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

Debate between Kate Green and Robert Goodwill

Committee stage & Committee Debate: 5th sitting: House of Commons
Tuesday 16th June 2020 Public Bill Committees

[Kate Green (Stretford and Urmston) (Lab)]

Good morning, Sir Edward. It is a pleasure once again to serve under your chairmanship. Social security arrangements set out in EU regulation 883 of 2004 and elsewhere are currently directly applicable in the UK. They cover the co-ordination of social security, healthcare and pension provision for people who are publicly insured who move from one EU state to another.

The regulations ensure that individuals who move to another EEA are covered by the social security legislation of only one country at a time and are, therefore, liable only to make contributions in one country; that a person has the rights and obligations of the member state where they are covered; that periods of insurance, employment or residence in other member states can be taken into account when determining a person’s eligibility for benefits; and that a person can receive benefits that they are entitled to from one member state, even if they are resident in another.

The co-ordination regulations cover only those social security benefits that provide cover against certain categories of social risk, such as sickness, maternity, paternity, unemployment and old age. Some non-contributory benefits fall within the regulations but cannot be exported, and benefits that are social and medical assistance are not covered at all. Universal credit, for example, is excluded.

As we heard from Jeremy Morgan of British in Europe in his oral evidence to the Committee last week, most UK nationals resident in the EU are of working age. It is important to note that the number of people claiming the working-age benefits that are covered by the regulations—jobseeker’s allowance or employment and support allowance—has declined sharply since the introduction of universal credit. We might therefore expect social security co-ordination arrangements to apply to a declining number of working-age adults. The regulations will, however, still be of importance for a sizeable number of individuals, and not least for pensioners.

The co-ordination regulations also confer a right on those with a European health insurance card to access medically necessary state-provided healthcare during a temporary state in another EEA state. The home member state is normally required to reimburse the host country for the cost of the treatment. Under the European Union (Withdrawal Agreement) Act 2020, protection of healthcare entitlements is linked to entitlement to cash benefits.

Clause 5(1) provides an appropriate authority with the power to modify the co-ordination regulations by secondary legislation. The power is very broad, placing no limits on the modifications that appropriate authorities are able to make to the co-ordination regulations. By virtue of subsection (3), the power explicitly

“includes power—

(a) to make different provision for different categories of person to whom they apply…

(b) otherwise to make different provision for different purposes;

(c) to make supplementary…consequential, transitional, transitory or saving provision;

(d) to provide for a person to exercise a discretion in dealing with any matter.”

The power is further enhanced by subsection (4), which provides for the ability to amend or repeal

“primary legislation passed before, or in the same Session as, this Act”

and other retained direct EU legislation.

Since the UK left the EU at the end of January this year, the relevant EU regulations pertaining to social security, pensions and healthcare have been retained in UK law by section 3 of the European Union (Withdrawal) Act 2018. I accept that the Government need to be able to amend co-ordination regulations to remedy deficiencies in them resulting from the UK’s exit from the EU, but the 2018 Act already contains a power in section 8 to modify direct retained EU law. Indeed, the Government have already exercised this power for four of the co-ordination regulations. Any changes that do not fall within the scope of the power in section 8 of the 2018 Act must necessarily, therefore, not relate to any ability for the law to operate efficiently or to remedy defects, but be intended to achieve wider policy objectives. I think the Minister acknowledged as much in his opening comments.

I was, however, surprised that the Minister said that only the European Union (Withdrawal) Act 2018 provided such powers. My reading of the legislation is that the Secretary of State has further powers as regards social security, healthcare and pension rights for those who are protected by the withdrawal agreement under the European Union (Withdrawal Agreement) Act 2020. Section 5 of that Act inserts new section 7A into the 2018 Act so as to secure withdrawal agreement rights in domestic law, and that protection is buttressed by section 13 of the 2020 Act, which confers a power to make regulations in respect of social security co-ordination rights protected by the withdrawal agreement. Given the powers that already exist under the European Union (Withdrawal) Act and the European Union (Withdrawal Agreement) Act, as well as the fact that those powers have already been used by the Government, why does the Minister feel they are inadequate?

Paragraph 30 of the delegated powers memorandum is instructive. It states that the Government want to use the power in clause 5 to

“respond flexibly to the outcome of negotiations on the future framework and make changes to the retained social security co-ordination rules.”

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does the hon. Lady agree that, given the proliferation of judicial reviews and the test cases that often come forward, it is better to adopt a belt-and-braces approach so that we underline the Government’s intention in both the Bill and the withdrawal Act?

