Great British Railways

Debate between Kevin Foster and Diana Johnson

Monday 24th October 2022 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister says he is getting on with the job, so can he please get on with the job for passengers facing daily misery in Hull? TransPennine Express cancels dozens of services every day, causing real problems for commuters. It is also responsible for the toilets at Hull station, but cannot even manage to keep those clean and maintained. Can he ensure that TransPennine honours its contractual obligations and, if it cannot, that he terminates its contract?

[Kevin Foster]

Certainly we will be keen to ensure TransPennine is not just offering a bog-standard service to the right hon. Lady’s constituents. If the company is not honouring its contract, we will certainly be happy to pick that up with it and ensure that it does.

HM Passport Office Backlogs

Debate between Kevin Foster and Diana Johnson

Wednesday 27th April 2022 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

We know that the Home Office is under enormous pressure given the Ukraine visas, the Afghanistan scheme and the asylum claims backlog. It was pleasing to hear the Minister say that plans were put in place well in advance because everyone expected a surge in passport applications once people were able to travel. I have heard what the Minister has had to say. On reflection, why does he think he has been brought to the House today to answer an urgent question? MPs’ inboxes are full of casework in respect of passport delays. What has gone wrong with the plans that the Minister put in place to deal with the surge?

[Kevin Foster]

As we have touched on, we are seeing an unprecedented level of demand: we would normally process 7 million applications in an entire year and did 1 million last month alone. That is a record number. In January, we were seeing around 60,000 a week; by the middle of March we were dealing with more than 200,000 a week—that is output, not just applications. The service has rapidly expanded to meet the demand that has returned.

To be clear, we changed the service standard last year because we expected a surge and there would inevitably be a limit on how many passports could physically be produced in a week. That is why we advised people of the 10-week standard. As I said, though, in recent months 90% of people have still been getting their passport within six weeks and we retain the ability to expedite if people have particularly compelling reasons for travel.

Ukraine Refugee Visas

Debate between Kevin Foster and Diana Johnson

Thursday 31st March 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I really do not understand why the Minister says that it is too early to know how many have arrived on the Homes for Ukraine scheme, because he has also just said that it is very important that the Home Office knows where people spend their first night in the UK. Perhaps he will be able to enlighten us on when he will be able to tell us the numbers.

As an example of the ongoing problems with bureaucracy, may I just tell the Minister about the case of Anna Kalyata? She has just given birth in temporary accommodation in Poland, having fled Ukraine. She does not speak English and, even though she has been matched under the sponsorship scheme, she has been told that she needs to have a birth certificate for the baby to allow the baby to get a visa. She is in a foreign country, traumatised by war and is now thinking of going back to Ukraine to register the birth. Surely the Home Office can have a more compassionate response to women, children and babies.

[Kevin Foster]

I thank the Chair of the Select Committee for her question. It would not be appropriate for me to go into an individual case on the Floor of the House. Certainly, we are able to process children. We are conscious that some children, including some who have arrived from Ukraine, will not have any documentation. I am happy to look at the particular example that she has cited, but she should appreciate that there are particular issues, as touched on in the previous urgent question, about children being removed particularly from Poland and the border countries, which is why we have to go through certain checks.

Ukraine: Urgent Refugee Applications

Debate between Kevin Foster and Diana Johnson

Tuesday 8th March 2022 Commons Chamber

[Mr Speaker]

I call the Chairman of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am grateful for the granting of the urgent question, but I think that a statement from the Home Office would have been a much better way of dealing with the confusion of recent days.

I believe we are united in the House in wanting to do the right thing for the Ukrainian people who are fleeing in fear of their lives, and to offer protection and sanctuary. The Home Affairs Committee has twice invited the Minister to come and explain how the Home Office is dealing with this. He has agreed to come next week and we are grateful for that, but we should not have to ask twice.

I want to ask the Minister why, on Sunday, the Home Secretary went on record to tell journalists:

“I am…investigating the legal options to create a humanitarian route.

This means anyone without ties to the UK fleeing the conflict in Ukraine will have a right to come to this nation.”

