EU Nationals: UK Residence

Debate between Joanna Cherry and James Brokenshire

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I underline again that we are an open, welcoming country and recognise the contribution that EU citizens make to our country, our economy and our communities. That is why this must form part of our assessment, our consideration and our negotiations and agreement with our European partners. I stress it in those terms very clearly. I hope my hon. Friend will understand why the matter needs to be viewed in that broader construct in the best interests of our country and to get the best outcome from those discussions.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I start by observing that this is one of many questions to which it might have been prudent to have an answer before the right hon. Member for Birmingham, Edgbaston (Ms Stuart) and her fellow Brexiteers persuaded so many of their fellow citizens to vote to leave the EU? Be that as it may, Scotland voted overwhelmingly to stay in the European Union, and our fellow citizens who were born outside the UK are now anxious to know what the referendum results mean for them, not just now but in the future. And so are EU citizens across the UK. It is wrong and irresponsible to prevaricate about this.

In launching her bid for the leadership of the Tory party last week, the Home Secretary said:

“We will strive to make Britain a country that works for everyone—regardless of who they are and regardless of where they’re from.”

Actions speak louder than words. Why is the Home Secretary not here today to give the sort of reassurance that one might have expected in the light of that election pitch? What could be more important than her coming to this House to give that reassurance?

At the opening of the Scottish Parliament on Saturday, the First Minister said:

“We are one Scotland and we are simply home to all of those who have chosen to live here. That is who and what we are.”

Will the Minister reconsider, follow the First Minister’s example, and offer such reassurance for the whole of the United Kingdom? If he is not prepared to do that, will he clarify today in what circumstances he thinks it would be appropriate to remove the rights of EU citizens already living here?

[James Brokenshire]

The hon. and learned Lady has rightly highlighted that there were and will be a range of issues that need to be addressed, and obviously this is one of them. It was a consequence of the decision to leave the European Union; it was not shied away from and was clear in advance of the referendum. She makes her point in a clear and concise way. To come to her broader point, we want to get to a position where we can tell EU nationals who live in the UK that everything will be fine, that we can see them continuing here. I reverse the approach and take it from that standpoint. That is the approach that we will take as we look towards those negotiations and those EU discussions.

Oral Answers to Questions

Debate between Joanna Cherry and James Brokenshire

Monday 13th June 2016 Commons Chamber

[James Brokenshire]

Experience of the “fresh talent” scheme indicated that only 44% of applicants had remained in Scotland at the end of their two years’ leave on the scheme. We asked the Migration Advisory Committee to look at whether differentials would work in terms of the overall salary thresholds, but it advised that that would not be appropriate and, indeed, that it would lead to the setting of higher salary thresholds in Scotland as contrasted with the rest of the UK, therefore not achieving the objective for which I think the hon. Gentleman is trying to argue.

[Joanna Cherry (Edinburgh South West) (SNP)]

Scotland needs different immigration rules because it faces very different demographic challenges from those in London and the south-east, yet the needs of London and the south-east determine British immigration policy. Why will not the Government exclude Scotland from the net migration target and work with the Scottish Government to pursue policies that are tailored for Scotland’s needs?

[James Brokenshire]

I do not agree with the hon. and learned Lady’s analysis. The shortage occupation list recognises the different skills shortages that may need to be addressed in Scotland. Under the Scotland Act 2016, the Scottish Government have new powers to make Scotland a more attractive place to come to, live in and work in, in order to boost the tax take and grow the population. I encourage the Scottish Government to use those powers.

[Joanna Cherry]

As the Minister very well knows, immigration is still a reserved matter. I am interested to hear that he accepts the principle that different rules can apply to different parts of the UK by highlighting differences in the shortage occupation list. Having accepted that principle, why will he not work with the Scottish Government to pursue other policies that are designed to meet the specific demographic challenges that Scotland faces?