[Kate Green]

The issue is the mission creep and scope creep involved in using secondary legislation to amend primary legislation and retained EU rights, particularly a mission creep that now encompasses the ability to make significant policy changes.

As we heard in oral evidence from our witnesses last week, it is important to recognise the considerable importance of policy and legislation in relation to social security co-ordination. It is vital to labour mobility, and to protect the rights of EEA nationals who come to live in the UK and UK nationals who go to live in EEA member states. Policy in this area has the potential to impact the lives of millions, affecting their right to receive benefits to which they are entitled through national insurance contributions over periods of residency, and which they have a legitimate expectation that they will receive. Changes to policy in these important areas should, I submit, be given effect in primary legislation.

In response to the evidence that the Committee took from British in Europe last week, the Minister said that the Secretary of State could not make regulations that would breach an international treaty, and he offered some reassurances this morning to those who fall within the scope of the withdrawal agreement. However, as British in Europe pointed out last week, the powers in clause 5 mean that Parliament will not be able to properly scrutinise regulations that might breach our international treaty obligations—if not deliberately, then inadvertently.

The Minister also referred to the need to be able to reflect the ongoing negotiations with the European Union, and we heard from Adrian Berry of the Immigration Law Practitioners Association last week about the UK’s draft social security treaty, which is an annex to the Government’s proposed future trade agreement. Mr Berry highlighted the Government’s intention to continue the protection of the European health insurance card scheme for short-term travel and the uprating of old-age pensions, but noted that disability pensions and healthcare attached to pension rights are missing from the draft treaty. He also highlighted the limitations of the new EHIC, which would require those with long-term health needs to get prior authorisation from the UK Government, and that there would be no S2 cover, which enables people to obtain healthcare in the EU that they cannot get on the NHS in the UK. Will the Minister put on the record whether such changes could be introduced using clause 5, and can he confirm which classes of person they can be applied to?

The Government have argued that the use of the powers in clause 5 will be subject to parliamentary scrutiny, through the use of the affirmative procedure. Will the Social Security Advisory Committee have a role in scrutinising regulations introduced under this measure? Does he not in fact accept that changes in this important area require full debate and scrutiny in Parliament, and that the principles of any future policy should be set out in primary legislation?

Finally, clause 5(5) states that EU-derived rights cease to apply if they are “inconsistent” with any regulation made under the section, but the Government are under no obligation to specify where and when such inconsistencies arise. This creates considerable uncertainty for individuals who are affected, for their advisers, and indeed for politicians and the wider public. As we discussed last week on clause 4, such an approach is inimical to good lawmaking. The Government should spell out which parts of retained EU law might be affected by these provisions, and I hope that the Minister will do so in his response.

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[Mr Goodwill]

I very much sympathise with what the hon. Member for Halifax has just said. There is real concern that EEA nationals who have been working here, contributing not least to our health service, may find themselves missing the deadline. However, I do not agree that the way to address that is through new clause 10, as I made clear to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. Some like myself would always wait until the deadline before submitting an essay or article. By extending the period by six months, we might well just encourage people to put off the chore—as they see it—of applying.

I ask the Minister to reassure us that, as we approach the deadline, the Government will engage in a communications exercise and advertising campaign, particularly in some of the main EU languages, so that people are aware of the deadline and can submit their applications in good time for them to be processed.

[Kate Green]

That is an important point, in particular in relation to those communities, such as the Roma community, that have been hard to reach with information about the scheme. The Government have made some funding available for community organisations to reach such communities, but it would be extremely welcome to follow the suggestion that a particular push be made to communicate with those more remote communities as the deadline approaches

[Mr Goodwill]

The hon. Lady is absolutely right. Indeed, while many EU migrants have made a real effort to integrate and to speak English in their homes, encouraging their children to speak English, others have not assimilated as well and are still speaking their native language, as is their right. It is important that we communicate in those languages.

Perhaps we should also look at how we communicate through schools, because the children of some families who have come from the EU speak very good English, although their parents struggle with it. The children’s secondary schools may be another good way to get through to such families. I hope that the Minister will pick up that point and reassure us that the Government will be making the effort to communicate with the general population, to ensure that we can help our work mates and so on.

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

Debate between Kate Green and Robert Goodwill

Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Kate Green]

Thank you.

