payments to eligible individuals who did not have the right documentation to prove their status in the UK and suffered adverse effects on their life as a result. These could range from a loss of employment or access to housing, education or NHS healthcare, to emotional distress or a deterioration in mental and physical health.

Information on the scheme is now available. The claim forms and guidance notes can be found on the gov.uk website or requested from the freephone helpline. The scheme rules and caseworker guidance were also published online on 3 April. The helpline is already receiving calls and claim forms are being sent out. The Home Office has also started a series of engagement events. The first event was held in Brixton last Friday and the next event is scheduled for Southampton this Friday.

In due course, we will publish information on the scheme through our existing monthly reports to the Home Affairs Committee, including information on the number of claims submitted, the number of claims paid and the overall amount paid out by the scheme.

[Mr Lammy]

I should not need to remind anyone in this House that the Windrush scandal is a national disgrace. At least 11 people who were wrongly deported from the UK by their own Government have died. At least 164 British citizens were wrongly deported or detained. Home Office officials have told the media that 15,000 individuals may have been harmed by the contempt that their Department showed.

Last week, one year since the scandal broke, the Home Secretary finally announced the compensation scheme, to begin the process of reconciliation for the Government’s grievous errors. The Home Secretary apologised again, on behalf of the Government, for the failings and repeated his promise to do right by the Windrush generation. Crucially, he told members of this House:

“There is no cap on the scheme”

and

“it will be based on people’s needs”.—[Official Report, 3 April 2019; Vol. 657, c. 1048.]

His words seem to have provided false reassurance.

In the response to the Windrush compensation scheme document that the Home Secretary brought to this House, there was no detail of caps. Instead, that was quietly published online in a separate compensation scheme rules document, slipped out later on 3 April. MPs therefore had no chance to scrutinise or question the truth that his Department had set out incredibly strict caps to be awarded for different losses—a £500 payment for legal costs incurred; £500 for people who had been denied the chance to go to university; £1,000 for those wrongly obliged to leave the country under a so-called voluntary return scheme; and a mere £10,000 for people who were wrongly deported. Victims have correctly described these payments as “peanuts” and “insultingly low”.

I say to the Minister: £10,000 is less than one Secretary of State’s gross salary per month. Is that all that a person will have lost if they have been locked up, if they have been deported, if they have been made homeless, because £10,000 is all that they would get from her Department? Is this all it costs someone to be denied access to their family and friends for years or decades—to their own country? Is this the price that you put on my constituents being deported for no wrongdoing and nothing that they have themselves done? Is this how this Government value the lives of black Britons? I say to the Minister: you promised to do right by the Windrush generation, but quite rightly many of them think that they have been misled.

Let this be the final betrayal of the Windrush generation. Scrap the caps, and compensate them properly for the wrongs that have been done to them.

[Caroline Nokes]

I thank the right hon. Gentleman for his question. He is of course right to emphasise how important it is that we right these wrongs. I would like to give some further explanation. It is important to reflect that while we have worked very closely with Martin Forde to establish both the tariff-based scheme and actuals, so where people could evidence specific losses, they would be reimbursed for those losses, actually these different heads of claim, which can be claimed for, need not be in the singular but can be cumulative. There is also a discretionary category, which will enable people to claim for other losses, not necessarily identified within the scheme, which is uncapped. [Interruption.] The detail is provided in the scheme online, but it is important to reflect that while there is a tariff set at £10,000 for somebody who was wrongly deported, of course that could be in conjunction with other parts of the claim, which could add up to significant sums in addition to that.

[Henry Smith (Crawley) (Con)]

In addition to the Windrush compensation, can my right hon. Friend say when we will see pay-outs for the Chagos compensation scheme, which was set several years ago at £40 million to that exiled community over 10 years?

[Caroline Nokes]

My hon. Friend will be conscious that this urgent question is about the Windrush compensation scheme, but he will no doubt be reassured to hear that last week, when I met high commissioners from across the Commonwealth, that issue was raised with me, and I will be working closely with Home Office officials to update him on that.

[Mr Speaker]

Ooh, it is very striking to see the right hon. Member for Haltemprice and Howden (Mr Davis) and the right hon. Member for Sutton Coldfield (Mr Mitchell) beetling off together. It is almost certainly a conspiracy—but probably a conspiracy in the public interest, I feel sure.

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

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important urgent question.

The whole House knows that the Windrush generation was let down by successive Governments, Labour and Conservative, but with this derisory compensation scheme, the Windrush generation has been let down once again. I draw it to the attention of the House that although I did get early sight of the Home Secretary’s statement on 3 April, I was not provided with early sight of the scheme rules, and I appreciate the opportunity to question the Minister on them today.

This scheme compares very unfavourably with the criminal injuries compensation scheme, whose awards are aligned with compensation for loss under common law. Claimants are also allowed a statutory right of appeal of awards. They are also allowed legal aid for those appeals. None of that is true in any meaningful sense in the case of the Windrush victims. How can the Minister possibly justify that?

The Opposition believe that the Home Office must pay for losses actually incurred. For instance, claimants will be paid just £1,264 for denial of access to child benefit. It is easy to quantify what people would have lost altogether. Why cannot they get that exact sum of money back, plus interest? There is only £500 for denial of access to free healthcare. It is easy to quantify how much people had to spend when they had to access private healthcare. Why cannot they get that money back?

On awards, the scheme provides compensation for detention. However, in the false imprisonment case of Sapkota v. Secretary of State for the Home Department, the courts upheld three common law principles. First, detention is more traumatic for a person of good character. Secondly, a higher rate of compensation is payable for the first hour. Thirdly, historic damages awarded in precedent cases must be adjusted and uplifted to present-day values. The deputy High Court judge in that case awarded Mr Sapkota £24,000. This proposed scheme provides nothing like those common law damages.

The amounts offered for wrongful denial of access to higher education are pitiful. The scheme offers just £500, but all the research shows that the lifetime benefit of access to higher education is counted in tens of thousands, if not hundreds of thousands, of pounds.

This scheme is shoddy, unfair and unjust. Ministers did not make all the information available to Her Majesty’s Opposition when we were able to respond to the scheme. Some might say—I will not say it—that Ministers were attempting to conceal the reality of the derisory nature of their scheme. Above all, the Home Secretary said there was no cap. These tariffs are a cap. We are asking Ministers, even at this late stage, to review these unfair tariffs, remove the cap, and give this generation the justice they deserve.

