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

Lord McCrea of Magherafelt and Cookstown Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, when the electorate across the United Kingdom were given the democratic opportunity to choose whether to stay within the European Union or leave, they decided to leave. There were a number of contributing factors that energised the electorate to come out in their millions to cast their vote, and one was immigration. As one who voted leave, I support the general principle undergirding this Bill.

In the other place, the Home Secretary stated that she was endeavouring to end EU freedom of movement, get ready for a new global immigration system and help restore public confidence in the integrity of our borders. She contended that her aim was to have a fairer, firmer and simpler system that would attract the people we need to drive our country forward, attract the very best talent from around the globe, tighten security and keep criminals out, et cetera. These are laudable objectives, but how to achieve them will no doubt command varying opinions.

In recent years the United Kingdom has struggled with uncontrolled and undemocratic mass immigration that has caused unrest within our society. In my humble opinion, the previous system was untenable and caused increasing pressure on schools, health and hospital services that had to be rectified. We must pay tribute to those from across the world who have worked tirelessly in our health and social care sector, providing an excellent level of service to the community during the most difficult of times. The Government must ensure that these workers do not fall foul of any skills and income-threshold rule that would leave our elderly vulnerable.

Will this legislation exclude some health and care workers from entering the United Kingdom, primarily social care staff? What are the implications for the staffing of health and social care services, quality of care and patient safety in the foreseeable future? I appreciate that we must have an immigration system that is efficient, transparent and able to act against those who frequently break our rules, abuse our health and social services systems and commit serious crime, but we need to permit adequate personnel to come to the United Kingdom, not only to protect the healthcare needs of our community but to have a system that fully meets the needs of our businesses and our economy. During the Covid crisis we owe a great debt of gratitude to agricultural workers and food production workers, who were not only key to the survival of our local economy in Northern Ireland but essential to keeping fresh fruit on our table.

The United Kingdom must be open to receiving the brightest and best talents, wherever they are from, including those with the skills necessary to keep the wheels of industry moving, protect our hospitality sector and, I hope, rebuild our manufacturing base. I must stress that while I welcome the principle of ending uncontrolled immigration, it must be done in a manner that preserves the best of British decency and compassion. We must therefore have an open approach to refugees from communities affected by terrorism, war or persecution.

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

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

My other point is about the dependency ratio, the ratio between those in work and those who are in education or are retired. A 26-year old from overseas who comes to work in a care home here will, in 40 years’ time, be looking to go to the care home as a patient, not as a worker, requiring more people to come and look after them. Therefore, we will need to find other ways to boost the sector. David Attenborough has called this a population Ponzi scheme. The noble Lord, Lord Turner of Ecchinswell, who is not in his place today, said that if you wish to keep the dependency ratio as it was in 2006, you must plan to have 100 million people in this country by 2060, compared to the 66 million that we are today. While I absolutely understand the good intentions of all noble Lords who have been putting forward these very worthwhile amendments, on balance I must ask the Minister to reject them.

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, it is clear that many fear the impact that a sharp and purely tailored approach to ending free movement on growth could have in certain important economic sectors, especially within Northern Ireland. The move to reduce the £30,000 salary threshold to £25,600 for skilled migrants coming to the UK is welcome. However, it is not sustainable in Northern Ireland because quite a number of jobs, especially in the care sector, pay less than £25,600. The requirements of the sector have always been different from most of the rest of the economy, but I address my remarks mainly to Amendments 2, 82 and 93, and the need for workers in the health and care sector.

The pandemic has shown the enormous contribution of overseas workers to our health and social care system. Indeed, they have put their lives at risk to keep us safe. Over these last months the care sector has been under extreme pressure, and clearly any major changes will have serious consequences. Unless we have a breakthrough with a vaccine, care homes and that sector of our health provision will still be battling Covid-19. A large percentage of our doctors in the NHS are from overseas, yet there are thousands of posts vacant across the medical profession. There are serious staff recruitment and retention problems within health and social care, even with freedom of movement and flexibility of opportunity. Added to this is an ageing population with increasingly complex care needs. The Government have ambitious plans to fill staff vacancies, which noble Lords have spoken about, but it will take a concerted effort and a very considerable period of time to train doctors and nurses—even if they are recruited tomorrow—and to provide thousands of professional care home staff for our various facilities across the United Kingdom.

In my opinion, this is a mammoth task. It is not realistic to pretend that we can address the vacancy shortage within a short period. To suggest that those who have lost their employment elsewhere would adequately fill these vacancies is also unacceptable, as we are speaking about a caring profession; vulnerable people who need assistance need loving, professionally skilled attention. I fear that deterring the recruitment from overseas of care assistants and other junior care workers who already have skills will lead to a serious decline in the quality and availability of care for the most vulnerable in society.