[Mr Goodwill]

Q My question is for Richard Burge in particular and concerns international companies in London that might well have existing employees based in Japan, Singapore or the United States who wish to come to London to work as part of their company’s operation. There are also companies that might be based in the European Union whose employees have habitually come to work in London but, under the new regime, will be in the same category as those first workers. My question to Mr Burge is, under the new regime, how will that system function? Will it be an equivalent situation, something that companies can work with easily, or will there be problems for international workers coming to the UK within a company that might even be based in London, but certainly an international one?

Richard Burge: The answer is that I don’t really know. A lot of companies that are already established in places such as Japan will find it easier; for the ones that have operations elsewhere in Europe, this will be a new world. This also comes down to the Home Office being flexible and agile in terms of making sure that we assume positive intent on the part of companies—that they are not getting people into Britain secretly to do full-time work, but that they are in fact part of the transferable market within their company.

We need to address that. It will be complicated, but there are precedents in companies outside the EU, so I think we will use that as an example. It will be more difficult for smaller companies. Increasingly, we find that international companies in London are actually quite small; they are not huge operations. You can find yourself to be an international company in London by dint of the first order put on your website, whereas in the old days you would have spent 20 years developing a domestic market and then you would move internationally. Smaller companies might find themselves potentially hostage to this without realising it. So yes, complex.

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

Debate between Kate Green and Robert Goodwill

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Kate Green]

Q Professor Ryan, in relation to British-born children of Irish nationals, are there any particular concerns that we ought to be aware of in relation to this legislation?

Professor Bernard Ryan: Thank you very much for bringing that up. One of the issues at present is that not only is there a lack of clarity about immigration status, but also it feeds into the lack of clarity as regards acquisition of nationality in two scenarios. One is British-born children—children born to Irish parents, and also Irish citizens wishing to naturalise. Because it is very often not clear on what basis Irish citizens are here, to the extent that it is not clear the question arises, “Are they without time limits and have they ever been in breach of immigration laws?” It is necessary also, from the perspective of the smooth working of British citizenship law, to absolutely tie down and clarify that Irish citizens are here, and on what basis. And yes, it will remove any possible question as regards children of Irish parents being British citizens and as regards access to naturalisation by Irish citizens who want it.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Q The Dublin regulations deal with a situation where, for example, an economic migrant or an asylum seeker who present themselves in the UK can be repatriated to the country where they first claimed asylum, and indeed deal with family reunion. Professor Ryan, will this Bill have any implications for the operation of the Dublin arrangements? Could the Bill be improved to enshrine some of its obligations on that statute book, or is that completely unnecessary?

Professor Bernard Ryan: I think you are bringing us into the question of the common travel area as such and its operation. That would be my interpretation of your question. One of the things I would expect to see in the future would be, if the United Kingdom does not stay within the Dublin system with the EU, that there will be an arrangement with the Irish Republic as regards asylum seekers, because of the open border. It would be logical to do that. I personally would prefer it if the common travel area, conceived as immigration control and co-operation between the two states, were on a more transparent, and maybe more statutory, footing—but that is a much bigger question. That is to some extent a different one from the status of Irish citizens, which is what the clause deals with. So, yes, in the end I would like to see the common travel area framed more transparently than it is at present.

Oral Answers to Questions

Debate between Kate Green and Robert Goodwill

Thursday 28th March 2019 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

4. What recent discussions he has had with Cabinet colleagues on the seasonal agricultural workers scheme. [R]

[The Minister for Agriculture, Fisheries and Food (Mr Robert Goodwill)]

We regularly have detailed discussions on the seasonal workers pilot with colleagues across Government. I will continue to work closely with Home Office colleagues in particular to ensure the successful operation of the pilot.

[Kate Green]

Farmers say that the pilots began too late for this spring season, and the Home Office does not appear to understand the needs of the sector. On 14 February, James Porter of the National Farmers Union Scotland told the Immigration and Social Security Co-ordination (EU Withdrawal) Public Bill Committee that the pilot was too small scale and needed to increase immediately to 10,000 places. Will the Minister have discussions with his Home Office colleagues so that the labour needs of the sector can be met as a matter of urgency?

[Mr Goodwill]

The first workers under the scheme will be arriving in April. Indeed, I met one of my officials who had just come back from Ukraine to ensure that the scheme works well. There will be 2,500 workers coming in each year, and I will also meet with the president of the NFU this afternoon to discuss what views she may have on that.

Oral Answers to Questions

Debate between Kate Green and Robert Goodwill

Monday 6th March 2017 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

Some EU nationals—for example, Roma or those from central Europe—find it particularly difficult to produce documentation, as they may have been in insecure employment, have ended up sleeping rough and so on. Following on from the Minister’s answer to the hon. Member for Bury North (Mr Nuttall), what can be done to ensure that those who have lived, worked and contributed here but who struggle to produce documentation will also receive a fair hearing?