[Caroline Nokes]

I thank the right hon. Lady for her comments, but given that the rules and guidance were published on the same day as the Home Secretary made the statement, it is somewhat unfair to suggest any attempt to conceal the scheme. Far from it: we have sought to publicise the scheme and to reach out to posts across the world with a selection of communication tools, and we invited high commissioners into the Home Office last Thursday to emphasise the scheme to them.

I will comment briefly on the published Home Office ex gratia scheme that was already in place and to which the Home Office and Martin Forde referred when considering this scheme. The ex gratia scheme provides a maximum £1,000 for someone who has been wrongfully deported. In arriving at the £10,000 figure for deportation, the Government considered that alongside the case law evidence of courts awarding a range of damages subject to individual case details. We regarded £10,000 as a more appropriate figure than the £1,000 in the existing scheme, which has been in place for many years.

The right hon. Lady mentioned the scheme of review. We have put in place a two-tier review: first, an internal review, whereby someone who is not content with the original decision can have it referred to a senior caseworker who was not involved in the original decision; and, secondly, independent of the Home Office, another tier of review will be considered by Her Majesty’s Revenue and Customs independent adjudicator.

With regard to caps on payments, this scheme is both tariff and actuals-based. The right hon. Lady raised the issue of those who might have been denied NHS care, where the tariff scheme involves an award of £500. However, if an individual incurred private healthcare costs, the actuals will of course be repaid. The Home Office is determined to work with its own information and with data held by other Departments and indeed by individuals more widely, so that we help claimants to establish their actual level of loss, where that is the most appropriate route.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate you, Mr Speaker, on granting this urgent question, and the right hon. Member for Tottenham (Mr Lammy) on tabling it. I commend the Minister for her work on the scheme; it is one that I very much welcome. How accurate are press reports that up to 600 people may have made false or fraudulent claims to the scheme?

[Caroline Nokes]

It is absolutely right to reflect that the scheme has been open only for very few days so far, but we have received claims, registered them and sent out claim forms, which we are expecting back. I am not aware of any fraudulent claims to this scheme, and I am very conscious that we have put in place a rigorous process, which will enable all claims to be assessed fairly and indeed with full rigour. It is important to reflect that the Home Office is determined to work with individual claimants. There may be cases in which Home Office data enable us to assist people to determine the level of claim, and we are absolutely determined to do that.

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

I congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this important urgent question. It is imperative that the victims of the Windrush scandal are compensated justly for the terrible treatment that they endured.

I was a member of the Joint Committee on Human Rights which took evidence from two of the victims of this disgraceful scandal. Anyone who heard their testimony about the effect of wrongful detention, and of years of persecution and threatened deportation, would regard some of the amounts in this scheme as derisory. After a year-long wait for the compensation scheme, it is disappointing that it has serious flaws, some of which have already been enumerated by others. It seems to be a great deal more mean than was suggested by the Home Secretary at the Dispatch Box, when he said that there would be no cap on the scheme. A cap, however, has clearly been introduced through the back door by applying internal caps on pay-outs, which will equate in effect to caps on how much individuals receive.

As has been said, some of the pay-outs under the scheme are wholly unacceptable: £250 per month for people who were rendered homeless as a result of that unjust treatment; or a maximum award of £500 for legal affairs. The Home Secretary refuses to compensate people for the full cost of immigration law advice; he claims that they do not need legal advice to make an immigration application. Any of us who deal with immigration matters in our constituency surgeries knows that not to be the case. Those of us who study closely the Home Office files of the individuals who gave evidence to the Joint Committee on Human Rights will tell you that only with the assistance of lawyers did they manage to disentangle themselves from this mess.

Is it not time for the Home Secretary to admit that removing legal aid from immigration matters was a huge error? The Government must fully compensate those of the Windrush generation who had to pay out of their own pockets to defend themselves against that state injustice. Will the Minister accept that the minimal pay-outs under this scheme will achieve nowhere near justice for such people? Does she agree that, if the Government were truly serious about rectifying the wrongs of the scandal, they would look at this scheme anew and scrap the hostile environment, which already threatens to have the same impact on European Union citizens applying for settled status.

[Caroline Nokes]

I thank the hon. and learned Lady for her questions. She commented on the long wait for the scheme. She will of course recognise that not only did we appoint Martin Forde as an independent adviser to the scheme, but he came to the Home Office to ask for additional time, so that the consultation period could be open for longer. More than 1,400 responses were received to the consultation, and it was absolutely right to give adequate time for the responses to be considered carefully and thoroughly.

The hon. and learned Lady will be aware that the scheme includes both a tariff category and actuals. It is important to reflect that, where actuals have been accrued, the Home Office seeks to reimburse people through those fees. However, we recognise that it may be hard for people to provide evidence of actuals, which is why it was so necessary to put a tariff scheme in place as well, so that people would not be dependent simply on being able to provide the evidence.

The hon. and learned Lady made a wider point about the complexity of the Home Office’s immigration scheme. She will no doubt welcome the consultation on that being carried out by the Law Commission. If she has not already done so, I hope that she responds to that consultation before it closes, which I believe to be imminent.

[Richard Graham (Gloucester) (Con)]

Out of darkness can come light, and I therefore welcome today’s announcement, which builds on the earlier announcement and progresses the whole issue of compensation for those badly affected in the Windrush immigration scandal. In the Immigration Minister’s report, I particularly welcome paragraph 4.18, which clearly lays out compensation for employment, and 4.20, which does the same for benefits. I have one constituent—possibly two, but one definitely—who will deserve compensation in both those categories. Will my right hon. Friend the Minister confirm news about the telephone hotline and tell us how our constituents may access help with application forms, which can be a challenge, for the older generation especially?

[Caroline Nokes]

My hon. Friend is right to point out that claim forms can sometimes be difficult and onerous, for the elderly in particular. We deliberately designed the form after speaking to members of the Windrush generation, so that the language used was as simple and straightforward as possible. In addition, we made provision with Citizens Advice, so that it can assist people with their claims. Individuals from my hon. Friend’s constituency of Gloucester need only make contact with the helpline—I understand that the average wait time for an answer last week was just 18 seconds. His constituents should make contact with the helpline and they might then be referred to Citizens Advice, which will be able to provide assistance with making a claim.

[Marsha De Cordova (Battersea) (Lab)]

I too congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important urgent question. Compensation is just £1,000 for those individuals who were forced to leave this country under the so-called voluntary return scheme because they were unable to prove that they were justifiably able to reside here. Many people received letters from the Home Office warning them that they would need to leave the country because they were here illegally. How can the Minister justify paying compensation of only £1,000 to those who were forcibly removed from the country?

