Draft Immigration Skills Charge Regulations 2017

Gordon Marsden Excerpts

Wednesday 22nd March 2017 General Committees

[Gordon Marsden (Blackpool South) (Lab)]

It is a great pleasure to serve under your chairmanship, Mr Streeter. It is also only appropriate to congratulate the Minister on his birthday.

We support the broad principle of the regulations. We support everything that the Minister has said about the need to change behaviour and to skill up, and we support the analysis in the policy background in paragraphs 7.1 and 7.3 of the explanatory memorandum. The Minister is absolutely right to say that the skills gap has been a continuing problem, although it is not a new problem. Governments of all persuasions have not succeeded in addressing it for a period of 25 years, so it was not unreasonable that the Government should have embarked on this process in, presumably, 2014-15.

The Minister has gone through the details and done everything he is supposed to do. However, we want to ask some fairly probing questions this morning about the detail. The Minister knows that I often say the devil is in the detail, and there is a lot of detail in the explanatory memorandum on which the Committee will need some substantive answers. Of course, it is not just a question of detail, but a question of chronology.

Perhaps the Minister will tell us when the regulations were first mooted between the Home Office and the then Department. We know from the policy background in the document that the charge was announced by the then Prime Minister, David Cameron, in May 2015. As the Minister has said, the MAC endorsed it in January 2016 and the charge is due to be introduced on 6 April 2017. In that period of time we have had Brexit, which alters the context of the regulations substantially.

The charge relates, of course, to the issue of migrant workers from non-EU countries and allows for the recruitment of skilled workers, to be specific, from outside the European economic area. The reality is that the implications of Brexit mean that the context in which the Government introduced the charges and the Migration Advisory Committee put forward its recommendations has utterly changed. That is not an argument for rejecting the regulations, but it is an argument for saying that we have to look substantially more closely at the impact that Brexit will have on our ability to have skilled workers who, by the time the charge has come fully into effect, may include skilled workers from the EU, of which we will no longer be a part. That is the context in which my comments will be made.

I will begin by picking up one or two points from the Minister’s speech. He used gentler language than I would when he talked about the Migration Advisory Committee, because I would say that it ignored the views of the majority of consultees. I take slight issue with the Minister. Perhaps neither of us is in a completely good position to make a thorough judgment because we were not there at the time and we were not looking at the context of the Migration Advisory Committee’s work, but I suspect that the concern of many of the stakeholders and employers was not simply about cost, although cost is obviously important. They might have had other concerns. Given the detail of what the regulations will require from employers or would-be sponsors, they might have had concerns about the sheer volume of quite complex regulatory procedures that they will have to comply with in this process.

If the Minister does not mind my saying so, there was some confusion in our Whips Office when we saw the explanatory memorandum today, because initially I was not going to be granted the privilege of addressing you, Mr Streeter, from 8.55 in the morning; that opportunity was due to go to my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), the shadow Home Secretary. I am sorry that you do not have the shadow Home Secretary, Mr Streeter; you have got me.

[Robert Halfon]

A much better option.

[Gordon Marsden]

I could not possibly comment.

That is just an illustration of how closely woven these regulations are with the perfectly reasonable policy objectives of the Home Office. However, I have to say, and I think this point is germane, that looking at the detail of the regulations, we can see that they will be a significant burden—administratively, apart from anything else. The Minister mentioned small employers and the regulations will be a particular burden on them, but I will talk about that a little more in a few moments.

The Minister said that enough time had been given for people to prepare for the introduction of the regulations. There is a great gift in Government for making an argument out of necessity and there is a little element of that here. It has taken two years to bring the regulations together. We can look at that either way: either we can say that they are the product of mature, concerned deliberation, or we can say that all the upheavals in the Conservative party and the Conservative Government over the last 12 months, including getting a new leader, a new Prime Minister, and having to deal with Brexit, may have had something to do with it.

