Statement of Changes in Immigration Rules

Lord Bishop of Leeds Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Empey (UUP)]

My Lords, I believe that immigration in this country is out of control and has been for some time. I think the numbers are far too large. If we look at the difference in the rates of immigration since we left the European Union, we see that, far from taking back control, we have lost control—and the numbers justify that. However, that is not the point I wanted to try to raise tonight—and I am not going to get into the cop business because I think that is dangerous.

We have seen cases where people who should have been put out of this country because of convictions—including even some very serious convictions for sexual and other offences—have had their deportations stopped because of, perhaps, a right to a family life. I want to raise a particular case. While the system may be intended to try to curtail immigration, the side effect has been that, where somebody behaves properly and plays by the rules as set out, they are in a worse position in many cases than somebody who tries to enter this country illegally, or somebody who has managed to get in, committed criminal offences and still has their right to a family life protected.

The noble Baroness, Lady Hamwee, mentioned a case where it was said that the resident here could go to the other country and work there with their partner. However, that does not work if the individual is registered as disabled. The particular case I want to draw the House’s attention to tonight is that of Mr Barry Ferguson, in Newtownards, County Down, who is registered as disabled because of an autoimmune illness. He has two children with his partner, who is a Malagasy national. He has been bringing up his children in Newtownards, where they are at school, and who are there without their mother. The arithmetic, whether we have the high level or the low level, would be utterly irrelevant because they cannot meet the criteria. We have been dealing with their case for the last couple of years.

It frustrates me because, while I fully understand the Government’s desire to reduce immigration, we are taking a blunt instrument to a family situation. People find themselves trapped because, if they do things legally and in the right way, they are effectively being punished, while people who pay no attention to the rules seem to get away with it.

I say to the Minister that, while it is probably unusual to bring individual cases to the Floor of the Chamber, Mr Ferguson has gone to his Stormont representative, my colleague Mike Nesbitt, to try to get help from his office for the last couple of years, and we are up against a brick wall. I would greatly appreciate, on behalf of Mr Ferguson and his family, if the Minister would take up this case—I will provide him with the details. It is clear evidence to me that having children be brought up in the United Kingdom without their mother, who cannot get in, is entirely unacceptable. I would appreciate a response from the Minister when he winds up.

[The Lord Bishop of Leeds]

My Lords, I think personal stories illustrate the broader point. I am pleased to stand in solidarity with these regret Motions and will not repeat much of what has been said, particularly about the lack of impact assessments and consultation in these matters.

I met a man last week, in Leeds, who is coming up to 80 and who has been married for 27 years, and his wife is not able to join him. They have been separated now and it is just miserable—I cannot imagine being in that situation myself. There are parts of Leeds where the average income is £27,500 a year. This is fundamentally discriminatory in that, if you are from the poorer end, your love counts for less than if you are more affluent. This cannot be just; it cannot be right in a society that we would describe as fair and just.

I do not want to prolong this, so I will put another question, as much of what I wanted to say has been said. It is a genuine question and I do not know the answer—there might be a perfectly good one. We are seeing in our universities a drop in numbers and, at the same time, a real financial crisis. Has any assessment been made by the Government as to whether there is any link between these two phenomena?

[Lord German (LD)]

My Lords, it is perfectly obvious that those who have spoken already have demolished any thought that these changes are based on any evidence, or any critique of anything at all beyond the political philosophy that is driving them forward. I must first declare my interest, as laid out in the register: I am supported by the RAMP organisation.

What is clear from the addresses of the noble Baroness, Lady Lister, and my noble friend Lady Hamwee, supported by the noble Lord, Lord Kerr, is that there are no real answers to the questions that the proponents of this instrument have been asked in many places so far. We are quoting the Secondary Legislation Scrutiny Committee very importantly in this debate, because it has taken the time to examine this legislation, which is quite a brickful. It always amazes me that we want to try to pass legislation by the negative procedure when it is so important to people’s lives in this country, and so dense and so deep.

The Secondary Legislation Scrutiny Committee was quite clear. It said these changes had

“a lack of clarity about what the policy is designed to achieve”.

That is precisely what all the contributions so far have pointed out. It is quite clear to me, as I am sure it is to many in the House, that this is about dealing with a problem inside the Conservative Party—a particular branch of the Conservative Party—which is trying to be assuaged. As a result, we have a policy being implemented which the noble Lord, Lord Empey, described as blunt. It suffers because it does not have the impact assessment with it; it does not have any evidence to go behind it; it also has not taken the evidence that the Government could find from their own bodies and advisory committee.

Some 70% of the UK population do not earn £38,700. The Government are concerned about burdening the taxpayer, but everyone who has a spousal visa has no recourse to public funds. Can the Minister tell the House how granting a spousal visa will be a burden on the state, given that an individual on such a visa has no recourse to public funds—and, by the way, has probably already paid huge amounts in fees to get to that position. A quite extraordinary number of pounds have to be spent on those fees.

Then there is the fairness of these changes. They will obviously have a greater impact on lower average-income earners, as has already been described, but, crucially, they will have a disproportionate impact nationally and regionally. The new MIR is quite likely to remain below the average in London, because it probably matches London earnings, but it will certainly not be so across swathes of the United Kingdom where salaries are lower. Around 50% of UK employees earn less than the £29,000 threshold and 70% earn less than £38,700. So how do the Government explain the fairness in families in some regions of the United Kingdom being much more likely to be entitled to reunite than those in other areas—in fact, in the majority of the United Kingdom? How is this consistent with the Government’s levelling-up agenda?

The Migration Advisory Committee, in its 2020 report, said:

“We also think now would be an opportune time to reconsider the minimum income requirements associated with this route. The MAC are concerned that previous analysis may have given too much weight to the fiscal contribution of such migrants and insufficient attention to the benefits that accrue, to both the family and society, from the route”.


Noble Lords might have thought that the Migration Advisory Committee—the Government’s advisory committee—would have been consulted about these changes, but it was not and the policy goes against its advice, had it been asked. Perhaps it was not consulted because it would have given contrary advice. So I ask the Minister: why was the Government’s own advisory committee not consulted prior to this decision?

One of the most objectionable aspects of these changes is their impact on children. Undoubtedly, they will lead to an increase in the length of children’s separation from a parent before any visa is obtained. These children are often British children. There will also be a greater impact on women: 36% of employed women and 58% of men earned enough to meet the £29,000 threshold in 2022. For the £38,000 threshold, it was 21% of women and 39% of men, so clearly there is gender discrimination.