James Brokenshire
Main Page: James Brokenshire (Conservative - Old Bexley and Sidcup)Department Debates - View all James Brokenshire's debates with the Home Office
(8 years, 6 months ago)
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My hon. Friend is right to highlight that issue. Many other EU countries do not have the rigorous rules on the issuance of passports that we have. For example, in Romania, there are lots of Moldovans. Moldova is not in the European Union; it is next door to Romania and used to be part of Romania, but it is no longer. Lots of Moldovans qualify for EU passports because they are the grandparents of Romanian citizens. They are not EU citizens, but with their EU passport they are able to waltz into the United Kingdom and we are unable to do anything about it. Were we a free, independent and sovereign nation once again, we could say, “No, you’re not allowed into this country,” because we could set new rules. While we are a member of the European Union and the European Court oversees our border policy, we do not have that right.
The migration crisis is already having an impact on the forces that we have at our disposal to control our borders. The UK Border Force runs five seaborne cutters to protect Britain’s shores from immigration from the European Union. At any one time, one is under repair, which leaves four others. Two have been sent to help out with the migration crisis between Greece and Turkey, which leaves just two to patrol Britain’s territorial waters. Members will be as shocked as I am to learn that official Home Office statistics show that 67,500 small planes and boats enter Britain each year unchecked. At least, that is what the Home Office tells us. That is an alarming number of incursions into British airspace and British territorial waters. Reducing the number of seaborne cutters available to intercept such vessels clearly weakens our borders.
This week, the situation relating to our borders and to people coming to this country from the EU was made even worse by new European Union rules on the Dublin regulations. The Dublin regulations say that, if a person claims asylum in an EU nation state and then goes to another EU nation state, the second country can send them back to the first. That is the way the system is meant to work, except that it does not work with Greece, because its system is meant to be so badly run that sending an individual back to that country after they have been intercepted here breaches their human rights. That is despite the fact that tens of thousands of our citizens go to Greece on holiday every year.
Under the Dublin regulations, we have been sending back only 1% of the asylum seekers who reach our shores. That is pretty pathetic, but the European Commission is now changing the regulations and will give us no guarantee that Britain will be able to maintain even the current regulations should we decide to stay in the European Union. I seek further clarification from the Minister on that point, because my constituents are concerned not only about the volume of legal immigration to this country, but about people abusing the asylum system to come to our shores.
As I said on the Floor of the House yesterday, the Commission has said that the UK would be able to maintain the Dublin regulations as they currently exist should we decide not to opt in to the new proposals. It is important to make that point clear.
The Minister places more reliance on the European Commission’s word than my constituents and I do. There is nothing to stop it changing its mind once we have voted to stay in the European Union. Indeed, in the draft proposals, it threatened the United Kingdom with financial consequences should we not co-operate with its decision. Although I take careful note of what the Minister says, I am afraid I do not have as much faith as he has in what the Commission tells us.
On that point, my hon. Friend has highlighted the issues relating to the new regulation but, as he knows, the UK has an opt-out: we have to positively opt in to new measures with a justice and home affairs base, of which this is one. Therefore, the UK has that protection, which goes much further than anything the Commission says.
Again, although I admire the Minister’s confidence that what the European Union tells us will in fact be the case, I simply do not trust it, because it has gone back on things before and I expect it will again. The reason why I think it will go back on its word is that the asylum problem in the European Union is out of control. The EU has decided that it is simply not possible for the existing Dublin regulations to work effectively. Now it wants a quota of people from non-EU countries who come to Europe claiming asylum to be allocated to other member states. My great fear is that, if we vote to stay in the European Union, we will be lumbered with some of those asylum seekers, especially because we would remain under the control of the European Court, which would ultimately decide what our asylum policy should be. If we decide to leave the European Union, we will be able to decide our asylum policy for ourselves. I am sure it would be free and fair, but it would not be the free-for-all that we have at the moment.
The consequence of all this immigration from the EU, in whatever form it takes, is that we are losing control of our country. I asked the Transport Secretary for his transport projections, and I was given three sets of figures. The road traffic forecast for England suggests that traffic will increase between 4% and 20% by 2020; between 11% and 38% by 2030; and between 15% and 52% by 2040—that is before Turkey joins the European Union. Can hon. Members imagine 50% more vehicles on our roads by 2040? Those are not my figures, but Her Majesty’s Government’s official estimates of what is happening to roads in every constituency in our country.