Nevertheless, we are debating the regulations here today. We often forget this, but it is not unwise from time to time to prick the Government and officials on this point: we are debating here today something that will be implemented in 10 days’ time. That is one of the issues, especially with a particularly complex set of instruments such as these regulations. It would have been beneficial—I will say no more than that—for this House and indeed the other place, which debated the regulations yesterday, to have seen them two or three months earlier. Anyway, we are where we are.

I have some specific questions for the Minister about the explanatory memorandum. Paragraph 7.5 says that there is a large degree of uncertainty around the potential income raised by the charge. It then makes the point that a number of assumptions have been made in taking all the different factors into account.

The Minister will be relieved to know that I am not going to ask him for the statistical basis or analysis on which his officials prepared those estimates and assumptions. Having been a Parliamentary Private Secretary, I am well aware of the ways in which they will have done that: there will have been a pessimistic view and an optimistic view. Members can judge for themselves whether the £100 million represents the pessimistic view or the optimistic view.

I want to draw attention to the number of assumptions that have been made, which are dealt with subsequently in the regulations. That makes the argument for being very careful about unintended consequences arising as a result of the legislation, the principle of which, I repeat, we support. That is what paragraph 7.5 says.

Again, I draw Members’ attention to the detail—I will not go through it—in paragraphs 7.8 and 7.9, which spell out the complexities of these regulations for employers. There is the sponsor licence, the certificate, the sponsorship providing evidence, and so on. Behind those bland sentences is a raft of bureaucracy that many companies, particularly those having to fill gaps fairly rapidly, will struggle to deal with.

I notice in the explanatory memorandum that it will not be the Minister’s Department administering this process, but the Home Office. The Home Office, perfectly reasonably, will get a fee that is, from memory, 1% of the £100 million—if that is incorrect, the Minister can tell me. I know the ways of interdepartmental dealings in these matters. What guarantees can the Minister give us that his colleagues in the Home Office will not come calling for more money for their administrative processes if they prove to be far more laborious and time-consuming than these bland regulations suggest? If that were the case, the £100 million—the figure given as the potential benefit for the skills process—would rapidly begin to shrivel.

My second question for the Minister in that respect is how his Department plans to use the money that eventually comes to him after the top-slicing from the Home Office, whatever it may be, in the skills sector to do precisely the sort of thing he said, perfectly reasonably, that he wanted to do.

I want to emphasise again the issues around the consultation process. The memorandum says:

“The Government considered the Committee’s recommendations before announcing the rate and scope of the charge”.

That is civil service speak for largely ignoring it. The Minister was more candid; I have given my views on what the problems were. That is done and dusted, but what concerns me more is paragraph 8.4, which says:

“A full public consultation has not taken place.”

The Minister observed that, but it would be helpful if he outlined the reasons why a full public consultation has not taken place.

Specifically, in terms of both the public and private sectors’ response, it would be helpful to know what consultations took place with large, or indeed small, business organisations. What consultations were there with the Confederation of British Industry, the Institute of Directors or the sector skills councils for the groups that will be most affected, according to the table on page 6? In the context of what the Minister said about the issues for small business, was there consultation with the Federation of Small Businesses? The table at paragraph 10.4 on page 6 shows the five sectors that will account for the majority of sponsored skilled visa applications, according to the Home Office’s own immigration statistics from February 2017. It is striking that by far and away the largest of the top five categories listed is information and communication, with 23,358 sponsored skilled visa applications in the period that the Home Office assessed.

Everybody knows that we are going hell for leather—and perfectly reasonably so—to enter the digital age. The Digital Economy Bill has just concluded its passage through the House of Lords. Has any consideration been given to the potentially harmful impact on that process if things do not go quite as smoothly as the regulations suggest? Specifically, what consultations has the Minister’s Department had with colleagues in the Cabinet Office and what is now the Department for Business, Energy and Industrial Strategy—both of which would be adversely affected in the digital areas if the regulations did not produce what they said on the tin—and what was the response? If we simply go through the detail of what the Government have put forward in their explanatory memorandum, we see that various issues and problems are already looming.