On Monday, Ministers seemed to have no idea about that. Can the Minister update us? Is this matter under consideration in the Home Office, given that there is clearly a great deal of support for the granting of a humanitarian visa?

[Kevin Foster]

As the right hon. Lady will know from my original letter to her, we felt that pulling officials away to do a session before the Home Affairs Committee tomorrow would have meant pulling them—and me—away from the preparations for bringing people to the UK. However, we also specifically said that we would seek to agree on a later date, and that could, perhaps, have been reflected in the statement issued on Friday.

Let me deal with the right hon. Lady’s more substantive points. We have the existing process for those who have relatives here, and we are extending it well beyond the normal relatives and dependants. Moreover, the wider sponsorship route will provide many other opportunities for people to come to the UK.

Windrush Compensation Scheme

Debate between Kevin Foster and Diana Johnson

Thursday 3rd March 2022 Westminster Hall

[Kevin Foster]

I am always happy to further consider evidence. Certainly we have seen higher awards being made, partly because of the quite significant changes we made to the scheme last year but also, unsurprisingly, due to the increase in the number of applications to the scheme, which I will touch on in a minute. The change appears to be having an effect, but, as more cases come to a final decision, particularly as reviews in other areas are done, we are open to making sure that it has made a difference. I am genuinely grateful to the hon. Gentleman for the constructive spirit in which he approached the debate on the Windrush Compensation Scheme (Expenditure) Bill, as did the then shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington, which helped produce a better outcome all round.

I am keen for Members to see for themselves the work being done in this area. Now that covid restrictions are behind us, I am happy to welcome any parliamentary colleagues who wish to visit the compensation scheme casework team to see for themselves the progress we have made. They can talk to the team working to resolve cases to get people the compensation they deserve. The team is based up in Leeds, separate from some of the other work. For many this is their only role in the Home Office; they are not working on wider immigration matters, although some have experience in those, given the nature of the issues that they deal with. I am certainly happy to welcome people to visit and meet the teams, talk to them and see the work being done. We had hoped to arrange visits at an earlier stage, but with the understandable restrictions during the covid period, it was something we had to consider very carefully. Now that the restrictions are behind us, a visit by the Select Committee would be welcome as well. We would be happy to arrange that.

Although we do not agree with every recommendation, overall we welcome the Home Affairs Committee’s report on the scheme, and we are already making significant progress in respect of several of the Committee’s key recommendations. However, some of the recommendations are complex and we need to consider those carefully to address the issues raised. I anticipate that Members might say, “Let’s have an example, then, of a recommendation you think is complex.” We are committed to ensuring that an individual’s national insurance position is corrected where an inability to demonstrate status has impacted their entitlement to the state pension. For example, someone may have been unable to have employment and therefore unable to make national insurance contributions, meaning that there are missing years when it comes to the calculation of state pension.

We continue to work with the relevant Departments to resolve this complex issue. We are making progress, although unfortunately I cannot give a specific date today as to when we will be able to bring that change into effect.

[Dame Diana Johnson]

Will the Minister give way on that point?

[Kevin Foster]

Briefly.

[Dame Diana Johnson]

I am just a bit concerned because it is now several years since the issue arose. Getting clarity on what their entitlement to state pension will be is something that will concern an individual. The Minister says he cannot indicate when the issue is likely to be resolved. Does he have a best guess? Will it be a year, two years, five years?

[Kevin Foster]

We hope it will be quicker than the right hon. Lady has just suggested, and potentially a lot quicker than one of the timeframes that she suggested. I am not in a position today to give a specific date, but we are making excellent progress towards finally resolving this issue. We accept that we need to bring certainty to people, particularly given the age of many of those we are talking about, as touched on by the right hon. Member for Hackney North and Stoke Newington. Even the children of that generation are well into their 50s and 60s, given that, in many cases, we are talking about people who arrived in the UK before 1 January 1973. We are conscious of the urgency of resolving this issue. I do not want to make a misleading statement today and give a specific date by which it will be resolved, but certainly we believe we are making excellent progress and getting close to resolving it.

