Statement of Changes in Immigration Rules

Lord Empey Excerpts

Tuesday 14th May 2024 Lords Chamber

My third point is about cruelty. The change in the MIR means that, from early next year, a UK citizen will not be able to live in this country with his or her foreign partner, fiancé or spouse unless he or she earns at least £38,700 a year. That is double the threshold today and more than 70% of what UK full-time employees currently earn. Two in every three men and three in every four women in this country will be banned from bringing in their partner. For those in part-time employment, of course, the numbers will be much worse. As the noble Baroness, Lady Hamwee, mentioned, spouse’s income—actual or potential—does not count. When the present MIR was introduced 10 years ago, only 30% of employees failed to meet it; now, over 70% will. A lot of lives—and a lot of young lives—are going to be blighted. Think of it in personal, family terms: two of my children married foreign women, and four of them were paid less in their first job than the equivalent of £38,700 today. These changes are not just chauvinist and economically illiterate; they are casually, callously cruel. Between the two regret Motions, I prefer the one with teeth—the hard cop.

[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?

Inadmissible Asylum Seekers

Lord Empey Excerpts

Thursday 9th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have that information to hand. I will see whether I can find it, and I commit to write to the noble Lord if I can.

I turn to other aspects of the various questions I was asked. The noble Lord, Lord Hussain, asked about individuals who were previously present in a safe third country and entered the UK by a dangerous and unnecessary method. I am afraid that they are liable to relocate to Rwanda. It is an ongoing operational matter, so I am unable to provide a running commentary on individual numbers or cases.

In answer to the comments by the noble Lord, Lord Coaker, about colleagues, I note that he now has a colleague who says:

“Don’t trust Labour on immigration they really want open borders … The Government wants to close legal loopholes … Labour seems intent on creating them”,


and

“Labour … are not serious about stopping small boats, tackling criminality, protecting people from the smuggling gangs or saving lives in the Channel”.

What on earth did the colleague mean by all that? I think the noble Lord knows.

As I hope I have made clear, the Government recognise the crucial importance of having in place a robust operational plan to deal with individuals who have outstanding asylum claims in the UK. We are getting on with the job; we will have a lot more to say on this subject, and I expect to be questioned on numerous future occasions on this very subject. I have little else to add.

[Lord Empey (UUP)]

The Minister did not manage to answer the question from my noble friend Lord Rogan about the situation between the United Kingdom and the Irish Republic. I am sure he would appreciate an answer.

[Lord Sharpe of Epsom (Con)]

With apologies, I did mean to, but for obvious reasons I cannot comment on the internal policies of another country, and I do not think it would be appropriate to do so in this case.

Asylum: Channel Crossings

Lord Empey Excerpts

Tuesday 27th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Of course, I do not have those statistics to hand but they are available on the GOV.UK website. The latest statistics release, covering 1 January 2023 to 31 March 2023, shows that during that period 3,793 people arrived in the UK having crossed the channel by small boat. The next quarter of statistics is due to be published on 24 August 2023. As the noble Lord is aware, the Home Office needs to ensure that information intended for publication meets the standards and requirements set for departmental publications.

[Lord Empey (UUP)]

Can the Minister explain how this wretched illegal trade is allowed to be conducted in broad daylight from the shores of northern France? What would the situation be if the boats were going in the opposite direction? Would we allow the south coast to be used as a trading post for this illegal trade?

[Lord Murray of Blidworth (Con)]

I thank the noble Lord. The answer is clearly that we would not, and I agree with the sentiment of his question.

Hong Kong British National (Overseas) Visa

Lord Empey Excerpts

Wednesday 29th July 2020 Lords Chamber

[Baroness Williams of Trafford]

I shall not guess at the answer to the last question because I simply do not know. The usual checks when obtaining a visa will be made. The noble Lord will know that, from our point of view, the UK’s extradition treaty with Hong Kong has been suspended indefinitely until the UK is sufficiently assured that the new NSA established by China in Hong Kong will not be able to initiate extradition requests to the UK and that extradition requests will not be sent in relation to the newly created offences under the national security law.

[Lord Empey (UUP)]

By what authority did the Government unilaterally take a decision that could, in extremis, increase the population of this country by in excess of 3%? Have we learned nothing about the treatment of large-scale immigration measures that have coloured the debate on this matter for so many years?

[Baroness Williams of Trafford]

My Lords, I think I explained at the beginning that this offer reflects the unique and unprecedented circumstances in Hong Kong and the UK’s historic and moral commitment to BNO citizens. It is outside the normal immigration legislation that we have in place.