[Caroline Nokes]

The hon. Lady is right to point out that serious wrongs were done to members of the Windrush generation. That is why we set up the Windrush taskforce and put in place a compensation scheme, which was designed with the assistance of our independent adviser, Martin Forde. I recognise her, but it is important that we reflect on the advice that we were given and seek to have a scheme that is fair.

[Jeremy Lefroy (Stafford) (Con)]

I welcome the urgent question from the right hon. Member for Tottenham (Mr Lammy), whom I congratulate. I understand why the scheme is in the form that it is, but does the Minister agree that what is most important is that the end result is seen to be fair, particularly to those mentioned by the hon. and learned Member for Edinburgh South West (Joanna Cherry), the people whom we saw in the Joint Committee on Human Rights and who were detained unjustly for considerable lengths of time? Does the Minister agree that the end sum—adding all these bits together—should be seen in the eyes of the public as fair for what people in those circumstances have been through?

[Caroline Nokes]

I commend my hon. Friend for his work on the JCHR; I certainly recognise the moving and compelling testimony that the Committee listened to during the course of its inquiry. It is absolutely right that we reflect on the advice that we have received, that we seek to make the scheme as fair as possible, and that we put in place a scheme that can respond quickly and efficiently to claims. That is why we will have a taskforce that will be 120 strong at full complement. We have also made provision for individual claims for compensation to be split, so that the quick and easy parts of the claims to assess can be split off and paid immediately.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

The report of the Public Accounts Committee highlighted that this scandal does not stop with the Windrush generation, but that thousands of other Commonwealth citizens are affected, and my own caseload bears that out. When the Home Secretary came before the House to make his statement, he was not specific about whether the Home Office would go through the lists of people, identify those who could be affected and proactively contact them. Will the Minister either make that commitment today or acknowledge that the Home Office systems are just not fit for this purpose?

[Caroline Nokes]

My right hon. Friend the Home Secretary did make it clear last week that the scope of this scheme is not limited to Caribbean nationals and that almost all Commonwealth nationals who arrived before 1 January 1973 will be eligible to apply. It is important that we are working across the Commonwealth to highlight and emphasise to the high commissioners and our posts the wide cohort of people who will be eligible to apply, so that they can work with those people and claims can be settled.

[Tom Pursglove (Corby) (Con)]

I have previously raised the issue of the role for those affected in helping to design the scheme. Now it is in operation, will there continue to be a place for that input?

[Caroline Nokes]

My hon. Friend makes a really important point. Last week, the Home Secretary hosted an event for those affected, which was also attended by Wendy Williams, who is conducting the review, and Martin Forde. I was particularly struck by a number of individuals I spoke to who emphasised the need for continuing outreach, and that is why we are holding a programme of events across the country. Martin Forde has on many occasion reflected to me that this is about building and rebuilding trust, and I am particularly grateful to all those who have helped us to reach out to members of the Windrush generation so that we can try to do exactly that.

[Janet Daby (Lewisham East) (Lab)]

I thank you, Mr Speaker, for allowing this urgent question, and my right hon. Friend the Member for Tottenham (Mr Lammy) for requesting it. Does the Minister feel that £1,000 is an appropriate minimum award for injury to feelings in order to compensate black Caribbean people who felt that they were forced to leave this country and, indeed, left this country? These people have experienced many emotional traumas, including the loss of sleep, anger, fear, trepidation, loss of appetite, loss of earnings, vulnerability, fear and ongoing feelings of depression. Is that minimum fee of £1,000 just compensation?

[Caroline Nokes]

As the hon. Lady pointed out repeatedly, that is the minimum amount. Of course, the table of actuals and tariffs very clearly emphasises that there are sections for impact on daily life, with a range of awards, and for discretionary circumstances, where there is no cap. It is really important that we work to ensure that we reflect the impact on people’s daily life and on their mental wellbeing, and I believe that this scheme enables us to do that.

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

Will the Minister acknowledge that one of the causes of the Windrush scandal in the first place was the disproportionate level of documentation from many years ago demanded by the Home Office to enable individuals to exercise their rights? It is rapidly becoming clear that the same mistake is being made in relation to this compensation scheme, so will the Minister urgently review not just the compensation cap that we have heard about, but also the scheme’s documentary requirements, so that no one is denied compensation due to missing documents from past decades?

[Caroline Nokes]

We have sought to have a scheme that is based on both tariffs and actuals, so that those who cannot provide evidence will be able to go down the tariffs route and not be expected to provide the evidence that those going down the actuals route would be able to provide. As I have already said, the Home Office wants to work with claimants to ensure that where evidence can be found—either from within Home Office records or from other Government Departments—we do exactly that, so that people are supported to get the compensation to which they are entitled.

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

Detaining innocent people and threatening them with deportation is not only wholly unacceptable; it is dehumanising. The treatment suffered by my constituent, Paulette Wilson, was absolutely appalling. Why did the Government not come clean about these caps last week when we were in the Chamber questioning the Home Secretary? And how on earth did the Government come up with the figure of £500 per 24-hour period for the first 30 days of detention and £300 per 24-hour period for the subsequent 60 days? How were these amounts arrived at?

[Caroline Nokes]

As I am sure the hon. Lady will have heard me say, the amounts were arrived at in consultation with our independent adviser, Martin Forde, and by looking at both the ex gratia scheme that was already in place at the Home Office and at case law. She is right to say that detention is absolutely wrong for those who have no reason to find themselves in that situation. I have apologised to her constituent, Paulette Wilson. One can only hang one’s head in shame at the way in which the Home Office treated not just Paulette Wilson, but too many individuals of the Windrush generation. We are still ashamed of what happened and are desperately trying to put things right via this scheme.

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

My constituent kept close records; his loss of earnings is over £50,000 and his solicitors’ fees run into the thousands. But this 59-year-old, who had previously worked all his life, has had his mental health so severely damaged by the failings of this Government that he now cannot hold down a job. First, will the Minister tell me exactly how people are supposed to provide actuals for jobs that they were not allowed to have? Secondly, given that my constituent is unlikely to work again, what provision is there within the compensation scheme for future loss of earnings?

[Caroline Nokes]

The hon. Lady is right to point out the severe impact on individuals of the Windrush generation. As I said previously, the Home Office is determined to work alongside HMRC, which will have evidence of previous earnings and the earnings level at which her constituent would have been, and to work with him through his own evidence. She indicated that he had kept close records through HMRC to ensure that he is properly compensated. As I mentioned earlier, there is also a discretionary element to the scheme that in some instances may well provide redress that is not otherwise identified in the tables.