The changes we made to the scheme in December 2020 have significantly increased both the amount of compensation awarded and the speed at which awards are made. Since December 2020 we have paid out over £33 million, in contrast to a total of just under £3 million prior to those changes. We now frequently pay out over £1 million a month in compensation, and we recently paid out one of our largest awards to date—a single award in excess of £260,000 to one individual. I hope that Members will understand why I will not give further details of that case, which may identify the person concerned, given the sums involved.

Oral Answers to Questions

Debate between Kevin Foster and Diana Johnson

Monday 28th February 2022 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In the evidence the Home Secretary gave to the Home Affairs Committee on 2 February, she said that a major obstacle for accepting more people under Operation Warm Welcome for Afghans fleeing the Taliban was the lack of suitable accommodation because of Home Office contracts. The Select Committee has been warning about this for some time. I think that the Home Secretary has announced a bespoke humanitarian policy for those Ukrainians fleeing—[Hon. Members: “No, she hasn’t.”] Oh, perhaps she has not; I am sorry there is not a statement to clarify that. What I want to know is: what is she going to do about the lack of accommodation that the Home Office provides for asylum seekers and refugees in this country?

[Kevin Foster]

We are certainly concerned about the lack of suitable accommodation across the United Kingdom in terms of dispersal areas, which is why we are keen to sign up new areas to become dispersal areas. I am pushing my own council and, as I have already said, there are 31 out of 32 areas in Scotland that could do with signing up as well.

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

Debate between Kevin Foster and Diana Johnson

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 18th June 2020 Public Bill Committees

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

It is a pleasure to serve under your chairmanship, Mr Stringer. I will speak to the two new clauses that have been moved. I appreciate the intentions behind them, and the concerns and genuine points that have been raised. That is why, from the outset, there have been arrangements in place to ensure that the EU settlement scheme is accessible to all, including looked-after children and care leavers. Prior to the full launch of the scheme in March 2019, agreements were reached and plans put in place with local authorities to ensure that relevant children and care leavers receive the support they need in securing their UK immigration status under the scheme.

Local authorities in Great Britain, and health and social care trusts in Northern Ireland, are responsible for making an application under the EU settlement scheme on behalf of an eligible looked-after child for whom they have parental responsibility by way of a court order. Their responsibilities to signpost the scheme and support applications in other cases have also been agreed. They concern children for whom there is no court order but where the local authority has a clear interest in supporting the best interests of the child—for example, children accommodated by the local authority, children in need and care leavers.

The Home Office has implemented a range of support services to ensure that local authorities and health and social care trusts can access help and advice when they need to. We have engaged extensively with relevant stakeholders, such as the Department for Education, the Local Government Association, the Ministry of Justice, the Association of Directors of Children’s Services and equivalents in the devolved Administrations, to understand and address the needs of looked-after children and care leavers, and to ensure they are all supported. Guidance has also been issued to all local authorities on their role and responsibilities for making or supporting applications under the EU settlement scheme for looked-after children and care leavers. The Home Office is holding regular teleconferences specifically for local authority staff who are responsible for making relevant applications, in order to support them and provide a direct point of contact for them within the Home Office.

A new burdens assessment has been conducted, and funding has been issued to local authorities that have responsibilities for carrying out specific duties in relation to looked-after children and care leavers, to ensure they are adequately funded to do such work. Along with the Minister for Children and Families in the Department for Education, I have written to lead council members to underline the importance of the work that their local authorities are undertaking to ensure that eligible looked-after children and care leavers make applications to the EU settlement scheme, and to highlight the support available. Home Office caseworkers are directly working with local authority staff who are responsible for making applications, as well as with organisations that specialise in working with children, such as the Children’s Society and Coram.

Additionally, the Home Office has provided £9 million of grant funding to 57 voluntary organisations across the UK in order to support vulnerable citizens in applying to the EU settlement scheme. They include several organisations specialising in support for vulnerable children and young people. We have now committed a further £8 million for such work, allowing charities and local authorities to bid for grant funding to provide support to vulnerable people and help ensure that no one is left behind. To reassure the Committee, we are continuing the existing arrangements until new arrangements and a new bidding process are completed.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am listening carefully to all the steps that the Home Office is taking, but is the Minister now in a position to publish the information about the number of children affected by needing to apply for the EU settlement scheme? I understand that his Department has already undertaken that work.

