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

Gary Sambrook Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Gary Sambrook (Birmingham, Northfield) (Con)]

I will be supporting the Bill today because it is about delivery. It is about delivery of a manifesto commitment we made. It is about delivery of legislation that reflects the mood of the nation. It is about delivering the end of freedom of movement. It is about delivery of a points-based system, for which many people across this country have called for many years, and they have been ignored by politicians. It is about this Government delivering on that promise.

Many seem to have forgotten about the political tsunamis that the referendum and the 2019 election caused. Many from the Opposition Benches and living rooms have forgotten about those two elections. They were about the concerns, views and problems of working-class people being ignored for generations. People who had voted for politicians who ignored them for decades decided that they had had enough and replaced those politicians with a new generation of politicians in this place. People voted Conservative for the first time in decades in many areas, including in working-class communities in constituencies such as mine.

People are often confused and say that the immigration debate is based on race and people’s country of origin. Nothing could be further from the truth. It is about jobs and services. I find it really frustrating listening to right hon. and hon. Members on the Opposition Benches and businesses when the only solution to workforce issues that they seem to be able to find is immigration. That is not the only way of solving workforce issues. Are we supposed to say that we are going to ignore the thousands, if not hundreds of thousands of people across this country who have talent and could contribute economically?

In my constituency there are more than 4,000 people who are economically inactive—people claiming out-of-work benefits—many of whom could contribute. Are we to tell them that we are going to completely ignore them—that they are beyond reach, that they cannot experience the benefits of work, that the security of a pay packet is beyond reach for them? I do not think so. Are some businesses and the Opposition really saying that we should not invest in the skills and the future of people across this country? I certainly am not. I see it as my duty as a Member of Parliament to ensure that we invest in skills and the contribution that people can make, and I think business has a key role to play in that.

Many people on the Opposition Benches would have us believe that the Bill is about closing the door to the world. Nothing could be further from the truth. It is about opening it up for the best and the brightest from around the world, not just the European Union. It is about a sensible and common-sense approach to immigration.

A number of constituents have contacted me about their concerns about channel crossings and illegal migration. I say to them: “I hear you and I agree with you.” I share those concerns. If it were not for the inability of the previous Parliament to make a decision, we would have been well on the road to solving that issue. I have faith that this Government and this Home Secretary will solve this problem.

Many on the Opposition Benches say they do not trust the Government to deliver on this. Well, I am afraid we were never asking for their trust. They gave the electorate their ideas; they had their manifesto, and it was roundly rejected across the country. It was the Conservative party whose ideas of ending free movement and installing a points-based system were supported by the majority of this country. That is exactly what we are going to do and why I am proud to support the Bill.

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

Gary Sambrook Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[The Chair]

Order. I know it is unnatural, but you have to face us, or the microphones will not pick you up.

Adrian Berry: Sorry. There is a power in the European Union (Withdrawal Agreement) Act 2020 to create a right of appeal for those who are refused under the settlement scheme. A statutory instrument was laid and came into force on 27 January in the form of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, which covers most of the terrain but, to deal with your point, does not cover invalid applications that are made under the EU settlement scheme, because they are not considered to have been properly made. There is no appeal right for those people. That would be a welcome amendment.

Briefly on a declaratory scheme, given how many people have been registered under the EU settlement scheme, there is a need to encourage maximum compliance and to make sure that deadlines are extended, if necessary, beyond June 2020 next year. There may come a point when the full merits of a declaratory scheme, which I would have supported at the outset, become more manifest to deal with the remaining cases, but at the moment we need to ensure compliance and a full subscription take-up of the scheme.

Bella Sankey: It is deeply problematic that there is not a declaratory scheme for EU citizens. Again, the echoes of Windrush should be considered. Wendy Williams, in her report published last month, found that the Windrush scandal was entirely “foreseeable and avoidable”.

At the time that the Immigration Act 2014 was passed, I worked for Liberty, the National Council for Civil Liberties, and we warned the Home Office that the Windrush scandal, and other scandals, would happen because of the hostile environment that was being introduced. I say again in 2020 that there will be a similar scandal, this time for EU citizens, because the very same problems that the Windrush generation encountered will be real and evident for EU citizens who do not manage to apply for the EU settled status scheme in time. Of course, they will often be people who are more vulnerable and in harder-to-reach groups, and will be made more marginalised by the fact that they have become essentially undocumented.