[James Brokenshire]

I did not say what the hon. and learned Lady suggested. We always welcome the opportunity to continue discussions with the Scottish Government on these issues, recognising that immigration remains a reserved matter. We will look carefully at the Scottish Affairs Committee’s report and respond to it shortly. We are very clear that there needs to be a policy for immigration across the UK, and that is what this Government will continue to adopt.

Brain Family: Deportation

Debate between Joanna Cherry and James Brokenshire

Thursday 26th May 2016 Commons Chamber

[James Brokenshire]

I say to the hon. Lady that the help provided has been the discretion that has already been applied in this case, not once, but twice, in allowing extra time for the family to regularise their stay. It is therefore completely incorrect to suggest that we have taken a blinkered approach or have simply applied a strict one, although she has sought to criticise us for that.

On post-study work, it is important that the House understands that we made these changes not to target some simple number, but to deal with abuse in system, which this Government inherited from the last Labour Government. We had students arriving in this country who could not speak English and were using this route as a mechanism not to study but to work. We have, however, shown that we are prepared to listen in this case. In continuing to reflect on it, we have already taken representations from the hon. Member for Ross, Skye and Lochaber, who is representing his constituents. As I have indicated, that is what we will do, but I make the point that the family have known for at least five years what the requirements would be. They have known of the need to get a graduate-level job. We wish them success in securing that, and obviously I look forward to hearing further representations on this matter.

[Joanna Cherry (Edinburgh South West) (SNP)]

This case highlights the fact that Scotland’s migration needs are really very different from those of the south of England. I can assure the Minister that the Scottish National party Government in Edinburgh have created an enterprise economy. What we need now is for the UK Government to do their bit by bringing in a sensible migration policy that will enable Scotland to attract and keep the talent that we need, particularly in areas such as the highlands. When will this Government recognise that Scotland’s migration needs are different? In particular, will the Minister tell me when his Government will reintroduce the post-study work visa, bearing in mind that all parties in the Scottish Parliament, including the Ruth Davidson party, support that?

[James Brokenshire]

Our immigration policy is formed on the basis of the whole of the UK and of the needs of the UK in attracting skilled and talented people to contribute to our continued economic growth, which is what I have underlined to other hon. Members in the answers that I have given. On the shortage of skills, we do recognise and reflect on the fact that there is a separate shortage occupation list on which we prioritise the visas that are given to people coming to work in the United Kingdom. The reason we took the step that we did in relation to post-study work is that we saw abuse of it. Some have referred to the fresh talent scheme. Well, the information from the Scottish Government’s social research in 2008 indicated that only 44% of applicants had remained in Scotland at the end of their two years’ leave under the scheme and that many people had come to London and the south-east rather than staying in Scotland.

Child Refugee Resettlement

Debate between Joanna Cherry and James Brokenshire

Tuesday 10th May 2016 Commons Chamber

[James Brokenshire]

I am grateful to my hon. Friend for highlighting the contribution that can be made. An example could be to have discussions with local authorities about capacity issues within the system, the availability of fostering and other support that may be provided. Indeed—as we have sought to do in implementing the vulnerable persons resettlement scheme—we should harness and channel offers of goodwill and support positive implementation, so that when children arrive they have the care, support and assistance that all Members of this House would want to see.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Scottish National party welcomes the Government’s change of position on this issue, as we did last night. We very much support the idea that efforts should be made to get these children here as quickly as possible. We are concerned, however, about the funding arrangements for local authorities. I asked the Minister about that in the debate last night, and the hon. and learned Member for Holborn and St Pancras (Keir Starmer) has asked him, but we have not had a clear answer. Rather than simply describing the current arrangements, will the Minister give us more detail? Local authorities in Scotland are considering how to respond to the particular challenge of dealing with vulnerable unaccompanied children. They have already responded admirably to the Syrian resettlement scheme, and as a result have received 700 refugees since October—more are arriving each month—but there is particular concern about how the children are to be supported.