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

My hon. Friend the Member for Manchester Central (Lucy Powell) and I are meeting constituents from Windrush families this Saturday, and I think there will be very considerable interest in the engagement events that the Minister mentioned, so it would be helpful to know whether she can provide local MPs with details of when these events might be coming to our areas. Due to the deep mistrust and scepticism about the Home Office, there may be reluctance to supply full information to enable a cost-based claim to be submitted, so will the Minister guarantee that there will be a firewall in place to ensure that any data supplied for the purpose of seeking compensation under this scheme is not used by the Home Office or any other Government Department for other purposes?

[Caroline Nokes]

Absolutely, I am happy to give that commitment. The hon. Lady makes an important point about the importance of outreach and of building trust. I am absolutely determined to do what she has asked and to provide information to hon. Members across the House of when there will be outreach events in their constituencies or close by. I recognise that, in the case of Manchester, a number of Members are close by. We will certainly provide that information.

As I mentioned, in many instances it is those from the community who can provide the greatest reassurance. I was struck last week when talking to two gentlemen from Birmingham by the emphasis they put on the work that their charity does in supporting individuals. I have taken a close interest in that and looked to see how the Home Office can provide additional assistance to such individuals, who provide such a useful bridge between Home Office officials and the community.

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

The first engagement event on the Windrush scheme took place on Friday in Brixton, just outside my constituency. It was called at just a day’s notice, it was not publicised systematically and I received an email late on Friday evening informing me of the event. That is simply not meaningful engagement and, frankly, it does not treat the community affected by the scandal with respect.

The application form requires a very high level of proof—for example, receipts from hostel accommodation used when someone was made homeless. That is comparable to the burden of proof that led many Windrush citizens to be wrongly denied their rights in the first place. Will the Minister agree to review the scheme to ensure that it works for Windrush citizens, is accessible to all and delivers the justice and recompense to which they are entitled? Will she undertake genuinely meaningful engagement, properly publicised, in the communities that are most affected?

[Caroline Nokes]

The hon. Lady makes an important point about the publicity surrounding events and the importance of doing it in a meaningful way. I am conscious that we have a schedule of events planned, but I am never happy when I think that information is provided at too short notice. I will undertake to ensure that that does not happen and that not only Members but affected members of the community are given adequate information about when events will take place.

We designed the application form and scheme in consultation with members of the Windrush generation, and we sought to make the form as straightforward as possible. Of course, there are sections that will be relevant to some claimants and not to others. I certainly hope it is clear that people are not expected to fill in every single section of the form. Where they are asked for evidence, that is if evidence is available. The Home Office is determined to work alongside individuals to ensure that where evidence is not available, people are assisted either to find it or directed towards the tariff route, where evidence will not be required to the same extent. It is important that we get the balance right, but the hon. Lady has made some important points that we will certainly take on board.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I have been in correspondence with the Home Office for almost a year about the case of my constituent, Bobbi Vetter, who came to the UK as a baby 54 years ago and has lived nowhere else but the UK. Last year, she was offered a job in Oban but could not prove residency for a six-year period while she was here—a time when she was having and raising her children. Bobbi was unable to take that job and has been forced to live on universal credit. What compensation will Bobbi be entitled to? Will the Minister resolve to look at Bobbi’s case urgently to right this terrible injustice?

[Caroline Nokes]

I am sure that the hon. Gentleman would not expect me to stand at the Dispatch Box and indicate a level of compensation for his constituent, but I will very happily take away the details of the case, if he will provide them, and look into it.

UK Fishing Industry: Non-EEA Visas

Caroline Nokes Excerpts

Monday 8th April 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate, and I am grateful to the other hon. Members who have intervened.

As the right hon. Gentleman pointed out, this is not the first time he has had an Adjournment debate on this topic. The last occasion was indeed on 11 July last year, although I would like to correct my hon. Friend the Member for Moray (Douglas Ross), who made the point that England were losing their World cup semi-final. If I remember correctly, they were not losing while we were having the debate; it was not until we had adjourned to the Smoking Room that I managed to see England lose. As an English Member responding to contributions from a number of Scottish colleagues that night, I was very conscious that they may have slightly different ambitions for the evening when it came to the football.

At the invitation of the right hon. Gentleman, I would like to bring the House up to date with what has happened in the nine months since we were last gathered for a debate on this important subject. The first thing to mention is that I spent some of last summer on the road. It is always—perhaps particularly at the moment—good to get away from this place. I visited agricultural and fishing communities in both Scotland and Northern Ireland, and I was able to listen at first hand to the concerns of those working in those industries. I found it incredibly valuable to hear what they had to say.

The second point—the right hon. Gentleman referenced this significantly in his speech—is that the Migration Advisory Committee issued its report on the impact of EEA migrants last September, with recommendations on the future system. The MAC took evidence from a wide range of organisations and individuals and visited every region of the United Kingdom, and that included talking to representatives of the fishing sector. I recognise that not everybody agrees with the MAC’s conclusions—probably an impossibility, given the subject matter—but I do not think that anyone can dispute the thoroughness and rigour of its approach.

[Mr Carmichael]

I very much dispute the rigour and thoroughness. The MAC has taken a broad range of views, in a broad range of sectors. It has given no specific consideration at all to the needs of the fishing industry. Will the Minister, either by going back to the MAC or else by some other route, ensure that we get the proper consideration of the industry’s needs that—as surely must be apparent from the parts of the report that I have read out—they have not yet been given?

[Caroline Nokes]

The right hon. Gentleman will be conscious that the MAC’s commission was quite wide ranging—as I pointed out, it spoke to the representatives of the fishing industry—but he will also be aware that at present it is conducting a review of the shortage occupation list at all levels. Whereas previous reviews have looked at higher skill levels—I will address the definition of skills in a moment—this time round the MAC has been asked to look at all skill levels and so will consider industries such as fishing, which we have been talking about this evening.

The hon. Member for Central Ayrshire (Dr Whitford) talked about skill levels, and I think it is worth expanding briefly on that point. As the Minister, I am conscious that when we discuss visas and immigration matters we often use the terminology of skilled and highly skilled. That is in no way to denigrate the range of different skills that are necessary across a wide range of industries. I have had a number of meetings, particularly over the last couple of weeks, in which we have talked about the care sector. Nobody would suggest that those working in care were not highly skilled, with a range of perhaps softer skills, which are absolutely necessary when caring for those with disabilities.