One of the other big problems with the Bill when thinking about redress and natural justice is that, at present, legal aid is not available in immigration cases. That was one of the many reasons why, during the Windrush scandal, people found themselves being detained and wrongfully deported. There was no access to lawyers for that generation that came to the UK post war to help us to rebuild. Similarly, there will be no access to lawyers for EU citizens who are seeking to regularise their status after the applications close. That is why one of the other amendments that Detention Action is proposing to the Bill is to bring civil legal aid back within scope, at the very least for article 8 cases where people’s private and family lives and human rights are at stake.

[Gary Sambrook (Birmingham, Northfield) (Con)]

Q Mr Berry, I sense your displeasure with clause 4, but earlier, in answer to Mr McDonald’s question, the FSB said that it was actually very happy with it, because it allows a degree of flexibility and allows the Government to respond to workforce demands and so on. Do you not think that business has a point, that flexibility should be built into the system?

Adrian Berry: The flexibility that you need to make individual rules about economic migration you get from the immigration rules, which are of course not the subject of this Bill. If you want to change part 6A, which contains the current points-based system for economic migration, the Secretary of State can lay new or amended immigration rules, with the assistance of the Immigration Minister.

Clause 4 here is designed to deal with primary legislation and retained EU law, not with the immigration rules, so if the FSB thinks the clause is changing the economic immigration rules system, it is wrong in that respect. It is changing primary legislation about the administration of immigration control, not the specific rules for economic migration, which are made under the immigration rules.

[Kate Green]

Q May I return, Mr Berry, to what you were saying earlier about the draft free trade agreement that the UK published in February and the associated social security co-ordination arrangements? What exactly is it that the UK is proposing to cover in those arrangements, which presumably would potentially be introduced using the provisions of clause 5 in this Bill? What is not being covered?

Adrian Berry: The draft social security treaty is attached to the draft free trade agreement, which is available on the Government website now, from last month. It includes short-term healthcare coverage for people who are travelling for short-term purposes, such as tourism and temporary work contracts, to receive what we call the EHIC card scheme. It also includes a system for old age pensions to be paid overseas in other EU member states and uprated to be equivalent to home pension rates here.

What is missing, and what we are losing, is disability pensions being paid overseas, and healthcare, which was attached to old age pensions and to disability pensions under the EU co-ordination regime, will no longer be attached for pensioners who retire in Spain, Cyprus or wherever, from 2021 onwards. At the moment, it is a bonus ball. If you get a pension paid overseas, healthcare coverage is included under the EU co-ordination regime and the bill is paid by the UK Treasury. In the new proposed UK treaty, that is going; it is just your old age pension uprating.

The UK has split the interrelationship between healthcare and social security and pensions, which is contained in the EU co-ordination regime, into two silos: social security and pensions in one silo, in this Bill, and healthcare arrangements under the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019. There is no draft healthcare treaty attached to the UK’s draft free trade agreement at the moment, and no healthcare provisions included in this draft social security treaty. Both of those are missing.

Additionally missing is the S2 scheme, which we have at the moment, for people to make arrangements, prior to travel, to receive hard-to-find treatment in EU member states, if they cannot get NHS treatment in the UK. There is no S2 scheme for British citizens to go and receive that form of healthcare—healthcare that is unavailable here—and to get it in EU states. The cross-border health directive, which allows people to have their prescriptions and pick them up in EU states, will effectively be repealed. There is no provision for that in the draft social security treaty.

Who loses out? The disabled. They will not be able to get private health insurance to travel on holiday. It will have a direct and differential impact on people with physical and mental impairments. It will also have an impact on anybody who thinks they are going to be retiring to Spain, Italy or France. They will not have healthcare insurance there, even if they get their pension uprated. It is a big loss.

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

Gary Sambrook Excerpts

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 18th June 2020 Public Bill Committees

[Kevin Foster]

I would like to start by reassuring Opposition Members. We are making plans for what will be a major restart of engagement and promotion of the European settlement scheme in a face-to-face way. Work is still being done online. The latest statistics have been published and we always use those as an opportunity to promote the scheme and make it clear to people what their entitlement is. We still have a good flow of applications coming in even during the lockdown, which partly reflects the fact that the vast majority of people are applying by using an app on their phones. So strong work is being done there.

On the list of reasons for late applications being accepted, as I said on Tuesday it will be a non-exhaustive list because, as the hon. Member for Halifax rightly says, we cannot predict every single circumstance that would be a reasonable reason for being late. A common reason would be a child in care where the council did not apply, but the list will be non-exhaustive because no one could write all the reasons that we as individuals might find reasonable. So far, the scheme has operated by being flexible and pragmatic in working with those applying. That is why the grants of status are in the millions and the refusals in the hundreds.

I am grateful to hon. Members for their contributions. I share their desire to ensure that EEA citizens and their family members who are currently in the UK lawfully are not denied access to work, healthcare or anything to which they are currently entitled.

