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

Catherine West Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[James Sunderland (Bracknell) (Con)]

I was pleased to contribute on Second Reading of this Bill, and I am pleased to be able to speak now, notwithstanding a sore throat.

In recent weeks, people have told me that the Bill is contentious, but it should be regarded as what it is, not as what others fear it to be. For a start, it allows our country to evolve in the post-Brexit era as we wish it to evolve, and allows us to decide who comes in. For too long, we have seen uncontrolled immigration and a failure to remove those who have accepted our hospitality but sought to do us harm. We have indeed seen lower rates of deportation. Inasmuch as we should be more in control of who arrives on our shores, we should equally be more robust about who leaves. If the process takes more than 28 days, then so be it. I am not therefore convinced by new clauses 3 to 11.

For those who come to the UK and are proud to live here, the opportunities are plentiful. Contrary to what many of our political opponents might think, this is the land of milk and honey for those who are prepared to work hard. Let us look at what is on offer. We will give everyone the same opportunities wherever they come from. Our points-based system will allow us to identify the skills we require. We will protect the rights of EU citizens, and we will protect the long-held rights of Irish citizens to live and work in the UK, so I am mindful of new clause 12.

People have told me that this Bill flies in the face of what has been achieved by so many during the pandemic, particularly in the NHS. Nobody here should need any reminder of the admiration and the awe with which the British people regard these heroes. The Government have rightly agreed to extend the visas of frontline NHS workers, so I am mindful of new clause 35. They have rightly introduced a new NHS visa, offering fast-track entry to the UK for qualified overseas doctors and nurses under more generous terms. The contribution of all public sector employees, public servants and low-paid staff is the stuff of legend, and we will always be grateful.

For the avoidance of doubt, immigration is a good thing, and we have built a proud nation on the back of our history, shared values and unrivalled diaspora. I have been honoured to serve alongside so many brilliant foreign and Commonwealth soldiers, but there is a problem here, too. Although this is not directly relevant to this Bill, I urge the Minister to take note. We have recruited many to join our armed services, but the House will know that a small number have slipped through the net by not applying for indefinite leave to remain when they would otherwise have been entitled to do so. Given that some now face particular difficulties in not being British citizens, including crippling NHS bills, I believe it is now time to offer an amnesty to the entitled few who have proudly worn the uniform and borne arms but not become naturalised. Once we have done this, we should then review the crippling visa fees, which remain beyond the reach of most servicemen and women and their young families.

Let us disincentivise those who come here via illegal means, remove those who commit serious crime and place the ruthless people traffickers behind bars, but the quid pro quo is to provide those whom we willingly invite to serve in our armed forces with the security they deserve. It is time that we did the right thing for all of our Commonwealth veterans and fully recognise the sacrifices that they too have made for our great nation.

As for the future of this Bill, I expect it to become law, but inasmuch as it promises a points-based immigration system that mirrors those of other countries in the free world, we need to be careful that it does not become a blunt instrument. The legislation must therefore be flexible and agile enough to respond to the employment market at any given time, particularly in terms of the skills being offered. There will be a need for seasonal labour, and we must be able to attract all those that we need when we need them.

To conclude, as contentious as the Bill might be to some, it is what many have requested for the past four decades, and it is what the Conservative Government have promised. We must also do more to reunite children under the vulnerable children’s scheme, and we therefore need an enduring scheme to be in place by 1 January next year. I am therefore sympathetic towards new clause 29. To be worthy of its pre-eminence, the UK must take back control of its borders.

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

I concur with the point made by the hon. Member for Bracknell (James Sunderland) about armed servicemen and women from the Commonwealth. I hope that the Minister will bear that in mind when the next immigration Bill is introduced, because there are some egregious cases that desperately need to be looked at fairly.

We will not vote for the Bill tonight, mainly because it seems to have been written before the covid crisis. It seems to ignore the fact that we need a new approach to immigration based on solidarity, decent jobs, employment protections and quality public services for all, with all EU citizens guaranteed the right to remain in the UK. Anybody who has been watching “Sitting in Limbo” and following the fantastic work done by the journalist Amelia Gentleman on Windrush will know that it is these sorts of debates that sometimes end up creating systems that cause huge problems for hard-working families.

I wish to speak briefly to some of the amendments and new clauses. First, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has tabled a proposal that emphasises the need for a plan for and provision in the crucial area of social care. We are nowhere near through this pandemic and we desperately need to encourage those working day in, day out in the care sector. Those watching this, perhaps in the course of their duties today, may well feel a bit down and depressed that we are not backing them a little more with this Bill.

Secondly, I wish to talk briefly to the question of care leavers, as addressed by new clause 2. Care leavers face numerous levels of disadvantage. Anyone who has worked in a local authority context will be aware of just how many placements the average child in care goes through. Many children go from home to home, from foster carer to foster carer, into residential care and out again, and into their own flat. Throughout that journey they often lose documents and the phone numbers of their legal advisers. Changes to legal aid mean that they can no longer access legal aid. We then have a very disadvantaged and needy 17-year-old who desperately needs immigration advice when they are about to turn 18. Such are the realities of children’s lives in care. We are talking about a tiny number of individuals. It is the sort of clause that we should all be voting for so that a very small number of people are not left out of the system.