However, the MAC was clear when it gave its advice to us in the autumn that there was no case for schemes for particular sectors in the immigration system, other than agriculture, which has some unique characteristics. Instinctively, that has to be the right approach. Governments should avoid picking particular sectors of the economy for special treatment. That would inevitably be a highly subjective process and a major distortion of the operation of the market. It is also noticeable that the text of the recent report by the expert advisory group on migration and population established by the Scottish Government does not mention fishing once. The MAC has concluded that immigration is not the answer to depopulation in local areas—a point that the right hon. Member for Orkney and Shetland referred to—and that there other measures that the Scottish Government could look to.

[Mr Carmichael]

Is the Minister telling the House, then, in all seriousness and sincerity, that she agrees with the suggestion that, instead of a sector-based scheme, we should be looking at expanding the youth mobility programme?

[Caroline Nokes]

If the right hon. Gentleman exercises some patience, I am coming to a number of points that I would like to make.

It is crucial that the House reflects on the fact that the White Paper published in December was the start of a year-long engagement across different regions of the United Kingdom and different sectors of industry. To date, there have already been in excess of 45 engagement events or roundtables, and we have taken evidence from 650 different organisations or individuals in the first three months of this year alone. That process will continue over the course of this year, because I am conscious that we are introducing a future immigration system that will have to reflect the realities of a post-Brexit Britain and that will have to be sufficiently flexible and adaptable to address the needs of an economy that undoubtedly will change in future. It is important that we listen to the concerns raised by industry and hon. Members and get it right.

[Jim Shannon]

I remind the Minister of the evidence from the Anglo-North Irish Fish Producers Organisation that we left with her when I and other hon. Members went to speak to her. The organisation advertised across the whole of Europe, and of the 140 people who replied only five actually came forward. That is an indication that across Europe we cannot get the people to do the jobs and so, if I can use a fishing term, we have to cast our net wider to get the right people for the job. Those are the facts of the case.

[Caroline Nokes]

As the hon. Gentleman will have heard me say, we have also asked the MAC to look at a revision of the shortage occupation list. He will know that we have suggested the introduction of a separate shortage occupation list for Northern Ireland, as well as consulting on one for Wales, in addition to the separate list that we already hold for Scotland.

We need to be mindful that tying workers to particular employers or sectors can increase the risk of exploitation. I am sure hon. Members will be aware that recently four United Nations rapporteurs wrote to the Irish Government to point out that their scheme, which has been put in place in Ireland to bring in non-EU workers to work in the fishing industry there, is giving rise to forced labour and exploitation on Irish fishing vessels. There is evidence that laws on minimum wage, maximum hours and safety —the right hon. Member for Orkney and Shetland is laughing as I say this—have been widely flouted.

[David Duguid]

On the subject of exploitation, I hope my right hon. Friend is looking forward, as I am, to her visiting my constituency in the near future to see the conditions in which a lot of non-EEA workers live and work. I would also like to bring her back to the numbers required in this case. In the horticultural sector, the Home Office has already made an allowance in the form of a pilot scheme for 2,500 people. Without getting into a debate about whether that is enough for that sector, that is twice as many as the number that we are talking about for this sector. The latest estimate I have from the Scottish White Fish Producers Association is that we currently have 800 non-EEA crew members, with 400 from the EU. After Brexit, that will be a total of 1,200, which is less than half the number that will be provided for the horticultural sector. Can such a number of visas be made available to see us through on a non-permanent basis while, at the same time, we develop skills locally?

[Caroline Nokes]

I have listened to my hon. Friend on this subject on many an occasion. He is a forceful and passionate advocate for the industry. On the seasonal workers scheme in the edible horticultural sector, it is important that we have the opportunity to evaluate the scheme and reflect on it, but I am certainly listening closely to the calls this evening for a similar scheme for fishing.

I am conscious that I only have a few minutes left, but I would like to focus attention on the White Paper, which, as I said, we published back in December. I have already indicated that we will have a year of engagement —we are already three months in. It is important to reflect on the fact that the MAC has already suggested that we reduce the skill level from RQF 6 to RQF 3 for those seeking to come to the UK, post the introduction of the new immigration system. As I said earlier, I am not for one moment suggesting that no skill is required to work in the fishing industry. Indeed, having spoken to people in the sector in both Scotland and Northern Ireland, I am full of admiration for those who work in what are extremely difficult, challenging and sometimes downright dangerous conditions. Having given that important clarification, I would like to repeat that the MAC advised that there should be no specific route for those undertaking jobs below RQF 3. We recognise, however, that after 45 years of free movement, many businesses and employers have come to rely on a steady stream of lower skilled migrant labour. We do not wish to create a cliff edge. Accordingly, the White Paper sets out our intention that as a transitional measure we will create a temporary visa that will allow migrants from low immigration risk countries to come to the UK for up to a year to work in jobs at any skill level.

The White Paper does not represent the Government’s last word on this topic; quite the reverse. It is the start of the conversation, not the end, and we are talking to every sector of the economy across every nation of the United Kingdom and every region of England. As I said earlier, Ministers and officials have held 45 meetings with more than 650 stakeholders, and that work will continue in the coming months. I confirm that it will include representatives of the fishing sector. I also hope that it will give me the opportunity to get out and about and visit the constituency of my hon. Friend the Member for Banff and Buchan (David Duguid).

I have the Minister for Agriculture, Fisheries and Food, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), with me this evening, and Members will be aware that the Fisheries Bill is making is progress through the legislative process. With that, I conclude my remarks.

[Mr Carmichael]

On a point of order, Mr Speaker. I sense that the Minister has finished her comments. I want to place on record that she said that I was laughing in relation to safety at sea.

Windrush Compensation Scheme

Caroline Nokes Excerpts

Monday 8th April 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Yesterday the Home Secretary announced the launch of the Windrush Compensation Scheme. The Government deeply regret what has happened to some members of the Windrush generation and the launch of the compensation scheme marks a key milestone in righting the wrongs they have experienced.

Detailed information about the compensation scheme, including the rules that govern the scheme, with the forms and guidance that people need to make a claim, are available online at: https://www.gov.uk/guidance/windrush-compensation-scheme. Our helpline is also open now on: 0800 678 1925 for those wishing to receive printed copies of the claim form or for any other queries, this is free if calling from within the UK. Those calling from outside the UK will be called back.

