Immigration Rules: Spouses and Partners

Debate between Diane Abbott and Jim Shannon

Tuesday 31st January 2017 Westminster Hall

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

Let me say what a pleasure it is to serve under your chairmanship, Ms Ryan. We all commend you for the dedication you have shown, despite the challenges you faced this morning, in being here promptly to preside over this debate. I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on bringing forward this debate on an important subject. Any MP with any minority communities in their constituency will have experienced the unfairness of these rules.

We are here to discuss the fairness, practicality and justice of the maintenance funds requirements for spouse and partner visas. Sometimes people talk about these issues, in particular in the tabloid press, as though fairness and justice in relation to migrants is not a concern of the British people. However, I was outside No. 10 last night at the biggest demonstration on Whitehall that I have seen in 30 years as a Member of Parliament. Those people were concerned precisely about the fairness and justice of the way the new American President is treating migrants, such as the complete suspension of refugees entering the country and barring people from an arbitrarily chosen list of majority Muslim countries. Sudan is on the barred list but Saudi Arabia is not, where all the 9/11 terrorists came from but, by coincidence, President Trump still has business interests. The remarkable thing about that huge and, for the most part, good-natured demonstration was that the vast majority of people who had come to demonstrate at very short notice were not from the communities affected; they were British people concerned about fairness and justice in relation to migration.

[Jim Shannon]

I know the hon. Lady shares my annoyance and concern over the way the situation was handled. People on planes landing at airports in the States were turned away because of a decision by the President. That is an example of the harshness from President Trump and is why people protested last night and we are having this debate today.

[Ms Abbott]

Exactly. I am grateful to the hon. Gentleman for showing how the demonstration corresponds with this morning’s debate. The issue is not just that they are seeking to tighten immigration rules in the United States, but the harshness, the unfairness and the arbitrary way of how it has been done. These maintenance funds requirements are another example of harshness and unfairness, and of not thinking through how the changes would operate in practice. I have no hesitation in saying that this policy and these maintenance funds requirements are impractical, unjust and counterproductive.

As other Members have reminded us, this issue is still before the courts. This is not just a question of Opposition MPs making all sorts of aspersions on Government policy. In July 2013 the High Court did not actually strike down the rules as unlawful in general, but did find that the way they are applied amounts to a disproportionate interference with family life in certain cases. Several Members have raised the issue of the interference of these rules in family life. In July 2014 the Court of Appeal allowed the Government’s appeal against the High Court decision. In May 2015 the Supreme Court granted permission to appeal against the Court of Appeal’s decision; it heard the appeal last year and is yet to hand down judgment.

We might think that, faced with court rulings saying that these maintenance funds requirements have a disproportionate effect on family life, any Government concerned about supporting family life might step back and review their operation. When all is said and done, however we define a husband and wife and however we define a family, strong families are one of the building blocks of our society. Whatever their concern about what the tabloid press says about immigrants on any given day, no Government should wilfully pursue policies that have the detrimental effect on family life that these maintenance requirements do.

Like many Members who have spoken, I deal with the practical consequences of these rules every week in my advice sessions. As we all appreciate, I have the difficult task of trying to explain to distraught husbands or wives that these rules exist and that because of someone’s country of origin, they face this arbitrary hindrance on family reunion. In June 2013, as other Members have mentioned, a report by the all-party group on migration called for an independent review of the requirement and its impact. The Government have yet to respond to that demand.

As we know, the policy requires non-European economic area visa applicants to have available funds equivalent to a minimum gross annual income of £18,600. It is inherently discriminatory because it requires a higher income threshold in cases that include non-EEA children. It is also discriminatory because in many cases only the British and settled visa sponsors’ employment income can be considered. It discriminates against women because their incomes tend to be lower, and effectively encourages family and partnership break up. As other Members have said, the Migration Observatory found that 28% of non-EEA men and 57% of non-EEA women did not meet the threshold. Consequently, the policy hits some ethnic groups harder than others, notably Pakistani and Bangladeshi applicants.

Alcohol Strategy

Debate between Diane Abbott and Jim Shannon

Tuesday 7th February 2012 Westminster Hall

[Ms Abbott]

Will the hon. Member for Strangford (Jim Shannon) give way?