Increasingly—I am sure we all have constituents who have had this experience—job vacancies require people to speak Polish, Romanian, Bulgarian or even Russian. A recent report showed that dozens of vacancies on a Government-backed recruitment site called Universal Jobmatch stressed that it is important for people working in certain occupations, such as painting or decorating, to be able to converse in Polish. That is discrimination against our own people, and we all know it is happening in every constituency in this country. It is absurd to expect someone who was born and brought up in this country to speak one of those eastern European languages to secure a fairly menial job.
The pressure of all this immigration from the EU has caused the population of this country to rise to seriously unsustainable levels. As the chairmen of the cross- party group on balanced migration highlighted, official Government projections show that our population will grow by nearly 10 million in the next 25 years to more than 74 million people. Currently, we are at 64 million; they expect that to go up to 74 million.
If all immigration from the EU and elsewhere were to end tomorrow and were reduced to zero, the UK population would rise from 64 million today to almost 68 million by 2039, official Government statistics estimate. If we were to have net migration of just over 100,000 a year—just outside the commitment in the Conservative manifesto, on which you, Mr Pritchard, the Minister, the Parliamentary Private Secretary present, my hon. Friend the Member for Northampton North, my hon. Friend the Member for Isle of Wight and I were elected only a year ago—the population would rise to 72 million by 2039. If immigration were to rise at 185,000 a year, which is the central long-term estimate that Her Majesty’s Government agree with and included in the infamous, dodgy Treasury document published a few weeks ago, our population would be set to rise to 74 million by 2039. If immigration were to rise at the high predicted rate of 265,000 a year, we could expect a population of almost 77 million.
Turkey has a population of 75 million. Its population is going down in number, and the people coming to this country will help to boost our population from 64 million today to perhaps 77 million by 2040. My contention is that this country will simply not be able to cope, in terms of infrastructure, public service provision or culture, if we agree to a wave of immigration on that scale.
When my constituents are thinking about how to vote on 23 June, I say, “This is it. This is going to be your one and only chance. Do you want your country back? If so, vote to leave. If you’re happy to have a wave of immigration from Turkey, Albania, Serbia, Montenegro and other new entrant countries, then either stay at home or vote to remain, but your country will not be your country in 2040.”
It is a pleasure to serve under your chairmanship, Mr Pritchard. I congratulate my hon. Friend the Member for Kettering (Mr Hollobone) on securing the debate. Although the Chamber may not be well attended—no doubt other Members are elsewhere, fighting the elections that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) referred to—my hon. Friend highlighted important issues and I welcome the opportunity to debate migration and Britain’s place in the European Union. I also thank my hon. Friend the Member for Isle of Wight (Mr Turner) for taking part in the debate.
We remain committed to reforms across the whole of Government to create an immigration system that works in the best interests of our country and reduces net migration to levels that are sustainable for our public services and infrastructure and for communities across the UK. My hon. Friends mentioned the pressures that migration brings to public services such as the health service, housing and schools. The Government take those issues very seriously, which is why I make my points in the way that I do. We seek to reduce net migration to a sustainable level—from the hundreds of thousands to the tens of thousands—and to exercise the control that the last Labour Government did not. We have sought to make those changes through a range of reforms to both EU and non-EU migration.
During the last Parliament, we introduced reforms that have cut widespread abuse of work, student and family visas. We also cracked down on illegal working and sham marriages, and legislated to make life in the UK difficult for illegal migrants by cutting their access to goods and services such as driving licences, rental accommodation and bank accounts, and by other means. The Immigration Bill that is before the House will continue that reform. It is important to underline the steps that have been and continue to be taken in cracking down on such abuses.
I commend the Minister and the Home Office on their efforts in tackling the abuses of the immigration system that he inherited. I dread to think what the level of immigration would be if we still had a Labour Government—they simply would not have taken the steps that he has outlined—but how will he honour our manifesto commitment to get annual net migration below 100,000?
