Future Immigration

Lord Paddick Excerpts

Wednesday 19th December 2018 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Baroness for repeating the Statement made in the other place by her right honourable friend the Home Secretary. It is disappointing to say the least that it has taken the Government so long to produce this White Paper. It is almost a year late. That is entirely because of the shambles we observe every day from the Government.

If we leave the single market, freedom of movement, which we have enjoyed as members of the European Union, ends. The Statement says that this is a historic moment. I think it is very sad that British citizens will lose the right to live, work and study in the European Union. British citizens have taken up the right to live elsewhere in the European Union more than any other nationality. The loss of this right is nothing to celebrate. It diminishes us as a nation. We want to be a global and outward-looking nation. Where we find ourselves today is tragic, rather than historic.

There will be an urgent need to set up a new system. It is important that we do not base the new immigration system on some of the myths we have seen in the past. The noble Baroness has said before that the Government are still committed to reducing migration to the tens of thousands—a target that has never been and never will be met. Today, though, on the radio the Home Secretary repeatedly refused to commit himself to the tens of thousands target, so can the noble Baroness tell the House what Her Majesty’s Government’s policy is in this respect? Has the Home Secretary abandoned the commitment to a formal target of tens of thousands? If the target has been abandoned, what does that mean in practice? The danger is that the target is abandoned but the Home Office continues to function in the same way, with all the unfairness and inefficiencies that arbitrary targets lead to.

I support a single immigration system that is fair to all. Can the noble Baroness comment on the uncertainty over the Government’s intentions and the delays that producing this White Paper has created for EU citizens, their families and employers?

Can she tell us when we will know what the minimum salary threshold will be? There is much concern that it will be £30,000. That would rule out many healthcare professionals, technicians, and people employed in the social care sector. That would be very damaging to our economy and to both the private and public sectors. I think particularly of our wonderful NHS and the role played by immigrants every single day in delivering the healthcare that we need.

The Statement said that there would be no limit on the number of students who can come and study here. We have heard that many times. The problem is that it is not believed by prospective students and their families. Other countries are taking advantage of that. What can the Minister say to convince those students that they are welcome here?

Can the Minister say more about the arrangements set out by the Home Secretary for time-limited, temporary, short-term workers, who would have no right to access public funds, settle or bring dependants and who would come for 12 months at a time followed by year-long cooling-off period? That might suit some sectors, but it is an alarming prospect for many employers because it would not allow them to establish continuity of employment, which is vital for delivering services. Does the Minister believe that the Home Office has the capacity to change its established ways of working and its unofficial targets, which it was clearly working towards and which contributed to the Windrush scandal?

I am clear that the Government cannot have it both ways: on the one hand, talking about an outward-looking, global Britain meeting the needs of society and employers and, on the other, using the rhetoric of cracking down on migration. This White Paper gives us lots of questions and uncertainties. A lot more work is needed on the part of the Government to give the reassurance and confidence that the country desperately needs.

[Lord Paddick (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. It says that,

“for the first time for more than 40 years, we will be able to say who can, and who cannot, come to this country”.

Can the Minister confirm that, currently, EU citizens and their families who want to stay for more than three months must have sufficient resources if they are not working so that they are not a burden on the state, and that EU citizens and members of their family can be expelled from the UK on the grounds of public policy, public security or public health? Can she also confirm that the UK can refuse, terminate or withdraw any free movement rights in the event of an abuse of those rights, or fraud? In other words, does she accept that we have considerable say over who can and who cannot come to or remain in this country as a member of the European Union?

The Statement says that the new policy will bring annual net migration down to more sustainable levels,

“as we committed to do in our manifesto”.

The Conservative Party manifesto promised to cut net migration to below 100,000, but the Statement also says:

“There will be no cap on numbers”,


for skilled immigration. Do the Government think immigration will go up or down as a result of a “no cap on numbers” immigration policy?

How can the future immigration system make sure, as the Statement says, that immigration works in the best interests of the UK when the policy is determined by the Home Office? Surely the number of doctors and nurses needed, and of those needed to work in social care, should be determined by the Department of Health and Social Care, for example, and not by the Home Office?