I would like to clarify, further to questions raised with the Home Secretary on the Floor of the House, three issues in relation to eligibility to apply for compensation. The first is in relation to those who are not resident in the UK. A Commonwealth citizen outside the UK, who was settled in the UK before 1 January 1973, who has settled status, right of abode or is now a British citizen, or whose settled status has lapsed due to being absent from the UK for a period of two or more years is eligible to apply for compensation.

Secondly, the definition of a close family member for the purpose of the compensation scheme is a spouse or civil partner living with the claimant, cohabitee for continuous period of two years or more, a parent, a child or a sibling. Close family members are entitled to claim regardless of whether a primary claimant chooses to make an application and whether said claimant is deceased.

Thirdly, the definition of serious criminality for the purposes of the compensation scheme is defined as a conviction that received a sentence of imprisonment of four years or more, and that the offending was of such a nature that makes it inappropriate to make an award in whole or part. This provision does not apply to a conviction and sentence outside of the UK for conduct which on the date of the conviction was not an offence in the UK.

The Home Office is committed to raising awareness of the scheme, and to encouraging eligible people of all nationalities to submit a claim. Eligibility for compensation goes beyond members of the Caribbean Commonwealth, and we are putting in place a programme of events with key stakeholders, faith and community organisations to promote both the scheme and the wider work of the Commonwealth citizens taskforce. The first of such events is scheduled for Lambeth town hall on Friday 5 April and full details are available via the gov.uk page.

Regrettably, in promoting the scheme via email to interested parties, an administrative error was made which has meant data protection requirements have not been met, for which the Home Office apologises unreservedly.

This occurred in emails sent to some of the individuals and organisations who had registered an interest in being kept informed about the launch of the compensation scheme, which included other recipients’ email addresses. Five batches of emails, each with 100 recipients, were affected. No other personal data was included.

A recall was commenced as soon as the problem had been identified. The departmental data protection officer has been informed and an internal review will be conducted to ensure this cannot happen again. The Department has voluntarily notified the Information Commissioner’s Office of the incident.

I am firmly committed to doing right by the Windrush generation. The compensation scheme is an important step towards that and I will ensure that action is taken to ensure the highest standards are met not only in the processing of cases, but also in continued efforts to publicise the scheme and ensure those entitled to redress receive it.

[HCWS1496]

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 1st April 2019 Commons Chamber

[Damien Moore (Southport) (Con)]

4. What support he is providing to EU citizens applying to the EU settlement scheme.

[The Minister for Immigration (Caroline Nokes)]

The Government’s approach has been informed by extensive, regular engagement with external stakeholders representing the needs of a broad range of people, to ensure that the EU settlement scheme is accessible to all. The Home Office has introduced a range of support, including £9 million of grant funding for voluntary and community organisations, and support via the EU Settlement Scheme Resolution Centre.

[Damien Moore]

I welcome the Government’s honest and transparent approach, which I know gives EU citizens living in my constituency the reassurance that they need. What steps is the Minister taking to give EU citizens as much reassurance as possible throughout the whole process?

[Caroline Nokes]

The EU settlement scheme opened fully on Saturday, and we have worked with EU citizens to make it as simple and straightforward as possible. Last week, we launched a £3.75 million programme of communications that provides both information and the underlying message that EU citizens are our friends, our colleagues and our neighbours, and we want them to stay.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I have met the Minister to discuss this, but will she tell the House what assurances she can give those who are not citizens of the European economic area but are married to EEA citizens? Under the current system, they have to obtain the permission of those EEA citizens to secure their settled status, regardless of whether or not they are victims of domestic violence.

[Caroline Nokes]

I thank the hon. Lady for that question. It is not correct that people have to get the permission of somebody who may well be a perpetrator of domestic violence, but it is important that, through our £9 million of grant funding, we work with groups and support the most vulnerable in the community so that they can help evidence their time in the UK and be granted status through the channels that we have put in place.

[Theresa Villiers (Chipping Barnet) (Con)]

In the light of contact I have had with a constituent who is undergoing cancer treatment, may I urge the Minister to state in the clearest terms that EU nationals living in this country will continue to be entitled to NHS treatment?

[Caroline Nokes]

That is absolutely correct. There will be no loss of entitlement to NHS services and treatment, and I thank my right hon. Friend for her assistance in conveying the message to her constituents that we want our EU friends and neighbours to be able to stay and access the services and benefits to which they are entitled. That is important.

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

As the Minister says, the EU settled status scheme opened at the weekend, but the Government have not introduced a right of appeal to a tribunal against a decision under it. So in the event of a dispute about whether a person qualifies, the only means of independent redress is judicial review, which can be expensive and time-consuming. Does the Minister agree that that is not satisfactory? Will she commit to introducing a proper right of appeal?

[Caroline Nokes]

Of course, the hon. and learned Lady will know that an entire package of citizens’ rights for EU citizens is planned as part of the withdrawal agreement. That will provide the route, and her party might consider voting for it.

[Joanna Cherry]

As always, the Minister does not answer the question. It seems to me that there is no intention of introducing an independent right of appeal. Perhaps she can answer this question: the Costa amendment required the Government to ring-fence what had already been agreed for EU citizens’ rights; what progress has been made on securing that ring-fencing? Will the Prime Minister raise the matter at the EU Council on 10 April?

[Caroline Nokes]

I thought my response was quite clear. I reiterate to the hon. and learned Lady that the best way to ring-fence citizens’ rights is to vote for the deal.

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

As of 30 March, the EU settlement scheme is fully open. Efforts to promote the EU settled status scheme are too little, too late. No matter how well the Government advertise, there will be people who fail to apply before the deadline. Even if that is just a small percentage, hundreds of thousands of people will be stripped of their rights and subjected to the hostile environment. Will the Government accept proposals for a declaratory scheme—the only way to avoid a repeat of Windrush for EU citizens?

[Caroline Nokes]

I thank the hon. Gentleman for his question. He will of course know that the first three phases of the scheme were in testing mode, and it opened publicly for the first time on Saturday. That was designed to coincide with a widespread communications campaign, on which the Government are spending £3.75 million. He well knows that we debated the issues about a declaratory scheme in the Committee stage of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. We are very conscious of the fact that we want people to have status that they can evidence. That is why we put the scheme in place. They will have digital status, which will provide them with the ability to share just the information that is required for landlords and employers. I encourage all hon. Members to ensure that EU citizens living in their constituencies take part in the scheme.