[Gary Sambrook (Birmingham, Northfield) (Con)]

Does the Minister share my frustration when Opposition Members talk about the hostile environment? It was in fact a former Labour Immigration Minister, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), who, in May 2007, introduced the new immigration regulations that created a hostile environment in this country.

[Kevin Foster]

I thank my hon. Friend for highlighting that point. Many of the enforcement mechanisms that we use originate from before 2010. There is a little amnesia among some of the people who were here and voted for them. It is right that there are protections in place around public welfare benefits and suchlike. That has not been particularly controversial for parties of all colours over the past 10 to 20 years. We need to consider carefully the lessons learned review. In the Wendy Williams report there is a 2009 case of someone who was unable to return to the United Kingdom, even though they had a status granted under the Immigration Act 1971 as someone who had been settled in the UK before 1 January 1973.

As with many of the amendments that we have debated, the new clause is at odds with our commitment to the British people to introduce a single global migration system. New clause 55 is unnecessary, unworkable, and risks being detrimental to the cohort in question. As we have been clear before, free movement is ending, and from 1 January 2021 EEA and non-EEA citizens will be treated equally. Under the new system, everyone will be required to obtain the correct immigration status, and we will clearly distinguish between those who are here lawfully and those who are not, regardless of their nationality. Allowing EEA citizens to rent accommodation or exempting them from other measures, even if they do not have lawful immigration status, would contradict the Government’s stated position. It would in practice result in different rules applying, depending on a person’s nationality. This would be inherently discriminatory, given that there would be no justifiable reason for them after the end of the transition period.

New clause 55 would also weaken the UK’s new points-based immigration system. The measures in question are designed to encourage individuals to comply with UK laws and rules, and they have all been approved by Parliament. In the future, once free movement has ended, it is right that these measures will apply on the basis of whether or not someone has lawful status, rather than on the basis of their nationality, although I appreciate that the wording would probably be done to bring this within the scope of the Bill.

EEA citizens are already subject to the universal eligibility checks carried out by employers, landlords and the NHS, as these checks apply to everyone regardless of nationality, including British citizens. I had to show my own passport recently, when renting a flat. Disapplying the measures for a certain group would increase the scope for illegal migration and place taxpayer-funded services at risk of abuse.

It is not clear how new clause 55 would actually work. To exempt an EEA citizen from an eligibility check, it would first be necessary to establish that they are part of the exempt cohort. It would not be possible for those carrying out the checks, including employers and landlords, to do this without checking everyone, as they do now, to establish eligibility. Alternatively, they would have to second-guess who was in a particular cohort, which brings the obvious risks of leading to potential discrimination and unfair treatment.

I recognise that the hon. Members for Cumbernauld, Kilsyth and Kirkintilloch East and for Halifax wish to ensure that EEA citizens and their family members who are currently resident in the UK are not adversely impacted by such measures. This is why we have set up the EU settlement scheme, making it free and easy to get UK immigration status and to enjoy the same rights as now. That is why I believe it would be unhelpful to accept the new clause, and the Government will not do so.

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

Gary Sambrook Excerpts

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

The Northern Ireland Human Rights Commission has referred to the common travel area as being “written in sand”. There was no public consultation on the memorandum of understanding, so it has not been stress-tested. There may well be concerns whenever we look to the implementation of the citizenship clauses of the Good Friday agreement and how people who are solely Irish will be impacted down the line if that particular area is properly addressed in UK law. Ideally, I would like to see a UK-Ireland treaty to encapsulate the common travel area, but short of that, this new clause would go some way to giving that reassurance and ensuring that things are entirely future-proofed.

[Gary Sambrook (Birmingham, Northfield) (Con)]

I was pleased to serve on the Bill Committee, which was my first in this place. It was a whole five days of my life that I will never get back, but it was very enjoyable and informative. I particularly enjoyed the submissions from the Migration Advisory Committee, the Federation of Small Businesses and No5 Chambers, a Birmingham law firm. It was good to see a Birmingham firm down here contributing to our national debate. I cannot say that I agreed with most of what it said, but it was good that it was contributing.

A number of Government Members, including my hon. Friends the Members for North East Bedfordshire (Richard Fuller) and for Winchester (Steve Brine), have mentioned the real genesis of the hostile environment. They named him, but he is actually a Member of this place—the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), who was also the architect of austerity, because we all remember the little note he left behind as Chief Secretary to the Treasury. He still sits on the Labour Benches. Labour MP after Labour MP stand up and complain about the hostile environment and austerity, but sat among them is the architect of austerity and the hostile environment. That is the sort of double standards that I do not want to see representing the west midlands in the mayoral election next year.

