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

Geraint Davies Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Geraint Davies (Swansea West) (Lab/Co-op)]

Does the hon. Gentleman agree that the Bill, apart from being appalling, is premature, given that we do not know what will happen in the Brexit debate? There may be a public vote; we might stay in the EU; we may have a Norway model; we may have free movement. Why are we prematurely legislating for a position in which we will not get free movement when we do not know the future?

[Stuart C. McDonald]

The hon. Gentleman is spot on, and I shall come on to that point in a minute. It is premature, because it is tying Parliament’s hand on not just the future relationship, but the question of oversight of the future of the immigration system.

Free movement has been fantastic for people in this country and across the continent. As all the research shows, it has been good for our economy and for our public finances. That is true for Scotland and for the UK as a whole, and we will not support a Bill that brings those benefits to an end.

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[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

The right hon. Member for South Holland and The Deepings (Sir John Hayes) made a wide-ranging speech, but I will address the narrower, more specific issue raised by the right hon. Members for Sutton Coldfield (Mr Mitchell) and for Haltemprice and Howden (Mr Davis) in their interventions on the Home Secretary, which is the question of immigration detention.

This Bill repeals the law relating to free movement, thereby bringing EEA nationals and their families within general immigration control and requiring them to have leave to enter and remain under the Immigration Act 1971. The Government told the 3 million EU citizens who are here:

“You are our friends, our neighbours, our colleagues. We want you to stay.”

The Government said that they only have to register, as they are existing residents. I do not doubt the Home Secretary’s sincerity on that, but it is, of course, exactly what was said to people of the Windrush generation. Everyone now acknowledges that terrible mistakes were made by the Home Office and that people who have been here for years were wrongfully detained as illegal immigrants.

If we are to subject 3 million EU citizens to our immigration system, it is right that we should now ask ourselves whether we have learned the lessons of the Windrush cases so that we do not repeat those injustices on EU citizens. We do not want the new level playing field to be a detention centre.

I have the privilege of chairing the Joint Committee on Human Rights and, following our inquiry into immigration detention, we are clear that two problems need to be addressed. The first is the lack of independence in decision making on detention, and the second is indefinite detention.

If a person is suspected of a crime, they cannot be detained by the Government; they can be detained only by the police, who are independent of Government. If the police want to continue to detain a person beyond 36 hours, they have to bring that person before a court, which is, of course, totally independent of Government.

But if the Home Office suspects a person of being in breach of our immigration laws, there is a complete absence of independence in the decision making. A civil servant—nameless, faceless and behind closed doors—just ticks a box to detain them. The first that person will know about it is when someone bangs on their door in the early hours of the morning to bundle them into an immigration enforcement van and take them to a detention centre.

With no independence in the decision making, and with no scrutiny or accountability, mistakes are inevitable. Those we get to hear about are probably only the tip of the iceberg, but we do know that £21 million was paid out by the Home Office in just five years to compensate for wrongful detention, and terrible mistakes are certainly what happened in the Windrush cases.

It is routinely said those people were unable to prove their residence here, which is not the case for the detainees we saw. We looked at their Home Office files, which the Home Secretary was good enough to release to them, and it was not that there was no evidence of their residence here. There was masses of it, including records of national insurance contributions going back to the 1970s. If there had been any independence in the decision making, these people would never have been detained, yet they were detained not once but twice. The papers in their files were ignored, and the pleas of their families were swept aside.

After the right to life, the right not to be unlawfully detained is one of the most important human rights. It should not be the case that a person has fewer protections from wrongful detention as an immigrant than they would if they had actually committed a crime. We should ensure that, in future, no one is detained unless the decision is taken independently. The Home Office should make its case, but someone independent must take the decision if a person is to be deprived of their liberty. The Joint Committee on Human Rights will table an amendment to that effect, and we hope the Government will agree to it.

Another deplorable aspect of our immigration system, to which EU citizens are now to be subject under this Bill, is that there is no time limit on detention. A person is taken from their home or workplace, and they have no idea whether they will be in the detention centre for a day, a month or a year. Evidence to the Joint Committee on Human Rights identified the indefinite nature of such detention as one of its cruellest aspects.