[Mr Goodwill]

I stress again that there is no need for EU nationals who are living here and exercising their treaty rights to make any change in their status; there is no need for any further documentation. As we quickly get into the negotiations after triggering article 50, I hope that this will be resolved very quickly.

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[Mr Goodwill]

I would be more than happy to have such a meeting.

[Kate Green (Stretford and Urmston) (Lab)]

Trafford Council has already received 10 unaccompanied asylum-seeking children and is supporting two more. The council and the community are keen to support more such children in need, but they are finding it difficult to establish with the North West Regional Strategic Migration Partnership the exact numbers they can expect over coming months. Given the uncertainty local authorities face in planning to receive such vulnerable children, what assurances can the Home Secretary give?

EU Asylum Reform Package

Debate between Kate Green and Robert Goodwill

Monday 19th December 2016 General Committees

[Mr Goodwill]

Obviously, we continue to observe a watching brief. Should the Government, at any time, decide to opt in, that will be possible, although time is limited, given the Brexit negotiations. I continue to work closely with other member states, particularly those that are under pressure, such as France, Italy and Greece. The application of these four measures will not impact on the priorities of this Government or, indeed, this House. The timetable for final agreement may well be protracted, and we may well have left the European Union before the measures take effect.

[Kate Green]

Further to that response, are there any aspects of the proposals that the Minister would wish to adopt into UK domestic law, or legislate for in UK domestic law after Brexit?

--- Later in debate ---

[Mr Goodwill]

I thank hon. Members for their contributions to this debate. Irrespective of the opt-in decision under discussion, we remain committed to addressing the migration crisis and working with the EU and member states to tackle this high-priority issue.

The hon. Member for Hackney North and Stoke Newington, the shadow Home Secretary, talked about “waves” of migration. When discussing these issues, one needs to bear in mind what pull factors can lead those “waves”. Indeed, many of the people who find themselves in unseaworthy boats, either in the Aegean sea or in the Mediterranean, are responding to pull factors that can result in the people traffickers being able to carry out their particularly horrible business.

The hon. Lady is absolutely right when she refers to the most vulnerable people. Having visited refugee camps in Jordan, I would say that the most vulnerable people are those in the camps—indeed, the people in the berm on the Syrian border—and not necessarily those people in Greece, Italy and France, which are safe countries.

As a former Member of the European Parliament, I believe that the United Kingdom post-Brexit will still be in the European family; it is just that we will no longer be sleeping in the spare bedroom. Indeed, the UK will be able to take a lead in Europe and will not necessarily be limited by the speed of the slowest, which is all too often the problem in getting agreement at European level.

[Kate Green]

I am grateful to the Minister for giving way. I am very curious about how he thinks we will be able to lead the way when we are out there on our own. Also, does he agree that the way to have influence with third countries, which would be an important part of the solution to this appalling global crisis, would be to act in concert with our European neighbours?

[Mr Goodwill]

I would be more inclined to take lessons from our EU friends and colleagues if they all stepped up to the mark, as we have done by spending 0.7% of our income on overseas aid. We are the second biggest donor to the region around Syria—£2.3 billion of aid is going in. That shows that we put our money where our mouth is and do not just talk about making that commitment.

[Kate Green]

Does the Minister agree that our European neighbours might be more impressed if we took refugees and asylum seekers on the same scale as Germany, which has taken several hundred thousand, or Greece and Italy, which are forced to deal with being the point of arrival for many people, and are unable to cope with that?

[Mr Goodwill]

We are taking refugees from the region under the two schemes that we have put in place, as well as the long-standing scheme. That does not contribute to the pull factor that results in people traffickers carrying out their business, and indeed, sadly, in fatalities and people meeting a watery grave in the Mediterranean and Aegean seas.

Persecution of Religious Minorities: Middle East

Debate between Kate Green and Robert Goodwill

Tuesday 19th July 2016 Westminster Hall

[Mr Goodwill]

We certainly keep all those matters under review. I note the comments that have been made about a line in the sand, and I dare say that things may not be written in stone; we need to keep all matters under review as the political and military situation develops in the region.