Along with the Local Government Association, the Convention of Scottish Local Authorities has been encouraging the UK Government to ensure that the resettlement of unaccompanied children is adequately resourced, in the same way as the Syrian resettlement scheme, but taking into account the particular demands of vulnerable unaccompanied children. Will the Minister give a commitment that the scheme will be properly funded, and will he give us some idea of what he is going to do about funding it rather than simply describing existing arrangements?

[James Brokenshire]

It is important to recognise that we are likely to be dealing with two distinct groups. First, there are those with extended family within the UK. As they already have family here, the pressures that might otherwise be felt—on fostering, for example—will be different from those that relate to children who are being resettled on the basis of their risk of exploitation or abuse. We need to discuss those details with local government, as well as with the different Governments with whom we are engaging. Funding is linked to that, which is why we need to hold those conversations. The Home Office already provides funding for unaccompanied asylum-seeking children, and I assure the hon. and learned Lady that we will be talking to the Scottish Government, and to local authorities in Scotland as well as in England, Wales and Northern Ireland, so that this is seen as a contribution that we are making as the United Kingdom.

Immigration Bill

Debate between Joanna Cherry and James Brokenshire

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

[James Brokenshire]

I am grateful to the right hon. Gentleman for making the point about the messages that we send out and the potential for exploitation by people traffickers. They have become adept at using social media and other techniques to ensnare refugees and children, who then make such journeys and put their lives in traffickers’ hands, with all the horrific consequences that we have seen. He is right to underline that core message.

The conversations have already begun. I was in Athens on Friday for discussions with the Greek Government to explain the nature of the arrangements that we are contemplating. We will now urgently consult others prior to bringing forward more detailed proposals. A meeting with the Local Government Association is scheduled for later this week. Until further discussions have taken place, it is premature to speculate on the likely numbers that will count towards the new obligation set out in the amendment. I hope that my comments show that we are seeking to make progress and to get to a point at which we can report back to the House.

[Joanna Cherry (Edinburgh South West) (SNP)]

The right hon. Member for Leicester East (Keith Vaz) mentioned funding. Is the Minister prepared to commit to adequately resourcing any new scheme for the resettlement of unaccompanied child refugees, many of whom will be particularly vulnerable? Local authorities in Scotland have already resettled 700 refugees and are pressed for funds at present.

[James Brokenshire]

Obviously, existing funding is provided for unaccompanied asylum seeking children; the Home Office funds local authorities in that way. We are carefully considering this in the context of the existing arrangements and will be discussing it with colleagues across government, as well as with local authorities. I would like to reassure the House that we intend to be flexible in our interpretation and approach when implementing this amendment, to ensure that it is practical and supports the most vulnerable children, as intended. We believe the amendment, as currently drafted, enables us to do that. The use of the term “refugee” can be interpreted to include certain asylum seekers and avoid the requirement of a child having to go through a full refugee determination process before being admitted to the UK. Our Syrian resettlement scheme already operates in a not dissimilar way, and we do not believe any clarifications are necessary.

Dublin System: Asylum

Debate between Joanna Cherry and James Brokenshire

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

The three-month period is the time the UK has to consider whether to opt into measures at the outset. As my hon. Friend will know, that is one of our protections in our relationship with the EU with regard to justice and home affairs matters. The Commission has published its papers this morning and I am sure that they will be scrutinised in detail by the European Scrutiny Committee. The Government will provide information and support that process in order to ensure that the measure is properly scrutinised by the House. There is no delay on the Government’s part: the three-month period is our safeguard in deciding whether to opt in, and it certainly does not defer scrutiny.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Dublin rules were not fit for purpose, even before the current crisis in Europe developed, and that crisis has pushed the system way beyond breaking point. Even a child would understand that front-line countries such as Greece and Italy cannot be expected to deal alone with all the asylum seekers who arrive there. The proposed system of financial penalties would be an improvement, but it is a distant second best to the proper sharing of responsibility throughout the European Union. If the United Kingdom is not prepared to sign up to the new EU asylum system, exactly what steps will the Government take in order for the UK to do its bit for those already in Europe, particularly the child refugees?