The criminal justice system imposes time limits at every stage, from first bringing a defendant before a magistrate to the sentence that sets out their time in prison, but the Home Office can hold a person in immigration detention indefinitely. The Joint Committee on Human Rights agrees with the right hon. Members for Sutton Coldfield and for Haltemprice and Howden, the right hon. and learned Member for Beaconsfield (Mr Grieve) and my right hon. Friends the Members for Leeds Central (Hilary Benn) and for Normanton, Pontefract and Castleford (Yvette Cooper) that there should be a time limit of 28 days on immigration detention, and the Joint Committee will table an amendment to the Bill so that if a detainee is not deported or released by then, they should be brought before a judge where the Home Office can apply for just a further 28 days. We hope the Government will accept an amendment on detention that I believe has widespread support in the House, including from the SNP—we have heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), and the hon. and learned Member for Edinburgh South West (Joanna Cherry) is a leading member of our Joint Committee—and the Lib Dems, and I know the DUP has long complained about indefinite detention.

This is not a party issue. It seems to be the Home Office versus everybody else. The Labour Government should have ended the scandal of indefinite detention when we were in office, but we did not, and I am now happy to apologise for that—it is something we should have done.

[Geraint Davies]

I support my right hon. and learned Friend’s amendment, and she may be interested to know that a Swansea resident, Otis from Congo, was ripped from his bed on the Thursday before Christmas and was due to be sent back to Congo, where he had previously been tortured, on Christmas Day. He was detained for 21 days and, luckily, following our intervention he is now safe and sound back in Swansea, but does it not show that, if the system is used as it currently is, people who have a case, and who are in jeopardy if they are taken back, can be taken from their bed, kept indefinitely and then just carted away?

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[Steve Double]

I am grateful to my hon. Friend for the point he makes, which was exactly the one I am coming on to. In being able to take back our own immigration policy, we are provided with the opportunity to manage it in a way whereby the Government can ensure that any of the impact of large numbers of people moving into different areas of our nation can be addressed by investment and finance being put in place to support the services. We will be able to manage the number of people coming into our country in a way that does not put that undue pressure on public services. Many of the negative impacts, sometimes perceived and sometimes real, can be handled in a much better way and, thus, we will be able to extol the virtues of the positive elements that immigration brings to our country while managing some of the negative perceptions that people have.

As I said, I very much welcome the Bill as a first step towards resetting our own immigration policy. I want to say a few words about the immigration White Paper that the Government produced, and I am glad to see the Immigration Minister on the Front Bench, because I am sure she will not be surprised at the points I am going to make, as I have made them to her many times. I do, however, want to put them on the record. There is much to be welcomed in the White Paper, in developing a fair system that no longer discriminates between where people come from, but assesses people on the basis of their abilities and what they will bring to our country. That absolutely should be welcomed. But as I have listened to businesses in Cornwall, I have heard about a number of elements of the White Paper that cause them concern, and I wish to highlight those here today.

We very much welcome the pilot scheme for seasonal agricultural workers. It is good that the Government acknowledge that this sector has a particular requirement for seasonal migrant workers that we need to make sure we are able to meet. The latest figures from the Cornwall and Isles of Scilly local enterprise partnership state that there are about 7,000 migrant workers working in our agriculture and food sector in Cornwall. Many farmers rely on migrant workers. My own father-in-law, who at the age of 89 is still farming on the Isles of Scilly, keeps making the point about how vital his seasonal workers from eastern Europe are to making sure he can pick his flowers and get them to market. It is vital for our farms that we continue to be able to meet that seasonal requirement for labour. The pilot scheme is therefore very much to be welcomed, as is the Government’s acknowledgement of the need of that sector.

The agriculture sector is not the only one that relies heavily on seasonal workers. In Cornwall, the tourism and hospitality sector, which is even bigger than our food and agricultural sector, has exactly the same requirement for seasonal workers from overseas. They are needed to come to man the hotels, bars, restaurants and the tourist resorts in Cornwall to make sure that those businesses are able to continue to function and provide the services for the many, many thousands of tourists who come to Cornwall every year. So I urge the Government to look beyond the agricultural sector and to other sectors that have a particular requirement for seasonal workers. I welcome the steps that have sought to address this need through the 12-month low-skilled work visa, but I urge the Home Secretary and the Government to look at this again, because we clearly have a balance to strike here. At the moment, in this country, we do not have an army of people waiting to take up these jobs.