It is important to recognise the need to continue the reforms that we have made and take further steps to crack down on the abuses from both outside and inside the EU that I have highlighted. Strengthening our ability to crack down on abuses of free movement and related issues such as sham marriage was part of the Prime Minister’s renegotiations, and we must ensure that European Court judgments are clarified so that we can take action on those issues. I will come on to address some of those broader themes.
During the last Parliament, we tightened the rules on EU nationals, demonstrating that the right to free movement is not unqualified. Since January 2014, we have made significant progress in tackling abuse. We have restricted access to a range of benefits for all those who are not economically active. Between January 2014 and December 2015, we sought the removal of more than 600,000 EU nationals who either did not have the right to be in the UK or had abused their right.
The reforms that the Prime Minister secured at the February European Council take us another step forward in our efforts to ensure that immigration to the UK is sustainable and maximises Britain’s prosperity and security. The deal is legally binding across Europe and the agreement will come into force directly after the referendum if the UK decides to stay in the EU. In the future, no British Prime Minister will be able to give away further powers to Brussels without a referendum. That is an important agreement that the Government achieved in the previous Parliament, which gives further assurance on the concerns people may have about any ceding of further powers to the EU. We have put that lock in place and provided a referendum to give further assurance.
We have the luxury of time this afternoon, and I am listening to the Minister intently—he is reading the brief he has been given extremely well. The independent Office for Budget Responsibility, set up by the Conservatives, has said that from 2021 onwards net migration will be 185,000 a year, even after the Prime Minister’s renegotiation and all the measures the Minister outlined. Do the Government dispute the OBR’s forecast or will we be in permanent breach of our manifesto commitment?
It is important to underline that the OBR’s numbers are a projection and not a forecast. Projections do not attempt to predict the impact of Government policy or changing economic circumstances at home or abroad. That is why I make the point about the policy changes we have made and continue to make and why we retain the focus on bringing net migration down to the sustainable levels that my hon. Friend and I recognise are important to reduce the pressures on public services.
Does the Minister not realise that the Chancellor of the Exchequer said that we had to accept the prospect of 185,000 migrants a year to this country and that we could not argue about it? We cannot move the numbers.
I come back to the point I made about the OBR’s projections. Clearly, numerous factors can affect migration flows. At any given point in time, the UK’s position relative to where potential migrants come from and other places they could go will affect flows. Part of the Prime Minister’s reforms at EU level are about competitiveness. Some of the challenges we have seen in recent years have stemmed from disparities in the economic development of one European country against another. That is why the competitiveness part of his negotiations is important.
We are looking at a number of factors. In terms of the skills agenda, my hon. Friends will very much welcome the approach that the Government have taken in creating apprenticeships—some in the previous Parliament and more in this Parliament. That is giving significant opportunities to reskill and providing our young people with opportunities to meet the needs of the employment market.
We need to look at this in relation to reform of migration rules: the steps we have taken for those outside the EU and through the EU renegotiation on factors that could draw people here. However, it is also about the overall competitiveness of the EU. We need the EU market to grow and to see countries’ economies succeeding and creating jobs. There is also the skills agenda here and welfare reform more broadly, with people seeing that work always pays and taking up opportunities to work.
There are a number of factors at play, which is why the Government are looking at this from the perspective not only of Home Office migration policy but of other policy areas. That demonstrates our commitment to look at sustainability levels. We are acting across Government to reduce net migration and to establish a system that acts in the best interests of our country.
No doubt the Minister will be promoted in due course, but if he is not and remains in post, how confident is he that by the time this Parliament concludes in 2020, net annual migration levels will be below 100,000 a year?
My hon. Friend and I were elected on the basis of a manifesto for the whole of this Parliament that set the ambition to reduce net migration to the sustainable levels that existed before the previous Labour Government came to power. That firmly remains the ambition and focus of this Government, which is why we continue to make reforms in relation to our migration policy and are taking other actions and approaches across Government. I am sure he would support this Government retaining that focus and taking such action.
I want to come on to the overall figures, to which both my hon. Friends referred. It is important to recognise that national insurance numbers and net migration statistics are two separate things. Obviously, national insurance numbers cover all those who register seeking to work, including those who stay for less than 12 months in the UK and short-term migrants, such as those who come to work for a short period or for seasonal work. In contrast, the net migration statistics are estimates for long-term international migration—in other words, those who intend to stay in the UK for 12 months or more for any reason, not just to work.
