Benefit Entitlement (Restriction) Bill

Justin Tomlinson Excerpts

Friday 5th February 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

May I, too, echo the tributes to Harry Harpham, the hon. Member for Sheffield, Brightside and Hillsborough? He was a long-standing servant of his community, including as a councillor for 15 years. I know that he will be greatly missed by all.

It is a privilege to serve in the House today as the duty Work and Pensions Minister, and to respond to my hon. Friends the Members for Christchurch (Mr Chope) and for Shipley (Philip Davies). Their forensic, constructive and diligent work has certainly kept the focus of attention on this area. The British public have sent a clear message that they are concerned that migrants are incentivised to come to the UK because of the attractiveness of our welfare system. That was clearly set out in the speeches of both my hon. Friends.

The Government share those concerns. That is why, during the past two years, we have introduced several far-reaching measures to restrict or remove access to a range of benefits for migrants who come to the UK without a job and who have not contributed to our economy. For example, EEA jobseekers can no longer access housing benefit at all. Their access to income-based jobseeker’s allowance is limited to the minimum we argue is allowable under EU law—just 91 days, in most circumstances—and even then only after they have waited for three months. We have also made similar changes to child benefit and child tax credit. On the specific point about declaring a national insurance number, it is the case that the number must be declared when making a benefit claim. It cannot yet be collected through the payment system, but that will be corrected with the introduction of universal credit. As universal credit rolls out, we will remove even such elements, meaning that EEA jobseekers have no entitlement to means-tested benefits whatever.

The Bill goes even further by proposing restrictions that would apply to EEA migrants who are working and contributing in the UK. The current framework of EU law would not allow us to deliver that, since clear European rules compel us to treat EEA nationals working in the UK no less favourably than UK nationals. However, the Prime Minister is renegotiating in Europe so that we get a better deal for Britain. That includes cutting the benefits EU migrants get to prevent our welfare system from acting as a magnet and to create a fairer system for people who work here and play by the rules. That is just part of our ongoing work to make changes.

[Debbie Abrahams]

Will the Minister give way?

--- Later in debate ---

[Justin Tomlinson]

No, because I am short of time and we want to make progress.

Other key measures have already been taken by the Government, such as capping economic immigration from outside the EU; clamping down on non-compliant immigrant students while remaining open to the brightest and the best; restricting the right of non-EEA nationals to work in this country and bring in dependants; introducing a maximum fine of £20,000 per employee—more than four times the previous penalty—for employers who pay below the minimum wage ;and making sure that only those who secure graduate-level jobs stay on at the end of their studies. The Immigration Act 2014 will clamp down on those from overseas who abuse our public services, and make it easier to remove people with no right to be in this country.

Although the Government clearly share the sentiment behind the measures in the Bill, we are unable to support it because it goes beyond what the EU legal framework currently allows and cuts across the Prime Minister’s renegotiation. As my hon. Friend the Member for North Cornwall (Scott Mann) said, this Government and this Government alone trust the British public and have offered an EU referendum. The parties now in opposition opposed such a referendum throughout the last Parliament, but we trust the British public. I have set out how we are making considerable progress in this area, and I hope that my hon. Friend the Member for Christchurch will not feel the need to press the Bill further.