We have almost full employment, so there is a need to make sure that we have the workforce that our businesses, particularly those that require a heavily seasonal workforce, need. I am concerned that the 12-month low-skilled visa will put additional costs on businesses, in terms of the need both to keep recruiting staff every year and to keep retraining them every year. I am not convinced that it will help to meet the requirements of many of our businesses, so will the Government look again at what more we could do, particularly to help the tourism and hospitality sector?

Like others, I have concerns about the £30,000 threshold for skilled workers. A salary threshold is a fairly blunt instrument for identifying the skilled workers we need. That is particularly true in an area like Cornwall: when the average wage in the constituency that I represent is only around £18,000, that £30,000 threshold is unrealistic and will mean many people will be unable to come and work in businesses in Cornwall.

[Geraint Davies]

Does the hon. Gentleman accept that most graduates who come out of British universities cannot expect to earn £30,000 in their first year, although many can? The threshold is ridiculous.

[Steve Double]

I agree that the limit needs to be looked at, particularly on a regional basis, and ask the Government to consider whether we need regional variations to the threshold. A policy that works for the south-east of England almost certainly will not work for places such as Cornwall and other parts of the country where average wages are so much lower.

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[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

This Bill is yet another power grab by a Government who are intent on riding roughshod over Parliament, and who view scrutiny as something to fear rather than a fundamental resource of democracy. Parliamentary scrutiny is there to enable a better, more effective, evidence-led approach, but it requires the appropriate powers to do that. The Bill does not allow Parliament to analyse, query and question the Government. Instead, it gives them sweeping powers to impose the immigration system that they set out in their White Paper or, indeed, any other whim that may take their fancy. We do not know what Home Office Ministers will do, and parliamentarians will be unable to challenge them when they do it. Having said that, we can have a good guess. Under the stewardship of a Prime Minister motivated more by ideology than facts, the Government have decided to stick with arbitrary targets and have looked to appease unjustified and unsubstantiated anti-migrant sentiment.

For Members from all parties, but particularly those on the Government Benches, I wish to outline a few key findings from the Government-commissioned Migration Advisory Committee report “EEA migration in the UK”. The report found no evidence that migration reduced wages, employment opportunities or training opportunities for UK-born citizens. Furthermore, it included strong evidence that EEA migrants have a positive impact on productivity, pay more in taxes than they receive in welfare benefits and consume in public services, and make a larger contribution to the NHS, in terms of both money and work, than they receive in health services.

As it stands, EEA nationals who want to come to the UK will be faced with our existing, creaking and failing immigration system, which is simply not fit for purpose. We know the damage that the Government’s hostile environment has caused for individuals and families throughout the country, and the Bill will push more people into this unjust position.

[Geraint Davies]

Is my hon. Friend aware of reports that have shown that on average migrants contribute 35% more in tax than they consume in public services? Will the new restrictions not mean higher taxes and lower services for the rest of us?

[Preet Kaur Gill]

I thank my hon. Friend for contributing to my previous statement.

The Bill will remove the rights of individuals and families without guaranteeing that sufficient rights are put in their place. If the Minister and the Government are serious about protecting people’s rights, will they put those rights in legislation?

I wish to raise a few other concerns. The first is the proposed £30,000 minimum salary threshold, which will also apply to migrants from the EU27. According to the 2018 annual survey of hours and earnings, the average earnings for a full-time male in the west midlands are £30,231, so just over the threshold. Meanwhile, the average earnings for a full-time woman are £24,030. What assessment has the Secretary of State made of the inequities of a policy that would disproportionately impact women and shut them out of the possibility of coming into this country? Will he commit to conducting a comprehensive gender impact assessment of all policies in the white paper?

In the light of the plans for a salary threshold, my constituents are concerned that we will see staff shortages in our NHS and care sector worsen.