--- Later in debate ---

[Kevin Foster]

Again—here we go—this would mean that someone who had a status could not be distinguished from someone who did not have a status, and would then have to make an application. We have been clear that we cannot allow people to have a status without going through the process, but that we have some generous provisions in place. Similarly, physical documents that are decades old, that date from when someone is a child, are unlikely to be particularly convincing proof in many instances. That is why we need to move towards a digital system that is a permanent record, and if the children are being identified—as Opposition Members are suggesting—the next stage is to make that application, make it simple, and get their status secured. That means the children are then secure for the rest of their life, which is a better outcome.

Fundamentally, changing a system that is working well overall would have the exact opposite effect to that which the new clauses appear intended to achieve, leading to confusion and uncertainty. We have also made it clear that where a person eligible for status under the scheme has reasonable grounds for missing the deadline—for example, if their council did not apply to the EU settlement scheme on their behalf—they will be given a further opportunity to apply. We will ensure that individuals who have missed the deadline through no fault of their own can still obtain lawful status in the UK, which I suggest is a far better response to the concerns expressed by Opposition Members than the new clauses they are proposing. That is why the Government will not accept them.

[Dame Diana Johnson]

I am disappointed by the Minister’s response to new clause 41. It is also disappointing that the Minister is not able to update the Committee with some information, recognising that that information about numbers may be changing over time. This is a matter that will not go away, and rather than test the opinion of the Committee today, I may wish to return to it on Report. I therefore beg leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 45

Immigration: no recourse to public funds

“Section 3(1)(c)(i) and (ii) of the Immigration Act 1971 cannot be applied to persons who have lost rights because of section (1) and Schedule 1 of this Act, until such time as may be specified in a resolution passed by each House of Parliament.”—(Stuart C. McDonald.)

This new clause seeks to delay application of No Recourse to Public Funds rules during the current pandemic and until such time as Parliament decides.

Brought up, and read the First time.

--- Later in debate ---

[Dame Diana Johnson]

It is a pleasure to serve under you this afternoon, Mr Stringer. I wish to speak to new clause 62, on the no recourse to public funds policy and to support new clause 59, tabled by my hon. Friends.

New clause 62 would exempt EU, EEA and Swiss nationals with dependants under the age of 18 from being subject to any NRPF condition that would otherwise be placed on them under the immigration rules. Many believe that these protections should apply to all families, regardless of their nationality, but for the purposes of the Government’s tightly drawn Bill, the new clause is limited in the way I have described.

Many find it astonishing that this condition is applied to children at all. Having NRPF means that the life chances of thousands of children are dictated by their parents’ inability to access support from the social security system because of their immigration status, even though the children themselves might be British.

I know that the Minister will use his concluding remarks to say that limiting access to public funds for these children and families is in the public interest and that they should be paying in to the system before they benefit from it. He will know that many of the families affected are those of key workers, who are at the frontline at this very moment in the fight against coronavirus. We are talking about NHS hospital cleaners, and about people who work in food preparation or social care, but they are being denied the same access to the safety net that they are working within. These families are paying income tax, council tax, immigration application fees and the health surcharge. It is calculated that if a family started their 10-year settlement journey in 2012, assuming they were not successful in getting fee waivers, and fees did not increase again, a single mum with two children would be expected to pay more than £23,000 for the family to settle in 10 years. A family of five—a couple with three children—would be expected to pay more than £39,000 to settle in the UK.

The NRPF does the opposite of making work pay, because families may end up forced into destitution if parents try to work but cannot access benefits. Working parents, single mums, mothers fleeing domestic violence, parents who have children born in the UK and children with British citizenship currently cannot access benefits to which they should be entitled. For children and families, that includes not being able to access benefits to support children’s upbringing and families’ wellbeing, to ensure that children have the same life chances as their peers.

As we have already heard, in May 2020, the Unity Project and Project 17 supported an eight-year-old British boy in taking the Government to court over the policy. The court ruled that the NRPF policy breached article 3 of the European convention on human rights, which prohibits inhumane and degrading treatment.