The ending of free movement of labour is a key cornerstone of the manifesto that I stood on in December and something that I am keen to get into legislation as quickly as possible. People have been calling for this for many years and many a politician have ignored their wishes. Included in this points-based system are things such as having a job offer or a sponsor before coming here, or being able to speak English sufficiently well, or meeting tougher criminality checks. Those are the sorts of things that people have been calling for and I am pleased that I am supporting those measures in this Bill tonight.

On the issue of immigration detention, I say to my colleagues that I hear their concerns, but I am convinced that immigration detention is used as a last resort. It is an absolutely necessary tool to ensure that we keep people safe on the streets of our country.

As my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Rother Valley (Alexander Stafford) mentioned, the list of people who would possibly have been released early had we put in place a 28-day limit would have made it hard for me to look any of my electors in the eye. I would not have been able to say that I had allowed those people on the streets early when I was out door-knocking. It is not as if those people are just banged up and forgotten about; they have rights. If they think their immigration detention is unfair, they can apply to a judge, and their case is often heard within a matter of days. Anyone wishing to leave immigration detention can do so at any time by simply leaving the country. I agree that, in general, the whole asylum and removal system needs to work much faster, but we also need to have a tough and robust system in place.

Many Opposition Members would have us believe that, if we did not have EU migration, the social care sector and the NHS would fall apart overnight, but as we heard in the evidence sessions from Brian Bell from the MAC, only 5% of the social care sector comes from EU migration. The hon. Member for Hornsey and Wood Green (Catherine West) said that she thought the Bill had been written before the covid crisis. I can tell her that, a couple of weeks ago, during the crisis, the latest claimant count from my constituency was 10.2%. Is she and many other Labour Members—

[Mr Deputy Speaker (Mr Nigel Evans)]

We have to move on, sorry.

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

Gary Sambrook Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I am honoured to speak in this important debate in support of the Lords amendments, particularly Lords amendments 4 and 5, which are reasonable amendments that were supported by great majorities in the Lords. Amendment 5 provides an option of providing physical proof of immigration status under the EU settlement scheme to prevent disenfranchisement of EU citizens.

In Wandsworth, there are 41,000 EU nationals, which is 13% of my constituents, so this is a big issue for my constituents in Putney. Two of those constituents, who have lived in the UK for 30 years, are French citizens and classical musicians with settled status in this country. They have written to me and said: “We are very concerned by the fact that we have no physical way of proving our status when we come back from holidays or trips abroad, and we are afraid that at any moment a similar situation to the Windrush population might happen to Europeans who’ve settled in this country.”

Moreover, Citizens Advice Wandsworth workers who support EU citizens are concerned about that aspect of the Bill. Access to proof of settled status requires digital skills, access to the internet and a suitable device. Time and again, they have seen that vulnerable people find it difficult or impossible to view or prove their status. That means that they are unable to prove their rights in the UK when they are seeking job opportunities, finding a place to live or even getting treatment in hospital. They find that they are discriminated against in those circumstances because they cannot have the physical documentation that they need to prove their status. That cannot be right.

Lords amendment 4 allows unaccompanied children and vulnerable adults to claim asylum in the care and context of their family, which will prevent dangerous journeys from being taken to join them. I have been to the camps in Calais—they were not really camps; they were a lot of bushes in an area near Calais—and I have seen the traffickers circling the area. I know that if any of my children were in that camp and their siblings were just across the channel waiting and able to protect them, I would do everything I could to reunite my family members. To narrow it down to just parents is not fair when many have lost their parents—that is why they fled their country and why we can rescue those children and show compassion.

On 20 December last year, the Prime Minister stood at the Dispatch Box and stated that the Government were “absolutely committed” to continuing family reunion. A Home Office statement on 15 January used exactly the same language, saying it was

“absolutely committed to the family reunion of refugee families”.

There has been commitment after commitment to family reunion, yet it is not in a good enough state in the Bill. That will leave children such as Lili, who fled Eritrea and was found by Safe Passage on the streets of Rome, in a highly vulnerable situation, instead of being reunited with her brother as she was. She wants to be a computer engineer. That is compassion—to allow those children to be here.

To conclude, unless we act tonight, 2021 will be the year in which child refugees in Europe lose the only safe legal route to sanctuary in the UK. Voting against this amendment would be quite wrong. I urge Members on both sides of the House—we have heard good arguments from Members on both sides for this—to think of children such as Lili, do the right thing and vote for Lords amendment 4. It is time to show our British values of compassion and justice, and to deliver for refugee children.

