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

Gavin Robinson 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

[Gavin Robinson (Belfast East) (DUP) [V]]

It is a pleasure to follow the hon. Member for Ipswich (Tom Hunt). I understand that there are no reasonable, reasoned amendments being taken this evening. Although I understand that there are those who will vote against the Bill, it is important that they not only hear and share their concerns but listen to Members such as myself, who share many of the frustrations about the omissions and areas for improvement in the Bill but recognise that it will pass in any event. I therefore encourage them, over the weeks to come, to collaborate with Members who share some of their concerns.

It is also right to recognise that controlling the borders of the United Kingdom was a fundamental reason why the majority of people in our country voted to leave the European Union. We support the principle of ending uncontrolled immigration and treating those wishing to enter the UK from the European economic area and the rest of the world fairly and equally. However, we are not ignorant of the impact that such a sharp and poorly tailored approach to ending free movement could have, particularly in Northern Ireland, on the growth of certain important economic sectors such as agriculture and hospitality, if current access to labour is not replicated in an appropriate way.

I welcome the elements of the Bill that reiterate the rights afforded to UK and Irish nationals to work, reside and access Government benefits in each other’s jurisdiction. Such provision was enshrined in national law well before either country joined the EU and was never going to be threatened by the UK’s exit from the EU.

We do, however, express concern at the Government’s recent decision to amend the settlement scheme to allow family members of British and British-Irish citizens dual citizenship. This was intended to placate certain aspects where a spouse or partner was a British citizen as a result of being born in Northern Ireland and therefore was not eligible for a scheme explicitly for EU27 nationals. The reality is that citizens born in Northern Ireland under the Belfast agreement have the right to both Irish citizenship and British citizenship, but it is in addition to British citizenship, not instead of it. That issue strikes at the very heart of the principle of consent.

On the settlement scheme, we believe there is a duty on Government to honour the provisions of the citizens’ rights chapter of the withdrawal agreement in good faith, with compassion and clarity. At the same time, we do not believe it would be helpful to use this Bill as a vehicle to reopen, replace or expand the terms of that chapter. EU citizens need clarity and continuity at this time, not uncertainty or false expectations. Much depends on the outcome of the negotiations on the future relationship. I ask that the Home Office steps up its efforts to fill any void with information in respect of the operation of the settlement scheme, including in terms of the effectiveness of appeals, how applications still pending on 31 June 2021 will be dealt with and how local authorities are proactively seeking to ensure that looked-after children are treated fairly and sensitively.

We need to ensure that EU citizens—many of whom have contributed to UK society on a level far surpassing the minimum requirements set out in the settlement scheme, including in the NHS and as careworkers during the current crisis—are not disadvantaged. Officials should be looking at reasons why status should be granted, as opposed to reasons why it should not be, and clarity is required on the reasonable grounds for missing an application.

The DUP supports a compassionate and open approach to refugees from communities in other countries affected by terrorism, war or persecution. We appreciate the need to review routes for individuals and believe that it would be best to get international co-operation outside the free movement debate. We believe that consideration should be given to mitigations for family members of EEA citizens who have been convicted of domestic abuse and whose status in the UK could be linked to their perpetrators.

In terms of the new points-based system, the intention to implement a single skills-based system of immigration in the UK, treating all migrant workers from anywhere in the world on a fair and equal basis, is a welcome development. As the Bill progresses, we will be seeking change, but we want to see a regime that is fair, sensible and will be to the benefit of our country and its contingent parts.

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

Gavin Robinson Excerpts

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

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. After the next speaker the time limit will be reduced to four minutes. I give that warning in advance so that Members can prepare if necessary.

[Gavin Robinson (Belfast East) (DUP)]

It is a pleasure to follow the hon. Member for East Worthing and Shoreham (Tim Loughton), who made a powerful contribution not only on amendments 3 and 6 but right the way through his comments. It is a testament to the House that almost every contribution thus far has been on the right track and has exuded the compassion that we want to show as a country, and none more so than that of the right hon. Member for Staffordshire Moorlands (Karen Bradley); I was greatly enthralled by what she had to say and agree with the sentiments she expressed.

On amendment 5, the Government have engaged financial privilege. They are asking this House to disagree on the grounds of the financial implications of the proof of status document and for no other reason: engaging financial privilege means that is the rationale for asking us to disagree to amendment 5. I ask the Minister to reflect on that in his comments. If the only issue is finance—if he recognises that a biometric residence permit, for example, is available for less than £20—I hope that, should there be a subsequent attempt in the other place to insert a similar amendment without proposed subsection (2), the Government will agree to it, because the argument is not only about digitalisation and the difficulties associated with online information, but about people’s sincere desire to hold a permit outlining their status. The Government should engage with this issue thoughtfully.

I have spoken on a number of occasions in this House on indefinite detention, and the Minister knows that I have quite a rigid position on the issue. I supported more keenly amendments that were previously before this House that at least gave the opportunity for an extension of an additional 28 days. I thought that gave Government more latitude in exceptional circumstances, but I still believe that indefinite detention is immoral and unjustified. I have not heard a justifiable rationale for it yet; it is unjustifiable.

We hear about the difficult and hard stories and we hear about the excessive cases. If someone breaks the law in this country, then we should arrest them and put them through due process. If somebody is going through an immigration application process, we should not put them in custody without any sense of how long the process will take. We should treat them as we would wish to be treated: humanly and humanely.

I will use the remainder of my speech to touch on amendment 9. I am pleased to speak in support of this amendment, which was supported in the other place through a powerful speech made by my colleague Lord Morrow, who as a private Member in the Northern Ireland Assembly brought through our seminal Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. To those who talk about the United Kingdom Government bringing forward modern slavery legislation that is the best in the world, I say that it started in Northern Ireland. We are proud of that record. We are the first devolved Administration to bring forward such legislation, and we are proud of what was achieved.

I listened carefully to the opening remarks made by the Minister. I am grateful to him for a telephone conversation we had earlier today, and for the subsequent correspondence that he has shared. I think he knows from the tenor of contributions made by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and others that there is still work to be done on amendment 9, and on changing the terms of the guidance available. I recognise the development that he has brought forward this afternoon, but I am still not sure from what we have heard that we should be convinced that that is a good enough reason for this House to agree with the Government and disagree with the Lords amendment.

The challenge is that any trafficked person from an EEA territory who arrives in the UK after 31 December will only have one long-term route to recovering discretionary leave to remain, whereas today, they have two. While the commitment to automatic consideration is progress, it does not change the fact that the then Government Minister spoke to the Select Committee on Work and Pensions in 2017 as part of that Committee’s inquiry on victims of modern slavery, and said that there must be

“exceptional or compelling reasons to justify a grant”

of discretionary leave to remain. One has to go through freedom of information requests—it should not be so difficult to get this information from the Home Office—to establish that 8% to 9% of applications from those certified as victims of modern slavery get discretionary leave to remain. That is far too low, and it is something that the Government need to consider. I fail to see why confirmed victims losing their right to recovery through treaty rights will be particularly reassured by the commitment that they will automatically be considered for something that, unlike recourse to public funds through their treaty rights, is only given in an exceptional situation.

The other difficulty with the idea that the introduction of automatic assessment for discretionary leave to remain is an effective replacement for recourse to public funds through treaty rights is that discretionary leave to remain is discretionary. It is not a right, but clause 12 makes it a right; Lords amendment 9 makes it a right. If a confirmed victim of modern slavery who is an EEA national meets the criteria in subsection (2), their access to leave to remain will no longer be discretionary, and that is what we should strive to achieve.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The time limit is now reduced to four minutes.