The Minister and his colleagues have been very helpful, and I pay tribute to him for holding an information session last week. I was not able to attend, but my assistant was, and he provided very helpful information. However, I have a couple of questions about what was said. My understanding from the meeting and from the memorandum is that there are no plans to extend the charge for the European economic area, but I want to put my question again: what will happen if in the future EU citizens become necessarily eligible for tier 2 visas?

I have already mentioned the issue of how the Minister and his Department intend to spend the money, so I will not dwell on that again. The charge is about incentivising existing employers. In theory, if it is successful, at some point the skills charge will not be necessary. Has the Minister’s Department done any modelling or made any assessment of the nudge impact, which I think is perhaps the right way of describing what the Minister said the purpose of this was?

I have touched on the issue of statistics, which are extraordinarily important for Government to be able to make judgments not only about how to introduce a policy but about how to administer it. Sad to say, but the Government’s closure of the UK Commission for Employment and Skills last year, which routinely did analysis and collection of statistics, means that we no longer have a single body with a national overview of the skills gaps that the Minister referred to. I therefore want to ask—this is absolutely crucial for him to convince and persuade not only the Committee, but the majority of employers who will participate in the process—how his Department and his officials will identify the skills gaps and decide how much of the £100 million they will prioritise for which areas.

I have already mentioned Brexit and I will return to it in the context of the regulations at the end, but I also want to raise the implications they will have for the NHS and the healthcare sector. Again, the chart in paragraph 10.4 identifies human health and social work activities. I hope the Minister’s Home Office colleagues have made him aware of a letter sent by the British Medical Association and the Royal College of Nursing to the Home Secretary on Friday 10 March regarding the impact of the charge on the health and social care workforce. In that letter they asked the Home Secretary to exempt the NHS and the wider health and social care system from the charge.

The British Medical Association and the Royal College of Nursing quoted two particular statistics that the Minister may or may not wish to challenge. They said that £3.5 million would be taken out of the NHS budget if the charge was applied to doctors who were granted tier 2 general visas from August 2014 to August 2015. They also made the point that if the charge had been applied to registered nurses, the health and social care system would have lost £655,000 in 2014-15, rising to £2.1 million in 2015-16. Of course, those are “What ifs?” and hypotheticals, but they nevertheless give some indication of why the BMA and the Royal College of Nursing are so concerned.

I do not want to quote at length from the detailed letter that the BMA and the Royal College of Nursing sent to the Home Secretary, but there are a couple of key points. The Minister talked about wanting to get moving on this, get skills coming in and get people trained, all of which I agree with. However, the chair of the BMA and the general secretary of the Royal College of Nursing rightly reminded the Home Secretary and her officials of the gestation time of this process. They said:

“While the health secretary has outlined proposals to expand the supply of UK trained doctors to reduce the NHS’s reliance on doctors from overseas, the length of time taken to train a senior doctor will mean that the NHS will continue to be reliant upon doctors from the EU and overseas in the short to medium term to fill vacant posts.”

They also said:

“Checks and balances are already in place to ensure posts are first offered to UK and EU nationals through the resident labour market test. It is unfair therefore, to penalise health and social care employers for recruiting a doctor or a nurse on a tier 2 visa”.

I do not intend to go into the broader debate around health service training and skills, because that would be outwith the purposes of the regulations, but those comments certainly ought to send a message to the Minister and to Home Office officials and the Home Secretary, who will have to bear the responsibility. Although the Minister and his Department will benefit from this—I mean this in the nicest possible way—they are the bag carrier for the Home Office in this matter.