In order to inform Government policy and, most importantly, to ensure public confidence, it is important that our immigration statistics are robust and reliable. The numbers and data sets are complex, and I have explained the distinctions between the two different sets highlighted this afternoon. I want to correct my hon. Friend the Member for Kettering slightly; the data on net migration statistics are not Home Office data but data from the Office for National Statistics, which is independent of my Department. It is important to put that on the record. The Home Office does not seek to influence those data; we are very much at arm’s length. The ONS produces net migration statistics based on the surveys it conducts and what it extrapolates from those.
There has been a recognition of the concerns expressed by my hon. Friend and others about the differences between datasets. A group of experts from the ONS, the Department for Work and Pensions, Her Majesty’s Revenue and Customs, the Home Office and the Cabinet Office is in place to reconcile data sources, and a report of its findings will be published later this month. I hope he will be assured that that information is forthcoming.
With the measures that the Prime Minister secured in February on EU nationals’ access to benefits, we are ending the culture of getting something for nothing. We think it is right to address the fact that people can come here and claim benefits from day one, and the changes we have introduced will allow us to do that. Once pulled, the new emergency brake on welfare will apply to EU nationals newly arriving in the UK, who will not have full access to our in-work benefits until they have lived here and contributed to our country for four years.
The European Commission has clearly said that the UK already meets the criteria for the implementation of the emergency brake. Reducing that pull factor will help us to control and reduce immigration from the EU. As I have said, the new settlement will also make the whole of Europe more competitive. We have new commitments from the EU to cut red tape, complete the single market and sign new trade deals. Boosting prosperity across the EU will play an important part in tackling some of the root causes of mass migration from one member state to another.
I want to emphasise a few points I made in my statement to the House yesterday on the Dublin regulation. The UK has an opt-out from justice and home affairs measures that we exercise by deciding whether to opt in to new measures. We are not bound to sign up to the proposals that the Commission published yesterday, and we will have three months to consider whether to do so. To be clear, that does not mean there will not be debate about or consideration of those matters in this House. We benefit from that time scale in deciding whether to opt in at the outset to a new measure published by the Commission. That acts as an important protection and safeguard, which the Government have carefully used in determining what is in the best interests of the UK when deciding whether to opt into new measures.
I emphasise the Commission’s statement yesterday, which indicated clearly that under the new proposals, whether or not we decide to opt into them, the UK will continue to be able to operate the existing Dublin regulation, which sets out the principle that those who claim asylum should do so in the first country in which they arrive and that EU countries bearing the greatest responsibility in relation to asylum seekers are supported. That important protection was underlined by the Commission in its statements yesterday.
Even if we keep the existing regulations, we are only sending back 1% of the asylum seekers who make it to our shores. That is negligible and pathetic. Has the Minister any other ideas about how we can send back to the first safe country they came to the thousands of asylum seekers who cross the channel and come to Britain?
I do not regard 12,000 people over the past 10 years as negligible. I agree that we need to see reform of the Dublin regulation. We continue to engage in that, while supporting the principles that the existing Dublin regulation clearly sets out. We think it is right to uphold those principles—a point we have made clearly at the EU level, and we will continue to do so —rather than undermine them and effectively set off in a whole new direction, which is not appropriate.
The UK does not agree with the concept of relocation. We have used our protections so that the UK will not be party to those arrangements. It is about reform, not about rewriting Dublin. That is the UK Government position, and it is one we will continue to advocate firmly at meetings with the Council and the Commission.
I commend my hon. Friend for his undoubted efforts. It must be tortuous going to all these EU meetings and banging the table for Britain. I completely understand where he is coming from, but in the existing situation we have the absurdity where if somebody claims asylum in Greece—where most migrants are claiming asylum—and they make it to Britain, we are unable to send them back to Greece. What is the European Union doing to sort out the asylum system in Greece so that asylum seekers can be sent back there?
I am sure that my hon. Friend would welcome the support that the UK Government and others are giving through the European Asylum Support Office, to enable the Greek system to operate in a cohesive way. Indeed, as part of the work through the EU-Turkey deal, the UK will be sending 75 experts to practically support the processing of asylum claims and co-ordination in the coming days and weeks, which is important. Other EU countries are taking similar steps.