[Karin Smyth (Bristol South) (Lab)]

5. When his Department plans to publish a response to its review of air weapons regulations.

--- Later in debate ---

[Sir Vince Cable (Twickenham) (LD)]

10. What steps he is taking to facilitate the recruitment of people from (a) EU and (b) non-EU countries to meet demand for NHS and careworkers after the UK leaves the EU.

[The Minister for Immigration (Caroline Nokes)]

The White Paper, published in December, proposes a route for skilled workers of any nationality coming to do jobs at RQF—regulated qualifications framework—level 3 and above. It will be uncapped, allowing all those meeting the requirements to come here. The right hon. Gentleman will of course recall that the Home Secretary lifted the tier 2 cap for NHS workers last July.

[Sir Vince Cable]

Freedom of movement has allowed 20,000 nurses to be recruited to the NHS. Some 5,000 have left since the referendum and there are 41,000 vacancies, with many more in other occupations, such as careworker. While the Government are consulting on the salary cap level, can the Minister guarantee that there will be sufficient flexibility to allow these relatively low-paid but scarce occupations to be fully recruited and filled?

[Caroline Nokes]

The right hon. Gentleman will have heard earlier that, as at December 2018, we had over 5,200 more EU nationals working in the NHS in England than we did at the time of the referendum in 2016. He makes an important point about careworkers. During the engagement going on as part of the White Paper, this issue has been raised with me and the Government are certainly listening carefully. I am working closely with the Minister for social care and later this week we will be attending a roundtable on exactly this subject.

[Mr Philip Hollobone (Kettering) (Con)]

Kettering General Hospital recruits doctors and nurses from the European Union and from non-EU countries. Will it be able to continue to do both once we have left the EU?

[Caroline Nokes]

I thank my hon. Friend for that question. The answer is: absolutely. The proposals we have put forward in the White Paper will ensure that there is absolutely no discrimination in respect of those seeking to come here from EU countries and from non-EU countries.

[Emma Little Pengelly (Belfast South) (DUP)]

In Northern Ireland, social care is fully integrated within the Department of Health. Many of the jobs that supply vital services to older people, both in care homes and across the community, are filled by EU mainland nationals. What conversations has the Department had with the Department of Health in Northern Ireland to ensure this vital flow of employment and workers can continue post Brexit?

[Caroline Nokes]

I thank the hon. Lady for that question. It is important to note that just last week I held a roundtable with representatives from the Scottish and Welsh Governments, and civil servants from Northern Ireland. It is important that we make sure we have a future immigration system that works for the whole of the UK, and we are determined to do so.

[Emma Dent Coad (Kensington) (Lab)]

11. What recent assessment he has made of the capacity of fire inspectors to assess the fire risk of commercial and residential buildings.

--- Later in debate ---

[Teresa Pearce (Erith and Thamesmead) (Lab)]

14. What steps he is taking to ensure that local authorities settle the status of the children of EU nationals in their care.

[The Minister for Immigration (Caroline Nokes)]

The Home Office’s comprehensive vulnerability strategy ensures that the EU settlement scheme is accessible for all, including children in care. The Home Office is engaged with the Department for Education, the Local Government Association and the Association of Directors of Children’s Services to assess the needs of this group and ensure that they are met. I have welcomed their ongoing contribution to the development of the scheme.

[Teresa Pearce]

The Home Office’s testing of the EU settlement scheme has highlighted real challenges for this group of vulnerable children. Across five authorities, only 16 children have secured settled status. Does she agree that, as corporate parents to these vulnerable children, we should be giving automatic settled status, and that those eligible for citizenship should have their fee waived to avoid any risk of them becoming undocumented and causing a second Windrush scandal?

[Caroline Nokes]

As the hon. Lady knows, five local authorities took part in the private test phase, making applications on behalf of children for whom they had full parental responsibility. They reported that the process was quick and easy for them to use. As I have said previously, we have a comprehensive vulnerability strategy and are working hard to make sure that the scheme is accessible and handles all those who are marginalised or at risk with the sensitivity that is required.

[Sir Edward Leigh (Gainsborough) (Con)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

T7. Can the Secretary of State guarantee effective steps to encourage EU nationals to come to, and stay in, the UK to meet demand for NHS and care sector workers post Brexit? Does he accept that those sectors are facing a recruitment and retention crisis, with about 104,000 current health and social care workers who now feel unwelcome and undervalued?

[The Minister for Immigration (Caroline Nokes)]

The hon. Lady will have heard me say earlier that we are working very hard with the social care sector and listening to organisations such as the Local Government Association. A couple of weeks ago, I met not just the LGA but the Convention of Scottish Local Authorities to talk about the importance of the social care sector and to make sure that our future immigration system is able to recruit people with the skills and the talents that we need to come to the whole of the United Kingdom.

[Charlie Elphicke (Dover) (Con)]

T4. With more arrivals by small boats across the English channel, will the Minister update the House on progress with aerial surveillance and gaining the agreement of France for migrants to be returned, to most effectively deter the people traffickers behind the migrant crisis?

[Caroline Nokes]

My hon. Friend is right to emphasise that it absolutely is people traffickers and organised crime gangs who are encouraging people to make this extremely perilous crossing. We deploy aerial surveillance, but the House will appreciate that I will not be able to discuss our covert assets in detail. He is right to emphasise that we are working with a number of member states, including France, to facilitate returns. About 20 individuals who have crossed via small boat have been returned to date, and further returns are in progress.

[Mr Steve Reed (Croydon North) (Lab/Co-op)]

T8. Local authorities are formally responsible for applying to the EU settlement scheme on behalf of looked-after children, but it is not clear what support is available for vulnerable adults such as elderly people with dementia. With potentially just 11 days left until we leave the EU, will the Minister now confirm what support will be made available to help vulnerable adults secure their status before the UK leaves?

[Caroline Nokes]

The Government have made available £9 million of grant funding to charities and other organisations to support vulnerable people, including vulnerable adults in the care sector, through this process. We have already, through the test phase, been working closely with a number of local authorities, and there has been an extensive engagement process with the LGA and other local government bodies to make sure that we get this right.

[Fiona Bruce (Congleton) (Con)]

T5. Does my right hon. Friend agree that while stop-and-search is a vital tool in the fight to tackle serious violence, to be truly effective, police need to be empowered to use it in an intelligence-led way?

--- Later in debate ---

[Caroline Nokes]

The minimum income threshold was set after consideration of advice from the independent Migration Advisory Committee. The Supreme Court has endorsed the lawfulness of that approach and agrees that the minimum income requirement strikes a fair balance between the interests of UK citizens wishing to sponsor a non-EEA spouse and of the community in general.