Thirdly, I call new clause 29 the Dubs clause. So many Members from all parties have spoken in favour of it, particularly the hon. Member for North East Bedfordshire (Richard Fuller), who has Yarl’s Wood detention centre in his constituency. Many children are desperate to join family members here in the UK. Many other immigration systems in developed countries have positive family reunion programmes that are quick, that include a system in which people do not have to go in and out of the rules and write to MPs and everything, and that are clear and provide for children who have been torn from their families, mainly by conflict, so that they can get that reunification.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Does the hon. Member agree that one of the big challenges for local authorities in making offers has been that in so many cases young people brought to the UK for family reunion find that the family member simply cannot take care of them? Does she welcome the fact that the Government have, at long last, announced a very substantial increase in the funding rate for local authorities that are caring for those young people as they go in adulthood? That will go some way to assisting the issue, about which many Members have talked today, of ensuring adequate provision for care leavers who have arrived in this country as unaccompanied minors or through family reunion, which can rapidly make them unaccompanied because their family member cannot care for them.

--- Later in debate ---

[Catherine West]

Indeed. The hon. Member and I may, I think, previously have been on joint, cross-party delegations to Ministers in respect of several subjects in the course of our local government work. It is important that the Government recognise the important specialist work that local authorities do, and the costs involved in having extra social workers, foster carers and so on, so that young people are properly supported in that process. I welcome any additional funding for local authorities to discharge that important duty.

Finally, I want to talk briefly about my experience a couple of years ago of visiting Brook House detention centre—in the constituency, I believe, of the hon. Member for Crawley (Henry Smith)—on the back of the report in 2014 that my hon. Friend the Member for Sheffield Central (Paul Blomfield) mentioned. He and other Members visited and did an extensive piece of work on indefinite detention and concluded on a cross-party basis that future legislation, such as this Bill, which is a wonderful opportunity, should introduce a 28-day limit, like every other European country has, on detention in immigration facilities.

We are not talking about the 300,000-plus people who arrive in the UK every year. We are talking about a tiny proportion of total immigration—very small numbers each year. I visited with the Gatwick Detainees Welfare Group, a volunteer group that visits facilities to provide friendship, second-hand clothing, mobile phones, and so on, to very vulnerable prisoners. These detainees are the only detainees in the whole country who go into detention and count up. Most prisoners count down from, say, one year—364, 363, 362, and so on. These individuals in immigration detention go in and potentially get lost in the system.

If any Member has ever had a case with the Home Office, they will know that the Home Office can make mistakes—[Interruption.] I see smiles. We could do something practical tonight and vote for this amendment, which has lots of cross-party support, and ensure a just outcome for this tiny number of people in immigration detention.

[Mr Steve Baker]

I rise to speak to new clauses 7 through 10, tabled in the name of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). I am proud, as I said earlier, to have put my name on those amendments with him, and I pay tribute to the superb speech he made earlier. I have heard him make many compelling speeches, but I would say to the Front Bench that his speech earlier was probably his most compelling yet and I agreed with all of it.

I signed the amendments because I want a humane and just immigration system, and of course one of the principles of justice is that we treat people equally. I am very happy to say that as we leave the EU my right hon. and hon. Friends are working towards an immigration system that treats people much more equally, and I am delighted because of course it is the sort of pledge I have been making to my very diverse community in Wycombe. I am delighted and wish Ministers well as they deliver it.

I want to turn to a particular point though. In talking about foreign national offenders, my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Rother Valley (Alexander Stafford) said that constituents would not want these people loose in the UK. I am quite certain that the constituents of Wycombe do not want these people in the UK, but I say to my right hon. and hon. Friends and the whole House that we do not in the United Kingdom imprison people indefinitely on suspicion that they might reoffend.

Indeed, in 2003, Labour introduced a system of imprisonment for public protection, very much along those lines, and a Conservative Government repealed that system of IPP. I hope that my hon. Friends will not mind my saying that I feel a bit long in the tooth for remembering that we repealed that system. We did that because it was right to do so. I want to treat persons from outside the United Kingdom as morally, legally and politically equally as we properly treat people in the United Kingdom, and that means it is not right to detain people indefinitely on suspicion.

Of course, I do not think it is right either that we should be keeping serious offenders in the UK and paying for their upkeep. We should certainly be reforming the system so that such people are promptly deported, which the Home Office insists requires indefinite detention. I agree again with my right hon. Friend the Member for Haltemprice and Howden that were the new clauses to pass it would put pressure on the Department to ensure that people are promptly removed.

I want to put on the record exactly what the Home Affairs Select Committee said about indefinite detention:

“lengthy detention is unnecessary, inhumane and causes harm”.

It also recommended bringing

“an end to indefinite immigration detention and implementing a maximum 28-day time limit.”

I am absolutely in favour of doing that in combination with seeing to it that we can remove foreign national offenders.

I possibly have not got time, but I want to cover a couple of other points.