Chris Philp
Main Page: Chris Philp (Conservative - Croydon South)Department Debates - View all Chris Philp's debates with the Home Office
(3 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
With permission, I will answer these questions on behalf of the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), who is dealing with a family bereavement today.
I am glad to say that the EU settlement scheme is going extremely well. So far, 4.9 million people have been granted status. Only 1% of applications have been refused. It is a true United Kingdom success story. Those who have applied prior to 30 June will keep their status until such time as their applications are decided, so I strongly encourage anybody who is eligible to apply for EUSS status before 30 June to make sure that their status is indeed protected.
Alan Brown
The reality is that the Minister will know that covid has impeded outreach work to EU nationals who are still to apply. Covid has also caused other issues, such as hampering my constituent’s efforts to travel to London to renew his passport at his embassy. That caused real anxiety. If the Minister will not heed our call to grant automatic status, will he at least look at extending the deadline for a year in order to avoid another Windrush scandal?
Chris Philp
Of course, the EUSS has been open since March 2019, so it has been over two years now and significantly predates covid. There are a number of documents people can use if for any reason they do not have their passport or European ID card, and we have given grant funding of £22 million to 72 organisations to help people who need assistance in making the application. I would just say to anyone in the United Kingdom who is entitled to EUSS status to please apply by that deadline. Even if their status is not decided by 30 June, providing they have applied by that deadline, their status will be protected until the decision is made.
Patricia Gibson
Many of the tens of thousands of essential NHS EU workers across the UK may not even be aware that there is a problem with their lack of settled or pre-settled status until their employer or landlord, or another agency, tells them. Does the Minister not agree that there should be an obligation or duty on organisations to signpost individuals to independent advice on the possibility of a late application whenever they encounter an EU national who may be eligible?
Chris Philp
I am not sure I entirely agree with the hon. Lady’s suggestion that somebody may not have noticed Brexit happening. But, quite seriously, we have grant-funded 72 organisations with a total of £22 million to do outreach and to make sure that people who are vulnerable or require assistance, including outreach, are helped to make the application, and 5.4 million people have applied already, which shows that the scheme has been an enormous United Kingdom success story. However, I repeat that anyone who is eligible should please apply by 30 June. It is about three weeks’ time. Now is the time to apply if they have not applied already.
Kirsten Oswald [V]
We have already heard about IT problems, meaning that EEA citizens have been unable to prove their settled status, which the Home Office only allows them to do by digital means. The UK Government are happy providing printed proof of vaccination for those who have no smartphone, or letting people print a PDF if they want back-up in case their phone dies at the airport, so why can something similar not be done for EU settled status?
Chris Philp
I thank the hon. Lady for her question. Fundamentally, this is a UK success story. This system is working, as evidenced by the 5.4 million applications and the 4.9 million grants. To be honest, given all the prognostications of gloom and doom that we heard a couple of years ago, this has been an astonishing success story. If any Member of Parliament has any particular case where a constituent has encountered difficulties, please send it in to my colleague, my hon. Friend the Member for Torbay, or to the Home Secretary, and we will make sure it gets dealt with quickly. We are completely committed to making sure that everybody who is entitled to EUSS status, which is many millions of people, gets that status, which they deserve.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
First, we pass on our condolences and best wishes to the hon. Member for Torbay (Kevin Foster) and his family.
Despite our fundamental disagreements about the design of the scheme, we do all want it to succeed, but we are concerned that a lot of questions still remain outstanding at this late stage. One of the most fundamental is what happens when tens—possibly hundreds—of thousands put in a late application and have to wait for a decision? Will an EU national still be able to keep working as a carer in our NHS in the meantime, for example, or to rent the flat that they are staying in while they are waiting weeks and possibly months for a decision? Surely the answer to that must be yes. But is it?
Chris Philp
The answer is yes. Providing the application is received by 30 June, while the application is being considered—and if it is made on 30 June, clearly it will be decided after 30 June—that particular person will be able to continue working and living as normal with status. So the critical point is to make sure that the application is made by 30 June.
Bambos Charalambous (Enfield, Southgate) (Lab)
On 26 May, in response to a question from the hon. Member for North Down (Stephen Farry), the Prime Minister told the House that the law would be “merciful” to any EU citizens left in a “difficult position” after the EU settlement scheme deadline passes on 30 June. Further to that, I note that today the Home Office website says that late applications to the scheme will be accepted if there are “reasonable grounds” for missing the deadline. Can the Minister assure me that the mercy that the Prime Minister spoke about will guarantee that no one who is entitled to EU settled status but has missed the deadline will lose their rights or access to benefits, or be forcibly detained or removed? Can he tell me how long the late application provision to the scheme will remain open for?
