Immigration Procedures

Lord Bishop of Durham Excerpts

Thursday 14th February 2019 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I too thank the noble Lord for securing this debate, and need to declare my own interest, as laid out in the register, as a trustee of Reset.

Given the velocity with which the incredibly narrow immigration Bill will likely be sped through this House, any and all opportunities for Parliament to provide scrutiny of immigration is to be welcomed. Without more scrutiny we seem to risk squandering the potential for a reset moment in the way that the UK thinks, debates and legislates about migration.

What could have been the moment when the Government led a discussion about the deeper purpose of our migration system has become instead one that underlines the persistent and escalating centralisation of policy by successive inhabitants of 2 Marsham Street. This trend has also resulted in the Immigration Rules becoming infamous in their complexity, as the Law Commission has recently highlighted.

Improving immigration procedures means making them simpler and more open to parliamentary scrutiny. Only then can we hope to secure a future system animated by a shared sense of purpose and focused on human dignity.

This is not to say that the reflections on purpose are entirely absent from the current discussion. The White Paper is not without its problems, but it sets out some of what the Home Office thinks migration is for. In particular, it is to be welcomed that the rhetoric is beginning to move beyond arbitrary targets.

However, given that the focus of this debate is on opportunities for improvement, I want to focus on the ways in which crude policy levers continue to be confused for a deeper purpose and risk jeopardising other policy objectives. For example, we see this in the proposed short-term worker visa proposed in the immigration White Paper. A 12-month “cool down” period would create a churn of workers, hurting businesses and integration. The National Conversation on Immigration found that while people were often sceptical about immigration, they would much prefer newcomers to settle in a community and integrate, and not constantly churn. At the moment, our procedures prioritise making immigration undesirable to certain groups over and above making immigration desirable to local communities. There is a conflation of “control” with “making life difficult for those considering migrating”. We need an immigration policy led by the needs of communities and the personhood of migrants.

At the heart of current policy-making is confusion over what we mean by “contribution”. The current system operates on a reductive logic that equates contribution with “how much you are paid”. The White Paper’s proposed £30,000 threshold is a strange measure of what it means to be skilled. I worry about parts of the country whose economies rely on immigrants but where jobs paying £30,000 are rare. This proposal will result in communities such as many of those in my own diocese of Durham and regions such as Cornwall, Cumbria and Lincolnshire experiencing immigration almost exclusively in the churn of short-term worker visas. What will this do to how different parts of the UK think and feel about migration? The contribution of immigrants must be better defined and widely experienced. A crude financial measure simply will not work.

Today is Valentine’s Day—I think I am the first person to mention that. I also want to note the ongoing harm caused by the minimum income requirement. We hear that this is about ensuring that migrants contribute, passing over the burden that many separated families are subjected to and the well-known benefits, economic and otherwise, of a united family. This policy punishes British citizens for falling in love and deprives thousands of British children of one of their parents. How can we ensure that love, meaning and those things that make life worth living are given their rightful place in future policy-making?

Finally, on the question of meaning, I want briefly to raise the lack of faith literacy displayed in both asylum and visa application procedures. All too often, asylum claims on the grounds of religion are turned down because someone is told that they are not able to display a detailed knowledge of the scriptures. You do not need a Bishop to tell you that millions of people live lives transformed by the life, death and resurrection of Jesus Christ without being able to name the three gifts that the Magi presented to Jesus. It is their faith that matters, not their ability to answer simplistic questions. This speaks to a deeper issue around improving faith literacy in the Home Office and possibly across the Civil Service as a whole. I understand that some work on this is ongoing between the Home Office and APPG for International Freedom of Religion or Belief, but that it has seen limited progress during the past few months. Please can I ask the Minister for an update on this work?

I hope that faith literacy training across the Home Office might also alleviate some of the difficulties faced by many bishops from across the Anglican Communion as they try to navigate the application process for short-term visas, particularly as we approach the Lambeth Conference in 2020. Here, too, a better understanding is needed of what it means when a bishop and a diocese guarantee that they will care and support the visitor throughout their stay, rather than simply looking at the low income of the visitor in their home nation. We should be trusted on our promises.