My hon. Friend’s assertion is seemingly based on the assumption that this would all be so much better if we were outside of the EU. I do not see it in those terms. There are structures, systems and processes that we are able to use and harness so that people can be returned. If we were outside the EU, we would obviously not have the benefit of those. He mentioned the issues and challenges. However, it may be even harder if we were on the outside rather than on the inside in dealing with a number of these important issues. The EU migration crisis is not going to go away. Therefore, we all need to make a judgment on how best we can influence the agenda and ensure it is appropriately focused to respond to those challenges.
We are not part of the Schengen agreement, but what happens in countries such as Greece and Italy is important in terms of migratory flows and our experience in the UK. We have more ability to influence that if we sit round the table. We have the protection of not being part of the Schengen agreement and the protection of the opt-out arrangements on justice and home affairs measures. We can seek to influence that agenda in a way that is in the best interests not just of the UK, but of the EU as a whole. Clearly, that is a debate and a consideration that we will all inform ourselves and others of as we look towards 23 June. No doubt that debate will continue in this House and elsewhere.
I want to touch on a connected theme: EU enlargement. We believe that no European country should join the European Union unless there is strong, credible and demonstrable evidence of the fulfilment of all political, economic and legal criteria, as well as country-specific conditions for full EU membership. The UK has and will use a veto to block any new country from joining the EU unless all membership and country-specific criteria are fully met. We acknowledge that for most EU-aspirant countries that means a challenging and lengthy EU accession process, but it is a process by which to ensure that all future member states are fully reformed and capable of taking on effectively all EU membership obligations.
There would be no alternative to preserving the credibility of EU enlargement in the eyes of the British and wider EU public if we were to take a different view. We do not believe in setting timetables for new EU accessions. Countries should join the EU only when they are truly ready, however long that takes. We believe in quality, not speed or automaticity, in the accession process.
I understand what the Minister is saying, but when it came to the accession of Romania and Bulgaria there were serious doubts about corruption in those countries and the extent of criminality among some sections of those nations. I remember that because we debated it on the Floor of the House. Since those two countries joined, especially Romania, there has been a wave of crime on the streets of London particularly, but also elsewhere in the country, by Romanians and Bulgarians. The Home Office and the police have struggled to get on top of that. Hundreds of Romanians and Bulgarians are in our prisons at the moment. What assurance can the Minister give me and my constituents that he is on top of the Albanian and Turkish criminality problem should those countries join?
I will make some general points about foreign national offenders before perhaps going on to the specifics. The Government are clear that they will seek to deport foreign nationals who pose a threat to the British public. All foreign national offenders who are given a custodial sentence are considered for deportation. We removed 3,310 European foreign criminals in 2015. That is more than triple the number deported in 2010. We also removed more than 2,250 non-EU offenders last year. Yes, we need to do more work, but I assure my hon. Friend of the focus and attention the Government give to seeing that foreign national offenders are removed from our shores. I undertake that work not just within the Home Office, but with Ministers in the Ministry of Justice and in the Foreign Office.
The deal that we secured for the UK includes important changes in international law that will give us greater freedom to tackle new and emerging threats to the UK and to crack down on abuse by subjecting EU nationals to stronger and longer re-entry bans. It adds important clarification to member states’ powers to exclude or deport EU nationals who pose a threat to our security. The Commission is committed to reviewing criminality provisions when the free movement directive is next updated. As part of the Government’s settlement for the UK in the EU, we have strengthened our hand so that EU nationals who genuinely pose a threat to the UK public, even without a conviction, can be deported.
I am listening carefully to the Minister and that is all fine, but it seems to me and my constituents that, if a foreign national commits a crime in this country and is convicted of that, they should be deported from this country and banned from ever coming back. We are unable to do that while we remain a member of the European Union.
There is supposed to be an EU directive on compulsory prisoner transfers. That directive has been in place for some time. Why are Romanians not going back to Romania and Poles not going back to Poland? Also, can the Minister assure me and my constituents that he is on top of the Turkish and Albanian criminality problem?