When I was in Calais with other Scottish National party MPs at Easter, we met many refugees with family in the UK, and we met men who had acted as interpreters for the UK armed forces, including men who had been at Camp Bastion at the same time as Prince Harry and when the Prime Minister visited. The Government keep assuring us that they are taking action to speed up the processing of take charge requests, once they receive them. Will the Minister now provide us with the figures on processing times that we have repeatedly asked for, so that we can have some evidence that those take charge requests are being dealt with more speedily?

More fundamentally, there is a real problem with the French side of things being handled slowly and the fact that many of the refugees in Calais and Dunkirk are afraid to claim asylum in France because of the very bad experiences they have had there already, including being tear-gassed by French authorities. Will the British Government consider providing a route to bypass the French system and allow direct claims to the UK based on family ties?

[James Brokenshire]

The relevant requests under the existing Dublin arrangements are being processed in a matter of weeks, as I have indicated to the hon. and learned Lady on previous occasions. Direct contact between officials on both sides means that they are able to make speedy decisions and ensure that those who have links to the UK can be reunited. The Government believe in that principle very strongly. We are also providing additional funding to and investment in other parts of Europe, and that work is absolutely intended to support that principle.

The hon. and learned Lady mentioned the French Government’s actions. They have engaged a specific non-governmental organisation, France Terre d’Asile, to identify people in the camps and ensure that they are protected speedily. We support that work and we will continue to support the French Government and play our part in ensuring that those who have a connection to the UK are established, identified and come to the UK quickly.

Immigration Bill

Debate between Joanna Cherry and James Brokenshire

Monday 25th April 2016 Commons Chamber

[James Brokenshire]

I am afraid that I disagree with the hon. Lady.

I will now move on to the support we are providing in Europe, which I think it is important the House recognises. Although our judgment is that the UK can make the biggest difference in the region, and that children in Europe should benefit from support from countries with legal obligations similar to our own, it is right that we should provide assistance in Europe where there are vulnerable children in need of support, and the Government are taking action. The UK is the largest bilateral contributor to the humanitarian response to the crisis in Europe and the Balkans, with a total contribution of £65 million. That includes nearly £46 million to provide life-saving aid to migrants and refugees, including food, water, hygiene kits, infant packs and protection for the most vulnerable, as well as support to organisations helping Governments to build their capacity to manage arrivals in Greece and the Balkans.

On top of our significant support to front-line member states, the Department for International Development has created a £10 million refugee children fund specifically to support the needs of vulnerable refugee and migrant children in Europe. The fund will be used to support the UNHCR, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children in Europe. That includes identifying vulnerable children, providing for their immediate support, referring to specialist care and helping to find solutions, such as family reunification. On that last point, I am clear that it is important to help children reunite with family wherever possible.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister has said that one reason why the British Government will not take children from the continent of Europe is that it might encourage people smuggling from the middle east to Europe and unsafe journeys. However, when I was in Calais at Easter, I was told by aid workers that, as a result of the British Government’s refusal to take children from northern France, children are being trafficked into the United Kingdom and are attempting unsafe journeys by jumping on to or under lorries bound for the United Kingdom. Indeed, I have learned that one girl I met in one of the camps, alone and unaccompanied, has since entered the UK by trafficking methods. Will the Minister not take on board the fact that, by failing to take children from Europe, he is actually encouraging trafficking and unsafe methods of travel from France to Britain?

[James Brokenshire]

I am very happy to address that point head-on, because I think that there are a number of important ways in which we can take, and are taking, action. That is why I made the point about reuniting children with their families. The hon. and learned Lady will know that we have seconded additional resources to the European Asylum Support Office for Italy and Greece to implement and streamline the processes under the Dublin regulations, including to identify quickly children who qualify for family reunion.