[Gary Sambrook (Birmingham, Northfield) (Con)]

I have been pleased to support this Bill throughout its passage, particularly for its two primary aims of ending free movement of labour and introducing a points-based system. I wish to focus mostly on Lords amendment 1 and social care. As has been discussed, the amendment would require the Government to publish a report on the impact of ending free movement of labour on the social care sector. I spoke on Second Reading and served on the Bill Committee, and at every stage of my involvement in this Bill I have heard Opposition Member after Opposition Member try to claim that in some way the only way to fix labour shortages in the UK is by immigration. I simply do not agree with that analysis. In the Committee stage, we heard from Brian Bell, the MAC’s interim chair, that only 5% of social care workers come from EU migration. In constituencies such as mine, unemployment is standing at 10.5%. Are the Opposition genuinely trying to say that these jobs in the social care sector are not ones that more than 6,000 people in my constituency can have and that they are out of reach for my constituents? I do not agree.

Immigration plays a very important role in managing labour markets, but it does not solve all the problems all the time. The Government are tackling this issue of social care head on; we have seen the investment of £1.5 billion in adult and children’s social care, along with a national recruitment campaign for the sector. I absolutely support those two things. The Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), made a fair point about the MAC suggestion about pay. Every Conservative Member stood on a manifesto that pledged to look at social care and, importantly, at a way of redesigning it so that it is fairer for those who are cared for, their families and carers too. That is very important, and it is incumbent on all of us that we come to some kind of consensus across this House on that system. In the same way as we see a consensus on the NHS, we need to come to one on social care.

On the NHS, there will be times, including now, when there are gaps in the labour market, which is why I am pleased that the Bill contains provision for the health and care visa, which will be available for people to use to come to this country to work in the NHS. That is very important.

I conclude by saying that I am happy to support this Bill and will be voting to reject the Lords amendments, because I will be fulfilling my promise to my constituents to end free movement of labour, to introduce a points-based system and to deliver on a firm but fairer immigration system for this country.

[Tim Farron (Westmorland and Lonsdale) (LD)]

This is a thoroughly depressing Bill, one that is entirely political and deeply impractical. That is the kind of Bill, or Act, as it will become, that does not stand the test of time. That we are celebrating the loss of the freedom of British people and thinking it is a good thing would be comical if it were not so tragic, confident though I am that this will not last.

Let us look at some of the details. The Lords amendments are entirely practical and reasonable. Indeed the Minister himself has accepted that, in principle at least, some of them fit that description. I want to focus on Lords amendments 4 and 5. Lords amendment 4 would of course provide the opportunity for family reunion—a safe and legal route. The Home Secretary herself, at the Conservative party conference just a few weeks ago, talked about the importance of safe and legal routes, but of course we are sleepwalking out of one of the safe and legal routes we currently have, the Dublin settlement, with no sign of any kind of meaningful replacement to take its place. If we are—and I am sure all of us here are—outraged and filled with compassion and horror at what we have seen in recent times as people have made the death-defying journey across the channel in rickety boats, taking desperate risks because they are desperate people, the answer is most certainly to provide safe and legal routes. Lords amendment 4 gives the Government the opportunity to have a safe and legal route, and to reject it is music to the ears of the human traffickers. I do not yet understand why the Government seek to turn down such a route via either compassion or practical application.

On amendment 5, it seems an absolute no-brainer that EU citizens with settled status granted to them by this Government should have physical proof of that status. I have had a number of my constituents in touch with me recently who are deeply concerned about the lack of physical documentation. I talked to a person working for a local school and people working in hospitality in Windermere and in Kendal who are concerned about the lengthy multi-step process involving passport, date of birth and a unique one-off code sent to their phone, their employer’s email addresses, business details and both accessing the Government’s website separately. Members have already spoken of the occasional tendency for Government IT schemes not to work completely perfectly. Like other issues that we are talking about tonight, this has huge resonance with the appalling Windrush scandal. While there may be some debate as to which Government bears responsibility for the heartbreak of the Windrush scandal, there will be absolutely no doubt whatever who is to blame for this one. They saw it coming and they voted for it.

Comments were made earlier about the minimum income salary threshold. The Lake district hospitality industry is possibly the most hard-hit part of the UK economy as a result of the coronavirus. May I point out also that 20,000 people working in that industry are from outside the UK, and if we say to 90% of them, “You are not welcome here unless you’re earning a figure that your employers cannot afford to pay”, that would deal an appalling hand to, and damage massively, an industry that is struggling to cope with the covid crisis? It is time for politics that is more practical and less political.