[Jim Shannon]

Let me just get this important point on the record. We have to address all the issues. There are different ways of doing so and one is to increase the price of alcohol.

[Ms Abbott]

Does not the hon. Gentleman agree that all the medical and research evidence shows that price is a key factor for two categories of drinker: young drinkers and problem drinkers?

[Jim Shannon]

I thank the hon. Lady for her wise words. That is exactly what we feel is important. We have to take on hard issues and address them early. We need a strategy that reflects an in-built protection for children and adults alike.

I urge that the points of view advanced by the hon. Member for Totnes and other hon. Members be considered and that we adopt a strategy that addresses the issues that plague society today.

HIV

Debate between Diane Abbott and Jim Shannon

Wednesday 1st December 2010 Westminster Hall

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

I am pleased to have the opportunity to speak in this important debate on world AIDS day, and I congratulate my hon. Friend the Member for Inverclyde (David Cairns) on securing the debate.

Let us remember that some people who are suffering from HIV/AIDS, or suspect that they are, will have supportive partners, be in supportive communities and face the future with some positivity. Many, however, will be very frightened and very alone. It is a good thing that we in this Chamber can openly debate this issue and its ramifications, because it will reassure not just communities, activists and lobbyists but individuals who may read and see the debate this afternoon.

We must remember that we have moved some way since the early frightening adverts in the 1980s. No one who saw those adverts, with the tombstones collapsing and the voice of doom, has ever forgotten them. We should congratulate Norman Fowler on taking up the cause and using the power of his Department to put it in front of the public.

When we look at some of the indices around HIV/AIDS, we see that there has been an increase in HIV testing among gay men. Testing rose from 58% in 1997 to 72% in 2008. We have seen a plateau in new diagnoses among gay men, and we now see a consistently high rate of condom use among them—at least nine out of 10 now use condoms. The fact that we have seen such progress is partly a tribute to the people who took up the issue all those years ago. It is also a continuing tribute to the communities, activists and health providers who provide both care and commitment, and we need to acknowledge that today in this debate.

However, there is still some way to go. How we go forward on HIV/AIDS will be a test of the reorganisation of both the NHS and public health that has been announced in recent months. In principle, I do not think that anyone in this Chamber is opposed to the reorganisation, but it is just this sort of issue, which is not consistent across the country, that is not necessarily well represented in GPs’ lists and has different levels of information across the country; there may not be as much information in rural areas as there is in Brighton and London. That will be a test of the reorganisation’s effectiveness.

We know that AIDS can affect anyone, and that apart from the gay community the largest community affected by HIV/AIDS is that made up of black African men and women; currently, 38% of new HIV diagnosis is among that group. The stigma attached to HIV in that community cannot be overstated, and it very much hampers efforts to reach out to people and achieve early diagnosis.

The problem among black African men and women—and among other groups, as well—is that they present late and are therefore diagnosed late. That not only gives them a poor prognosis; it means that the cost of treatment is much more expensive than it need be. That is true of any individual or any group that presents late.

Another issue with black African men is that, even though they may be having sex with men, they refuse to consider themselves as gay. They think that HIV is something for the gay community and not for them, so they end up presenting very late indeed. They are more likely to be undiagnosed and to live in areas in which a relatively high proportion of the population are not on their GP’s list, so they are not really interacting with the authorities.

I should like to use this debate to stress the importance of educational and informative work generally and with the black and African community in particular. We must do more with the Churches, because that is probably the most effective way to reach those groups. Any Sunday morning, there will more people in African-led churches in Hackney than at any political party meetings for 12 months of the year.

We need to normalise testing and offer it in a much wider range of settings—not just for black and African men and women, but for the population as a whole. I was routinely tested when I had my son 19 years ago and thought nothing of it. We need to make testing more routine so that people do not think, “If I go for this test, it will badge me as someone at risk.” Universal testing may well be a step too far, but we need to make testing available in a wider range of contexts.

