British Citizenship Fees: Children

David Linden Excerpts

Tuesday 4th September 2018 Westminster Hall

[David Linden (Glasgow East) (SNP)]

As always, it is a pleasure to serve under your chairmanship, Mr Hollobone. I welcome everyone back; I hope all Members have had a restful recess. I commend my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing today’s debate under the auspices of the Backbench Business Committee. I pay tribute to his work as immigration spokesperson for our party. It is difficult to sum up this debate, because normally he would be doing it. I would have said much of what he said. I also want to take a moment to congratulate the hon. Member for East Renfrewshire (Paul Masterton) on joining the Government. He is moving up to be a Parliamentary Private Secretary to the Minister, and I wish him well in that.

During the course of the debate, we have had no fewer than 11 Back-Bench contributions, including interventions from the hon. Members for Stirling (Stephen Kerr), for Henley (John Howell) and for East Worthing and Shoreham (Tim Loughton), my hon. Friend the Member for Edinburgh North and Leith (Deidre Brock), and the hon. Members for Brentford and Isleworth (Ruth Cadbury) and for Stretford and Urmston (Kate Green). They all made valid contributions. The point that the former Children’s Minister, the hon. Member for East Worthing and Shoreham, made about people who have been in the care system was spot on, and I hope the Minister will take it away and look at it.

The hon. Member for Moray (Douglas Ross) spoke about the importance of fairness, and I hope the Minister will take that on board. The hon. Member for Ipswich (Sandy Martin) made a passionate speech about the dangers of having another Windrush scandal by continuing the hostile environment. He was absolutely right to raise that issue. The hon. Member for Strangford (Jim Shannon) spoke with his typical compassion, which we have heard so often in this Chamber. In particular, he spoke about the racketeering that the Government are pursuing.

My hon. Friend the Member for Glasgow Central (Alison Thewliss) spoke eloquently about her casework experience and the people she sees at her surgeries week in, week out. She also spoke of the chaos we see unfolding from the Home Office week in, week out. She was absolutely right to put that on record. She also voiced concerns about what happens when we take back control of our borders and when EU nationals are also subject to the fees. Finally, the hon. Member for Pontypridd (Owen Smith) spoke about not learning lessons from the Windrush scandal. If we do not get a grip on the issue, we may well see a repeat of that.

The SNP has a fairly strong track record of consistently calling on the British Government to end their self-styled hostile environment policy. We have been consistent in calling on them to scrap their nonsensical immigration targets and abolish the prohibitive fees. The bottom line is that the Home Office should not be profiteering from children who are simply exercising their legal rights. Only last week, I had the pleasure of visiting Eastbank Primary School in Shettleston, where some of the children were showing me their wall display about their campaign for children’s rights. It is a very topical issue for the Scottish Youth Parliament as well.

Young people are aware of their rights, but an estimated 120,000 children living in the UK have neither British citizenship nor immigration permissions to be here. Equally, more than half those children were born in the UK and are perfectly entitled to register as British citizens under the provisions of the British Nationality Act 1981. Many of these children would simply be exercising their rights by applying for British citizenship, but they are being actively prohibited from doing so because of blatant profiteering on the part of the British Government. The fee for children to apply for registration stands at more than £1,000, making the Government a healthy profit of £672 on every application, given the stated processing cost of just £386. Why is there such a large fee? More to the point, why has there been such a significant increase—some 148%—since 2014? When the Prime Minister took office in Downing Street, she spoke about helping the “just about managing”. When the Government are asking people to pay these exorbitant fees, it seems they have forgotten about the “just about managing”.

Quite rightly, the British Government have been hauled over the coals following the shocking revelations about what happened to the Windrush generation. It is clear that the Minister and the Home Secretary are trying their best to get a grip on that situation, but the harsh reality is that, as other hon. Members have said today, we face the prospect of a second Windrush generation if the British Government do not immediately commit to reviewing and changing what has become, frankly, a Whitehall racket when it comes to child citizenship fees.

The ideology of the hostile environment is certainly not something that I support. It has no place in Scotland. We want instead to be a welcoming, outward-looking nation, with a diverse and growing population fit to meet the changes and challenges of the 21st century. However, Home Office policies and dogma are actively hindering that, so if the British Government will not enact a reasonable, fair and pragmatic immigration system, Scotland stands ready to take on immigration powers by way of devolution. That is not just something that I and the SNP are calling for; it is backed by the Scottish Trades Union Congress and countless others across civic Scotland.

[Douglas Ross]

Does the hon. Gentleman accept that it is not backed by the vast majority of people in Scotland, who have been polled time and again and agree that Scotland should have the same immigration systems as the rest of the UK?

[David Linden]

In short, no. We have to look at the challenges that Scotland faces. Over the summer recess I undertook a process called In Your Shoes and I worked in care homes. I spoke to the people who run the homes and they are absolutely terrified of what will happen in future with the workforce. If the Westminster Government continue to pursue the one-size-fits-all policy, pursued through an entirely London-centric lens, we will end up with a situation in which people in care homes say, “People will not come to work here because the UK Government have such a hostile immigration policy.” From a practical point of view, Scotland needs control over immigration.

I welcomed the comments made by the right hon. Member for Islington North (Jeremy Corbyn) when he came to Scotland on one of his recent trips. He was sympathetic to the devolution to Scotland of aspects of immigration policy, and I hope that the hon. Member for Manchester, Gorton (Afzal Khan) might be able to offer a little more clarity on UK Labour’s position on the devolution of immigration powers when he sums up in a few moments.

In conclusion, we want the British Government to remove the profit element from applications that children make to the Home Office. We want an immediate commitment to not increase application fees for limited leave to remain beyond the current level for children and young people. Above all—this is my final message to the Minister—we want an immigration system that is fair and compassionate and puts people first, not profit.

--- Later in debate ---

[Caroline Nokes]

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

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

[David Linden]

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

[Caroline Nokes]

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

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