Our resettlement schemes provide refugees with a direct and safe route to the UK, enabling them to avoid risking hazardous journeys into and across Europe. UNHCR works in the region and has expertise in working with refugees and vulnerable minority groups and in identifying individuals for whom resettlement is the best and most durable solution. It also ensures that our resettlement efforts are co-ordinated with schemes offered by other countries, so that the biggest impact is achieved for the most people.

It is important, however, that those in need of protection first register with UNHCR or claim asylum with the national authorities in the first safe country that they reach. Encouraging individuals to seek asylum at an embassy or high commission is not the correct approach; nor is it a practical one. First, under the refugee convention, someone must first be outside their country of nationality before they can be considered for refugee status. That is a matter of international law. Secondly, the Government’s approach is to alleviate the need to flee countries in the middle east by working to find political solutions while, in parallel, providing aid to the affected regions. A concerted effort from states to address the large movement of refugees and migrants will be discussed during the UN and Obama conferences in September.

The cases of those who claim asylum in the UK are carefully considered on their individual merits by caseworkers who, as I mentioned, receive extensive training and are expected to follow published Home Office policy guidance. I am encouraged to hear it acknowledged that we already have appropriate guidance for caseworkers. That guidance makes it clear that appropriate and sensitive questions must be asked, based on an understanding of religious concepts and forms of persecution. In particular, where a claim is based on religious conversion, the interview must explore an individual’s personal experiences and journey to their new faith. I agree entirely that that needs to be reflected in practice and I can assure hon. Members that I and my officials take the findings in the all-party group’s report extremely seriously. I will continue to improve training provided to caseworkers to ensure that policy guidance is followed in practice. Indeed, I undertake to create an early opportunity to see the processes being carried out, and to learn more about the challenges that we face in that regard.

[Kate Green]

To pursue a little further the matter of people who have converted, for many people it is not an event but a process; yet even embarking on that process can put them at risk of persecution. How can assessments be carried out to take account of that?

[Mr Goodwill]

I am very clear about the fact that we understand that conversion is often a journey or process—not a damascene moment, when someone sees the light. The interview questions and conversations seek to find out about that. It is not, as I said, just simple questions such as, “Name the 12 apostles,” or “List the ten commandments.” That is not the process we undertake.

The process provides a summary of the human rights situation in the country and clear guidance on the types of claim likely to lead to a grant of asylum, to support effective decision making and to ensure that we provide protection to those who are in genuine need. For example, we have recently revised our country information on Christians in Pakistan, following consultation with partners. I am grateful to the all-party group for its considered report on such an important topic and I have asked my officials to investigate the cases raised in it and to continue engaging constructively with members of the group.

We welcome the positive relationship that the Home Office has with the Asylum Advocacy Group and other interested parties. However, I do not think that there is a refusal culture or that the problems are endemic. UK Visas and Immigration works hard to ensure that all claims are considered fairly and sensitively, in line with Home Office policy. In the year ending March 2016, UKVI decided more than 26,000 asylum claims and more than 10,000—40%—were granted asylum or an alternative form of protection. In his latest report on asylum casework, the chief inspector of borders and immigration noted asylum caseworkers’ professionalism, dedication and commitment to fairness.

It is of course vital that we get decisions right and grant protection to those in genuine need, but we must also tackle abuse of the asylum process. Those who lodge false claims based on religious belief or conversion to delay removal when they have no right to remain here are undermining not only our immigration rules but also the places of worship that they approach to obtain support for such claims.

I hope that I have gone some way to provide reassurance that we already have a robust framework for the proper consideration of asylum claims and for granting protection where it is needed. We are not complacent, and are committed to continuous improvement in guidance, training and quality assurance processes to make sure that we get vital decisions right. We will provide a formal reply to the all-party parliamentary group’s report shortly, but I can say that I accept most of what is asked of us in the recommendations and have asked my officials to take that forward in close consultation with interested partners.

Oral Answers to Questions

Debate between Kate Green and Robert Goodwill

Thursday 4th December 2014 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

Last month, a child was hit by a car outside Flixton junior school in my constituency. Parents are worried about our children’s safety—more so—because Trafford council plans to withdraw 31 school road crossing patrols in the borough, including 23 in my constituency. Will the Minister join me in condemning the local authority’s short-sighted decision and urge it to put our children’s safety first?

[Mr Goodwill]

Obviously, the safety of our children outside school is paramount, which is why, for example, we have made it easier for local authorities to introduce 20 mph limits. I am pleased that we have retained the use of cameras for enforcement of parking restrictions on those zigzag lines. Spending on the type of patrol the hon. Lady mentions is a matter for local authorities. I am sure they will consider their priorities in that regard.