[Chris Green (Bolton West) (Con)]

T9. I would like to thank my right hon. Friend on behalf of my constituent, Janine Aldridge, for his work in looking into concerns about the retention of human tissue. On behalf of Ms Aldridge, I wrote to the Mayor of Greater Manchester on 17 July 2017 to raise concerns about the retention of her daughter’s tissue samples, which has led to the family holding three separate funerals. I was disappointed recently to receive a letter from the chief constable of Greater Manchester police, indicating that it has not undertaken a formal investigation into her complaint and was unaware that that was expected, despite Ms Aldridge meeting the Mayor and his deputy. Will my right hon. Friend urgently investigate this matter, so that the Aldridge family can have confidence that they have finally laid Leah to rest and to ensure that this never happens again?

Draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Caroline Nokes Excerpts

Monday 18th March 2019 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019.

Delivering a deal with the EU remains the Government’s priority. We are, nevertheless, preparing for a range of scenarios. As the Prime Minister has pointed out:

“The legal default in UK and EU law remains that the UK will leave the EU without a deal”

on 29 March

“unless something else is agreed.”—[Official Report, 13 March 2019; Vol. 656, c. 464.]

UK domestic law has given effect to the obligations in the fields of immigration, nationality and asylum that arise from our membership of the European Union. The UK has also been subject to directly effective EU law. When we leave the EU, aspects of our legislation and retained direct EU law will fail to operate effectively; if they are not modified or revoked by this instrument, they will contain deficiencies.

The draft regulations will make changes to a range of domestic primary and secondary legislation to prevent, remedy or mitigate deficiencies in law that arise from the UK’s exit from the EU. They will ensure that if the UK leaves the EU without a deal, our statute book will operate on exit day until new legislation on these issues is commenced.

First, the draft regulations will make the technical changes required to correct wording in our legislation that describes the UK in terms of our membership of the European Union or the European economic area. Those changes will not alter the legislation’s effect. Similarly, the draft regulations will make technical amendments to domestic legislation that refer to EU rights retained by the European Union (Withdrawal) Act 2018.

Secondly, the draft regulations will revoke relevant retained EU legislation relating to immigration. They will also revoke a number of instruments that give effect to the UK’s membership of the EU asylum acquis and that will be inoperable on exit. By leaving the EU, the UK will also leave the asylum acquis. The draft regulations will therefore revoke the Dublin regulation and the Eurodac regulation.

Thirdly, the draft regulations will make a number of transitional and saving provisions in relation to the measures that they will amend, so that the amendments in question do not have an inappropriate effect in respect of decisions or other actions taken before their commencement.

Finally, the draft regulations will apply the UK rules for criminality to EEA, Swiss and Turkish nationals. This amendment applies only to their conduct after exit. Our intention, which the Home Secretary has already announced, is to apply the same rules to new arrivals, irrespective of which country they come from.

The Government believe that we must plan for every eventuality, including a no-deal scenario. In introducing the draft regulations, we are taking practical steps to ensure that the UK statute book will operate effectively on exit in the event that the UK leaves the EU without a deal. The draft regulations will prevent deficiencies in immigration and asylum law that arise from the UK’s leaving the EU, and will ensure continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the future borders and immigration system. I commend the regulations to the Committee.

--- Later in debate ---

[Caroline Nokes]

I fear that I will not make a speech-ette, but there will certainly be no ploughing on regardless either. I am grateful for the Committee’s contributions to the debate and I will address some of the issues raised.

The hon. Member for Manchester, Gorton asked why we are not using the immigration Bill for these provisions. Of course, these provisions are very much in preparation for no deal, which is an eventuality that I do not want. The Government continue to work hard to secure a deal, but unless alternative arrangements are made, it is the default legal option. As he pointed out, the immigration Bill has just completed its Committee stage in the Commons and, to be frank, we do not expect it to have Royal Assent by 29 March, which is when these measures might be needed.

The use of secondary legislation and the immigration rules, as the hon. Gentleman mentioned, is a long-established method that we have used to make changes to the immigration system. Under those well-established procedures, such changes are still subject to proper parliamentary oversight and debate, including through Committees such as this. The hon. Gentleman will know, as we discussed at the Committee stage of the immigration Bill, that the Law Commission is currently conducting a public consultation on the simplification of the immigration rules, commissioned by the Government. We look forward to receiving its response and considering its report in due course. As he knows, I am on record as having said that such simplification is much needed.

The right hon. Member for East Ham and the shadow Minister mentioned the Dublin III regulation, which is arguably the most significant regulation revoked by this instrument. As Members will be aware, the Dublin regulation contains rules for establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in a member state by a third-country national or a stateless person, and the legal framework for returning asylum seekers to, and accepting them from, the EU. This instrument ensures that the statute book will continue to function effectively for asylum in a no-deal scenario and provide transitional arrangements. Should the UK leave the EU with no deal, those Dublin requests relating to family reunification that are still pending resolution will continue to be considered under existing provisions. That would apply to any take-charge requests that we have received before exit.

[Stephen Timms]

I am grateful to the Minister for that reassurance that applications that are already in the system will continue to go forward. However, given that the Government have committed to seeking to extend the Dublin III arrangements for good if we get a deal, should this SI not provide for us to continue those arrangements in the event of no deal as well? I cannot think of any reason why leaving the EU without a deal should prove disadvantageous to families seeking reunion under the existing asylum arrangements.

--- Later in debate ---

[Caroline Nokes]

I welcome that intervention, but we have to be realistic about leaving the European Union and needing a cut-off date. Dublin is a reciprocal mechanism, and we cannot oblige other EU member states to comply with the process after the UK has left the EU. The right hon. Gentleman is absolutely correct: we want a comprehensive readmission agreement that could include family reunion, if that were reciprocated. However, given the wider issues at stake with the EU, including matters such as data adequacy, we cannot continue Dublin III post exit.

As a consequence of leaving the EU, the UK will no longer be a participating state in the Dublin regulation. That certainly presents a challenge, but it also presents us with an opportunity to seek new agreements with the EU on asylum that better reflect our position as a third country. Since 2016, we have accepted more Dublin transfers than we have returned to our EU partners. The latest available published data shows that 209 people were returned to the EU27 under Dublin 2018, meaning that returns under that regulation make up about 5% of total asylum returns.

This instrument is designed to prevent any deficiencies arising from the UK leaving the EU. It ensures continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the future new borders and immigration system. On that basis, I commend the regulations to the Committee.

Question put.