We also need an independent evaluation of the impact of the Bill on the health and social care sector across the United Kingdom. The appointment of a person independent of government should be done following consultation between the Secretary of State for Health and Social Care and the relevant Ministers in the devolved Administrations. If what is being done under the Bill is right and professionally competent, there is nothing to fear from such a comprehensive independent evaluation. This new clause requires the Secretary of State to lay a copy of the report before both Houses of Parliament no later than one year after the Bill is passed, and that no later than six months after the report is laid it will be debated and voted on in the Commons and Lords. The effects of these changes on disabled people, older citizens, children and young people and those with long-term health conditions—in other words, those who rely on the service provided by health and social care to make life bearable—could be profound. Therefore, we had best be sure that we get it right.

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

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

The arguments against Brexit have very often focused on the economy. Indeed, in the context of the arts, it has been argued that they are valuable to the economy, but this is also about our mental health, our cultural life, our quality of life and what makes life worth living. If the Government want to ensure that Britain continues to have the richness of cultural opportunity that it has enjoyed hitherto, will they please listen to those who have spoken to these amendments and act accordingly?

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, I appreciate that much has already been said about this group of amendments, but I wish to make a few brief remarks on them. First, on Amendment 69 I accept that the creative industries are having a challenging time. I accept that there are some extremely wealthy people in the creative industries, but the vast majority of people in those industries have in the past been living on average incomes, and that was before the serious impact of Covid-19. Many have not been able to do their job at home, never mind not being able to travel more generally to perform their skills. How do the Government intend to underpin the ability of our best musicians and most talented creative artists to work across European member states, and their fellow artists within the creative industry to work here?

I shall make some remarks on Amendment 97. I suppose I should declare an interest as a minister of the gospel. I support the overriding principle of monitoring closely the impact of government policies on the rights and activities of those with deeply held faith across our society. It is important that we ensure that they are not unfairly disadvantaged. At the same time, I accept that those coming into the UK to preach or to carry out pastoral work should be held to similar standards to those in other professions, in terms of their grasp of the English language and the wider contribution they make to society. Northern Ireland has a large and vibrant faith community. There is a strong record, ethos and desire among local people of all ages to travel abroad to do missionary work, to spread the good news of the gospel of redeeming grace and make a difference to the lives of children and young people less advantaged than themselves. It is imperative that the Government continue to facilitate flexible routes for people across the United Kingdom to carry out their religious and humanitarian work.

It is also the duty of the Government to impact-assess the effects of their measures on the freedom of religion and assembly on an ongoing basis. Over the centuries, the United Kingdom has been richly blessed by the representatives of faith communities being able freely to enter our land for purposes related to their faith. I want to ensure that there shall be no hindrance to the exercise of our religious liberties; indeed, the battle for religious freedom was fought and won at great cost and we must guard it lest it be undermined in any way.

Finally, I will make a few remarks about Amendment 34. I wholeheartedly agree that we need to be vigilant about the effects of these regulations on the recruitment of international research and innovation staff to the United Kingdom. We need to be sure that the United Kingdom is an attractive place for such international research and innovation staff because we are regarded as a world leader in many fields of science and research. This legislation must not hinder nor act as an impediment to our research endeavours. Only the brightest and best will ensure that we continue to lead and not simply follow other nations.

[Baroness Neville-Rolfe (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord McCrea. I support Amendments 69 and 75 and the idea of reports on how things work out on arts, entertainment and business visitors. I believe that we should cover UK business interests in the EEA and Switzerland substantively and not just for comparison purposes, as proposed in the amendments. Talented endeavour must flow both ways. Reciprocity, in the words of the noble Lord, Lord Clement-Jones, is what we need. Business growth is vital to Britain, especially at this difficult time, and the arts and entertainment, hit especially badly by Covid-19, are some of our most important and vibrant business sectors in normal times right across the UK, as the noble Baroness, Lady Bull, said.

Frequent business travel is also important both ways, more generally in services and in particular in financial services and retail, which I know well from my own experience. We are facing a novel situation and it is right to assess things as we go along, particularly in areas so sensitive to changes in the rules on free movement. Reports to Parliament would help us to keep an eye on the practical problems that may arise with the wide range of changes that the Government are planning. I am not convinced that the economists on MAC can do this for us.