Chris Philp
I reiterate the critical point that people should apply before the 30 June deadline, which is already six months after the end of the transition period. The shadow Minister is right and, indeed, the Prime Minister was right as well. If somebody does apply late and there are reasonable grounds for them to have done so—for example, they might have been ill—then latitude will be shown. There is no hard time deadline to that. A reasonable approach will be taken, but again, the best thing to do for any constituent who is entitled to EUSS is to apply for it before 30 June.
Sir Edward Leigh (Gainsborough) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
My right hon. Friend is absolutely right to draw attention to this. People smuggling is a wicked and vicious activity that puts lives at risk. Indeed, a young family tragically drowned in the channel last autumn. We are prosecuting people who are involved in people smuggling. Since the beginning of 2020, there have been 65 prosecutions related to small boat crossings for those people facilitating that sort of activity. We are now explicitly going after the people who drive these boats, and our objective is to prosecute as many of those wicked facilitators as we can get our hands on.
Sir Edward Leigh
Does the Minister recognise the public anger at us being made fools of in this? Border Force is little more than a taxi service for illegal migrants—it is ridiculous. Will the Minister assure me that he will use his powers under the Immigration Act 1971 to arrest all illegal immigrants, put them in detention, prosecute them, imprison them and deport them, so that we can stop this horrible trade dead in its tracks?
Chris Philp
I completely share my right hon. Friend’s anger at the situation, and the Home Secretary and the Prime Minister do as well. As I say, we are actively prosecuting the facilitators. In the forthcoming sovereign borders Bill, as part of the new plan for immigration, we plan to significantly strengthen the section 24 illegal entry offence in the 1971 Act, to which he refers, to make it easier to use and easier to implement in practice. At the same time, we will increase the sentence for illegal entry and the sentence for facilitation under section 25 of the Act. I look forward to working with him on getting that Bill passed as quickly as possible and then implemented.
Sarah Olney (Richmond Park) (LD)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
It is my lucky day today, Mr Speaker. It is, of course, open to EU citizens with indefinite leave to remain to apply for EU settled status. Some of them choose to do so because the rules are slightly better for EUSS in terms of the ability to leave the country for a particular period and the family reunion rules. There is no obligation on people with ILR to apply for EUSS, but it is a choice that each individual may or may not choose to make according to their own personal wishes and circumstances.
Sarah Olney [V]
I am grateful to the Minister for his answer, and I would like to offer my condolences to the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster).
Many constituents of mine who have previously been granted indefinite leave to remain have received letters suggesting that they should apply for EU settled status instead. This has created a great deal of consternation and a fear that their indefinite leave to remain status may not be valid in the future. Can the Minister tell me why those letters were sent? It is not clear to people whether or not they should be applying for EU settled status. Could he give a clear answer to my constituents on this matter?
Chris Philp
My understanding is that those people with ILR who are also eligible for EUSS can continue to enjoy ILR whether or not they apply for EUSS. Letters were sent out to people who might be eligible for EUSS, but I believe those letters did make it clear that someone who received those letters who was already naturalised as a British citizen or indeed had ILR needed to take no further action. If the hon. Lady thinks those letters were unclear, I will be happy to look into it further, but I understand that they were worded in such way as made it clear that no further action was taken in the circumstances she describes.
Jessica Morden (Newport East) (Lab)
Esther McVey (Tatton) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
This Government are serious about fighting crime and making sure the criminal justice system is one the public can have confidence in. That is why the Police, Crime, Sentencing and Courts Bill currently going through this House sees the sentences for causing death by dangerous driving being increased to life. It is why many of the most serious offences, including rape, will see the perpetrators spend longer in prison, while at the same time we make sure that those people with drug and alcohol addictions get the treatment they deserve. I hope my right hon. Friend will agree that these are measures that will build public confidence and keep the public safer.
Esther McVey
I want to congratulate the Government on their plans to extend sentences for the deplorable crime of assaulting our emergency workers. Is not it now time for a specific offence of assaulting shop workers and other customer-facing frontline workers, given that the number of assaults on them since this pandemic started has doubled?
Chris Philp
My right hon. Friend is right: we are of course doubling the sentence for assaulting—for the common assault of—an emergency worker from one year to two years, which I think is widely welcomed across the House. In relation to other people who deal with the public—not just retail workers, but transport workers, teachers, postmen and women and other people who deal with the public—that is already taken account of in the Sentencing Council guidelines, which makes it an aggravating factor if the victim deals with the public. Therefore, judges can reflect that when handing down sentences. There is a Westminster Hall debate later on today on this very topic, and I am very much looking forward to discussing it in more detail then.