I still believe that the White Paper consultation and future legislation can provide the space for a truly national conversation on the purpose of immigration and the gift that migrants can be. We still have the opportunity for a reset moment, if only we would seize it.

[Baroness Goldie (Con)]

My Lords, may I invite your Lordships’ co-operation in keeping an eye on the clock? The time limit allocated to Back-Benchers is six minutes. When the clock shows six, time is up, I am afraid.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, I congratulate, with others, the noble Lord, Lord Roberts of Llandudno, on securing this debate and welcome his contribution. As we have heard, he is a keen and passionate advocate for a fair and effective immigration system. As my mother was a refugee in this country, I was brought up to appreciate fully the importance of the issues that many noble Lords have raised today.

People from all over the world come to the UK and help to make this country what it is today. We all welcome their contribution and the fact that Britain is one of the best countries in the world to come to, study, work and live in. As the noble Lord, Lord Kennedy, and others have said, that is exactly why we need a fair immigration system that treats people with decency and respect and is trusted by all. That is why this Government have apologised—and I apologise again today—for the failure of successive Governments to deal with the issues faced by the Windrush generation. We are taking action to make procedures more effective and will continue to do so.

Noble Lords have raised a number of important issues, which I will aim to address. Although I disagree with the noble Baroness, Lady Bull, about the breadth of the debate—it may be an opportunity for speakers—I fear I may be writing to many noble Lords about their valid questions.

I remind the House of the scale of the immigration system to give some perspective. Thousands of decisions are made every single day, the overwhelming majority of which are completed within published service standards and enable people to visit the UK, to study and work here or, importantly, to rebuild their lives here. I thank my noble friend Lord Kirkhope and the noble Lord, Lord Kennedy, for acknowledging the hard work of civil servants. Clearly, I cannot comment on the role of Ministers.

The noble Lord, Lord Roberts, was critical of the Government in relation to our work with refugees, particularly child refugees, and I feel I need to set the balance straight. Our resettlement schemes offer a safe and legal route to the UK for the most vulnerable refugees.

The noble Lord, Lord Shipley, mentioned the speed of decision-making and better communication, and he was right to do so. Ironically, I understand that our processes might be faster than other countries’, which creates another level of anxiety. In the year ending September 2018, almost 6,000 people were provided with protection and support, meaning that we have now completed more than two-thirds of our commitment to resettle 20,000 refugees from Syria by 2020 through the vulnerable persons resettlement scheme, and we are confident that we will deliver the full commitment. As of September 2018, 1,075 people have been resettled through the vulnerable children’s resettlement scheme, although, as the noble Lord, Lord Roberts, said, we have more to do in that area, and we are determined to do so.

A number of noble Lords asked about the quality of decision-making in the asylum system. It will not surprise noble Lords to know that we believe it is a work in progress. I shall share with noble Lords some of the work that is going on and the reasons for cases being overturned on appeal. In some cases, new information becomes available. In an effort to resolve some of the older cases, which are, by their very nature, complex, we are prioritising them and introducing a new system in which we will have the option of withdrawing cases at the 20-week point to review them to avoid going to appeal. Finally, we have created a new facility for legal representatives to submit new evidence to have decisions reconsidered ahead of an appeal hearing, so we are making progress.

With regard to detention, as noble Lords know, we invited Stephen Shaw to conduct a follow-up review in 2017 to assess the implementation of his earlier recommendations. This Government are committed to using detention sparingly and only when it is necessary to remove those with no right to remain in the UK. I remind noble Lords that 95% of people with no leave to remain in the UK are managed within the community rather than being detained. In the year ending September 2018, 91% of those detained left detention within four months and 66% in fewer than 29 days. Crucially, we have changed the law to stop children being routinely detained in the immigration system. Noble Lords will remember that in 2009 more than 1,100 children entered detention; last year, 44 were held for a very brief period.

I am keen to take some time to respond to the comments about the proposed future immigration system; I shall briefly set out our vision for how it will work. We aim to maximise the benefits of the UK leaving the EU and create a joined-up, coherent border, immigration and citizenship system. As the Government set out in the White Paper published on 19 December, the future immigration system will work in the best interests of the UK. In line with the Migration Advisory Committee’s recommendation, we will focus on the high skills that the noble Lord, Lord Mountevans, and others mentioned and prioritise those migrants who bring most benefit to the UK, maximising the benefits of immigration.