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

Lord McCrea of Magherafelt and Cookstown Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 16th September 2020 Lords Chamber

The only other way to avoid this dilemma, which would have the added attraction of improving the rights not only of victims of modern slavery who are EEA nationals, but of victims of modern slavery from Britain and all other parts of the world, would be for the Government to recognise that, as I said on 7 September, the Bill sponsored by the former Conservative Party leader Iain Duncan Smith and the noble Lord, Lord McColl, is a Bill whose time has come. Putting into domestic law the right of victims of modern slavery to access support and benefits for a period of recovery in the UK during and after the NRM would demonstrate that, rather than Brexit being allowed to become an opportunity for the erosion of the rights of the most vulnerable, it is about using our sovereignty to enhance their rights and renew our identity as a country that has, since the great Wilberforce, led the way in combating slavery. It would thus, in many ways, make impact assessments under Amendment 81 unnecessary. Were the Minister to give an assurance of support for that Bill, I would be happy to set my amendment to one side. I look forward to his response, and to hearing what others contribute to the debate.

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, I am pleased to support Amendment 81 in the name of my noble friend Lord Morrow. During our consideration of the Bill we have heard a great deal about the impact of the shape of immigration rules on confirmed victims of modern slavery. I share the concerns articulated by other noble Lords about not permitting the changes to the immigration system to leave victims with fewer rights to remain, or more restricted access to services and support than is currently available.

This country has a proud history of providing asylum, refuge and protection to vulnerable people, and ending freedom of movement is not meant to pull the rug out from underneath vulnerable victims of modern slavery. That is not what the public voted for, and I urge the Minister to reflect urgently with colleagues on what can be put in place before the end of the year to ensure that rights to remain in the UK for a minimum of 12 months to receive support beyond the NRM, including the opportunity to engage in work and study, will be made available to victims of modern slavery from EEA countries.

In the specific context of Amendment 81, in July the Government published a 130-page document called UK Points-Based Immigration System: Further Details Statement. Paragraph 3 on page 11, under the heading “Principles of the Points-Based System”, says:

“As we replace freedom of movement with the Points-Based System, we remain committed to protecting individuals from modern slavery and exploitation by criminal traffickers and unscrupulous employers.”


That is a noble commitment, but it rings rather hollow in the absence of a delivery mechanism, which is why Amendment 81 is, as I will argue, of such strategic importance.

The need for a delivery mechanism is highlighted by the implication of the 2018 figures from Northern Ireland’s Department of Agriculture, Environment and Rural Affairs, which show that one-fifth of agricultural workers in the Province are from countries outside the UK and Ireland, and most come from the EU. Some 15% of the agriculture businesses surveyed employ seasonal migrant workers. Agriculture is, unfortunately, already well known to be a risk sector for human trafficking, and the combination of a change to the rules around recruiting migrant workers with those existing risks cannot be ignored.

A report published by the International Organization for Migration last year, Migrants and their Vulnerability to Human Trafficking, Modern Slavery and Forced Labour, found that:

“Restrictive immigration policies (such as restrictions applied to certain visas or arbitrary changes to asylum procedures for nationals from certain countries) and weak migration governance structures are frequently noted as major causes of vulnerability to modern slavery, especially when combined with low-wage migration”,


and that,

“migrants whose visas are tied to a specific employer are also at higher risk of exploitation”.

In this context, it comes as no surprise to me that the noble Lord, Lord Morrow, who has huge experience in dealing with modern slavery issues, having developed, introduced and successfully taken through Stormont what is now known as the human trafficking and exploitation Act, has brought forward the amendment to provide the requisite delivery mechanism. I very much hope that the Government will accept it.

I urge the Government, further to this debate and that on Amendment 7, to prevent the integrity of the Brexit protocols being tarnished by allowing 1 January 2021 to become a day on which the rights of victims of modern slavery and some of the most vulnerable members of our society are eroded. The best way in which to get ahead of the game and demonstrate that, far from being about a race to the bottom, Brexit is about using our sovereignty to generate better laws, would be to adopt the Modern Slavery (Victim Support) Bill in the name of the noble Lord, Lord McColl, and the right honourable Sir Iain Duncan Smith. I urge the Government to adopt not merely the amendment but that Bill without delay.

[Lord Alton of Liverpool (CB)]

My Lords, I am pleased to speak in support of the amendment in the name of the noble Lord, Lord Morrow, who has done such heroic work, both here and in the Northern Ireland Assembly, in championing the rights of people who are being trafficked. I endorse everything that the noble Lord, Lord McCrea of Magherafelt and Cookstown, has said.

I should declare that I am a trustee of the anti-trafficking charity the Arise Foundation, which focuses on prevention of trafficking in source countries and has seen a huge increase in vulnerability, due to lack of available work during the Covid pandemic. When ready for publication, I suspect that we will see a substantial increase in trafficking numbers. Has the Minister seen any harbingers or indicators of that?

