Immigration Bill

Earl of Sandwich Excerpts

Monday 10th February 2014 Lords Chamber

[The Earl of Sandwich (CB)]

My Lords, it is not a good economic or political climate for immigration. With so much conflict in the Middle East and north Africa and more people on the move, this year will see increasing pre-election prejudice against immigrants, some of it in the House of Commons and some in the European Parliament. We have passed through such waves of xenophobia before. The media are full of stories about Greece’s leaking borders, record numbers of babies born to Bulgarians, Italy’s indomitable boat people and the Swiss—the Swiss—resisting migrants even from EU member states. In this atmosphere, the Immigration Bill cannot be dismissed as merely pandering to the UKIP wing of the Conservative Party, although it does that too. It is responding to a genuine public concern that, for all sorts of reasons, we are allowing in too many people.

It has been said that immigration debates are usually based on inadequate information, but a few years ago this House apparently offered a beacon of light. The Lords Economic Affairs Committee was recently described as a,

“bright spot in our political darkness”.

It takes a lot of careful reading to work out its real point of view. Its 2008 report on immigration challenged even my long-held belief that economic migration has been a benefit to this country. I had to think again whether it was right for the Government to put a cap on immigration numbers.

What concerns me today is that, in our laborious but legitimate efforts to reduce illegal migration, we are handing out harsh treatment to other people: genuine migrants, asylum seekers and students. In his unique contribution, the noble Lord, Lord Griffiths, reminded us of the bigger picture. Asylum seekers should be seen in a category of their own since, in general, they seem to be genuinely fleeing from persecution and claim our sympathy provided they do not breach the rules. I trust that the Minister is not part of the coalition that sees human rights legislation, here or in Europe, purely as a vehicle of illegal claims for asylum.

UK Governments, of all persuasions, have come down on asylum seekers with successive and excessive legislation on matters such as detention and removal—as we have just heard—judicial review, legal aid, bail and access to healthcare. The noble Lords, Lord Avebury and Lord Roberts, and the noble Baroness, Lady Kennedy, have drawn attention to the length of time people now spend in detention centres without proper redress. This Bill is no exception to the trend. Let us take healthcare: Clauses 33 and 34 require certain immigrants to pay a so-called immigration health charge. As the JCHR says, this is not confined to illegal migrants but catches people who are lawfully in the UK. Clause 34 enables the Government to charge anyone without indefinite leave to remain for healthcare, even in emergencies and in most areas of primary health, although GP consultations will remain free.

The problem is that charging has been shown to discourage the more vulnerable patients, a point made powerfully by the noble Baroness, Lady Hamwee. Médecins du Monde found that 73% of such patients in east London were not registered with a GP, over half of them had a poor understanding of the rules and 40% were unable to gather the necessary documents. Another study of 112 asylum seekers in Brixton found that 54% of such patients entitled to free healthcare had been turned away from mainstream GP surgeries. Health professionals have also written to express their concerns about the implementation of these proposals, whether they are feasible and how the cost of administration is going to be met.

The situation of children, especially those whose parents face deportation, has been mentioned several times by the right reverend Prelate and others. The Home Office recognises that this is a problem, but the Bill makes their plight even worse. Nearly one-third of appeals against deportation succeeded in 2012-13 and yet, under Clause 12—against the advice of the JCHR—people may be prevented from challenging their deportation. As the noble Baroness, Lady Smith, said, much more needs to be done to improve initial decisions. We have said this for so many years. If people have children in the UK and they are forced to appeal from abroad without any access to the usual advice, this is bound to be damaging to the family. Judicial review is also going to be limited to those who do not pass the residence test. How can the Minister explain his claim that the Bill can protect such children?

Clause 14 seems to be an attack on Article 8 and Article 3 of the ECHR. This is a typical situation where a law, discredited by a few criminals, comes down on innocent families, especially on children with no control over their own situation. I fully accept that it is often a fine judgment, because it implies balancing the best interests of the child against the public interest concerning the parent. However, as the right reverend Prelate said, many children become victims of social exclusion when they are so treated. How does this clause tally with the Chikwamba case? That was an important decision by the House of Lords which means that a test of reasonableness now has to be applied before illegal immigrants are forced to return to their country and family situations must be examined on a case-by-case basis.

Recently, we debated cuts in legal aid again, and this was mentioned by the noble Baroness, Lady Kennedy, just now. These cuts are hitting detained asylum seekers as well as vulnerable young people. They will inevitably mean more unrepresented appellants. Meanwhile, I understand that the role of the non-legal members of the Immigration and Asylum Tribunal, in both the First-tier Tribunal and Upper Tribunal, may be under threat from further cuts. These are experts who sit with immigration judges and they are essential to the process of hearing appeals against decisions to refuse entry or to deport. With the increasing volume of cases, it seems quite wrong to reduce the numbers dealing with them at this time. There are only 32 of them. There has already been public consultation on this decision. Now, I can only hope that the Minister will look favourably on the tribunals, even though he may not be able to make reference to them today.

Finally, turning to the subject of students, the Minister will remember my concern that the bona fide colleges were suffering considerably from the Government’s policies, rather more than the universities. Bogus students have been rightly targeted, but I am referring to the effect of previous legislation, as well as this Bill, on genuine students in our colleges and universities. All of us who want students taken out of immigration numbers—and I know that the Minister will make the OECD point again—have watched this country lose revenue today, but we will see the loss of revenue and our international standing tomorrow. At the same time, colleges and other institutions are being turned into agents of the Home Office, and now landlords are going to join them.

The Minister mentioned ensuring competitiveness, but he will have heard my noble friends Lord Bilimoria and Lord Hannay speak about the competition in Australia, Canada and elsewhere. Like my noble friend Lord Bilimoria, I am especially worried about the loss of Indian students. I wonder whether the Minister saw the Indian High Commissioner’s interview in The House magazine last week. He said that restricting students’ opportunities to work during and after their studies was especially counterproductive. I wonder whether the Home Office has talked to the high commission about this.

Students who study practical subjects such as catering or design technology—and there are many from the subcontinent who do—are now branded as illegal workers, although they have a very limited chance of getting work experience, which is essential to their courses and careers. They need to see how things are done in the high street. In view of the strength of feeling in this House, is it not high time that the Government confronted this issue once and for all?

I am a patron of the Haslar Visitors Group in Portsmouth and I have just received an invitation to its next AGM, which has the theme “How do we avoid becoming the nasty country?”. I sincerely hope that the Government, in their search for solutions, will remember that this country has had a deservedly good reputation for hospitality to strangers over many centuries, and we do not want to tarnish it.