Importantly, we are launching a year-long engagement process to make sure that businesses and all key stakeholders can help shape the final details of policy and processes. A number of noble Lords raised concerns about how this will work in practice, including the noble Lords, Lord Kennedy and Lord Greaves, the noble Baroness, Lady Ludford, and my noble friend Lord Kirkhope. I stress that this is, in the words of my right honourable friend the Home Secretary, the start of a conversation about how the new system will work, not the end.

As noble Lords noted, the Government are making significant changes across a number of areas. Despite the doubts expressed by several of your Lordships, I hope that I will demonstrate our commitment to creating a more agile, transparent and user-friendly system—described by the noble Lord, Lord Mountevans, as ambitious and dynamic—for the full range of people who will use it. The EU settlement scheme is indicative of the improvements that the Home Office is making. After we leave the European Union, it will secure the status of our friends and neighbours who have come to the UK.

The noble Baroness, Lady Ludford, asked about the numbers. So far, 100,000 applications have been received under the scheme, including 8,000 on the first day. I think she mentioned that we need to cope with 3,500 a day. So far, 79% of applications have been processed with no additional information required. The noble Lord, Lord Greaves, described very clearly the three criteria, as we understand them, for admission to the scheme.

The noble Lord, Lord Kennedy, and the noble Baroness, Lady Ludford, asked about additional support for vulnerable applicants. That support is certainly available, and there is a range of ways in which one can access the scheme. The noble Baroness also asked about the costs. We estimate that the scheme will cost between £400 million and £500 million. I will have to write to the noble Lord, Lord Greaves, on a number of his questions, including on what will happen if there is no deal. However, the key message from the Home Office is that we are looking to grant status; we are not looking for reasons to refuse.

I turn to the questions from a number of noble Lords, including the right reverend Prelate the Bishop of Durham, the noble Baroness, Lady Bull, and the noble Lord, Lord Kennedy. There was a lot of focus on the £30,000 salary threshold. That really is part of the conversation. As my right honourable friend the Home Secretary said, salary is one factor—it was a recommendation from the Migration Advisory Committee—but it is not the only one, and that applies also to lower-skilled workers and those on short-term contracts. The right reverend Prelate raised concerns about certain parts of the country where wages might be lower. My right honourable friend the Immigration Minister held a series of round tables in preparation for the White Paper. I know that she went to Cornwall but I am not sure about Durham.

The noble Baroness, Lady Bull, and my noble friend Lady Hooper talked about the creative industries. The immigration White Paper sets out the Government’s intention to attract the best creative and cultural talent from around the world. The UK’s existing rules permit artists, entertainers and musicians to perform at events and to take part in auditions and competitions for up to six months. They can receive payment for appearances at certain festivals for up to a month or for a specific engagement without the need for formal sponsorship or a work visa. In preparation for this debate, I discovered that classical ballet dancers are on the shortage occupation list. You learn something new every day in your Lordships’ House.

I am running out of time, so I will write to noble Lords about their concerns—my noble friend Lady Redfern and the noble Lord, Lord Kennedy, raised concerns about students. The right reverend Prelate and my noble friend Lord Kirkhope talked about simplification of the Immigration Rules. They will be aware that we have asked the Law Commission to look at that, and we will consider its findings carefully.

In conclusion, the Government remain committed to improving the border, immigration and citizenship system. We absolutely recognise that there is more to do and that is why we are listening to and engaging with Members across both Houses, with those using the system and with stakeholders, and we are taking independent advice as we seek to build a new immigration system for the future that meets our economic, humanitarian and security needs as a country. Noble Lords have raised important issues in many areas, particularly in relation to the asylum system and the challenges that we face as we leave the EU. I will endeavour to raise these points with my right honourable friend the Home Secretary when I meet him next week. I will write to all noble Lords. The noble Lord, Lord Shipley, and the noble Baroness, Lady Bull, suggested further meetings, and I am delighted to accept.

[The Lord Bishop of Durham]

Can the Minister confirm that she will write to me on my question about bishops visiting this country?

[Baroness Barran]

I shall be very happy to do that.