If immigration is to be restricted by salary level only, what about the thousands of immigrants who work in the construction, hospitality and social care sectors, and in the NHS, on low salaries? Highly skilled does not necessarily mean highly paid. Do the Government expect EU countries to prevent British workers earning less than the equivalent level of salary working in the European Union?

What is the estimated cost to the public sector and industry of having to engage with the visa system compared with the current visa-less system of employing EU nationals?

The Statement says that the policy will operate from 2021 but will be phased in to give individuals, businesses and the Government the time needed to adapt. Does that mean that the policy will operate from 2021 or only parts of it? If so, which parts?

How many years will it take for the Home Office to recruit and train the additional staff to implement the new systems required? By how much will the Home Office have to expand to grant permissions to EEA and Swiss nationals and their family members before they can come to the UK? How many people did this amount to in the last year for which the Government have figures? How many EEA and Swiss nationals do the Government anticipate will be refused entry under the new scheme to help reduce net migration?

By how much will the Home Office have to expand to process applications and enforce the temporary 12 months-on, 12 months-off scheme for low-skilled and seasonal workers? How many of those workers, who will not be able to access any benefits despite paying British tax and national insurance, will be put off by the new arrangements, not least by the fact that they will not be able to return to the UK for 12 months? What is the Government’s impact assessment? Can the Government confirm that there is intended to be no low-skilled immigration in the future and what the impact will be on public services and UK businesses?

It is clear that this White Paper has not been thought through. It is impractical, unnecessary and cannot possibly be implemented in full for many years to come. Like Brexit, immigration policy based on this White Paper will be damaging to our economy, to our public services and to public confidence.

[Baroness Williams of Trafford]

I thank both noble Lords for their questions. I contrasted the points made by the noble Lord, Lord Kennedy, with those made by the shadow Home Secretary in the House of Commons, who said that, whether you are a doctor from Poland or a doctor from Pakistan, a single immigration system will work for you. The noble Lord then went on to say that he supported a single immigration system based on skills and not on where you are from.

Both the noble Lord, Lord Kennedy, and the noble Lord, Lord Paddick, asked why it had taken so long to get to this point. Noble Lords will remember that the MAC reported just in September. It was important to hear its advice. Moreover, the immigration White Paper suggests a change in the immigration system that we have not seen for a generation—more than 40 years—so it is important that the White Paper discusses all the various aspects that will affect the new system.

The noble Lord, Lord Kennedy, talked about UK citizens working in the EU. Clearly, the EU will have its own arrangements for UK citizens, but we have tried today to outline the system for anybody in the world who wants to come to work and live in the UK.

Both noble Lords mentioned the target. My right honourable friend the Home Secretary made it clear this morning that we are committed to our manifesto pledge of controlling immigration to sustainable levels and that we favour a skills-based system that meets the needs of the UK economy.

Both noble Lords talked about the £30,000 salary threshold. That was a suggestion that will go out to consultation. We will hear various views on that figure from businesses across the country. The noble Lords also mentioned NHS workers. Nurses and certain medical practitioners are already on the shortage occupation list, which will continue to operate.

The noble Lord, Lord Kennedy, talked about the disincentive to students. Far from this country providing a disincentive to students, we have seen the number of students from outside the EU grow year on year. So I do not accept that point.

Both noble Lords talked about temporary workers, be they construction workers or other types of temporary worker. We will keep that under review: of course it is important that people who come here for a short period, even if it is to fill gaps in the labour market, meet the needs of the economy. We expect a full review from the MAC on that in due course. In the interim we will be listening to businesses about what their needs are and what their experiences have been during that time.

The noble Lord, Lord Paddick, talked about EU citizens, who must currently have sufficient funds to come here and can have those rights curtailed. Therefore, we have control of our migration system. However, free movement rules under the current system are quite broad and we need to take back control of our borders. We will not be in the European Union, although we fully view ourselves as being in Europe. He asked about additional staff. We will ensure that we have the staff to meet our future needs. Announcements have been made in the last couple of days about providing additional resource for Brexit and I am sure that, as time goes on, we will have more detail on that.

The noble Lord, Lord Paddick, also asked about the numbers of Swiss and EEA nationals refused. Under free movement we have very limited ability to refuse Swiss and EEA nationals who want to come to the UK, but in future they will have to meet the UK Immigration Rules, which will be the same for the whole world.