It is important to look at the practicals. It is not irrelevant to give a brief example from my own constituency. My local hospital, Blackpool Victoria hospital, in common with many other hospitals, is finding it extraordinarily difficult to recruit at the moment. It has just had to hire 80 medical staff from the Philippines. Some people might say, “Well, they should have been doing more to retrain, reskill and bring people on board,” but the reality of attracting staff to coastal or suburban places that have more challenges than university-led or city centre hospitals is significant. Given the town the Minister represents, I venture to say that he will know of those issues, in terms of the competition between small-town areas and city centres. Those are really important issues that will need to be taken into consideration in implementing these regulations.

My hon. Friend Lord Watson of Invergowrie, speaking for our party in the other place yesterday on these regulations, identified potential problems coming from science, technology, engineering and maths teachers not being exempt. Will the Minister look carefully at that and respond? I do not believe that his hon. Friend, the Minister responsible in the other place, gave a response, although I stand to be corrected.

In that debate my hon. Friend also suggested a sunset clause, whether formal or informal, for the regulations. I urge the Minister to look seriously at that. This is a bold initiative, but it is nevertheless full of a series of untested variables that could be even more prone than usual to the law of unintended consequences. The Government themselves have admitted, in paragraph 7.5, the complexity of the regulations. I am sure that officials will sometimes say, “A sunset clause is unnecessary.” They might say that in the context of the fact that we are told in paragraph 12.1 of the explanatory memorandum, which refers to monitoring and review:

“The Department for Education will keep the operation of the charge under review, with support from, amongst others, the Home Office. This will include reviewing the policy after 12 months’ operations.”

It is not clear to me whether that means reviewing the policy as a whole or in the context of the charges and tariffs that have been produced for it. I would be grateful for clarification on that matter from the Minister.

One of the reasons why we thought long and hard about whether we would not oppose these regulations is that we believe the regulations have to be monitored extremely carefully, for all the reasons I have described. If the Minister is not minded, or not able, to apply a sunset clause to them, we need at the very least to have an annual review brought to Parliament that says where there have been problems or where there is potential for tweaking the policy.

I repeat what I said at the beginning. We are in broad support of the process, which is a process and a set of suggestions that we considered as a party in opposition and discussed before the 2015 election, so it would not be right for us to oppose the regulations on this occasion. However, our abstention comes with a big caveat to the Minister to take note of all the things that I have said and that my noble Friend said in the other place yesterday. I give notice today that we, and my colleagues in the shadow Home Office team, will very vigilantly pursue the process and the implementation of the regulations. There is also a role for the Chairs of the Select Committee on Education and the Select Committee on Business, Energy and Industrial Strategy, so I will be sending a copy of my remarks and those of my noble Friend in the other place to them too.

--- Later in debate ---

[Robert Halfon]

I thank all the shadow spokespeople and my hon. Friend the Member for Sleaford and North Hykeham—who I am delighted to see in her place, having won the by-election—for their thoughtful and considered questions. I will try to answer as many as possible.

I would like to make a wider point, following what the hon. Member for Aberdeen North said about our putting up the drawbridge. There is nothing of the sort. This is very much part of our genuine policy on skills reform, including the apprenticeship levy, the Sainsbury reforms and the £500 million announced in the Budget to support further education. All that is about building a skills and apprenticeships nation, because we have a huge skills deficit in our country.

The leader of the Labour party often criticises Conservatives for cutting corporation tax, which we have done in order to increase jobs and ensure that companies can invest in capital. We believe we have to share the burden of paying for skills with big business and big organisations and the hard-pressed taxpayer. That is the Conservative approach.

I am a huge believer in overseas development and overseas aid. I also believe in soft power. I have fantastic Filipino nurses in Harlow. However, every time we take someone from a poorer country and do not develop our own people’s skills, we are making that country poorer, not richer, because that doctor from India or the Philippines is lost to that country and is doing service here. We are not only not skilling our own population but causing damage to poorer countries that desperately need those skills. I believe in soft power, but this is about reforms to skills.