I can tell my hon. Friend clearly that the precise purpose of the National Crime Agency, which the Government established, is to give much greater focus to organised criminality in all its forms, including cross-border criminality from a range of countries. We have also established the immigration crime taskforce, which brings together officers from the National Crime Agency, Border Force and immigration enforcement to focus on the trafficking and smuggling of people and attempts to trade in misery by exploiting people in that way.
I emphasise the steps we are taking to enhance our understanding of the picture and to disrupt and take action against cross-border criminal groups. Crime is becoming ever more international and my argument is that being party to measures in the EU, through Europol, access to data and the European criminal records information system, helps and supports us. Having that detail and information helps us to fight criminality as it crosses borders. Being outside a number of these structures and not having access to that information would make that work much harder. That is why I judge, on balance, that it is right and benefits the UK to remain in the EU. Benefits arise from those mechanisms, structures and information. For example, foreign nationals who abuse our hospitality by committing crimes in the UK should be in no doubt of our determination to deport them. Initiatives such as Operation Nexus join up immigration enforcement and policing across police forces to focus on foreign national criminals, ensuring that we are doing the necessary checks and harnessing the available information.
The Minister is being extremely generous, which is appreciated. The Prime Minister himself said yesterday in front of the Liaison Committee that the Government have not got on top of the issue of the compulsory transfer of foreign national offenders in our prisons to jails in their own countries. The relevant Government committee met only once every six months to review the issue. What more can the Minister do to put rocket boosters under the implementation of the EU directive?
As I have already indicated to my hon. Friend, the situation is not static. There is a continuing commitment and focus across the Government. The Prime Minister rightly and understandably takes a personal interest in the issue to put public protection foursquare in the work of this Government. I assure my hon. Friend on the steps we take and the discussions we have with the Ministry of Justice and the Foreign Office to energise and retain that focus on ensuring that criminals in the UK who have abused our hospitality are removed at the earliest opportunity, whether that be by way of removal that we undertake, or by way of using mechanisms such as prisoner transfer agreements within the EU or outside. I certainly assure him of the continued focus we have brought and will bring, knowing that, although the numbers have gone up, there is much more work we need to do.
Before I finish, I want to deal foursquare with Turkey. I cannot see Turkey joining the EU any time soon. Why do I say that? Well, Turkey has to negotiate 35 different chapters, decisions on setting benchmarks and agreements that they have been met and the closure of those mechanisms. All require a unanimous EU decision. Once those negotiations have been separately completed and closed, there has to be another unanimous decision on accession. Then all 28 member states have to ratify an accession treaty, and the European Parliament has to approve the accession. It should be recognised that France has said that it will hold a referendum on Turkish membership of the EU, and 75% of the French public currently do not want Turkey to join; Austria has said the same. Given that process and the views of other member states, Turkey’s EU accession is not on the cards for many years to come.
There is also an important point about transitional controls. When new countries are admitted to the EU in the future, we will insist on economic convergence before their citizens can benefit from free movement. Therefore, their GDP per capita, employment rate and income distribution should be close to the average across the EU. We will ensure that those issues are at the heart of any discussion on EU enlargement. We of course have a veto, which would block a new country joining the EU unless tougher controls were introduced.
As I said at the start of my speech, the Government accept European free movement as part of a functioning European internal market. We welcome those who come to work and contribute to a growing UK economy, but we must continue to focus on the scale and speed of immigration into the UK and must take action to tackle those who abuse free movement rights.
The Prime Minister has delivered on the commitment to renegotiate a better deal for Britain in Europe, and it is now for every individual to decide whether they want to remain in the European Union or leave, in the first referendum on the matter in more than 40 years. This is not the end of the process, but an encouraging start in reforming Europe. However, it is clear that the UK will be stronger, safer and better off remaining in the EU. That is the Government’s view and my view, but I welcome the opportunity that we have had this afternoon to debate some of these very important issues relating to migration that are at the heart of the concerns of many people and many right hon. and hon. Members. I again thank my hon. Friend the Member for Kettering for giving us the opportunity to air these issues and debate them in a calm and considered way. That is what the debate should be all about, and what I hope will continue to set the tone as we look to the weeks ahead and the referendum towards the end of June.