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

Jim Shannon Excerpts

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

[Nicola Richards]

I agree with my right hon. Friend. Obviously, we want to reduce the numbers on immigration. We were not able to do that while we were members of the European Union, but overall, it limited the number of countries and the areas that people were able to come from and that is what we are putting right now.

On new clauses 7 and 8, I  hear the concerns of colleagues across the House, but I am pleased to hear that the Home Office already looks to avoid detention altogether where this is possible through community engagement programmes, and that detention is only really made where there is a reasonable timescale for the removal of an individual. I agree that detaining an individual indefinitely is wrong and should not happen.

Our current dual immigration system is simply not fit for purpose and does not serve our interests as a country. That is exactly what the people of West Bromwich East tell me. From Friar Park to Great Barr, people have been saying the same thing—that the EU does not and did not work for us. It became a one-size-fits-all club, especially with regard to immigration, and we have had enough.

I have said in the House before that we Black Country folk are proud of our diverse communities and we value those foreign nationals, both from the EU and elsewhere in the world, who help to deliver a world-class health system. I am really pleased that the new points-based immigration system will not just allow, but actively welcome a range of health professionals to this country. Our NHS simply would not function without the dedicated army of foreign nationals who work in it. We can see this on display in every hospital across the country, including Sandwell General Hospital, which serves so many of my constituents so well. The Bill allows us to further protect our treasured health service, as we can go beyond the strict arrangement that we have been bound to while in the EU by adding more flexibility to the way that we recruit our doctors and nurses. So we should embrace this opportunity.

This short Bill is the natural precursor to the immigration framework that we want to operate under once the transition period ends. It is surely right that, in an open, tolerant meritocracy, such as the one we have in Britain, we should have an immigration system based on skills rather than nationality. I also welcome the Immigration Minister’s commitment to a “digital by default” system. I know from my own casework that this has been a difficulty for some people and I am pleased that we are looking to make these necessary changes.

A simpler, fairer immigration system is what the Bill will pave the way for. I think that it is a landmark moment, given the strength of feeling about immigration in our communities, and it proves that the Government are getting on and delivering on their promises. This is democracy working at its very best. We are stripping away the old and allowing ourselves to be bold and ambitious moving forward. I want the people of West Bromwich East to know that this is what we voted for and it is what we are delivering on. I commend the team at the Home Office for their work, and I commend the Bill in its current form.

[Jim Shannon (Strangford) (DUP)]

Like many others, I have been inundated with briefings and questions regarding the Bill, and I understand the importance of us all getting things right today, if possible. We certainly must, at all costs, protect our social care sector.

I was very happy to add my name, along with my hon. Friend the Member for Belfast East (Gavin Robinson), to new clauses 3 to 10, in the name of the right hon. Member for Haltemprice and Howden (Mr Davis). I hope that he presses these amendments to a Division and that the Government perhaps will accept them, even at this late stage. I feel strongly about the time limit on immigration detention. New clause 3 would hopefully change that to protect people by having a period of 28 days. The other proposals relating to bail hearings, the criteria and duration are also important, and it is so important that we get this right.

I have seen the existing pressure on the social care workforce in my constituency, and one thing is certain from their side: there is not the staff or structure to carry all that is required. The social care workforce will need to expand to deliver the Government’s laudable commitments. It is important to note that the number of staff needs not only to rise to reduce the over 120,000 vacancies that currently exist, but to increase considerably over a sustained period to meet the Prime Minister’s pledge to give every older person the dignity and security that they deserve. The current system leaves a large number of vulnerable people going without any help.

Research by the Nuffield Trust indicates that providing just one hour per day to older people with higher needs who currently get no help would require approximately 50,000 additional home care workers in England alone, never mind Northern Ireland, Scotland and Wales, and providing two hours per day would require 90,000 extra workers.

Although it can be argued that the economic impact of covid-19 will pull in more domestic workers, it is far from clear that that will create the permanent step change needed to deal with the loss of migration, fill the vacancies and grow the workforce all at once. In her new clause 29, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has put forward a solution, and I hope that there is a cross-section of people in the House who will pursue that.

Analysis of the data by the Nuffield Trust shows that, from 2009-10 to 2018-19, almost half—46%—of the expansion in the social care workforce across the UK was accounted for by people born outside the United Kingdom. That is a case for why we need an immigration system that enables those people to come in and help our social care system. In regions with the greatest projected future need for social care, such as London, not only has the proportion of EU staff increased over time, but migrant staff now make up a large proportion of staff, with more than two in five care workers from abroad.

I remind the Minister very gently and respectfully that countries such as Australia and Canada have long employed points-based immigration systems and have introduced a range of special migration programmes out of necessity, including to help the long-term development of the domestic workforce. New Zealand has an agreement with the residential care sector under which it may offer more generous visa terms, such as longer stays, for a range of key jobs, including personal care assistants and care workers. In exchange, employers develop plans to boost the domestic workforce.

Having seen vulnerable people struggling to care for themselves, and yet knowing the difficulties of securing an adequate care package, I welcome this opportunity to speak on this matter. I hope that the Government listen to Members’ pleas in relation to the new clauses that have been tabled. They were tabled for the right reason—to do what is right today.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is always a pleasure to follow the hon. Member for Strangford (Jim Shannon). It is a pleasure I have had on many occasions since joining the House. Overall, this has been a good debate on a wide range of issues relating to immigration. Members will appreciate that, in view of the time remaining, I will be unable to respond in detail to every new clause and amendment. However, I would like to address some of the more prominent issues that were raised during the debate.

I know that Members were restricted by the narrow scope of the Bill, but I would like to put on the record that most of the new clauses and amendments, if implemented, would lead to a discriminatory immigration system with differential treatment between EEA and non-EEA citizens, which cannot be justified and is not in line with the Government’s approach of having a single global migration system in the future. However, I accept that the reason for the wording of the amendments was to get them in scope.

I turn to the 31 Government amendments in relation to social security co-ordination, which is dealt with by clause 5. As social security co-ordination is transferred in respect of Northern Ireland and partially devolved to Scotland, clause 5, as currently drafted, confers powers on a Scottish Minister or a Northern Ireland Department to legislate in areas of devolved competence. As is required, we sought legislative consent from the Scottish Parliament and the Northern Ireland Assembly. Social security is reserved in Wales.

The relevant Northern Ireland Minister has indicated that a recommendation will be put to the Executive to bring forward a legislative consent motion in the Assembly; however, the Scottish Government confirmed on 19 June that they would not recommend legislative consent. The Government amendments therefore amend clause 5 and schedules 2 and 3 to restrict the powers in the Bill in relation to Scotland so that the clause does not now engage the legislative consent process in the Scottish Parliament. I therefore hope that Members will be prepared to agree to the amendments.

Turning to one of the more substantive issues raised, the hon. Member for Argyll and Bute (Brendan O'Hara) started the debate around new clause 1. I recognise that Members across the House care deeply about the health and social care sector. I am pleased to again place on the record the Government’s thanks and recognition of the fantastic job that those working in health and social care do for the whole of our United Kingdom.