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

Debate between Kevin Foster and Iain Duncan Smith

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Kevin Foster]

I can reassure the hon. Gentleman that the law on detention is very similar to that pre-2015, when he was in the Cabinet. Immigration detention is part of our rules, but we have been reducing its use over recent years; again, it should be a last resort when other methods cannot be used. However, I say again with regret that introducing a 28-day limit would allow people to exploit the system and would actually run contrary to our ability to run an effective system.

I turn to Lords amendment 9. I appreciated the chance today and over the weekend to have significant conversations on this subject with my right hon. Friends the Members for Maidenhead (Mrs May) and for Staffordshire Moorlands (Karen Bradley), who have had a strong passion and commitment to this area over a long period. Lords amendment 9 would require arrangements to be made in the immigration rules for the granting of leave to remain to confirmed victims of modern slavery who are EEA citizens, in specified circumstances. We believe that the amendment is unnecessary, for reasons that I will briefly set out.

Currently, confirmed victims of modern slavery who are foreign nationals from non-EEA countries and who do not already have immigration status are automatically considered for a grant of discretionary leave to remain. By “automatically” I mean they do not have to apply for it. Our national referral mechanism arranges for that consideration if, after a decision has been reached, there are conclusive grounds to believe that someone is a victim of modern slavery. EEA citizens are not automatically considered in that way, as many are likely to be exercising free movement rights and therefore do not require a grant of discretionary leave under UK immigration rules. They may, however, apply for discretionary leave if they wish.

However, to address some of the points that have been made, following the end of free movement, EEA confirmed victims who do not already have permission to stay in the UK, for example though our EU settlement scheme, will be treated in the same way as other foreign national victims and therefore receive automatic consideration for a grant of discretionary leave. The published policy will be amended to make that clear beyond 1 January 2021; the recent publication reflects the guidance that needs to be followed today, with free movement rights still in place.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

My hon. Friend knows that I spoke overnight to the Home Secretary and we agreed that this was an anomaly and needed to be sorted, so I am pleased that he now commits to doing it. Will he also, however, commit to having a full and proper set of discussions with Lord McColl, me and others about the possibility of introducing modern slavery victims support legislation to iron out many of these anomalies?

[Kevin Foster]

I thank my right hon. Friend for his constructive intervention. Yes, certainly; I am more than happy to engage with him about how we can look at this process. He will realise that it is not just in this area where there has traditionally been a difference, because EEA nationals have freedom of movement rights, so it would be odd to grant them status under immigration rules, but I am certainly happy to have that conversation. I also reassure Members that we would consider someone’s being held as a modern slave as reasonable grounds for a late application to the EU settlement scheme. I say gently that it would be unhelpful to have two very similar sets of criteria, one under the immigration rules and one under policy, so we do not accept Lords amendment 9.

Having been through the more contentious areas, I hope that Members support Lords amendment 11, which was introduced in reaction to feedback in the other place. I hope that Members accept the reasons I have outlined why the Government cannot accept the Lords amendments that we ask the House to disagree with, but I hope that they have a sense of the Government’s commitment to the issues raised.

State Pension Age

Debate between Kevin Foster and Iain Duncan Smith

Wednesday 2nd March 2016 Commons Chamber

[Mr Duncan Smith]

The hon. Lady should not grab on to and believe everything that is printed in the newspapers. They have their own legitimate reasons for publishing stuff. There is nothing in the review that talks about that. I have said categorically that John Cridland will review, within the terms of reference, where we should go with state pension ages and look at other aspects, such as affordability, within the context of what people have done and what their details are. If the hon. Lady has a particular issue she wants to raise, she should raise it with him.

What is untenable is that the hon. Lady’s party opposes an independent and regular review of state pensions. Why would anybody do that? [Interruption.] I hear the shadow Secretary of State shouting, “Rigged.” The only thing that was rigged was the way that he got on to the Front Bench to be the Opposition spokesman.

[Kevin Foster (Torbay) (Con)]

As someone who accepted the rise in his own pension age to 68 in 2007 on the basis of the evidence presented by the Labour party, it has been disappointing to hear the tenor of the Opposition’s comments today. Will the Secretary of State reassure me that the review will be independent and that it will take into account factors across the country, not just in London and the south-east, that affect life expectancy? Will he assure me that we will seek to have constructive engagement with the Opposition? If we cannot get it with the shadow Secretary of State, perhaps we should try to get it with the shadow Pensions Minister instead.

[Mr Duncan Smith]

I agree. My hon. Friend is absolutely right. The important thing is that there is an independent review and that we own up to the decisions that we have to take. I wish the Opposition would accept that they took decisions about the state pension age. They have collective amnesia about anything that happened not just pre-2010, but apparently pre-2015. I expect that they will shortly forget everything pre-2016 and that it will go on like that. They should wake up, smell the coffee and get on with being an Opposition in the hope of being in government, not perpetually in opposition.

Oral Answers to Questions

Debate between Kevin Foster and Iain Duncan Smith

Monday 22nd June 2015 Commons Chamber

[Mr Duncan Smith]

The right hon. Gentleman is right in the first part of his question. In the second part, as he knows, the Chancellor announced the consultation, which will go out in July. We have concerns about some companies that may be overcharging, and that will form part of the consultation.

[Kevin Foster (Torbay) (Con)]

T3. I was pleased to meet with Disability Support Torbay on Friday to discuss the advocacy, support and advice it gives to many local people. Does my right hon. Friend agree that it is crucial to work with employers to make sure that they are aware of work the Government are doing, such as the Access to Work programme, to help them to employ and retain people with disabilities?