Applicants can apply to have their NRPF condition removed if they are likely to become destitute, but the process is time-consuming and requires specialist advice, which is difficult to obtain, especially during the current pandemic. NRPF families may be able to access support under section 17 of the Children Act 1989, which is often the only safety net available. That is payable, as we all know, through local authorities, but the pressure of austerity and cuts to local council budgets have left councils largely unable to offer much support.

Section 17 is often referred to by the Government as the basic safety net for migrant families with NRPF, but there is little support—sometimes as little as £3 per child per day—which makes it nearly impossible to meet the basic needs of a child, let alone support them to have a healthy, happy childhood. We have to acknowledge that that, again, puts an unnecessary strain on stretched local authority budgets.

Most, if not all, services that support migrant families with NRPF state that having no recourse to public funds increases the risk of families becoming trapped in a cycle of extreme poverty, vulnerability and abuse. Many children in NRPF families go without things that other children get to enjoy and that are important for their development, including, for example, days out as a family or school trips. One example that the Children’s Society gave me was of Hamid, who said that if his son’s classmates were going on a school trip, he would not take his son to school that day, because he did not want him to see his friends going while he stayed behind because they just could not afford it.

Other Government Departments are beginning to recognise the consequences of NRPF. The Department for Education has temporarily allowed children with NRPF to access free school meals, and the Ministry of Housing, Communities and Local Government has instructed local authorities to house homeless people with NRPF. In the longer term, the solution lies with the Home Office, so I ask the Minister to give an assurance to the Committee that safeguards will be put in place to ensure that more families will not be forced into destitution as a result of a condition placed on their leave to remain.

The Government have made it clear that they want to wrap their arms around everyone during this time of crisis. Vulnerable children are at the heart of the Government’s agenda, so the new clause will ensure that that can happen. I commend it to the Committee.

[Kevin Foster]

After the end of the transition period, EEA citizens coming to the UK will be subject to the same requirements as non-EEA citizens and the same conditions restricting access to public funds under our new global immigration system. The new clauses would maintain a system in which EEA citizens, including those arriving in future, continued to enjoy preferential treatment over non-EEA citizens in relation to their access to benefits. That is not the Government’s intention, nor would it be fair, and it is not something that the British people would support, given the mandate that they have given to the Government.

New clause 45 would delay the introduction of the no recourse to public funds condition to EEA citizens until Parliament had decided on the matter in the light of the current pandemic. However, as has been touched on by some Opposition Members, to their credit, the Government have already made provision to support people through the pandemic, including those subject to no recourse to public funds, and are keeping the situation under review.

It should also be noted that the no recourse to public funds condition does not bar access to all benefits, as pointed out by my right hon. Friend the Member for Scarborough and Whitby. People covered by it may still, for example, access contribution-based benefits and statutory sick pay. Exceptions are also made for vulnerable migrants, such as refugees and those granted humanitarian protection. Those granted leave on the basis of their family life under article 8 of the European convention on human rights can apply to have the conditions lifted if they would otherwise be destitute.

Oral Answers to Questions

Debate between Kevin Foster and Diana Johnson

Wednesday 10th July 2019 Commons Chamber

[Kevin Foster]

As we mark 20 years of devolution, the UK Government are committing more than £1.36 billion to support economic development in Scotland through city and growth deals. All Scotland’s seven major cities now have deals, and heads of terms are expected to be agreed for Moray very soon, thanks to my hon. Friend’s tireless campaigning.

[Diana Johnson (Kingston upon Hull North) (Lab)]

9. What recent progress he has made on the NHS contaminated blood inquiry.

Oral Answers to Questions

Debate between Kevin Foster and Diana Johnson

Thursday 17th January 2019 Commons Chamber

[Kevin Foster (Torbay) (Con)]

9. What (a) steps the Church of England is taking and (b) recent discussions the Church of England has had with the Foreign and Commonwealth Office on tackling the persecution of Christians throughout the world.

[Diana Johnson (Kingston upon Hull North) (Lab)]

12. What (a) steps the Church of England is taking and (b) recent discussions the Church of England has had with the Foreign and Commonwealth Office on tackling the persecution of Christians throughout the world.