On the specific point about Calais and northern France, I take these issues extremely seriously. I am personally committed to improving and speeding up our family reunification processes so that young people there who have families with refugee claims here can be reunited. That is why we had the recent secondment of a senior asylum expert to the French Interior Ministry to improve the process for family reunion, which I think has had an impact on the number of children being reunited with family in the UK. In the past six weeks over 50 cases have been identified, 24 of which have been accepted for transfer to the UK from France under the Dublin family unity provisions, and more than half of them have already arrived in the UK. I think that we have demonstrated that once an asylum claim has been lodged, transfers can take place within a matter of weeks.

Those who want us to do more on this can help us to do so by encouraging and supporting children to use the processes that are in place to help them be reunited with their family. I know that one of the biggest barriers at the moment is persuading these children to claim asylum so that they can be considered for transfer to the UK under the family unity conventions in the Dublin regulations.

Oral Answers to Questions

Debate between Joanna Cherry and James Brokenshire

Monday 22nd February 2016 Commons Chamber

[James Brokenshire]

No, I do not accept that, and these issues of the welfare of the child are absolutely part of our consideration. This matter was considered by the Court of Appeal and our approach was firmly upheld. When the threshold was set in November 2011, the MAC gave the lower threshold of £18,600 but also advised that the threshold could have been set as high as £25,700. The Government reflected and set the current level, which has been upheld by the courts.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister mentions the Court of Appeal, but of course the matter is not entirely settled because this week the Supreme Court will hear the cases of two British nationals who cannot meet the tough financial rules that would allow their non-European Union spouses to come to live with them. The hon. Member for Hampstead and Kilburn (Tulip Siddiq) mentioned Skype. According to the Children’s Commissioner for England, 15,000 British children are growing up in Skype families, where the only contact they have with one parent is via Skype. How can the Minister justify the stress and anxiety caused to these children by the inflexible and unjust rules?

[James Brokenshire]

I do not accept the characterisation that the hon. and learned Lady presents—indeed, I do not recognise the number she proffers. This is about ensuring good integration, which is part of the overall requirement in relation to language. This is about not only not imposing a burden on the taxpayer but about promoting integration, and we believe the policy is effective in doing that.

[Joanna Cherry]

Last year, the Conservative think-tank, Bright Blue, called on the Government to change these rules, noting

“the significant contribution millions of low paid Britons make to our economy and society, as well as the value of having families living together in the same country.”

If the Minister will not listen to the Opposition, will he at least listen to a think-tank from his own party and get rid of these rules, which discriminate against hard-working families?

[James Brokenshire]

I say again that we do not believe the rules are discriminatory in the way the hon. and learned Lady suggests. The system is in place to ensure good integration. It ensures that people are not a burden on the taxpayer, and I would have thought she recognised that as being a positive aspect of the policy. If people come here, contribute and settle, we welcome that, but the rules have been set in the way they have, this has been upheld by the courts and we will continue to underline those key themes.

Clandestine Migrants (Harwich)

Debate between Joanna Cherry and James Brokenshire

Monday 8th June 2015 Commons Chamber

[James Brokenshire]

We have those controls juxtaposed at ports where we see the majority of the problem. Clearly we keep under review the way in which we apply our resourcing to particular ports. I do not comment on specific percentages or ways in which resources are deployed. The right thing to do is to look at the intelligence and the threat and to ensure that we are doing our utmost. That is precisely what we are doing.

[Joanna Cherry (Edinburgh South West) (SNP)]

Reports suggest that the migrants had been stowed for a long time, with many tired and dehydrated. The Minister said that they included two pregnant women and 15 children, and that some were taken to hospital as a precautionary measure but none was found to have a substantial “medical condition of concern.” What assurances can he give that those migrants who remain in the UK have continuing access to appropriate healthcare? What updates can he provide, particularly on the condition of the pregnant women and children reported to have been among their number?

[James Brokenshire]

I thank the hon. and learned Lady for her question and welcome her to her place today. I have given the House an update on the medical condition of the children and the others rescued at Harwich. Obviously, continuing medical support will be made available should it be required, but, again, I am pleased to say that no further intervention was needed.