My hon. Friend the Member for Inverclyde said that he did not want to talk about international issues, but given that 38% of new HIV diagnosis is among black African men and women, I do not apologise for raising the issue of funds for the Global Fund to fight AIDS, Tuberculosis and Malaria. I know that that is not a matter for the Minister and I do not expect her to respond on the specific point. None the less, will she pass on to her colleagues the very concerning fact that the global fund is £13 billion short of what it needs? If the UK was to raise its pledged amount in line with France and other western European countries, the fund would be able to go to private sector donors such as the Gates Foundation and reach the amount of money it needs.

In that context, I should like to mention—again, I do not expect the Minister to respond on this point—that in the next few weeks we will have EU trade talks with India in Brussels. There is a great concern that as a consequence of the trade talks, India might not be able to produce the cheap generic drugs that have played such a huge role in the fight against AIDS in Africa. That would be a blow not so much for Indian industry, but for the millions of people in Africa who have benefited from access to cheap generic drugs.

HIV/AIDS is no longer a death sentence, which is good news. Thanks to new drugs, research and greater understanding, people are now living with HIV. As one of my hon. Friends said earlier, we have 65,390 people in the community living with HIV. In fact, it is increasing faster among the over-50s than among any other group, which raises new issues that were not considered in the era of the adverts with the crashing tombstones and the voice from above.

My hon. Friend the Member for Ealing, Southall (Mr Sharma) mentioned the issue of depression and how that interconnects with sufferers of HIV/AIDS and the support that they need in relation to that. There are ongoing concerns about care and support that were not an issue 20 years ago. If we are to offer sufferers from HIV/AIDS equity of health care and, as far as possible, a good quality of life, we must consider care and support, within the new health service and local authority structures, as we have not in the past.

As I said at the start of my remarks, the reorganisation of the commissioning of health care and of the public health service will be tested by this issue. Many ordinary people on the ground will judge the reorganisation by how issues such as this are dealt with. I stress, as my hon. Friends have stressed, the importance of a national strategy. We need to consider how it can go forward under the new arrangements. Will the Minister tell us who will be responsible for commissioning and funding the information work that is needed now more than ever—in particular, the specific education work that goes into the communities that I have mentioned? Who will be responsible for commissioning preventive work, care, treatment and support? I will listen with interest to the Minister’s responses to those questions.

I welcome the new public health arrangements in principle. Public health has been a core activity of local government since the 19th century and so, as a former local councillor, I am glad that public health has “come home” to local authorities. However, because I know local authorities and how they work, I want to be convinced that it is possible effectively to ring-fence the public health funds that they will receive.

I imagine that what some local authorities will do—or will be tempted to do, conceiving themselves to be under financial pressure—is to rebadge existing work in the areas of social care and environmental health as public health expenditure, and the new funds that all of us in Westminster Hall imagine are there for public health will melt away in the current climate. So this will be a test, as much as anything else, of how far it is possible effectively to ring-fence public health funds once they fall to local authorities.

Then there is GP commissioning, and the issue of HIV/AIDS will be a test of that system. The important thing with GP commissioning is that GPs should commission for their community and not for their list. As an east end Member of Parliament, I know that there are many public health issues that manifest themselves more extensively among people who are not actually on GPs’ lists, for a whole number of reasons. Tuberculosis is a case in point. A disproportionately high number of people who suffer from TB are not on a GP’s list, for a number of reasons. HIV will be a test of the extent to which GP commissioning consortiums will commission for the community as a whole and not just for the people who are on GPs’ lists and present themselves for treatment.

It will be important to know what will happen to some of the survey work that is carried out by organisations such as the London Health Observatory; I had a meeting with representatives of that organisation this morning. That survey work is the only way of seeing what the trends are in issues such as HIV. It is easy for us to say this afternoon that 43% of HIV/AIDS sufferers are in London, many more are in Brighton and so on. However, we live in a globalised environment and there are trends and changes. Only survey work—not only national survey work, but sometimes precise survey work—can track what is really happening with HIV/AIDS.

[Jim Shannon (Strangford) (DUP)]

I understand that some of the figures that have been released in the past year for those who have just been diagnosed with HIV show that it is not just a young person’s disease any more; it also affects those who are 50-plus or 55-plus. I wonder whether the hon. Lady is aware of that. If she is, what does she feel should be done to address that issue of those in an older age bracket who are now succumbing to the disease?

[Ms Abbott]

That is an important point, and it is one that I touched on earlier. It shows that anyone can find themselves—