I am happy to apologise about the timing. As the hon. Member for Blackpool South kindly acknowledged, the measure was first announced in 2015 and was debated in Parliament in 2016. We wanted to bring it in earlier. It is genuinely the case that Brexit, the new Government and trying to get it right have meant a delay, for which we apologise. It has not been as ideal as it might have. As the hon. Gentleman acknowledged, there have been many external factors.

To be clear in terms of Brexit, this charge will be paid by UK employers who recruit skilled workers from outside the European Economic Area through the tier 2 general visa. There are no plans to apply a charge to employers when they recruit EU nationals. Primary legislation would need amending to extend the charge to workers from Europe and we have no plans to do that.

[Gordon Marsden]

I am grateful to the Minister for his apology. I want to make it clear that I entirely exempt him from what were not criticisms but observations of the process. I appreciate that he had to use the words “no plans”, but will the Government categorically confirm that, if we withdraw from the EU without any trade agreement, the position will not affect the employment of EU nationals and that they will not be treated in the same way as those affected by this instrument?

[Robert Halfon]

First, the immigration skills charge is purely to do with those outside the European Economic Area and there are no plans to apply the charge to EU nationals. We would have to amend primary legislation. When we leave the EU, we will be able to take steps to control EU immigration, but the precise way that is to happen has not been determined. The immigration charge is purely to do with people from outside the European Economic Area and there are no plans to apply that to the EU. The Home Office Minister is in another debate today at the same time; otherwise, I am sure he would have been able to confirm that.

The hon. Gentleman referred to our sending a conflicting message about being open for business, a point that was also made by the other shadow spokeswomen. We remain open to attracting the brightest and best from overseas. As I set out in my opening remarks, the exemptions to the immigration skills charge show the commitment, supporting global knowledge and the exchange of skills. However, we must have the right skills domestically and we are way behind.

The vote to leave the EU demonstrated the importance of making the economy work for people of all backgrounds, in all areas of the country. The fact is that British individuals in our country are losing out because of the decisions of employers instead to recruit people, often from poorer countries. That is why we introduced the immigration skills charge.

The consultation was done by the Migration Advisory Committee. It undertook a thorough review and consulted widely. It issued a public call for evidence, receiving 251 written submissions and meeting representatives from 200-plus public and private sector employers. I will happily send a list of every single one to members of the Committee, if they would like—I do not have it on me today. Our job is to listen to the views of the Migration Advisory Committee and we followed its recommendations. There was a consultation, but it was done by that specific, respected body and the people on it.

In terms of the fee, the Department for Education is paying IT development costs of about £600,000 in 2016-17. That is not coming from the income raised from the charge. The small ongoing administration costs are approximately 1%. As I said in my opening remarks, the money is going into the Consolidated Fund, but it will be spent on skills. We are discussing with various people how that money should be spent. I would hope that it will sustain, for example, the institute of technology colleges and/or the lifelong learning and so on that we announced, but it will be spent on skills.

The hon. Member for Blackpool South asked about the stats and the closure of the UKCES. The reason I go on about the “Nightmare on Skills Street”, as I describe it, is because the Department and many other bodies collect a huge range of statistics about skills and apprenticeships and social disadvantage. The reason why we have the skills and apprenticeships priorities that we do—widespread, quality provision, social mobility and addressing our skills needs, particularly of women in STEM—is all the data and the analysis going on in the Department, with the Skills Funding Agency and many other organisations.

Let me turn to the public sector and the health service, which were raised by my hon. Friend the Member for Sleaford and North Hykeham and the Opposition spokesman. We need to put this into context. The number of doctors, nurses and teachers recruited through a tier 2 visa route—the thing we are talking about today—is low. The MAC’s report found that 3,600 certificates of sponsorship were used for doctors and 2,600 for nurses for the year ending August 2015. In terms of teachers, the same report showed that 164 certificates of sponsorship were used for science teachers and 10 for teachers of Mandarin in 2015. Let me put that in context. The use of tier 2 visas is relatively low in terms of the whole number.