Clive Lewis (Norwich South) (Lab)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
In relation to EU citizens who are granted EUSS status, where their family who are not EU citizens reside in the United Kingdom, they can apply for EUSS status as well. For close family members who are not in the United Kingdom at present, they are able to join the person who is granted EUSS status. If it is a child under the age of 21, that is automatic. If it is parents, grandparents or children over the age of 21 where there is a degree of dependency, they can join as well. So I think those are extremely generous arrangements—far more generous than the arrangements for other cohorts of people.
Clive Lewis [V]
I thank the Minister for his answer. Even where the guidance provides a route back to status, it will not protect EU citizens who missed the deadline from hostile environment policies, or prevent them from being denied access to homelessness assistance and free NHS care, as recently confirmed by other Departments. Will the Minister assure the House that EU citizens and non-EU family members who miss the deadline will maintain the right to such assistance, and be able to continue working without fear of criminal liability?
Chris Philp
On the deadline, I will repeat what I said earlier: the critical thing is to encourage constituents, very strongly, to apply by that deadline. If somebody misses the deadline, of course they can apply where they have reasonable grounds to do so. Guidance is about to be published on precisely what will happen to those who miss the deadline. I assure the hon. Gentleman that the Government intend to take a reasonable and proportionate approach, and I ask him to wait just a short time until that guidance is published.
Mr David Davis (Haltemprice and Howden) (Con)
Kate Osborne (Jarrow) (Lab)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The use of detention, including the detention of women for immigration purposes, has reduced significantly over the past few years. In particular, for women who have survived torture, rape or trafficking it is used extremely sparingly, if ever. There is an adults-at-risk policy, which makes sure that people who have suffered in that way are detained only in extremely rare cases where the vulnerability is outweighed by very serious risk, for example, to public safety. Those exceptions are extremely rare.
Kate Osborne
The Minister says that these cases are extremely rare, but an immigration removal centre for women is set to open in the north-east on the former Medomsley detention centre site, despite, as he said, the Home Office previously committing to reducing its use of detention for women. Research shows that many detainees are survivors of torture, rape or trafficking, and detaining women in this way severely impacts on their mental health. Does he agree that reopening the Medomsley site should be reviewed and that immigration cases can be resolved more humanely and at less cost in the community?
Chris Philp
First, I remind the hon. Lady again that the use of detention in general and for women in particular has reduced very significantly already over the past few years. Secondly, Hassockfield is replacing the Yarl’s Wood facility, which is being converted for mainly male use and, therefore, the number of female places for immigration detention as a result is going down dramatically. Thirdly, no, we are not going to review the use of Hassockfield—first, for the reason I have just mentioned, it actually represents a reduction in total numbers, and, secondly, because the adults-at-risk policy very actively, carefully and thoughtfully weighs up vulnerability against questions of detention. My hon. Friend the Member for North West Durham (Mr Holden) has been fully engaged on this issue. The new centre will create local jobs, and, as I said, it will also represent a reduction in the women’s detention footprint.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
We will take steps to ensure that children in care are handled sensitively. As I mentioned in answer to previous questions, if someone misses the 30 June deadline, where they have reasonable grounds for doing so—that could conceivably very well apply to children in care—discretion will be exercised and a late application accepted.
David Simmonds [V]
I welcome the Government’s commitment that we will learn lessons from Windrush and ensure that vulnerable people, especially children, do not find themselves with a question mark over their status in years to come. Will my hon. Friend confirm that the offer of support to care leavers making applications out of time includes those who were aged 18 to 25—and therefore had care leaving status under the Children Act 1989—before 31 December 2020, not just those who were under 18 at the time? Will he consider tweaking the case study provided in the Home Office guidance to make that absolutely clear?
Chris Philp
As I mentioned earlier, we are doing a great deal of active outreach via grant-funded organisations, in particular with local authorities, to make sure that vulnerable people of the kind my hon. Friend describes are reached. I can give him an assurance that the care leavers he describes are potentially included, because the reasonable grounds provision potentially applies to anybody. Anyone who misses the deadline, whether they are a care leaver or, indeed, anyone else, can make the case that they have reasonable grounds for having missed the deadline, so they are absolutely included. The list of case studies is, of course, non-exhaustive; it is designed not to list everything, but to give a few examples. Anybody can apply for the reasonable grounds exemption. I repeat that anyone who thinks that they are eligible should apply by 30 June. That is the best way to make sure that their case is handled properly and fairly.
Sir Edward Leigh (Gainsborough) (Con)