Undoubtedly, from the reports being received by Arise, Covid has had a devastating effect on heightening vulnerability in source countries, making it more likely that people will be at risk of making unsafe journeys. That is even more reason to incorporate the amendment. I also remind the Minister of the remarks I read into Hansard last week from the former independent commissioner on human trafficking, Kevin Hyland.

I am greatly concerned that, as things stand, when proposed changes to immigration law come into effect on 1 January 2021, they will diminish the rights of victims of modern slavery, and the amendment would help to prevent that from happening. Whereas today EEA nationals who are victims of modern slavery are able to remain in the UK, accessing a variety of publicly funded benefits and employment opportunities to help them recover, they will lose this in the same way as EEA nationals who are not victims of modern slavery. Nothing comparable is being put in its place. Their only hope is to apply for discretionary leave to remain, but we know that in practice very few victims receive such grants of leave—about 12%. Perhaps the noble Baroness can confirm that.

Then I see from reading the Government’s response to Amendment 7 that, although they have committed not to, in effect, directly knock out rights from the EU anti-trafficking directive that are part of EU retained law, they cannot tell us whether all the rights currently available to victims will be part of EU retained law. The Government have a chance again to do that this evening. Unless they do so, this will continue to engender fear that 1 January 2021 will usher in the end of some effective rights of victims of modern slavery.

That would be particularly tragic for the Government because they can take great credit for passing the Modern Slavery Act 2015. I was happy to have been a participant in those proceedings. Of course, that legislation came forward only because of the work of the then Home Secretary, Theresa May. It is a permanent and lasting legacy and achievement of hers and of both Houses, working with one another across the political divide. I would be deeply saddened if I thought that anything we were doing now would in any way diminish the importance and effectiveness of that legislation.

As the noble Lord, Lord McCrea, has said, one of the arguments advanced by those in favour of leaving the European Union, was that the UK would now have the option of not merely maintaining EU standards but going beyond them. Here is an opportunity to test that proposition. The Government could and should go further by urgently adopting the Modern Slavery (Victim Support) Bill sponsored by the noble Lord, Lord McColl of Dulwich, and the former Conservative Party leader, Iain Duncan Smith.

In the time available to me, however, I want particularly to comment on the value of the amendment from the perspective of preventing human trafficking. I should like to pursue a point raised by the noble Lord, Lord Morrow, about ensuring that the arrangements not only for the skilled worker visa but other migration routes will clearly set out how the Government intend to prevent human trafficking and exploitation and contain appropriate safeguards to avoid those routes being manipulated by traffickers.

I welcome the Government’s inclusion of protecting people from modern slavery in the three guiding principles for the points-based system set out in the further details statement published in July. The fact that the whole approach to immigration is underpinned by three foundational principles, and that one of those principles is concerned with combating trafficking, suggests that combating trafficking is important. But where is the delivery mechanism? That was a point made effectively by the two noble Lords who preceded me. I commend the amendment to the Minister as an example of the sort of mechanism that needs to be put in place in order to fulfil the aspirations of that principle.

Of course, not all migrant workers are vulnerable to modern slavery—a point made by the Minister rightly made from the Dispatch Box. Indeed, those who are the most highly paid are unlikely to be caught in exploitation; but even for skilled and well paid migrants it is important that checks and processes are put in place to ensure that those recruiting people from overseas are reputable, subject to scrutiny and abide by all labour regulations. The noble Baroness rightly reinforced that in our earlier debates.

Most at risk, though, are likely to be those who fall outside the skilled worker points-based programme—those who will participate in other temporary migration routes such as youth mobility schemes or seasonal worker schemes or those who may be recruited to work illegally spring to mind. The Government’s policy statement about the points-based system in February said:

“We will not introduce a general low-skilled or temporary work route. We need to shift the focus of our economy away from a reliance on cheap labour from Europe and instead concentrate on investment in technology and automation. Employers will need to adjust.”


I am very concerned that some of the ways in which unscrupulous employers will adjust will include the exploitation of undocumented workers and it is worrying that that the Government do not seem to have taken account of that risk. I look forward to hearing what the noble Baroness says on that in her reply.

I support the amendment because it will mean that, as the building blocks of the new immigration system are put in place through regulations under Clause 4, the Government will be required to assess the impact of that system on victims of modern slavery, and I hope, the way in which the system can prevent modern slavery from happening at all.

I was struck by research published in 2019 by the European Union Agency for Fundamental Rights, which looked at labour exploitation of adult migrants in eight European Union states and found that

“vulnerability linked to residence status is the most important risk factor causing or contributing to labour exploitation”.